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Agenda packet

Selma City Council
April 3, 2023

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Agenda packet
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April 3, 2023
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Selma City Council
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WHEREAS, California and our Nation are blessed and enriched by the diversity of their residents; and
WHEREAS, Sikhs have been an influential and impactful part of California since the turn of the nineteenth century. They have endured many hardships while contributing to the growth and success of our state;
WHEREAS, The Sikh religion is based on a belief in one God and the equality of all human beings; and
WHEREAS, The Celebration of Vaisakhi includes performing Seva (selfless service), such as providing free meals to all visitors to Sikh Gurdwaras (Houses of Worship); and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Selma wishes the Sikh American community a joyous Vaisakhi.

NOW, THEREFORE BE IT FURTHER RESOLVED that we, Mayor Scott Robertson, Mayor Pro Tem Beverly Cho and Council members Sarah Guerra, Blanca MendozaNavarro and John Trujillo do hereby recognize the historical, cultural, and religious significance of Sikh Americans and express respect for all Sikhs who practice their faith, and do hereby honor our Sikh Community’s Celebration of Vaisakhi by proclaiming
April 2023 as Sikh Heritage Month in the City of Selma
Presented this 3rd day of April, 2023
__________________________
Scott Robertson
Mayor of the City of Selma
April 3, 2023 Council Packet Page 1 of 101
MINUTES Agenda item 1

SELMA CITY COUNCIL

SPECIAL MEETING
February 21, 2023
Selma City Council Chambers
1710 Tucker Street
Selma, CA 93662
VIA TELECONFERENCE PURSUANT TO AB 361. THE PUBLIC ALSO HAD THE OPTION TO CALL +1 301 715 8592 ID: 891 6864 5005 TO PROVIDE COMMENTS ON AGENDA ITEMS.

The special meeting of the Selma City Council was called to order at 5:00 p.m. in the Council Chambers and by teleconference. Council members answering roll call were: Roll Call: Councilmembers Guerra, Mendoza- Navarro, Trujillo, Mayor Pro Tem Cho, and Mayor Robertson CLOSED SESSION: Mayor Robertson recessed the meeting into Closed Session at 5:02 p.m. to discuss the following:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Christie Mooradian v. City of Selma, Fresno County Superior Court Case No. 21CECG02293
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(b): 1 case Mayor Robertson reconvened the meeting from closed session at 6:31 p.m. with no reportable action.

ADJOURNMENT: There being no further business, the meeting was adjourned at 6:32 p.m.

Respectfully submitted,
Reyna Rivera, City Clerk
April 3, 2023 Council Packet Page 2 of 101

MINUTES

SELMA CITY COUNCIL

REGULAR MEETING
February 21, 2023
6:00 p.m.

Selma City Council Chambers
1710 Tucker Street
Selma, CA 93662
VIA TELECONFERENCE PURSUANT TO AB 361. THE PUBLIC ALSO HAD THE OPTION TO CALL +1 301 715 8592 ID: 891 6864 5005 TO PROVIDE COMMENTS ON AGENDA ITEMS.

The regular meeting of the Selma City Council was called to order at 6:37 p.m. in the Council Chambers and by teleconference. Council members answering roll call were: Guerra, Mendoza-Navarro, Trujillo, Mayor Pro Tem Cho, and Mayor Robertson
INVOCATION: Pastor Nelson Schwamb led the invocation.

The Pledge of Allegiance was led by Council member Trujillo.

ORAL COMMUNICATIONS: Public comment was received from Ms. Theresa Salas; Mr. Daniel Ortiz; and Mr. Donald Shafer.

MID-YEAR FINANCIAL REPORT: Deputy City Manager Bains provided a power point presentation on the Mid-Year Budget and reviewed the revenues and expenditures on the General Fund, Measure “S” Safety Tax Fund, anticipated and actual sales tax revenues. Deputy City Manager Bains discussed the Mid-Budget Budget Revise at the next Council meeting and the timeline for the upcoming budget. After much discussion, Council thanked Deputy City Manager Bains for the information.

CONSENT CALENDAR: Council member Guerra requested that agenda item 2 be pulled for a separate discussion. Motion was then made by Council member Mendoza-Navarro to approve the remaining Consent calendar as written. Motion was seconded by Council member Guerra and carried unanimously. 2023-11R CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING
IMPLEMENTATION OF ASSEMBLY BILL 2449 AND ADOPTION OF A

REASONABLE ACCOMMODATION POLICY
Approved CHECK REGISTER DATED FEBRUARY 17, 2023: After discussion, motion was made by Council member Trujillo and seconded by Council member Mendoza-Navarro to APPROVE CHECK REGISTER DATED FEBRUARY 17, 2023. The motion then carried unanimously.
2023-12R PUBLIC HEARING TO CONSIDER A RESOLUTION APPROVING A

GENERAL PLAN AMENDMENT, ZONE CHANGE TO REZONE
APPROXIMATELY .48 ACRES FROM R-1-7 ZONE TO R-3 ZONE AND

GENERAL PLAN LAND USE DESIGNATION AMENDMENT FROM MEDIUM

LOW DENSITY TO MEDIUM HIGH DENSITY RESIDENTIAL (HDR) TO

ALLOW FOR THE DEVELOPMENT OF THREE DUPLEXES LOCATED ON

SOUTHEAST CORNER OF NEBRASKA AVENUE AND MITCHELL AVENUE April 3, 2023 Council Packet Page 3 of 101
2695 NEBRASKA AVENUE (APN: 390-030-01): Contract Planner Trevor Stearns provided a power point presentation detailing proposed development of three duplexes located on the southeast corner of Nebraska and Mitchell Avenues. He discussed the project’s current general plan land use designation and zone district, which are not consistent with the development proposal. He further explained that the project includes a General Plan Amendment and Rezone, which would make the Project’s development proposal consistent with the allowed uses of the Medium High Density land use designation and R-3 zone (Multiple Family Zone District).

Mayor Robertson opened the public hearing at 7:25 p.m. Public comment was received from Mr. Raj Grewal, Ms. Sarah Pantoya, and Ms. Theresa Salas.

After discussion, motion was made by Council member Mendoza-Navarro and seconded by Mayor Pro Tem Cho to approve RESOLUTION NO. 2023-12R, A RESOLUTION

APPROVING GENERAL PLAN AMENDMENT, REZONE, AND SITE PLAN REVIEW NO. 2022-0026 FOR THE CONSTRUCTION OF THREE DUPLEXES AT 2695 NEBRASKA AVENUE (APN 390-030-01), NOTICE OF EXEMPTION, AND MAKING FINDINGS. The motion carried unanimously.

Tabled DISCUSSION REGARDING COMMEMORATION OF FALLEN OFFICER GONZALO CARRASCO: City Manager Santillan reported that staff continues to explore potential avenues to commemorate Officer Carrasco. Public comment was received from Ms. Theresa Salas, Mr. Jim Avalos, Mr. Eliseo Zuniga, Ms. Bethany Byrd and Tommie Tagawa. After much Council discussion, it was the consensus of Council to TABLE THE MATTER TO THE MARCH 20, 2023 COUNCIL MEETING.

Approved CONSIDER MAYORAL/CITY COUNCIL APPOINTMENTS TO VARIOUS BOARDS: City Manager Santillan reported that during the January 17, 2023 Council meeting, Council reviewed and made appointments to various regional boards and commissions. He noted that additional Committees also required appointments and requested Council appoint representatives or alternates as application.

Motion was made by Council member Trujillo and seconded by Mayor Pro Tem Cho to nominate Council member Mendoza-Navarro as the Alternate Fresno County City Selection Committee Member. The motion carried unanimously.

Motion was made by Council member Trujillo and seconded by Mayor Pro Tem Cho to nominate Council member Mendoza-Navarro as the San Joaquin Valley Special City Selection Committee Member. The motion carried unanimously.

Motion was made by Council member Mendoza-Navarro and seconded by Council member Trujillo to nominate Mayor Pro Tem Cho as the Alternate San Joaquin Valley Special City Selection Committee Member. The motion carried unanimously.

Motion was made by Council member Trujillo and seconded by Council member Guerra to nominate Mayor Pro Tem Cho as the Southeast Regional Solid Waste Commission Member. The motion carried unanimously.

Motion was made by Council member Mendoza-Navarro and seconded by Council member Trujillo to nominate Mayor Pro Tem Cho as the Alternate Southeast Regional Solid Waste Commission Member. The motion carried unanimously.

April 3, 2023 Council Packet Page 4 of 101
Motion was made by Council member Trujillo and seconded by Council member Guerra to nominate Council member Mendoza-Navarro as the Association for the Beautification of Highway 99 Member. The motion carried unanimously.

Motion was made by Council member Mendoza-Navarro and seconded by Council member Trujillo to nominate Council member Trujillo as the Alternate Association for the Beautification of Highway 99 Member. The motion carried unanimously.

Motion was made by Mayor Robertson and seconded by Mayor Pro Tem Cho to nominate Council member Guerra as the Alternate Five Cities Economic Development Authority (Five Cities), Board of Director. The motion carried with the following vote:

AYES: Robertson, Cho, Guerra
NOES: Mendoza-Navarro, Trujillo
Approved DISCUSSION REGARDING STATE AND FEDERAL BUDGET

APPROPRIATIONS AND LEGISLATIVE FUNDING PRIORITIES FOR THE CITY OF SELMA: City Manager Santillan discussed the earmark request process for State and Federal budget appropriations and requested Council provide direction. After much Council discussion, City Manager Santillan summarized Council priorities.

It was the consensus of Council to designate the first priority as Infrastructure: Sewer, Storm drain, Broadband, Roads.

A motion was made by Council member Trujillo and seconded by Council member Mendoza-Navarro to DESIGNATE THE SECOND PRIORITY AS PIONEER VILLAGE. The motion carried with the following vote:

AYES: Trujillo, Mendoza-Navarro, Cho
NOES: Guerra, Robertson
A motion was made by Council member Trujillo and seconded by Council member Guerra to DESIGNATE THE THIRD PRIORITY AS DOWNTOWN REVITALIZATION.

The motion carried unanimously.

A motion was made by Council member Mendoza-Navarro and seconded by Mayor Pro Tem Cho to DESIGNATE THE FOURTH PRIORITY AS THE DINUBA OVERPASS AND BUILD OUT OF THE FLORAL, STILLMAN, DEWOLF AREA. The motion carried unanimously.

Approved DISCUSSION REGARDING CITY COUNCIL CODE OF CONDUCT PER COUNCIL’S REQUEST: City Attorney Dodd requested direction on updating the Code of Conduct and implementing a Council handbook. Public comment was received from Mr. Jim Avalos, Ms. Theresa Salas, and Mrs. Rose Robertson. After much discussion, motion was made by Council member Trujillo and seconded by Council member Mendoza-Navarro to DIRECT CITY ATTORNEY TO PROVIDE A CODE OF CONDUCT AND HANDBOOK FOR COUNCIL CONSIDERATION. The motion carried with the following vote:

AYES: Trujillo, Mendoza-Navarro, Cho
NOES: Guerra, Robertson
April 3, 2023 Council Packet Page 5 of 101
Information
Only

DISCUSSION REGARDING CLARIFICATION OF THE CENTRAL VALLEY LIONESS LIONS CLUB 11th ANNUAL SENIOR THANKSGIVING MEAL EXPENSES AND REIMBURSEMENTS: City Manager Santillan reported on the Annual Senior Center Thanksgiving Meal. Mayor Pro Tem Cho discussed the process in which donations are received and deposited. She further discussed the expenses for food items and materials. After much discussion, it was stated that there was no action required and this matter was agendized for information only.
2023-13R CONSIDER RESOLUTION APPROVING REVISED MASTER SALARY

SCHEDULE AMENDING PUBLIC WORKS SUPERVISOR SALARY RANGE
After discussion, motion was made by Council member Mendoza-Navarro and seconded by Council member Guerra to approve RESOLUTION NO. 2023-13R, APPROVING THE

AMENDMENT TO THE CITY OF SELMA MASTER SALARY SCHEDULE TO REFLECT

THE CORRECTED PAY SCALE FOR THE PUBLIC WORKS SUPERVISOR CLASSIFICATION. The motion carried unanimously.

DEPARTMENTAL REPORTS: Fire Chief Petersen reported on receiving a FEMA Assistance to Firefighter Grant for the amount of $125,000 for the purpose of an air fill station.

Police Chief Alcaraz thanked everyone for the outpouring of support during.

Community Services Director Smart thanked Mr. Moses Stites, Fresno Rural Transit Agency and Mr. Gabe Tabarez, MV Transportation for the opportunity to provide city staff with transportation to the funeral services.

COUNCIL REPORTS: Council member Mendoza-Navarro reported on attending the funeral services for Officer Carrasco. She thanked Bloomie’s Floral, Church of Selma United, St. Joseph’s Catholic Church, and the entire community.

Council member Trujillo reported on attending the funeral services for Officer Carrasco.

Council member Guerra thanked Fresno Mayor Dyer, Fresno County Sheriff Zanoni for their assistance with funeral services. She also thanked Mr. Mandeep Singh for the recent food giveaway event in honor of Officer Carrasco.

Mayor Pro Tem Cho reported on attending the funeral services for Officer Carrasco and a recent Five Cities meeting.

Mayor Robertson offered his condolences to the Police department and staff. He thanked the Selma religious community, St. Joseph’s Church, and Mr. Mandeep Singh for honoring Officer Carrasco. Mayor Robertson reported on attending the following: funeral services for Officer Carrasco, food giveaway event, Selma Kingsburg Fowler County Sanitation District (SKF) meeting, Fresno Council of Governments meeting, and volunteering at the Christian Café. He also reported on an upcoming SKF Chairperson luncheon, an upcoming youth empowerment summit, and a citizen inquiry regarding an abandoned house on Alton Street.

