Activities planned for the month of October
2021
Roofing to be installed
Radio Tower to be installed
Rough in electrical continues/finishes
Rough in plumbing continues/finishes
Rough in mechanical continues/finishes
Apparatus Bay Doors install
Site electrical ongoing
Exterior finish to begin
NEXT 30 DAYS
SIGNIFICANT DEVELOPMENTS
MONTHLY SUMMARY
1. The low level site and water issue on the site has
been resolved. Seals has yet to provide a PCO for
the added work. Seals provided the PCO for the
work. The City is reviewing.
2. There are three (3) utilities (PG&E (Gas), AT&T
(Fiber/Copper), and Comcast (Cable) that are not in
close proximity to the project site. All three are in
Leonard Ave. The City is putting together the documents from the entities for bidding purposes. JTS will be under Seals and will perform the work starting in the month of September.
SAFETY
227 days worked without a recordable incident.
Seals to hold weekly safety meetings.
QUALITY
Currently there is one outstanding “non-compliance”
issue—steel I beam minor bend. The I-beam in the
apparatus bay is slightly not plumb. The beam has
been inspected by the structural engineer and is structurally sound. Seals to provide added foam or insulation on the roof to remove any low point on roof.
July 15, 2024 Council Packet Page 334
84 City of Selma, New Selma Fire Station Building, Project #22-0531
CONSTRUCTION CONTRACT SUMMARY CONTRACT PAYMENTS
ORIGINAL CURRENT
Contract Amount $5,308,040 $5,315,989.49
Contract Start Date February 16,
2021
February 16,
2021
Contract Completion February 16,
2022
February 16,
2022
Duration 365 365
Value % Complete - 53.56%
Time Elapsed / % 226/ 61.92% 226/61.92%
Time Remaining / % 165/ 45.21% 165/ 45.21%
CASH FLOW
Number of Payments: 6 50%
Earned to Date: $ 2,847,516.29 53.56%
Remaining Balance: $ 2,468,473.20 46.43%
$-
$250,000
$500,000
$750,000
$1,000,000
$1,250,000
$1,500,000
$1,750,000
$2,000,000
$2,250,000
$2,500,000
$2,750,000
$3,000,000
$3,250,000
$3,500,000
$3,750,000
$4,000,000
$4,250,000
$4,500,000
$4,750,000
$5,000,000
Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Projected Pmnts $250,000 $311,570 $300,000 $400,000 $400,000 $600,000 $865,550 $600,000 $400,000 $400,000 $400,000 $350,000 $288,869 Actual Payments $- $520,264 $660,580 $660,579 $397,049 $304,741 $435,455 Projected Cash Flow $250,000 $311,570 $611,570 $1,011,57 $1,411,57 $2,011,57 $2,877,12 $3,477,12 $3,877,12 $4,277,12 $4,677,12 $5,027,12 $5,315,98 Actual Cash Flow $- $520,264 $1,180,84 $1,841,42 $2,238,47 $2,543,21 $2,978,66 July 15, 2024 Council Packet Page 335
85 City of Selma, New Selma Fire Station Building, Project #22-0531
REQUESTS FOR INFORMATION
Total RFI Count 147
Total Responded 147
Total Outstanding 0
Average Turnaround Time 3.78 Days
SUBMITTALS
Total Required 150 100%
Total Submitted 140 93.33% (of Required)
Not Submitted 10 6.7%
Accepted 140 93.3% (of Submitted)
Rejected/Revise 8 5.7% (of Submitted)
Under Review 0 0% (of Submitted)
Avg. Turnaround Time 11.8 Calendar Days
CHANGE MANAGEMENT SUMMARY CHANGE MANAGEMENT SUMMARY
Open Proposed Change Orders Open Cls Value ($)
Contract Document (E&O’s) 2 $(1,208.50) 0
Owner Request 2 $59,395.46 0
Unforeseen Conditions 1 $57,806.44 0
Value Engineering - -
Total Open PCO’s 9 5 $130,623.73
Closed Proposed Change Orders
Contract Document (E&O’s) - $2,974.68 2
Owner Request - $4,974.81 2