ORAL COMMUNICATIONS: Public comment was received from Mr. Manuel Guido.

ADJOURNMENT: There being no further business, Mayor Robertson adjourned the meeting at 9:17 p.m.

Respectfully submitted,
Reyna Rivera, City Clerk
April 3, 2023 Council Packet Page 6 of 101
MINUTES Agenda item 2

SELMA CITY COUNCIL

SPECIAL MEETING
March 6, 2023
Selma City Council Chambers
1710 Tucker Street
Selma, CA 93662
THE PUBLIC ALSO HAD THE OPTION TO CALL +1 301 715 8592 ID: 891 6864 5005 TO PROVIDE COMMENTS ON AGENDA ITEMS.

The special meeting of the Selma City Council was called to order at 5:00 p.m. in the Council Chambers and by teleconference. Council members answering roll call were: Roll Call: Council members Guerra, Mendoza- Navarro, Trujillo, Mayor Pro Tem Cho, and Mayor Robertson.

CLOSED SESSION: Mayor Robertson recessed the meeting into Closed Session at 5:01 p.m. to discuss the following:

Mayor Robertson reported that this item was tabled: CONFERENCE WITH LEGAL COUNSEL –

EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Christie Mooradian v. City of Selma, Fresno County Superior Court Case No. 21CECG02293

CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Designated Representatives: City Manager Fernando Santillan Employee Organizations: Miscellaneous Mid-Management Employees, Public Works and Transit Maintenance Employees, Secretarial Technical Clerical Association, Selma Police Officers Association, Selma Firefighter’s Association (IAFF Local 3716), Fire Mid-Management Employees, Police MidManagement Employees

PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
Title: Deputy City Manager
Mayor Robertson reconvened the meeting from closed session at 5:15 p.m. with no reportable action.

ADJOURNMENT: There being no further business, the meeting was adjourned at 5:16 p.m.

Respectfully submitted,
Reyna Rivera, City Clerk
April 3, 2023 Council Packet Page 7 of 101

MINUTES

SELMA CITY COUNCIL

REGULAR MEETING
March 6, 2023
6:00 p.m.

Selma City Council Chambers
1710 Tucker Street
Selma, CA 93662
THE PUBLIC ALSO HAD THE OPTION TO CALL +1 301 715 8592 ID: 891 6864 5005 TO PROVIDE COMMENTS ON AGENDA ITEMS.

The regular meeting of the Selma City Council was called to order at 6:00 p.m. in the Council Chambers and by teleconference. Council members answering roll call were: Guerra, Mendoza-Navarro, Trujillo, Mayor Pro Tem Cho, and Mayor Robertson.

INVOCATION: Pastor Jose Alvarez of the Iglesia Antioquia led the invocation.

The Pledge of Allegiance was led by Mayor Pro Tem Cho.

Potential conflicts of interest: Mayor Robertson advised that he has a potential conflict of interest on agenda item 2 and would be addressing the topic as a member of the public and then will be leaving the room.

ORAL COMMUNICATIONS: Public comment was received from Mr. Jim Avalos, Mr. Dwight Nelson, Mr. Joe Gonzalez, and Mrs. Rose Robertson.

SELMA UNIFIED SCHOOL DISTRICT SELMA ADULT SCHOOL PRESENTATION: Selma Unified School District Superintendent Dr. Marilyn Shepherd stepped forward and introduced Adult Education Program Principal Rosa Baly and Coordinator for Parent and Community Engagement Alicia Gonzalez. She also invited everyone to an upcoming event for the public to share their input and ideas about Selma Unified. Principal Baly and Coordinator Gonzalez provided a power point presentation regarding the location, programs that are being offered, support provided and events that are taking place.

Public comment was received from Mr. Jim Avalos. After much discussion, Council thanked Selma Unified for their continued partnership.

CONSENT CALENDAR: Mayor Robertson requested that agenda item 2 be pulled for a separate discussion and he will be addressing this matter as a member of the public. Council member Guerra requested that agenda item 3 be pulled for a separate discussion. Motion was then made by Council member Trujillo to approve the remaining Consent calendar as written. Motion was seconded by Council member Mendoza-Navarro and carried unanimously.
2023-14R CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING SECOND TWELVEMONTH EXTENSION TO THE CURRENT EMERGENCY MEDICAL SERVICES (EMS) PROVIDER AGREEMENT WITH FRESNO COUNTY TO CONTINUE PROVIDING AMBULANCE SERVICES WITHIN THE COUNTY’S G ZONE April 3, 2023 Council Packet Page 8 of 101
Approved CONSIDER REJECTION OF CLAIM, SCOTT ROBERTSON, CLAIMANT: Mayor Robertson stepped down from the dais and addressed Council from the podium. He also requested that Council have access to an unredacted version of the documents before voting on the matter and that he would like to amend his claim to include the city attorney. After Mayor Robertson addressed Council, he stepped out of the room.

At this point in the meeting, Mayor Pro Tem Cho requested comments from City Manager Santillan. City Manager Santillan read a statement regarding the claim.

Mayor Pro Tem Cho requested comments from City Attorney Dodd. City Attorney Dodd discussed the claim and clarified the redactions.

After Council discussion, public comment was received from the following: Mr. Jim Avalos, Mr. Dwight Nelson, Mrs. Yvette Montijo, Mr. Louis Franco, Ms. Theresa Salas, Mr. Joe Gonzalez, Pastor Marty Lunch, Mrs. Rose Robertson, Ms. Jennifer Guerra, Mr. Louis Quintana, Mr. Robert Cortez, and Mr. Joe Alvarez.

City Attorney Dodd explained the request for the vote before Council. After discussion, a motion was made by Council member Mendoza-Navarro and seconded by Council member Trujillo to REJECT THE CLAIM, SCOTT ROBERTSON, CLAIMANT. The motion carried with the following vote:

AYES: Mendoza-Navarro, Trujillo, Cho
NOES: Guerra
ABSTAIN: Robertson *Recused
At this point in the meeting, Mayor Robertson entered the room and returned to the dais.

Approved CHECK REGISTER DATED FEBRUARY 28, 2023: After Council comments, public comment was received from Mrs. Rose Robertson. A motion was then made by Council member Trujillo and seconded by Council member Mendoza-Navarro. The motion carried unanimously.

RECESS: At 7:56 p.m., Mayor Robertson called for a short break in the meeting. The meeting then reconvened at 8:01 p.m.
2023-15R MID YEAR BUDGET REVISE: Deputy City Manager Bains provided a power point presentation on the recommended adjustments accompanied by the associated costs and funding sources. She also discussed the process and timeline for the upcoming fiscal year budget. After much Council discussion, motion to approve RESOLUTION NO. 2023-15R AMENDING THE ADOPTED BUDGET FOR FISCAL YEAR 2022-2023 was made by Mayor Pro Tem Cho. The motion was seconded by Council member Mendoza-Navarro and carried unanimously.
2023-16R CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING CONTRACT AMENDMENT NO. 1 WITH RINCON CONSULTANTS, INC. FOR THE SELMA ZONING CODE UPDATE: City Manager Santillan reported on the proposed amendment which includes providing pre-approved plan sets that are readily accessible to the public and housing options that have been fully vetted against the most current zoning policies and regulations within the community. Public comment was received from Rincon Consultant Rob Terry and Ms. Theresa Salas. After Council discussion, Council member MendozaApril 3, 2023 Council Packet Page 9 of 101 Navarro motioned to approve RESOLUTION NO. 2023-16R APPROVING AMENDMENT ONE TO THE AGREEMENT WITH RINCON CONSULTANTS, INC.

FOR COMPLETION OF THE CITY OF SELMA COMPREHENSIVE ZONING ORDINANCE UPDATE. The motion was then seconded by Council member Guerra and carried unanimously.
2023-17R CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A BUILDING

PERMIT AND PLAN CHECK FEE WAIVER FOR FRESNO COUNTY RURAL TRANSIT AGENCY MAINTENANCE FACILITY: City Manager Santillan reported on the public benefit of the maintenance facility and the request received for the fee waiver.

Public comment was received from Mr. Jim Avalos and Mrs. Rose Robertson. After discussion, motion was made by Mayor Robertson and seconded by Council member Guerra to approve RESOLUTION NO. 2023-17R, APPROVING BUILDING PERMIT AND

PLAN CHECK FEE WAIVER FOR FRESNO COUNTY RURAL TRANSIT AGENCY MAINTENANCE FACILITY. The motion carried unanimously.

DEPARTMENTAL REPORTS: City Manager Santillan reported on the local Pacific Gas and Electric Company office closure and on receiving the feasibility study report from Caltrans regarding State Route 99 /Floral Avenue. City Manager Santillan also announced the appointment of Deputy City Manager Jerome Keene.

City Attorney Dodd provided an update on the City Council handbook.

Police Chief Alcaraz provided an update on the Parlier Police department dispatch services.

Community Services Director Smart reported on the upcoming events at the Arts Center and discussed the community outreach for the department to identify programs for the community. Community Services Director Smart also provided an update on the youth sports program.

Public Works Director Dias provided an update on Caltrans State Route 99 project, an assessment of calming measures, Shafer Park project, and the proactive work for the anticipated storm.

COUNCIL REPORTS: Council member Mendoza-Navarro thanked staff on the recent changes to the traffic lights at the intersection of Thompson and Dinuba Avenue. She reported on an upcoming Selma Catholic Women’s Club retreat and wished her son a happy birthday.

Council member Trujillo thanked the Selma District Chamber of Commerce on their recent Crab Feed event.

Council member Guerra discussed the upcoming Caltrans project. She reported on receiving a concern regarding sandbags and inquiring on the Shafer Park project. She also requested a future agenda item regarding current development projects.

Mayor Pro Tem Cho reporting on attending the Selma District Chamber of Commerce Crab Feed and the Chinese Consolidated Benefit Association Banquet. She invited everyone to the upcoming Selma District Chamber of Commerce mixer and the Selma Business Alliance fundraiser.

Mayor Robertson reported on attending a Fresno Council of Governments meeting. He also inquired on the timeline for the Clarkson Lift Station project.

April 3, 2023 Council Packet Page 10 of 101
ORAL COMMUNICATIONS: Public comment was received from Mr. Jim Avalos and Mrs. Rose Robertson.

ADJOURNMENT: There being no further business, Mayor Robertson adjourned the meeting at 9:13 p.m.

Respectfully submitted,
Reyna Rivera, City Clerk
April 3, 2023 Council Packet Page 11 of 101
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: April 3, 2023
ITEM NO: 3.

SUBJECT: Consideration of a Resolution consenting to the use of public facilities regarding the proposed re-routing of traffic on Highland Avenue for participants of the Annual Selma Sikh Parade
BACKGROUND: The Sikh Center of the Pacific Coast is planning on conducting the 28th annual Sikh Parade. The parade route would traverse much of the City, starting at the Sikh Center concluding at Selma High School
DISCUSSION: The parade will cause the re-directing of traffic on State Highway 43/Highland Avenue between Rose and Nebraska Avenues, from 10:00 a.m. to 2:00 p.m. on April 3, 2023.

The California Department of Transportation is requesting a resolution from the City of Selma endorsing the event, given the need to reroute traffic from State Highway 43 to City Streets.

FISCAL IMPACT: The parade is expected to bring attendees from throughout the region that will generate an unknown positive impact financially in the form of sales tax and commerce within the city limits. Other costs for traffic control are the responsibility of the parade organizers.

RECOMMENDATION: Consider approving the resolution endorsing the use of public streets for the Annual Selma Sikh Parade.
_____/s/________________________________________ __3/30/2023___ Jerome Keene, Deputy City Manager Date
_____/s/________________________________________ __3/30/2023___ Fernando Santillan, City Manager Date
April 3, 2023 Council Packet Page 12 of 101
RESOLUTION NO. 2023 – R

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,

CALIFORNIA, CONSENTING TO THE USE OF PUBLIC FACILITIES

AND THE PROPOSED RE-ROUTING OF TRAFFIC

SPECIAL EVENT

ANNUAL SELMA SIKH PARADE
WHEREAS, on April 3, 2023, the Selma City Council, at a regularly scheduled meeting, considered a request by the Sikh Center of the Pacific Coast Sikh Temple for the rerouting of traffic on State Highway 43 Highland Avenue between Rose Avenue and Nebraska Avenue; and
WHEREAS, the Sikh Center of the Pacific Coast Sikh Temple is required to apply to the State of California Department of Transportation (“Caltrans”) to conduct a special event – Sikh Festival Parade on State property; and
WHEREAS, the annual Sikh parade will require the temporary closure of State Highway Route 43 on April 16, 2023 between 10:00 a.m. and 2:30 p.m.; and WHEREAS, given that the temporary closure of State Highway 43 may impact City streets, Caltrans requested that the City adopt a resolution consenting to the proposed rerouting of traffic onto and over City streets during the Sikh Festival Parade.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council approves and consents to the proposed re-routing of traffic onto and over City streets and upon terms and conditions deemed appropriate and necessary by the State of California Department of Transportation.

SECTION 3. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 4. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.
(Signatures on following page)
April 3, 2023 Council Packet Page 13 of 101
PASSED, APPROVED AND ADOPTED this 3rd day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

Scott Robertson, Mayor
ATTEST:

Reyna Rivera, City Clerk
April 3, 2023 Council Packet Page 14 of 101
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:

ITEM NO: 4.

SUBJECT:

BACKGROUND: The Sikh Center of the Pacific Coast is planning on conducting the 28th annual Sikh Parade. The parade route would traverse much of the City, starting at the Sikh Center concluding at Selma High School (Attachment #1).

A Traffic Control Plan has been prepared by Alert-O-Lite and approved by the Selma Police Department (Attachment #2).

DISCUSSION: The Sikh Center of the Pacific Coast has submitted a request to waive fees associated with the annual Sikh Parade (Attachment #3).

Fees associated with this event include Special Events Permit, Street Closure Permit, and Sound Permit, total cost of $1,200.

This event will take place on April 16, 2023, and will be along the route depicted in Attachment #2. The fee waiver serves a public purpose by bringing many residents and individuals from neighboring communities to the City, thereby generating additional revenue for the City towards programs and services. The annual Sikh parade is a free event and provides the opportunity to celebrate local culture in Selma.

FISCAL IMPACT: If approved, $1,200 would be the cost to the General Fund that would have otherwise been collected for the processing of the associated permits.

RECOMMENDATION: Consider approving resolution and request from the Sikh Center of the Pacific Coast to waive fees for the Annual Sikh Parade. _____/s/________________________________________ __3/30/2023___ Lupe Macias, Building-Planning Technician Date
_____/s/________________________________________ __3/30/2023___ Jerome Keene, Deputy City Manager Date
_____/s/________________________________________ __3/30/2023___ Fernando Santillan, City Manager Date
Consideration of a Resolution, approving a request for a fee waiver for the Sikh Center of the Pacific Coast’s annual Sikh Parade event April 3, 2023
April 3, 2023 Council Packet Page 15 of 101
RESOLUTION NO. 2023 – __R

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SELMA, CALIFORNIA, APPROVING A

REQUEST FOR A FEE WAIVER FOR THE SIKH
CENTER OF THE PACIFIC COAST’S ANNUAL SIKH

PARADE EVENT
WHEREAS, the Sikh Center of the Pacific Coast requested that the City Council waive fees associated with its Annual Sikh Parade event to be held be on April 16, 2023; and
WHEREAS, the total fees associated with the parade are One Thousand Two Hundred Dollars ($1,200), which includes the fees for the special events permit, street closure, and sound permit; and

WHEREAS, the total amount the Parade is requesting the City Council to waive is One Thousand Two Hundred Dollars ($1,200); and
WHEREAS, while the City is proposing to waive certain fees associated with the parade, Sikh Center of the Pacific Coast is still required to comply with all other provisions of the City’s Municipal Code; and

WHEREAS, the fee waiver serves a public purpose by bringing many residents and individuals from neighboring communities to the City, thereby serving as a vehicle to bring additional revenue to the City. The annual Sikh parade is a free event and provides the opportunity to celebrate local culture in Selma.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA
DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The fee waiver serves a public purpose by bringing many residents and individuals from neighboring communities to the City, thereby serving as a vehicle to bring additional revenue to the City. The annual Sikh parade is a free event and provides the opportunity to celebrate local culture in Selma.

SECTION 3. The City Council hereby approves the fee waiver for fees associated with the Parade in the amount of One Thousand Two Hundred Dollars ($1,200).

SECTION 4. The Sikh Center of the Pacific Coast shall comply with the City’s Municipal Code during the Parade, and provide the City with all information required by City staff, including, but not limited to, the following:

April 3, 2023 Council Packet Page 16 of 101

1. Proof of insurance with the City named as additional insured.

2. Indemnification of the City.

SECTION 5. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 6. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 3rd day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Scott Robertson, Mayor
ATTEST:

Reyna Rivera, City Clerk
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CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:

ITEM NO: 5.

SUBJECT:

RECOMMENDATION: Consider approving a resolution and request from the Central California Blood Center to waive fees for the Blood Drive.

DISCUSSION: The Central California Blood Drive has submitted a request to waive fees associated with the blood drive event (Attachment #1).

Fees associated with this event include Special Events Permit and Park Rental which total $1,145.

This event will take place on April 15, 2023, and will be along the route depicted in Attachment #2. The fee waiver serves a public purpose by bringing many residents and individuals from neighboring communities to the City, thereby generating additional revenue for the City towards programs and services.

RECOMMENDATION: Consider approving the resolution and request from Central California Blood Center to waive fees for the blood drive. _______/s/___________________________________ _03/30/2023___ Lupe Macias, Building-Planning Technician. Date
_______/s/___________________________________ _03/30/2023___ Jerome Keene, Deputy City Manager Date
_______/s/___________________________________ _03/30/2023___ Fernando Santillan, City Manager Date
Consideration of a Resolution, approving a request for a fee waiver for the Central California Blood Center event.

April 3, 2023
April 3, 2023 Council Packet Page 44 of 101
RESOLUTION NO. 2023 – __R

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SELMA, CALIFORNIA, APPROVING A

REQUEST FOR A FEE WAIVER FOR THE CENTRAL

CALIFORNIA BLOOD CENTER EVENT
WHEREAS, the Central California Blood Center requested that the City Council waive fees associated with its blood drive event to be held be on April 15, 2023; and WHEREAS, the total fees associated with the blood drive are One Thousand One Hundred Forty-Five Dollars ($1,145), which includes the fees for the special events permit, and park rental; and
WHEREAS, the total amount the Blood Center is requesting the City Council to waive is One Thousand One Hundred Forty-Five Dollars ($1,145); and WHEREAS, while the City is proposing to waive certain fees associated with the blood drive, Central California Blood Center is still required to comply with all other provisions of the City’s Municipal Code; and

WHEREAS, the fee waiver serves a public purpose by bringing many residents and individuals from neighboring communities to the City, thereby serving as a vehicle to bring additional revenue to the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA
DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The fee waiver serves a public purpose by bringing many residents and individuals from neighboring communities to the City, thereby serving as a vehicle to bring additional revenue to the City.

SECTION 3. The City Council hereby approves the fee waiver for fees associated with the Blood Drive in the amount of One Thousand One Hundred Forty-Five Dollars ($1,145).

SECTION 4. The Central California Blood Center shall comply with the City’s Municipal Code during the Blood Drive, and provide the City with all information required by City staff, including, but not limited to, the following:

1. Proof of insurance with the City named as additional insured.

2. Indemnification of the City.

April 3, 2023 Council Packet Page 45 of 101
SECTION 5. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

SECTION 6. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

PASSED, APPROVED AND ADOPTED this 3
rd day of April, 2023, by the
following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Scott Robertson, Mayor
ATTEST:

Reyna Rivera, City Clerk
April 3, 2023 Council Packet Page 46 of 101
April 3, 2023 Council Packet Page 47 of 101
Event Details
State
CA
Zip
93722
Officer
Cindee Allen
Title
Account Executive
Park Rental Requested
Lincoln Park Please indicate which Pioneer Village Facilities you will be renting with a check.

How many days will your event be?
1 Rental Start Date
04/15/2023
Nature and Purpose of Event
Blood Drive
Start Time
10:00 am
End Time
3:00 pm
Will there be a fee for admissions charged?
No
Resident/Non-Resident
Non-Resident
Will you be having a bounce house?
No
Alcohol being served must end one hour
prior to the completion of the event.

Estimated Number of Participants or Attendees
40 Will there be Sound Amplication Equipment?
No

EVENTS REQUIRING SECURITY WILL BE

REQUIRED TO PROVIDE PROOF OF SECURITY

FROM THE CITY OF SELMA POLICE
DEPARTMENT STAFF. ANY EVENT THAT DOES

NOT REQUIRE SECURITY BUT REQUIRES THE

POLICE BEING CALLED TO THE EVENT WILL

HAVE COSTS DEDUCTED FROM THE SECURITY
DEPOSIT. SHOULD THE PAYMENT BE HIGHER
April 3, 2023 Council Packet Page 48 of 101
Park Rental Information
Applicant Signature

THAN THE DEPOSIT, THE PERSON ASSUMING

RESPONSIBILITY WILL BE BILLED
The following vendor is approved by the City of
Selma for Bounce Houses:

Bouncin off the wall
Phone #: (559)897-1125
. Alcholic beverages are prohibited in City
Parks (Selma City Code Section 9-8-4(s).
. No Parking in the park or Veteran's Plaza
(unloading only).
. Electricity is available at most Parks,
however, strict regulations govern its use.
. Special Park arrangements must be
approved and fee paid as assessed for
such services.

CLEANING AND DAMAGE PAYMENT
No deposit is required at time of rental. However, as the person responsible for renting the shelter, I understand I will be billed for cleaning and damages should they occur. 
I acknowledge that a "Cleaning Fee" will be charged at $20 per hour post rental along with costs to repair any damage to the park or shelter.

Martin Garcia
01/27/2023
Statement of Understanding
The undersigned hereby accepts and agrees to
comply with all City Policies, Ordinances, State
Laws and rules and regulations. Applicant
further agrees to hold the City of Selma, Ocers
and employees, free and harmless from the
loss, damage, liability, cost or expenses that
may arise incident to the use or occupation of
the required park, facility or equipment.
10-10-23.1: PARKING IN PARKS AND OTHER
RECREATIONALAREAS:

No person shall drive or park a vehicle in a
public park or recreation area, except by special
permit issued by the Police Department.

Authorized signs shall be posted at all
entrances to parks or recreation areas giving
notice of this Section. (Ord. 694,7-3-72, e. 8-4-
72).

Signature of Person Assuming Responsiblity
Martin Garcia
01/27/2023
Signed
April 3, 2023 Council Packet Page 49 of 101
Post Special Event Fees
Park Rental Fees
I, the undersigned representative, have read the
rules and regulations with reference to this
permit and am duly authorized to enjoin the
organization(s) or person(s) listed on this
application for the responsibilities listed in the
Selma Municipal Code Section ______ in its
entirety and as applied to the city of Selma
Martin Garcia
01/27/2023
Title
Martin Garcia
Barricades Police Ocer
CSO Dispatcher
Sta
Pioneer Village Fees
April 3, 2023 Council Packet Page 50 of 101
April 3, 2023 Council Packet Page 51 of 101
Holder Identifier : 777 7777 7 7 7 77763616 65 5333 7626 67552345546 774 21777241433 7366 7553441 31 736263133 43 132 7526233576 7677 754267353 7633 77 4 15752234574 7366 17752274132 77727252 2577311 7777777 7 7 7 7 666 6666 6 6 6 626 64662 4 462 6 2 22624 6 6 2426224 2 6222224262 6 2 62 2 626 4 2 62 424 262 2 6222 24 4 42 2 6 22 62622 24 6 66 2662242 66646 6224 66444 6666666 6 6 6 6 Certificate No : 570097453778

CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
01/19/2023
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER
Aon Risk Insurance Services West, Inc.

Sacramento CA Office
2277 Fair Oaks Blvd.

Suite 250
Sacramento CA 95825 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(916) 369-4800
INSURED INSURER A: Columbia Casualty Company 31127
INSURER B: Cypress Insurance Co (CA) 10855
INSURER C: The Continental Insurance Company 35289
INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.): 847-953-2283

CONTACT
NAME:

Central California Blood Center
4343 West Herndon Avenue
Fresno CA 93722 USA
COVERAGES CERTIFICATE NUMBER: 570097453778 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTA N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIC ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA D CLAIMS. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR

ADDL TYPE OF INSURANCE INSD POLICY NUMBER LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$1,000,000
$1,000,000
$3,000,000
$3,000,000
A HMA6050353913 10/01/2022 10/01/2023
PROJECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
X
X X
BODILY INJURY (Per accident)
$1,000,000 C 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT (Ea accident)
6049715798

EXCESS LIAB X
OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED
$5,000,000
$5,000,000
$10,000
10/01/2022 UMBRELLA LIAB A HMC4031911487 10/01/2023

X RETENTION
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X
OTHER
B 10/01/2022 10/01/2023 PER STATUTE
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? Y N / A

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
CEWC354393
HMA6050353913 10/01/2022 10/01/2023 Limit (1)
Limit (2) $3,000,000
A Misc Med Prof $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Evidence of Insurance

CERTIFICATE HOLDER CANCELLATION
Lincoln Park AUTHORIZED REPRESENTATIVE
2301 Selma St
Selma CA 93662 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

April 3, 2023 Council Packet Page 52 of 101
•
FEDERAL TAX ID# 94-6024540
Internal Revenue Service
JUL 8 1977'" "' ., L-178, Code 428
EP:EO:EO:1: S.D
(415) 556-5488
imon
Central California Blood Bank
3425 N.First street - P.O. Box 31
Fresno, Ca.
93707
Based on information supplied, and assuming your operations will be as stated in your application for reoognition of exemption, we have determined you are exempt from Federal inoome tax under seotion 501(0)(3) of the Internal Revenue Code.

We have further determined you are not a private foundation within the meaning of section 509(a) of the Code, beoause you ·are.an organization desoribed in seotion 509(a)(2):. : ...

You are"not liable for social security (FICA) taxes unless you file a waiver of exemption certificate as provided in the Federal Insurance Contributions Act. You are not liable for the taxes imposed under the Federal Unemployment Tax Act (FUTA).

Since you are not a private foundation, you are not subjeot to the exoise taxes under Chapter 42 of the Code. However, you are not automatioally exempt from other Federal exoise taxes. If you have any questions about exoise. employment, or other Federal taxes, please let us know.

Donors may deduot oontributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers. or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106. and 2522 of the Code.

If your purposes. character. or method of operation is changed, please let us know so we can consider the effect of the change;on" your exempt status. Also, you should inform us of all changes in your name or address.
(Over)
April 3, 2023 Council Packet Page 53 of 101
If your gross receipts each year are normally more than $~O:,090 you are required to file Form 990, Return of Organization Exempt From Income Tax, by the 15th day of the fifth month· after the end of your annual accounting period. The law imposes a penalty of $10 a day, up to a maximum of $5,000, for failure to file a return on time.

You are not required to file Federal 'income tax returns unless you are subject to the tax on unrelated business income under seotion 511 of the Code. If you are subjeot to this tax, you must file an inoome tax return on Form 990-T~ In this letter we are not determining whether any of your present or proposed aotivities are unreiated trade or business as ~erined in section 513 of the Code.

You ne~d an employer identification number even if you have no . employ~e~. ,If an employer ~dentificatioll number was not entered on your application! a number" will be assigned to you and you will be advised of it'. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service.

Please keep this determination letter in your permanent reoords.

Sincerely yours,
District Director
This revokes our prior determination letter dated September 10, 1958.

Your application for exemption has been considered under section S01(c)(3) rather than S01(c)(4} w~ch is inapplicable. ' April 3, 2023 Council Packet Page 54 of 101
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: April 3, 2023
__________________________________________________________________________ ITEM NO: 6.

SUBJECT: Consideration of a Resolution awarding contract to Don Berry Construction, Inc. for the Stillman Street and High Street Road Improvements Project. ______________________________________________________________________________ BACKGROUND: The approved Budget for Fiscal Year 2022-23 allocated $2,751,000 to Street Improvements in the Street Construction and Maintenance Department. Several street improvement projects were previously identified by staff to utilize these available Street Funds. The subject Project is one of the identified projects.

The Stillman Street and High Street Road Improvements Project (“Project”) is located along Stillman Street between Chandler Street and McCall Avenue, and along High Street between Stillman Street and Wright Street. The Project includes the complete removal and reconstruction of the paved street surface. A portion of concrete curbs, gutters, and valley gutters are to be removed and replaced to improve stormwater drainage. Portions of public sidewalks and several curb ramps are included to be removed and replaced to address accessibility issues.

DISCUSSION: During the project bidding phase, the Notice Inviting Bids were advertised in the Hanford Sentinel and circulated in the local builders’ exchanges. Additionally, other reputable contractors experienced with this type of construction were made aware of the project and invited to bid on the project as well.

Bids for the Stillman Street and High Street Road Improvement Project were opened on March 21, 2023. The bid results were as follows:

Contractor Bid
Don Berry Construction, Inc....................... $457,725.00 R.J. Berry Jr., Inc. ...................................... $515,335.00 Emmett Valley Construction, Inc................ $550,165.80 Asphalt Design By Juan Gomez ................. $598,000.00 Dave Christian Construction Co., Inc. ........ $599,051.50 Bush Engineering, Inc. ............................... $600,099.00 Witbro Inc., dba Seal Rite Paving ............... $614,428.00 Dawson-Mauldin, LLC .............................. $670,572.00 Avison Construction, Inc............................ $725,428.00 Engineers Estimate..................................... $717,102.00 The bids were analyzed, and it was determined that Don Berry Construction, Inc. submitted the lowest responsive and responsible bid and as such, Staff recommends that they be awarded the contract.

April 3, 2023 Council Packet Page 55 of 101
FISCAL IMPACT: As previously mentioned, the Approved Budget for Fiscal Year 2022-23 allocated $2,751,000 in Department 5400-Street Construction and Maintenance, as Expenditure 700.100.00-Improvements.

The estimated cost for the construction phase of the project is $572,065, as detailed below:
 Construction....................................................................... $457,725.00  Construction Contingency .................................................... $45,772.00  Construction Management/Inspection/Testing/Admin ........ $68,568.00 The remaining budgeted funds for Improvements in Street Construction and Maintenance 2022/23 Budget will be $2,178,935 for other identified Street Improvement Projects. ______________________________________________________________________________ RECOMMENDATION: Approve Resolution awarding construction contract to Don Berry Construction, Inc. for the Stillman Street and High Street Road Improvements Project in the amount of $457,725.00; approving a 10% construction contingency for potential change orders in the amount of $45,772.00 for this project; and authorize the City Manager to sign contract documents on behalf of the City.
______________________________________________________________________________ _______/s/____________________________ _03/24/2023_____________________ David Horn Date
City Engineer
_______/s/____________________________ _03/27/2023_____________________ Jerome Keene Date
Deputy City Manager
______/s/____________________________ _03/27/2023_____________________ Fernando Santillan Date
City Manager
April 3, 2023 Council Packet Page 56 of 101
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SELMA, CALIFORNIA AWARDING CONTRACT FOR

STILLMAN STREET AND HIGH STREET ROAD IMPROVEMENT PROJECT WHEREAS, The City Staff designated the Stillman Street and High Street Road Improvement Project (“Project”) for Street Construction and Maintenance in the Approved Budget for Fiscal Year 2022-23; and,
WHEREAS, the plans and specifications for the Project were prepared by Yamabe and Horn Engineering, Inc., and approved by the City of Selma Public Works and the City Engineer; and,
WHEREAS, the project has been advertised and bids have been received on the project; and, WHEREAS, the bids were opened on Tuesday, March 21, 2023; WHEREAS, Staff analyzed all bids received and determined the bid from Don Berry Construction, Inc. to be the lowest responsive and responsible bid; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Selma hereby finds, determines, and declares the following:

1. The above recitals are true and correct;

2. The contract for the Stillman Street and High Street Road Improvements Project is awarded to Don Berry Construction, Inc., at a cost of $457,725.00;

3. Approve a 10% Construction Contingency in the amount of $45,772.00;

4. Authorize the City Manager to execute contract documents.

5. Severability. The provisions of this Resolution are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Resolution or their applicability to other persons or circumstances.

6. Effective Date. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the Cityof Selma held on the 3
rd day of April, 2023 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
(Signatures on the following page)
April 3, 2023 Council Packet Page 57 of 101
____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Reyna Rivera
City Clerk
April 3, 2023 Council Packet Page 58 of 101

SYLVIA ST

HIGH ST

ARRANTS ST

MCCALL AVE

GAITHER ST

STILLMAN ST

TULARE ST

FIRST ST
LEE ST

WRIGHT ST

BRANCH ST

LOGAN ST

SHERMAN ST

NORTH ST

GRANT ST

STILLMAN ST

ROSE AVE

WHITSON ST

FRONT ST

TULARE ST

MERCED ST

GAITHER ST

HIGH ST

FRONT ST

CHANDLER ST
Stillman Street & High
Street Road Improvement
Project
0 150 300
Feet
Legend
Project Location
Parcels
Path: F:\2022\22-238\GIS\Stillman_HighSt_Map\Stillman_HighSt_Map.aprx April 3, 2023 Council Packet Page 59 of 101
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: April 3, 2023
__________________________________________________________________________ ITEM NO: 7.

SUBJECT: Introduction and waive the first reading of Ordinance Amending Title IV – Building Regulations, Chapters 1 through 5, 11, 12, 14, 15, 16, 17 and Title VII – Fire Regulations, Chapters 1 and 2 of the City of Selma Municipal Code Relating to Building Codes
______________________________________________________________________________ BACKGROUND: The last update to the City’s Building Code was conducted in December of 2016 when the City Council adopted an Ordinance amending Chapter 1 through 5, 11, 12, 14, 15, 16, and 17 of Title IV and Chapters 1 and 2 of Title VII as it relates to the adoption of codes. This action adopted the 2015 California Building Standards Code.

The California Building Standards Commission (BSC) reviews the most recent edition of national model codes and standards and made amendments and additions to most parts of the California Building Standards Code. On July 1, 2022, the State adopted the 2022 California Building Code Standards, which have become effective on January 1, 2023. The 2022 California Building Standards Code includes the following:

Title 24 California Code of Regulations:
• Part 1 - California Administrative Code
• Part 2 - California Building Code
• Part 2.5 - California Residential Building Code
• Part 3 - California Electrical Code
• Part 4 - California Mechanical Code
• Part 5 - California Plumbing Code
• Part 6 - California Energy Code
• Part 8 - California Historical Building Code
• Part 9 - California Fire Code
• Part 10 - California Existing Building Code
• Part 11 - California Green Building Standards Code
• Part 12 - California Reference Standards Code
DISCUSSION: As a result of the Building Standards Commission’s action, each City and County agency may adopt this new code with local amendments by January 1, 2023. If no local action is taken by this date, then the State’s Code, in its entirety, is applicable to the agency when processing building and grading permit applications. The purpose of this exercise is to ensure that the City of Selma’s Municipal Code is consistent with the most current California Building Code. Following the adoption of this ordinance, Staff will conduct a comprehensive review of the City’s Municipal Code as it relates to Building related policies and staff will present any revisions that staff deems necessary to streamline the process and elaborate on existing policies.

April 3, 2023 Council Packet Page 60 of 101
This Ordinance incorporates by reference the most recent version of the California Standard Building Codes. In adopting these Standard Codes, the City of Selma may add to, delete, or amend the various parts of the Standard Codes which are not construction standards. Generally, those provisions relating to permits and fees are deleted and provided for separately by resolution. The proposed Ordinance would adopt the Standard Codes as follows:

1. Building Standards Code (Chapter 1 of Title IV of the SMC) with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

2. Administrative Code (Chapter 2 of Title IV of the SMC). with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

3. Building Code (Chapter 3 of Title IV of the SMC), with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

4. Electrical Code (Chapter 4 of Title IV of the SMC) with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

5. Mechanical Code (Chapter 5 of Title IV of the SMC) with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

6. Plumbing Code (Chapter 11 of Title IV of the SMC) with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

7. Historical Building Code (Chapter 12 of Title IV of the SMC), with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

8. Reference Standards Code (Chapter 14 of Title IV of the SMC), with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

9. Residential Building Code (Chapter 15 of Title IV of the SMC), with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

10. Existing Building Code (Chapter 16 of Title IV of the SMC), with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

April 3, 2023 Council Packet Page 61 of 101

11. Green Building Standards Code (Chapter 17 of Title IV of the SMC), with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

12. Fire Code (Chapter 1 of Title VII of the SMC), with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

13. Fire Code (Chapter 2 of Title VII of the SMC), with updates to specific references to the 2016 California Building Standards Code and replacement with 2022 California Building Standards Code.

FISCAL IMPACT: This is a City-initiated process and therefore, no fees have been collected.

Staff’s time was used in the conduction of meetings/discussions, and preparation of the draft ordinance.
______________________________________________________________________________ RECOMMENDATION: Introduce and waive the first reading of an Ordinance amending Title IV – Building Regulations, Chapters 1 through 5, 11, 12, 14, 15, 16, 17 and Title VII – Fire Regulations, Chapters 1 and 2 of the City of Selma Municipal Code Relating to Building Codes. ______________________________________________________________________________

_____/s/________________________________________ __3/30/2023___ Trevor Stearns Date
Contract City Planner
_____/s/________________________________________ __3/30/2023___ Jerome Keene Date
Deputy City Manager
Attachments:

1. Proposed Ordinance
April 3, 2023 Council Packet Page 62 of 101
ORDINANCE NO. 2023-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SELMA REPEALING AND REENACTING CHAPTERS 1 THROUGH 5, 11, 12, 14, 15, 16, 17 OF TITLE IV AND CHAPTERS 1 AND 2 OF TITLE VII OF THE SELMA MUNICIPAL CODE,

TO ADOPT BY REFERENCE THE CALIFORNIA CODE OF
REGULATIONS TITLE 24, 2012 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE INCLUDING THE FOLLOWING PARTS:

PART 1 - CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE; PART 2 - CALIFORNIA BUILDING CODE;
PART 2.5 CALIFORNIA RESIDENTIAL BUILDING CODE;
PART 3 - CALIFORNIA ELECTRICAL CODE;
PART 4 - CALIFORNIA MECHANICAL CODE;
PART 5 - CALIFORNIA PLUMBING CODE;
PART 8 - CALIFORNIA HISTORICAL BUILDING CODE;
PART 9 - CALIFORNIA FIRE CODE;
PART 10 - CALIFORNIA EXISTING BUILDING CODE;
PART 11 - CALIFORNIA GREEN BUILDING STANDARDS CODE;
PART 12 - CALIFORNIA REFERENCE STANDARDS CODE,
WHEREAS, the City of Selma last adopted California Building Standards Code 2015 pursuant to the Selma Municipal Code; and
WHEREAS, the California Building Standards Commission has amended, updated and revised the California Building Standards Codes included in Title 24 of the California Code of Regulations; and
WHEREAS, the purpose of this Ordinance is to adopt by reference the 2022 Edition of the California Building and Standards Code, Title 24 of the California Code of Regulations.

The City Council of the City of Selma hereby finds that the purpose of this Ordinance maintain consistency with the California Building Standards Code and standards to protect the public safety, health, property and welfare of the City of Selma WHEREAS, the City Council of the City of Selma desires to amend those Chapters of Title IV and Title VII of the Selma Municipal Code that references the California Building Standards Code of 2015 and amend those chapters as set forth herein to incorporate the current version of the California Building Standards Code and Title 24 of the California Code of Regulations.

WHEREAS, amendments to the applicable chapters of the Selma Municipal Code are denoted by strikethroughs indicating deletion and underlining indicating addition.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY ORDAIN as follows:

April 3, 2023 Council Packet Page 63 of 101
2 THE CITY COUNCIL OF THE CITY OF SELMA DOES ORDAIN as follows:

SECTION 1. Chapters 1 through 5 of Title IV of the Municipal Code of the City of Selma is hereby amended to read as follows:
4-1-1: ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODE AND CALIFORNIA CODE OF REGULATIONS:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the California building standards code, 2016 edition 2022 Edition, California code of regulations, title 24 and California code of regulations, title 25, division 1, chapter 1, subchapter 1 (state housing law) as the foundation of the city of Selma building requirements and made part of this chapter as though set forth in full except as amended herein. These codes shall be designated as title IV, chapter 1, California building standards and California code of regulations of the city of Selma 4-2-1: ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODE ADMINISTRATIVE CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the 2016 edition 2022 Edition of the California building standards administrative code, California code of regulations, title 24, part 1, copies of which are on file with the city of Selma for public record and inspection. These are hereby adopted by said council by reference as the administrative code of the city of Selma and made a part of this chapter as though set forth in full, subject, however, to the amendments, additions, deletions and fee exceptions as set forth in this chapter. This code shall be designated as title IV, chapter 2, titled "the administrative code of the city of Selma". (Ord. 2016-7, 12-5-2016)
4-3-1: ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the California building standards code, 2016 edition 2022 Edition, California code of regulations, title 24 and California code of regulations, title 25, division 1, chapter 1, subchapter 1 (state housing law) as the foundation of the city of Selma building requirements and made part of this chapter as though set forth in full except as amended herein. These codes shall be designated as title IV, chapter 1, California building standards and California code of regulations of the city of Selma April 3, 2023 Council Packet Page 64 of 101
3 4-4-1: ADOPTION OF THE CALIFORNIA BUILDING ELECTRICAL CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the California electrical code, 2016 edition 2022 Edition, included in the California building standards code, title 24, part 3, of the California code of regulations, copies of which are on file in the community development department, for public record and inspection. These are hereby adopted by said council by reference as the electrical code of the city of Selma and made a part of this chapter as though set forth in full, subject, however, to the amendments, additions, deletions and fee exceptions set forth in this chapter. This code shall be designated as title IV, chapter 4, and the electrical code of the city of Selma.
4-5-1: ADOPTION OF THE CALIFORNIA MECHANICAL CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the California mechanical code, 2016 edition 2022 Edition, included in the California building standards code, California code of regulations, title 24, part 4, copies of which are on file in the community development department, for public record and inspection. These are hereby adopted by said council by reference as the mechanical code of the city of Selma and made a part of this chapter as though set forth in full, subject, however, to the amendments, additions, deletions and fee exceptions as set forth in this chapter. This code shall be designated as title IV, chapter 5, and the mechanical code of the city of Selma.

SECTION 2. Chapters 11, 12, 14, 15, 16, and 17 of Title IV of the Municipal Code of the City of Selma is hereby amended to read as follows:
4-11-1: ADOPTION OF THE CALIFORNIA PLUMBING CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the 2016 edition 2022 Edition of the California plumbing code with appendices, title 24, part 5 of the California code of regulations, copies of which are on file with the community development department, for public record and inspection. These are hereby adopted by said council by reference as the plumbing code of the city of Selma and made a part of this chapter as though set April 3, 2023 Council Packet Page 65 of 101
4 forth in full, subject, however, to the amendments, additions, deletions and fee exceptions as set forth in this chapter. This code shall be designated as title IV, chapter 11, and the plumbing code of the city of Selma.
4-12-1: ADOPTION OF THE CALIFORNIA HISTORICAL BUILDING CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the California historical building code, 2016 edition 2022 Edition, included in the California building standards code, part 8 of title 24 of the California code of regulations, copies of which are on file in the community development department, for public record and inspection. These are hereby adopted by said council by reference as the historical building code of the city of Selma and made a part of this chapter as though set forth in full, subject, however, to amendments, additions, deletions and fee exceptions as set forth in this chapter. This code shall be designated as title IV, chapter 12, and the historical building code of the city of Selma. 4-14-1: ADOPTION OF THE CALIFORNIA REFERENCED STANDARDS CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the California referenced standards code, 2016 edition 2022 Edition, included in the California building standards code, part 12 of title 24 of the California code of regulations, copies of which are on file in the community development department, for public record and inspection. These are hereby adopted by said council by reference as the referenced standards code of the city of Selma and made a part of this chapter as though set forth in full, subject, however, to amendments, additions, deletions and fee exceptions as set forth in this chapter. This code shall be designated as title IV, chapter 14, and the referenced standards code of the city of Selma. 4-15-1: ADOPTION OF THE CALIFORNIA RESIDENTIAL BUILDING CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the California residential building code, 2016 edition 2022 Edition, included in the California building standards code, part 2.5 of title 24 of the California code of regulations, copies of which are on file in the community development department, for public record and inspection. These are hereby adopted by said council by reference as the residential building code of the city of Selma and made a part of this chapter as though set forth in full, subject, however, to amendments, additions, April 3, 2023 Council Packet Page 66 of 101
5 deletions and fee exceptions as set forth in this chapter. This code shall be designated as title IV, chapter 15, and the residential building code of the city of Selma 4-16-1: ADOPTION OF THE CALIFORNIA EXISTING BUILDING CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the California existing building code, 2016 edition 2022 Edition, included in the California building standards code, part 10 of title 24 of the California code of regulations, copies of which are on file in the community development department, for public record and inspection. These are hereby adopted by said council by reference as the existing building code of the city of Selma and made a part of this chapter as though set forth in full, subject, however, to amendments, additions, deletions and fee exceptions as set forth in this chapter. This code shall be designated as title IV, chapter 16, and the existing building code of the city of Selma. 4-17-1: ADOPTION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the California green building standards code, 2016 edition 2022 Edition, included in the California building standards code, part 11 of title 24 of the California code of regulations, copies of which are on file in the community development department, for public record and inspection. These are hereby adopted by said council by reference as the green building standards code of the city of Selma and made a part of this chapter as though set forth in full, subject, however, to amendments, additions, deletions and fee exceptions as set forth in this chapter. This code shall be designated as title IV, chapter 17, and the green building standards code of the city of Selma.

SECTION 3. Chapter 1 and 2 of Title VII of the Municipal Code of the City of Selma is hereby amended to read as follows:
7-1-1: ADOPTION OF THE CALIFORNIA FIRE CODE:

Pursuant to the provisions of section 50022.2 of the Government Code and sections 17922, 17958.5, 17958.7 and/or 18941.5 of the Health And Safety Code of the state of California, the city council of the city of Selma does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the 2016 edition 2022 Edition of the California fire code with appendices, copies of which are on file with the city of Selma, for public record and inspection. These are hereby adopted by said council by reference as the fire code of the city of Selma and made a part of this chapter as though set forth in full, subject, however, to the amendments, additions, deletions and fee exceptions as set forth in this chapter. This code shall be designated as title VII, chapter 1, the fire code of the city of Selma.

April 3, 2023 Council Packet Page 67 of 101
6 7-2-1: GENERAL REQUIREMENTS:

All buildings, hereafter erected, constructed, or moved in, of five thousand (5,000) square feet or more in floor area, and all additions to existing buildings hereafter erected, constructed, or moved in, when the addition to the existing building results in a total combined floor area of five thousand (5,000) square feet or more, shall be equipped with an approved automatic fire sprinkler system in all occupancies as defined in the 2016 edition 2022 Edition of the California building code and amendments thereto, except occupancies defined in chapter 3 of the California building code, 2016 edition 2022 Edition, as R-3 and U, all of which shall conform to the regulations of the California building code, 2016 edition. The square footage shall be determined by measurement of the exterior wall dimensions. When an addition results in a building with total combined square footage of five thousand (5,000) square feet or more in floor area, the entire building, existing and addition, shall be equipped with an approved automatic fire sprinkler system. Other construction specifications shall be required as deemed necessary for fire protection by the building official and/or fire chief in all buildings, regardless of size and group occupancies. An approved automatic fire sprinkler system shall be as defined and outlined in chapter 9 of the 2016 edition 2022 Edition of the California building code and all amendments thereto.

SECTION 4. California Environmental Quality Act: The City Council having considered the Staff Report and all public comments, has determined that the aforementioned repeal, reenactment and additions to the Municipal Code of the City of Selma is not a project under the California Environmental Quality Act because the amendment has no potential for resulting in a physical change in the environment. Since the aforementioned repeal, reenactment and additions to the Selma Municipal Code is not a project, no environmental documentation is required.

SECTION 5. Severability. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, as if such invalid portion thereof had been deleted.

SECTION 6. This ordinance shall take effect thirty (30) days after its passage.

SECTION 7. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in a newspaper of general circulation, published in the County of Fresno.

I, REYNA RIVERA, City Clerk of the City of Selma, do hereby certify that the foregoing Ordinance was introduced and waiver of the first reading at a regular meeting of the City Council of the City of Selma held on the 3rd day of April 2023:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

April 3, 2023 Council Packet Page 68 of 101
7 ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_______________________________
Scott Robertson
Mayor, City of Selma
ATTEST:
_______________________________
Reyna Rivera
City Clerk, City of Selma
APPROVED AS TO FORM:
_______________________________
Megan Dodd
City Attorney
April 3, 2023 Council Packet Page 69 of 101
CHECK
NUMBER
CHECK

DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT 81368 03/22/23 Printed 24-7 PETVETS PD -DOG HIT BY A CAR WHILE CHP WAS HELPING IN SELMA 214.20 81369 03/22/23 Printed ALLSTAR FIRE EQUIPMENT FD -NFPA HELMETS 693.63 81370 03/22/23 Printed MARGARET ALVAREZ FD -AMBULANCE OVERPAYMENT REIMB 100.00 81371 03/22/23 Printed JOEY CHARLENE ARTHUR FD -AMBULANCE OVERPAYMENT REIMB 574.82 81372 03/22/23 Printed AT&T FIN -TELEPHONE -MARCH 2023 38.19 81373 03/22/23 Printed AT&T FIN -INTERNET SERVICE -CVTC 3/6-4/5/23 R 100.24 81374 03/22/23 Printed AT&T FIN -INTERNET SERVICE -WEED & SEED 3/11-4/10/23 84.89 81375 03/22/23 Printed AT&T FIN -TELEPHONE 2/12-3/11/23 94.85 81376 03/22/23 Printed JAY WESLEY BROCK / TOP DOG

TRAINING CENTER
PD -K9 MAINTENANCE 3/9/23 180.00
81377 03/22/23 Printed CITY OF SANGER FIRE DEPARTMENT FD -CONSULTING FOR IGT FEBRUARY 2023 214.90 81378 03/22/23 Printed CITY OF SELMA FD -REPLENISH PETTY CASH 116.69 81379 03/22/23 Printed COMCAST FD -INTERNET SERVICE -AMBULANCE 1231 ROSE AVE 190.41 81380 03/22/23 Printed CPS HR CONSULTING HR -WRITTEN TEST FOR FIRE APPARATUS 365.20 81381 03/22/23 Printed CSJVRMA HR -2022/2023 4th QTR DEPOSIT 299,638.00 81382 03/22/23 Printed DATA TICKET, INC. PD -PARKING CITATION PROCESSING FEBRUARY 2023 366.35 81383 03/22/23 Printed DATAPATH LLC ADMIN -5 LAPTOPS WITH ACCESSORIES FOR EMPLOYEES, FINANCE

REMODEL CABLING & TERMINATIONS, ADOBE ACROBAT STANDARD

FOR TEAMS
19,484.79
81384 03/22/23 Printed DEPARTMENT OF JUSTICE PD -BLOOD ALCOHOL ANALYSIS FEBRUARY 2023 350.00 81385 03/22/23 Printed FIRE APPARATUS SOLUTIONS FLEET -PARTS FOR FIRE ENGINE 3,760.55 81386 03/22/23 Printed FRESNO COUNTY TAX COLLECTOR FIN -PROPERTY TAX/SEWER 1st INSTALL LATE FEE 25.79 81387 03/22/23 Printed GRISWOLD, LASALLE, COBB, DOWD CITY ATTORNEY -LEGAL SERVICES FEBRUARY 2023 17,210.15 81388 03/22/23 Printed IRG MASTER HOLDINGS, LLC FIN -CVTC APRIL 2023 RENT R 11,990.84 81389 03/22/23 Printed KOSMONT & ASSOCIATES INC ADMIN -INSRASTRUCTURE FUNDING FEBRUARY 2023 591.50 81390 03/22/23 Printed TIM J LAW / LAW & ASSOCIATES HR -LAW ENFORCEMENT BACKGROUNDS 1,400.00 81391 03/22/23 Printed METRO UNIFORM PD -REVOLVING ACCT R 2,138.80 81392 03/22/23 Printed NET TRANSCRIPTS, INC. PD -TRANSCRIPTION CS#22- 2665 3,285.71 81393 03/22/23 Printed PG&E FIN -UTILITIES -MARCH 2023 139.23 81394 03/22/23 Printed PG&E FIN -UTILITIES -MARCH 2023 15.26 81395 03/22/23 Printed SECOND CHANCE ANIMAL SHELTER FIN -MONTLY SUPPORT -APRIL 2023 8,163.57 81396 03/22/23 Printed SPARKLETTS PD -WATER SERVICE 91.63 81397 03/22/23 Printed STRYKER SALES CORPORATION FD -MEDICAL SUPPLIES 1,139.40 81398 03/22/23 Printed UNITY IT PD -MDT MANAGED SERVICES FEBRUARY 2023 4,353.86 81399 03/22/23 Printed JEFF WALLACE FD -AMBULANCE OVERPAYMENT REIMB 100.00 81400 03/22/23 Printed AAA QUALITY SERVICES FIN -BUSINESS LIC OVERPAYMENT REIMB 89.00 81401 03/22/23 Printed ACTION TOWING AND DIVE TEAM PD -EVIDENCE TOWING JAN 2023 310.00 81402 03/22/23 Printed AIRGAS USA LLC FIN -CVTC OXYGEN SUPPLIES R 23.73 81403 03/22/23 Void Void Check 0.00
81404 03/22/23 Printed ARAMARK UNIFORM PW -UNIFORMS/TOWELS/FIRST AID KITS 2/16-2/23/23 564.10 81405 03/22/23 Printed ART RAMIREZ INC FIN -BUSINESS LIC OVERPAYMENT REIMB 5.00 81406 03/22/23 Printed AT&T FIN -TELEPHONE 2/4-3/3/23 1,642.24 81407 03/22/23 Printed AT&T FIN -TELEPHONE 2/4-3/3/23 124.95 81408 03/22/23 Printed AT&T FIN -TELEPHONE 2/4-3/3/23 119.47 81409 03/22/23 Printed AT&T MOBILITY FIN -TELEPHONE -MDT'S 2/1-2/28/23 389.07 81410 03/22/23 Printed B&L MECHANICAL FIN -BUSINESS LIC OVERPAYMENT REIMB 10.00 81411 03/22/23 Printed BAUER COMPRESSORS INC. FD -LEATHER GLOVES 1,959.29 81412 03/22/23 Printed BRAND NEW DAY FD -AMBULANCE OVERPAYMENT REIMB 795.39 81413 03/22/23 Printed BRIGHTHOUSE LLC FIN -BUSINESS LIC OVERPAYMENT REIMB 89.00 81414 03/22/23 Printed CALIFORNIA WATER SERVICE FIN -WATER SERVICE -FEBRUARY 2023 10,850.11 81415 03/22/23 Printed CENTRAL SANITARY SUPPLY, LLC. PW -JANITORIAL SUPPLIES 505.83 81416 03/22/23 Printed COMCAST FIN -INTERNET SERVICE -MARCH 2023 821.45 81417 03/22/23 Printed COMCAST FIN -PD TO FCSO -FEB 2023 712.87 81418 03/22/23 Printed CORELOGIC SOLUTIONS LLC FIN -REALQUEST SERVICES - FEB 2023 481.25 81419 03/22/23 Printed DEPARTMENT OF JUSTICE PD -FINGERPRINTS FEBRUARY 2023 294.00 81420 03/22/23 Printed DYNAMIC COATINGS, INC. PW -INSTALL DCI URETHANE FLOOR SHAFER PARK RESTROOMS 6,447.50 81421 03/22/23 Printed EFRAIN ZEPEDAS RAINBOW ROOFING FIN -BUSINESS LIC OVERPAYMENT REIMB 89.00 81422 03/22/23 Printed FRESNO COUNTY EDC FIN -CVTC 12/1/22-12/31/22 R 33,792.32 81423 03/22/23 Printed FRESNO COUNTY RURAL TRANSIT ADMIN -REFUND OF PERMIT FEES FOR MAINTENANCE FACILITY 102,933.75 81424 03/22/23 Printed FRESNO COUNTY SHERIFF PD -RMS/JMS/CAD ACCESS FEES FEBRUARY 2023 489.74 81425 03/22/23 Printed FRESNO OXYGEN FD -OXYGEN RENTALS 227.64 81426 03/22/23 Printed ROBIN A. GAINER MARTINEZ FD -AMBULANCE OVERPAYMENT REIMB 50.00 81427 03/22/23 Printed ERICK GALARZA FD -GYM REIMBRUSEMENT 200.00 81428 03/22/23 Printed GAR BENNETT LLC PW -IRRIGATION SUPPLIES 8.33 81429 03/22/23 Printed GATEWAY ENGINEERING, INC. PW -CONSTRUCTION DOCS CDBG 20-651 DOWNTOWN ADA IMPROV. G 8,700.00 81430 03/22/23 Printed HEALTHEDGE ADMINISTRATORS INC. HR -DENTAL CLAIMS 3/8/23 167.10 81431 03/22/23 Printed HEALTHEDGE ADMINISTRATORS INC. HR -DENTAL CLAIMS 3/15/23 3,577.40 81432 03/22/23 Printed HEALTHEDGE ADMINISTRATORS INC. HR -ADMINISTRATIVE FEES APRIL 2023 684.87 81433 03/22/23 Printed HEALTHWISE SERVICES, LLC. PD -MEDICAL WASTE SERVICE R 173.75 81434 03/22/23 Printed HENRY SCHEIN INC. FD -MEDICAL SUPPLIES 1,637.07

CHECK REGISTER REPORT
April 3, 2023 Council Packet Page 70 of 101
CHECK
NUMBER
CHECK

DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT

CHECK REGISTER REPORT
81435 03/22/23 Printed HUMANA HEALTH CARE PLANS FD -AMBULANCE OVERPAYMENT REIMB 499.06 81436 03/22/23 Printed IMAGETREND INC. FD -EPCR SOFTWARE FEBRUARY 2023 414.00 81437 03/22/23 Printed J'S COMMUNICATION INC. PD -SERVICE AGREEMENT MARCH 2023 446.00 81438 03/22/23 Printed JH TACKETT INC. ADMIN -NEW HIRE STAFF JACKETS 107.21 81439 03/22/23 Printed KENT M KAWOGOE, PHD HR -PRE EMPLOYMENT PSYCH EXAMS JAN & FEB 2023 3,400.00 81440 03/22/23 Printed KOEFRAN INDUSTRIES, INC. PD -EMPTY ANIMAL CONTROL FREEZER 163.86 81441 03/22/23 Printed JOSE LUIS LEON JR / LEONS COMPUTE ADMIN -COUNCIL CHAMBER PROJECTOR UPGRADE 4,794.45 81442 03/22/23 Printed LIFE-ASSIST INC. FD -MEDICAL SUPPLIES 159.81 81443 03/22/23 Printed MDM CONSTRUCTION INC FIN -BUSINESS LIC OVERPAYMENT REIMB 89.00 81444 03/22/23 Printed MEDLINE INDUSTRIES, INC. FD -MEDICAL SUPPLIES 139.80 81445 03/22/23 Printed MIRACLE PLAYSYSTEMS INC PW -MULTI PONDO FOR SHAFER PARK PLAYGROUND 4,562.34 81446 03/22/23 Printed DANIEL MURRIETA / PRINT THEORY PD -SERGEANT STRIPES & HASH MARKS 1,256.05 81447 03/22/23 Printed ODP BUSINESS SOLUTIONS LLC ADMIN -OFFICE SUPPLIES 316.13 81448 03/22/23 Printed ROBERT PETERSEN FD -FUEL REIMBURSEMENT 60.00 81449 03/22/23 Printed PG&E UTILITIES -MARCH 2023 64.48 81450 03/22/23 Printed PITNEY BOWES BANK INC PD -POSTAGE REFILL 542.08 81451 03/22/23 Printed JUAN BAUTISTA RAMOS FD -REPAIRS ON WINDSHIELD UNIT#228 375.00 81452 03/22/23 Printed RINCON CONSULTANTS, INC. ADMIN -CONTRACT PLANNING 2/1/23-2/28/23 5,254.25 81453 03/22/23 Printed RISING GREEN INC PW -PALM TREE TRIMMING & REMOVAL AT LINCOLN PARK 8,200.00 81454 03/22/23 Printed SAN JOAQUIN VALLEY AIR FD -23/24 ANNUAL PERMITS 98.00 81455 03/22/23 Printed SANTA MARIA CALIFORNIA NEWS PW -INVITING BIDS FOR STILLMAN & HIGH ST IMPROVEMENTS 507.04 81456 03/22/23 Printed SELMA DISTRICT CHAMBER OF ADMIN -ANNUAL AWARDS BANQUET 350.00 81457 03/22/23 Printed MOISES SORIA FD -AMBULANCE OVERPAYMENT REIMB 93.00 81458 03/22/23 Printed SUBWAY SANDWICHES FIN -BUSINESS LIC OVERPAYMENT REIMB 36.00 81459 03/22/23 Printed SURVEILLANCE INTEGRATION INC. PD -INTERIOR EVIDENCE ROOM DOOR 3,115.90 81460 03/22/23 Printed TEC GROUP INC. HR -HUMAN RESOURCES TECHNICIAN 3/12/23 9,464.43 81461 03/22/23 Printed THE CRISCOM COMPANY ADMIN -SEWER INFRASTRUCTURE APRIL 2023 4,500.00 81462 03/22/23 Printed THOMAS PARTITIONS & PW -NEW PARTITION INSTALLATION SHAFER PARK RESTROOM (BAL) 6,076.50 81463 03/22/23 Printed TIFCO INDUSTRIES, INC. PW -FUSES FOR ST LIGHT POLES 469.13 81464 03/22/23 Printed V&A CONSULTING ENGINEERS FIN -BUSINESS LIC OVERPAYMENT REIMB 205.00 81465 03/22/23 Printed VALLEY SHREDDING LLC FIN -CH DOCUMENT DESTRUCTION 72.00 81466 03/22/23 Printed SHEILA B VARELA / ALL PIPE PLUMBINGPW -SEWER LINE CAMERA INSP. LIONCOLN PARK RESTROOMS 367.12 81467 03/22/23 Printed WESTECH SYSTEMS, LLC. FIN -BUSINESS LIC OVERPAYMENT REIMB 89.00 81468 03/22/23 Printed ZUMWALT CONSTRUCTION FIN -BUSINESS LIC OVERPAYMENT REIMB 5.00 TOTAL 612,470.31
Grant: G PD State Appropriation: PDSA (457) Reimbursement: R April 3, 2023 Council Packet Page 71 of 101
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:

ITEM NO: 9.

SUBJECT: Council Review and Discussion of the Draft City Council Handbook RECOMMENDATION: Council to provide direction on any amendments, changes, deletions, or additions to the Draft 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. The City Attorney’s Office proposed the idea of a City Council Handbook, and a majority of the Council agreed with the suggestion.

The City Attorney’s Office has drafted the City Council Handbook. It is a lengthy document so we want to give Council ample opportunity to review, and provide suggested revisions to the Handbook before it is formally adopted. Additionally, we would note that the handbook will, once ready for adoption, have a table of contents so that specific items can be easily found or referenced.

Staff is seeking direction regarding what Council would like to see amended, added, or deleted from the draft City Council Handbook.

FISCAL IMPACT: N/A
RECOMMENDATION: Council to provide direction on any amendments, changes, deletions, or additions to the Draft City Council Handbook.
______/s/_________________________ __03/30/2023____________ Megan Dodd, City Attorney Date
April 3, 2023
April 3, 2023 Council Packet Page 72 of 101

HANDBOOK OF

RULES AND

PROCEDURES

SELMA CITY

COUNCIL
April 3, 2023 Council Packet Page 73 of 101

PREFACE
As provided by California Government Code Section 36813, the City Council of the City of Selma established the Handbook of Rules and Procedures contained therein. The Handbook shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended or new rules are adopted in the manner provided herein.

In addition to the Handbook of Rules and Procedures, the City Council has included in this document other information which may be useful to the City Council, administrative staff, and the general public. This document is to be known as “The Handbook of Rules and Procedures of the City Council of the City of Selma.”
Adopted _____________
Resolution ___________
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1 CHAPTER 1

GENERAL INFORMATION, POWERS AND DUTIES
A. THE CITY OF SELMA
The City of Selma has a City Council/City Manager form of government.

Under this form of government, the elected City Council sets the policies for the operation of the Selma City Government as well as the City. These policies are implemented by staff.

The administrative responsibility of the city rests with the City Manager, who is appointed by the City Council.

B. COUNCIL ELECTIONS
The City Council consists of four members, elected by district, and a Mayor which is appointed at large. Each Council Member serves for four-year staggered terms, without limit. The Mayor serves a two-year term, without limit. Elected Officials serve until his/her successor has been elected and qualified. Elections are held in November of even numbered years.

The City contracts with the County of Fresno to administer municipal elections.

C. VACANCIES
Pursuant to Government Code section 36512, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent.

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2 D. MAYOR PRO TEMPORE SELECTION
Pursuant to Selma Municipal Code 1-7-1, the office of mayor pro tempore shall be for a two (2) year term. In every even year, on the first regular meeting of the city council in December of such year, or as soon thereafter as practicable upon the certification of election results from the general municipal election by the Fresno County registrar of voters for such year, whichever occurs later, the city council shall select one of its members as mayor pro tempore.

The mayor pro tempore position shall be held by the city council member receiving a majority vote of the city council. Any city council person may nominate, and if seconded, the city council shall vote on the selection of one of its members as mayor pro tempore. Any member of the city council may vote for himself or herself to occupy the position of mayor pro tempore. In the event the person selected as mayor pro tempore shall die, resign, or cease to serve as a council member, a different council member shall be selected in the same manner to fill the unexpired term of his or her predecessor.

E. COMPENSATION AND BENEFITS
Council Members, including the Mayor, receive $300/month paid biweekly through regular City payroll At their option, they can participate in the city’s health insurance program, in the same manner as regular employees. Additionally, the Mayor receives a $30/month cell phone stipend, and all Council Members, including the Mayor, receive a laptop or Surface Pro during their term. Expenses for city related business (i.e. meetings, conference attendance, League division dinners, etc.) are covered by the City pursuant to the Council Travel Policy.

F. CITY CLERK
Pursuant to Selma Municipal Code section 1-8-1, the City Clerk shall be the head of the office of the City Clerk. The City Clerk shall be appointed by the City Manager and shall, under the direction and supervision of the City Manager, plan, organize, direct and supervise the activities and staff of the City Clerk's office.

In addition to the functions, powers, and duties assigned to the City Clerk by the City Manager and other provisions of the Government Code of the State of California, the City Clerk shall:
(A) Keep an accurate record of the proceedings of the City Council in books with appropriate titles and devoted exclusively to such purposes. (B) Maintain the official records of the City Council and City, including, but not limited to, originals, and certified copies of all City ordinances, resolutions, motions, contracts, memorandum of understandings and all official actions of the City.

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3 (C) Be the custodian of the City Seal.
(D) Administer oaths or affirmations and take and certify affidavits and depositions pertaining to City affairs and business which may be used in any court or proceedings in the State.
(E) Perform all functions, powers and duties consistent with this Code, assigned by act of the City Council and as set forth in the general laws of the State.

G. CITY ATTORNEY
Pursuant to Government Code section 36505, the City Council shall appoint the City Attorney. Pursuant to Selma Municipal Code section 1-10-1, the City Attorney shall advise City Officials in all legal matters pertaining to City business; shall frame all ordinances and resolutions required by the Council; and, shall perform other legal services required from time to time by the Council.

In the event that it is deemed necessary by the City Attorney to hire either Special or Conflict Counsel to act in the place of, or in conjunction with, the City Attorney for major and significant projects or litigation, the City Attorney shall bring forth such a recommendation to the City Council for approval at a regular or special meeting and be designated to execute the necessary document to facilitate those contracts.

H. TRIANGLE OF POLICY, PROCESS & PRODUCT
The City Council establishes the Policy—establishing vision and direction for the community’s future.

The City Clerk, in consultation with the City Attorney oversees the Process— ensuring that the decision-making process complies with federal, state, and local regulation and that it is properly recorded.

The City Manager provides the Product—which is the primary reason for the existence of local government: to provide services to the taxpayer that the taxpayers cannot (or will not) provide for themselves.

I. MAYOR AS PRESIDING OFFICER AND DUTIES THERETO
The Mayor shall be recognized as the official head of the City of Selma for all ceremonial purposes and by the Governor for military purposes. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws. The Mayor shall act as the Presiding Officer at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the City Council. The Mayor may move, second, and debate from the Chair, subject to such limitations April 3, 2023 Council Packet Page 78 of 101
4 of debate as are imposed on all Council Members by these rules and shall not be deprived of any of the rights and privileges of a Council Member as such Presiding Officer. The Mayor shall possess no veto power.

The Mayor shall preserve strict order and decorum of Council meetings at all times. The Mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: The length of time persons may speak, require that, if desirable, a spokesperson address the Council on behalf of a group of persons and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents. The Mayor shall state each item coming before the City Council, and shall upon conclusion of said presentation related thereto call for the vote. Following the vote, the Mayor shall announce the results of the vote. The Mayor is eligible to vote on all motions, and shall direct the order of participation of Council Members. The Mayor shall, in all instances, have the last chance to speak. The Mayor shall sign all ordinances and resolutions adopted by the City Council during the Mayor’s presence. The Mayor shall sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.

J. MAYOR PRO TEMPORE
In the absence of the Mayor, the Mayor Pro Tempore shall possess and perform the power and duties of the Mayor. In that capacity, the Mayor Pro Tempore shall sign ordinances and resolutions adopted in his/her presence. The Mayor Pro Tempore shall also sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.

K. RULES OF PROCEDURES
The City Council shall determine its own rules of procedures and amend them from time to time, or adopt new rules as it deems necessary.

Simple Parliamentary Decorum shall govern meetings. The Mayor shall ask for a motion and a second prior to calling for a voice vote (i.e. ayes, nays, abstentions) absent an electronic voting device. In the instance of a vote on an ordinance or resolution the Mayor, absent an electronic voting device, shall ask the Clerk to poll the Council, beginning with the member who motioned, then the member who seconded and left to right thereafter, with the Mayor being polled last.

The Mayor has the right to direct the Clerk to poll the Council on any matter.

Amendment to, or adoption of, new City Council Rules shall be accomplished by majority vote of the Council.

Any Council Member may move the Mayor to enforce the rules and a majority vote of the City Council shall require the Mayor to so act. The Council may at April 3, 2023 Council Packet Page 79 of 101
5 any time by majority vote, set aside these policies for purposes of any agenda item.

L. INTERFERENCE IN STAFF FUNCTIONS
The City Council shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof, shall give orders to subordinates of the City Manager.

No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager.

The City Council shall deal with the Office of the City Attorney only through the City Attorney, except for the purpose of inquiry, and neither the City Council nor any member thereof, should give order to subordinates of the City Attorney.

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6 M. COUNCIL VOTING
A majority, also known as a simple majority, is a subset of a group that is more than half of the entire group (ex. 50% plus 1 of the members present at a given meeting.)
A two-thirds majority means that two-thirds of the members present or more must agree to the proposition. Four of a five member Council present or three of a four member Council present, constitutes a two-thirds majority.

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7 CHAPTER 2

CITY COUNCIL MEETINGS
A. REGULAR MEETINGS
Regular meetings of the City Council shall be open to the public and held on the first and third Mondays of every month, at the hour of 6:00 p.m. In the event that there is a holiday on a Monday, the regular meeting will automatically be moved to the next day (Tuesday), at the same time. In the event that a Closed Session item or items, as that term is defined in the California Government Code section 54954.5, as amended from time to time, is required, it may be agendized at a time immediately following or prior to 6:00 p.m., depending on the amount of time required for the matter and may be adjourned and/or continued at 6:00 p.m. as noted by the Mayor.

Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting may be held at the same hour on the next succeeding day, not a holiday, as if it were a regular meeting.

B. SPECIAL MEETINGS
A special meeting may be ordered at any time by the Mayor or by his/her designee whenever the public business may require it or upon the request from three members of the City Council. Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law.

C. STUDY SESSIONS
The City Council may meet in a “study session” called as a Special Meeting for the purpose of acquiring information on a particular subject(s). Study sessions shall be open to the public. Study sessions are not public hearings; however, public input will be received. The City Council may not vote or otherwise express consensus, intent, or direction and will not take any final action at a study session, unless the agenda specifically notes such action of a vote, consensus, intent or direction.

D. CLOSED SESSIONS
Consistent with Government Code Section 54954.2 the Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session.

The general subject matter for consideration shall be expressed in an open meeting before such session is held. After closed session the legislative body must reconvene to open session and is required to disclose any reportable action April 3, 2023 Council Packet Page 82 of 101
8 taken along with the vote, or announce that no reportable actions were taken, if any.

The legislative body in a closed session can consider only matters covered in its agenda descriptions. City Council Members shall keep all written materials and verbal information provided to them on matters that are confidential under law in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials should be made to anyone other than Council Members, City Attorney, or City Manager, unless one of the aforementioned is precluded or a subject thereof.

If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party should be by the designated representative handling the negotiations or litigation. Unless specifically authorized by Council’s action a Council Member should not have any contact or discussions with the other party or its representative(s) involved concerning the negotiation during this time and not communicate any discussion conducted in closed sessions. All public statements, information, press releases, should be handled by the designated representative or spokesperson.

Government Code Section 54963 (a) – (f) outlines the injunctive relief and disciplinary actions that may be imposed on those who divulge confidential closed session discussions, without first receiving authorization from the legislative body.

E. AGENDA
Prior to each council meeting, the City Manager with input from Department Heads and the City Attorney shall set the agenda, reviewing same with the Mayor. The City Clerk shall arrange such matters, including all ordinances, resolutions, reports, communications, contracts, documents or other matters as may have been timely provided, for inclusion in the agenda. Prior to agenda posting, any council member may request that the City Manager place a given item on an agenda. The Council Member shall supply the Clerk with sufficient information and description of the matter to apprise the Council and the public of the nature of the item. Upon receipt of such a request, said item shall thereafter be placed on the next available meeting agenda, unless otherwise directed by the requesting council member.

F. CALL TO ORDER
The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Mayor Pro Tempore. In the absence of the Mayor and Mayor Pro Tempore, the meeting shall be called to order by the most senior Council Member present. This person shall serve as the Council’s presiding April 3, 2023 Council Packet Page 83 of 101
9 officer until the arrival of the Mayor or Mayor Pro Tempore, or until adjournment of the meeting.

G. QUORUM
Three members of the City Council shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law, require a greater majority. All ordinances require at least three affirmative votes. All resolutions and all orders for the payment of money require a simple majority of those members present.

H. LACK OF QUORUM
If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned or if no member of the City Council is present, the City Clerk may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.

I. RECOGNITION TO SPEAK, COUNCIL MEMBER
Every Council Member desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine his or her remarks to the item coming before the City Council.

1. Interruptions:

A Council Member, once recognized, may voice concerns, comments or ask staff to provide explanation or clarification of the item before the City Council, without interruption, unless out of order with the rules and procedures established herein and/or the Mayor call the item to order.

2. Public Hearings:

Council Members should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.

J. COUNCIL MEMBERS’ OBLIGATION AFTER ABSENCE
When a Council Member is absent from an earlier meeting at which a matter was discussed, it shall be the duty of that Council Member to become acquainted with the issues discussed by reading the documents presented, reviewing the minutes from the meeting in which that item was discussed, listening to or viewing the taped recording of the meeting missed in order to further participate in future discussions and/or vote on the item.

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10 K. ADJOURNMENT OF MEETING
The Mayor shall adjourn the meeting. In the instance of the lateness of the hour the Mayor may also adjourn the meeting to a date and time specific to continue discussions on either the remainder of the agenda or on a specific item for discussion.

L. AGENDA ITEMS OUT OF ORDER
The Mayor may, with the consent of a majority of the City Council present, modify the order of the agenda at the meeting, if such modifications would promote fluidity in the process and discussions.

M. AUDIO RECORDINGS
All regular meetings (except closed sessions) of the City Council are audio recorded; as well as all special meetings, inclusive of, but not limited to study sessions, and budget sessions are recorded. Audio recordings are in digital format and are to be archived for a minimum of (7) seven years.

N. AGENDA FORMAT FOR REGULAR MEETINGS
The agenda format for the Selma City Council regular meetings may be prepared to include, but not limited to the following categories and/or sub-categories, not necessarily in the order herein reflected. The Mayor upon consensus of the majority of Council present may reorder the agenda to aide in the efficiency of the meeting:

CALL TO ORDER REGULAR SESSION

PLEDGE OF ALLEGIANCE AND INVOCATION

CITIZEN COMMENTS

SPECIAL PRESENTATIONS

CONSENT CALENDAR

GENERAL BUSINESS

PUBLIC HEARINGS

DEPARTMENTAL REPORTS

COUNCIL REPORTS/COUNCIL COMMITTEES REPORTS

ADJOURN REGULAR MEETING
O. COMPONENTS OF REGULAR MEETING
The following sections of a regular meeting agenda shall set forth the guidelines of decorum for each respective section of the agenda:

1. Citizen Comments
This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Selma City Council. The Council April 3, 2023 Council Packet Page 85 of 101
11 Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcomed. The Council cannot legally discuss or take official action on citizen request items that are introduced under this section.

This is also the time for citizens to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manger items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment.

In fairness to all who wish to speak, each speaker will be allowed three minutes, with a maximum time of 15 minutes per item, unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence.

3. Consent Calendar
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

Council Members should make every attempt possible to ask any clarifying questions regarding consent items prior the meeting.

4. Regular Business
Comments related to Regular Business Items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

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12 P. MINUTES
The City Council utilizes hybrid minutes, a blending of action and/or verbatim minutes and shall be known as “summary minutes” which include the motions made, action taken, and a brief summary of council, staff and/or public comments. The digital audio recordings shall serve as the verbatim record.

Minutes may be approved under the Consent Calendar without reading. If, however, a Council Member raises a point of correction to the minutes of a City Council meeting, that correction may be made verbally for the record with Council’s consensus of a majority present, and approved at that meeting in which it is addressed.

Q. LEGISLATIVE PROCEDURES
Generally, legislative proceedings shall be conducted in the following order:

Introduction of the item by the City Manager
Staff presentation
If applicable, Public Hearing opened by Mayor
Public Comments
If applicable, Public Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
Appeal proceedings shall be conducted in the following order:

Introduction of the item by the City Manager
Staff presentation
Hearing opened by Mayor
Appellant’s comments
Public comments
Rebuttal-Appellant comments
Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
R. APPEALS
The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved. If there are subsequent items to come before the Council that are subject to the outcome of the appeal, those items shall be listed following the item for appeal on the agenda; the decision of which shall be factored upon the Council’s decision on appeal.

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13 S. APPOINTMENTS
Appointment to the City Boards, Committees and Commissions shall be made as set forth by those specific boards, or when not set forth, appointments will be made by the Mayor and voted upon by the City Council.

T. ADDRESSING THE CITY COUNCIL

1. Speaker Time
Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit the time for individual comments. When deemed necessary, the Mayor may allocate a longer speaker time, other than what is noted on the agenda, without objection from the City Council.

Each person shall stand at the podium, if one is available, and is asked to state & spell his/her name and provide city of residence for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Mayor. No question shall be asked of a Council Member or a member of City staff except through the Mayor.

2. One Speaker at a Time
No person, other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Mayor. All discussions shall be through the Mayor, and no question shall be asked of a Council Member or City Staff except through the Mayor.

3. Questions and Comments from the Public
Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Citizen Comments.

4. Addressing the City Council after a Motion is made
No person in the audience may address the City Council after a motion is made without first securing permission from the Mayor to do so. Upon recognition by the Mayor and permission being granted by the City Council, the person so recognized shall confine him/herself to the question under discussion.

U. CONTINUED AGENDA ITEMS
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a April 3, 2023 Council Packet Page 88 of 101
14 request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, orally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made.

The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item.

The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council agrees. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.

V. PUBLIC HEARING CLOSED
Once a public hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor.

However, a public hearing may be re-opened by a majority approval by the Council to hear new information.

W. CANCELLATION OF MEETING
If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also be referenced under items of interest on the agenda for the meeting immediately preceding the canceled meeting date. All noticing of the cancelled meeting will be done by the Clerk in accordance to law.

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15 X. COUNCIL REPORTS
Council Reports is the section of the agenda in which the City Council may provide information or updates on meetings/conferences attended, complaints/concerns/praises received from constituents, announce upcoming events, present information of Council/City interest, etc. Items presented under this section cannot be acted upon at the meeting in which it is discussed; however, it may be agendized for a future meeting upon the majority approval of the City Council. Any requests for future agenda items that are not approved by a majority of the City Council will not be considered.

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16 CHAPTER 3

DECORUM
A. ENFORCEMENT OF DECORUM
The City Manager shall designate the Chief of Police, or his/her designated representative as a sergeant-at-arms when necessary to attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chambers, lobby, or other designated meeting location. Upon instructions from the Mayor, the sergeant-at-arms shall eject any person from the City Council Chambers, in conformance with State law.

B. CONDUCT IN THE CITY COUNCIL CHAMBERS

1. Council Chambers Defined
Council Chambers shall be, in addition to the usual and customary meeting location, any location or facility wherein a majority of the legislative body may meet for an open and public meeting as defined and noticed in accordance with the Brown Act, whether it be a regular meeting, special meeting, joint meeting, closed session or study session.

2. Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, and stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from the meeting per Government Code Section 54954.3(c). Any person who violates these rules engages in such disruptive behavior may be guilty of a misdemeanor. This section does not prohibit any expressions, actions or behavior that are otherwise protected by the First Amendment.

3. Rules of Conduct and Safety
When the City Council is in session, all persons present must preserve safety and order. Members of the public should sit in the seats provided, subject to ADA compliance, unless addressing the Council or entering or leaving the Council Chambers. Members of the public shall not block the aisles or exits in any manner. Members of the public should not bring audible equipment into the Council Chambers, including cellular phones or pagers, without first either turning said equipment off or switching it to a silent mode.

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17 4. Removal from the Council Chambers
Subject to provisions of Section 2 above, any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Government Code Section 54954.3(c). (a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; and,
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; and,
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City Council; and,
(d) Any other unlawful interference with the due and orderly course of said meeting.

5. Cell Phones
In order to minimize interference to audio recording equipment during a City Council cell phones shall be turned off or at minimum placed on silent during all meetings.

6. Media Equipment - Broadcast, News, Photograph, Print, Published, Recording, Video
The use of media equipment that enables recording of an open and public meeting is permissible, absent a reasonable finding by the legislative body that the use of said equipment presents a persistent disruption (noise, illumination, obstruction of view or pathway) to the proceedings or to the other members of the audience.

In the event that use of media equipment is disruptive, the Presiding Officer may first seek to remedy the disturbance with the equipment operator, asking that the device, whether it is noise, illumination, obstruction of view or pathway, be silenced, turned off, moved or removed from the area in question.

If the equipment operator refuses to make such accommodations the Mayor, by a reasonable finding of the legislative body, may determine that such use is a persistent disruption and bar the use of said equipment, illumination device and/or restrict the equipment operator from setting up at a particular location within the Council Chambers/meeting location.

C. COURTESY

1. Council Members
Council Members shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall April 3, 2023 Council Packet Page 92 of 101
18 refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statement as to motives and personalities.

2. City Employees
Employees of the City shall observe the same rules of order and decorum applicable to the City Council.

3. Public Speakers
Members of the public have the right to attend City Council meetings and to address the City Council on specific agenda items and under the Citizen’s Comments section of the agenda. The right of members of the public to address the City Council includes their right to criticize the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council and members of the City Council.

While the City Council meeting is in session, all persons must preserve order and decorum. A person who addresses the City Council under a specific agenda item or under Citizen’s Comments section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.

The Mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If, after receiving such a warning, the person persists in breaching the rules of decorum, the Mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the Mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the Mayor or presiding officer may direct the City Manager to contact law enforcement.

4. Appointed members of Boards, Commissions and Committees Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.

D. NOISE IN THE LOBBY
Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.

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19 E. CROWD CONTROL IN COUNCIL CHAMBERS
If the City Manager, or the City Manager’s designee, anticipates in advance a crowd larger than the maximum number of attendees allowed in the City Council Chambers, he/she meet with the Mayor and discuss alternatives for accommodation of the potential number of people in excess of that allowable at the location.

F. SMOKING
It is unlawful for any person to smoke in the City Council Chambers.

G. FOOD & DRINK
No food or drinks, other than bottled water, may be brought in by the public into the audience seating area of the City Council Chambers.

H. DISTRIBUTION OF LITERATURE AND OTHER MATERIALS IN CITY

COUNCIL CHAMBERS
No person, other than City staff, shall distribute flyers, leaflets, placards or other literature or circulate any petition within the City Council Chambers.

Flyers, leaflets, placards or literature may only be distributed to the Council by a member of the public under Citizen’s Comments, or by a project applicant/appellant pertaining to City business as may be referenced on the agenda, by approaching the City Clerk and requesting such material be distributed on their behalf.

Such other literature may only be displayed or distributed outside the City Council Chambers area.

April 3, 2023 Council Packet Page 94 of 101
20 CHAPTER 4

PROCEDURAL RULES
A. RULES OF ORDER
The City Council shall determine its own rules of order and amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council procedures shall be accomplished by a majority vote.

B. RULES OF DISCUSSION

1. Withdrawal of Motion
A motion may not be withdrawn by the maker of the motion without the consent of the Council Member who seconded the motion.

2. Voting
The City Council, in the absence of an electronic voting device, votes by “voice vote” on all matters before it, unless a roll call vote is required by law or is requested by the Mayor. Silence shall be recorded as an affirmative vote, unless recusal is required by law, in which case silence shall be recorded as a recusal and the reason for such recusal must be publicly stated by the Council Member or if requested the City Attorney.

The Presiding Officer shall announce the results of the vote. The City Clerk shall show on ordinances and resolutions, the names of Council Members and their respective votes.

3. Failure to Vote
Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Council Member to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Council Member who fails to vote shall nonetheless be counted toward making up a quorum, unless otherwise required by State law.

4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification
A Member of the City Council who abstains determines not to vote “yes” or “no”. A vote to “abstain” except for an identified legal disqualification shall be counted as an affirmative vote. A Council Member shall state a reason for abstaining prior to doing so; failure to do so will constitute the same action as silence or failure to vote. A Council Member who abstains from voting for other than an identified legal disqualification shall nonetheless be counted toward making up a quorum.

April 3, 2023 Council Packet Page 95 of 101
21 5. Abstention/Recuse: Conflict of Interest
Council Members shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote. Council Members shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstaining Council Member shall leave the Council dais and the Council Chambers until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.

Further requirement on abstention and absence from the Chambers may be imposed by State law.

It should be noted; however, a Council Member may speak during public comment or as part of a public hearing process, on his/her own behalf – as opposed to on behalf of someone else or on behalf of, or in his/her role as a Council Member – on a matter that directly affects his/her financial interest even when conflicted out. Thus, while a Council Member would have to disqualify him/herself on a matter affecting a piece of property in which the Council Member has a financial interest, he/she could address the Council, speaking to what the impact would be to his/her property.

Any Council Member who chooses to speak on item as an individual resident, that he/she are legally disqualified from participating as a Council Member, shall do so at their own risk and subject to any consequences from FPPC.

6. Tie Votes
When one Council Member is absent and a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter shall be automatically continued to the next Council meeting when it is reasonably known that all Council Members will be present, provided that this rule shall not apply to matters involving the appellate jurisdiction of the City Council or when the absence of a Council Member is due to a disqualification for a conflict of interest. The City Council exercises “appellate jurisdiction” when it considers matters in which a subordinate body such as the Planning Commission could, but for an appeal to the City Council, confer final approval. In these instances a tie vote constitutes a non-action, which is a denial of the appeal.

7. Motion for Reconsideration.

Upon final vote by the Council of any agenda item, a motion for reconsideration may be made but only during the Council meeting wherein the agenda item was approved. Any motion made after the close of the Council meeting is untimely. The motion for reconsideration is allowed by a member of Council that voted as part of the majority of the original motion. The motion may be seconded by any member of Council. If the April 3, 2023 Council Packet Page 96 of 101
22 motion to reconsider passes, then a member of Council may make a new motion related to the same item.

C. COUNCIL DAIS
The City Council seating area, most commonly referred to as the Council Dais is restricted to Council and City Staff at all times. Loitering or the dissemination of materials are not permitted in the area directly in front of the City Council seating area, commonly referred to as the well. Written or photographic materials are to be handed to the City Clerk for dissemination to the Council, and made part of the record.

April 3, 2023 Council Packet Page 97 of 101
23 CHAPTER 5

ADMINISTRATIVE RULES
A. PURCHASE BY CONTRACT OR IN THE OPEN MARKET
When the expenditure required for the purchase of any supplies exceeds the sum established by a policy through a resolution adopted by the City Council, the Purchasing Agent shall advertise for sealed proposals in the manner hereinafter prescribed for proposals for public work and the contract shall be awarded by the Council to the lowest responsible bidder, provided that the Council may reject all bids and order the Purchasing Agent to buy in the open market at a price less than the lowest bid received from a responsible bidder, and provided that if no bids are received, the Council may order the Purchasing Agent to buy in the open market. Until the Council shall otherwise provide by Ordinance, the Finance Director shall act as Purchasing Agent.

B. PUBLIC WORKS TO BE DONE BY CONTRACT
All public buildings and work, when the expenditure therefor shall exceed the sum established by a policy through a resolution adopted by the City Council, shall be done by contract, and shall be let to the lowest responsible bidder, after advertising one (1) time in a daily newspaper of general circulation, for sealed proposals for the work contemplated. Provided, that the Council may reject any and all bids, if deemed excessive, and re-advertise for bids to provide for the work to be done by the Department of Public Works.

C. EXECUTION OF DOCUMENTS

1. Ordinances, Resolutions and Ceremonial Certificates
The Mayor as Presiding Officer or in his absence the Mayor Pro Tempore shall execute all Ordinances and Resolutions. Ceremonial Resolutions, Proclamations and Certificates will be, whenever possible, executed by the entire City Council.

2. Contracts for Supplies, Public Buildings and Work
All contracts for supplies, public buildings and work shall be approved as to form by the City Attorney, shall be signed by the Mayor or in his absence the Mayor Pro Tempore, and attested to by the City Clerk.

3. Agreements, Contracts, Addendums, Change Orders, Memorandums of Understanding for Administrative, Managerial or Professional Services or Programs That Only Require Administrative Approval Pursuant to the City’s Purchasing Policy all agreements, contracts, or memorandums of understanding for administrative, managerial or professional services or programs that are permitted to be administratively April 3, 2023 Council Packet Page 98 of 101
24 approved, shall be approved as to form by the City Attorney, and shall be signed by the City Manager, or his/her designee, and attested to by the City Clerk.

4. Acting City Manager Designation
In that the City Manager is required or permitted to be away from the City from time to time, due to conferences, training, business trips, vacations, etc., the City Manager has the authority to use discretion in selecting and designating an Acting City Manager to carry out the ministerial duties for the duration of his/her absence as set forth in the Acting City Manager Designation Form. Such designee shall be an Employee of the City.

D. COUNCIL ADMINISTRATIVE SUPPORT

1. Mail – All general mail is opened, date stamped and routed to the addressee.

2. Letters Addressed to Mayor and/or City Council Members – All letters addressed to the Mayor and/or City Council Members requiring a response from staff are copied to the City Manager. If so directed by Council, a copy of the responses mailed, along with the original letters will be provided to each Council Member.

Letters addressed to the Mayor and/or City Council members that do not require a response, but provide information on Council agenda items or like matters will be copied to the full Council.

Mail pertaining to specific meetings where an individual Council Member is the appointed representative of the Council is opened, said mail will be distributed to that Council Member and not copied to the full Council.

3. Council Correspondence – All Council Members correspondence written with City resources (letterhead, typing, staff report, postage, etc.) will reflect the position of the full Council, not individual Council Member’s positions. All Council Member correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence.

4. Clerical Support – The City Manager’s/City Clerk’s Office will coordinate the typing of correspondence requested by individual Council Members for communications reflecting the position of the full Council. All correspondence typed for Council Member will be on City letterhead and will reflect the position of the full Council, not individual Council Member and will be copied to the full Council.

April 3, 2023 Council Packet Page 99 of 101
25 5. Council Notification of Significant Incidents – In conjunction with the City public safety departments, the City Manager’s Office will report on significant incidents immediately once known.

E. RULES AND PROCEDURES ADMINISTRATION

1. Review of City Council Rules and Procedures – The Council will review and revise the Handbook of Rules and Procedures as needed.

2. Adherence to Rules and Procedures – During City Council discussions, deliberations and proceedings, the Mayor has been delegated the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council’s adopted protocol.

3. City Attorney as Rules and Procedures Advisor – At the behest of the full Council, the City Manager may be directed to confer with the City Attorney in interpreting the City Council’s adopted Rules and Procedures and proposed changes.

4. Adherences to Administrative Procedure and Process of Rules and Procedures – The Council has delegated the City Manager responsibility to discuss, on behalf of the full Council, any perceived or inappropriate administrative action with a Council Member. The City Manager will discuss with the Council Member the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Manager will report the concern to the full Council.

5. Applicability of Rules and Procedures – The City of Selma City Council Handbook of Rules and Procedures shall also apply to all Board, Commissions and/or Committees as established by the City Council.

F. CONFLICT WITH CITY MUNICIPAL CODE, CITY PROCUREMENT

POLICIES, ADMINISTRATION POLICIES, STATE OR FEDERAL LAW If there is any conflict contained hereinabove with the City Municipal Code, City Procurement Policies, Administration Policies, State or Federal Law, such laws shall prevail over the provisions contained within this Handbook.

April 3, 2023 Council Packet Page 100 of 101
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: April 3, 2023
__________________________________________________________________________ ITEM NO: 10.

SUBJECT: Consideration of Proposed Schedule for the City Council Budget Workshop Meeting
______________________________________________________________________________ DISCUSSION: As part of the Fiscal Year 2023-2024 Budget process, City Staff is proposing to schedule a budget workshop for Friday, April 14, 2023 from 10:00 a.m. to 12:00 p.m.

If there are scheduling conflicts, staff is requesting Council consensus on a suitable day and time for the budget workshop meeting.

FISCAL IMPACT: N/A
______________________________________________________________________________ RECOMMENDATION: City Staff is requesting Council Consensus to schedule the 2023/2024 Fiscal Year Budget Workshop.
______________________________________________________________________________

_____/s/________________________________________ __3/30/2023___ Reyna Rivera, City Clerk Date
_____/s/________________________________________ __3/30/2023___ Fernando Santillan, City Manager Date
April 3, 2023 Council Packet Page 101 of 101

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