Unforeseen Conditions -
Value Engineering -
Allowance Credit -
Total $130,623.73
Contract Exposure Items PCO’s Value ($)
Allowance Bid Items N/A N/A
Total Open PCO’s (Under Review
and/or approved)
8 $130623.73
Misc. Various Other ADD/Deduct -
Approved Change Orders 02
Contract Document (E&O’s) 2 $2,974.68
Owner Request 2 $4,974.81
Unforeseen Conditions
Value Engineering
Allowance Credit
Total Combined CO’s Amount 2 $248,969.13
Contingency Add frm Const. Cost
July 15, 2024 Council Packet Page 336
86 City of Selma, New Selma Fire Station Building, Project #22-0531 Plaster work at high roof has begun
CMU block fence being constructed
Roofing preperation is ongoing CMU block fence at patio being constructed Roofing Material being loaded on Roof Perimeter CMU fence being constructed EIFS System install begins North facing view of Fire Station July 15, 2024 Council Packet Page 337
87 City of Selma, New Selma Fire Station Building, Project #22-0531
Vantage Point 1
Vantage Point 3
Vantage Point 2
Vantage Point 4
Vantage Point 5
July 15, 2024 Council Packet Page 338
88 City of Selma, New Selma Fire Station Building, Project #22-0531
Photo Vantage Points by Number
July 15, 2024 Council Packet Page 339
City of Selma, New Selma Fire Station Building, Project #22-0531 89
ATTACHED SEPARATELY
4.8 | Fee Proposal
SECTION 4.8
Fee Proposal
July 15, 2024 Council Packet Page 340
2444 Main Street, Suite 130
Fresno, CA 93721
T 559-496-0536
F 559-860-0173
Solutions
for Success
July 15, 2024 Council Packet Page 341
Solutions
for Success
Construction Management with Master Architectural Services for the City of Selma, New Fire Station No. 3 Project
Fee Proposal
April 24th, 2024
July 15, 2024 Council Packet Page 342
City of Selma, New Selma Fire Station Building, Project #22-0531 2
4.8 | Fee Proposal
Phase #1
PRE-CONSTRUCTION PHASE (11 MONTHS) *SEE ATTACHMENT 2 FOR A DETAILED BREAKDOWN Base Proposal Design Services
Project Verification $12,820.00 $82,500.00
Bridging Documents $12,820.00 $115,842.50
DBE PreQualifications & Selections $44,870.00 $61,285.00 Reimbursables Year #1 (Web-MS) $15,000.00 -
Pre-Construction Subtotal $85,510.00 $259,627.50
PHASE 1 TOTAL $85,510.00 $259,627.50
Bid/Award Sub-Phase
Pre-Qualification Process Included Above
Bid Solicitation/Marketing Included Above
Pre-bid Conference Included Above
Bidder Questions Included Above
Addenda Assistance Included above Included Above
Bid Opening & Evaluation Included Above
SECTION 4.8
Fee Proposal
July 15, 2024 Council Packet Page 343
City of Selma, New Selma Fire Station Building, Project #22-0531 3 SECTION 4.8
Fee Proposal
4.8 | Fee Proposal
Phase #2
CONSTRUCTION PHASE (15 MONTHS) *SEE ATTACHMENT 3 FOR A DETAILED BREAKDOWN Base Proposal Design Services
DBE Final CD’s $207,835.00 $54,610.00
Construction $250,355.00 $42,940.00
Reimbursables Costs (other) $15,0000 $10,000.00
Reimbursables Year #2 (Web-MS) $15,000.00 -
Construction Subtotal $488,190.00 $97,550.00
Phase #2
CLOSEOUT PHASE (2 MONTHS) *SEE ATTACHMENT 4 FOR A DETAILED BREAKDOWN Base Proposal Design Services
Close Out $16,970.00 $13,900.00
Reimbursables $500.00 -
Closeout Subtotal $17,470.00 $13,900.00
Phase 2 Total $505,660.00 $111,450.00
TOTAL PHASE 1/ PHASE 2 $591,170.00 $371,077.50
July 15, 2024 Council Packet Page 344
City of Selma, New Selma Fire Station Building, Project #22-0531 4 SECTION 4.8
Fee Proposal
4.8 | Fee Proposal
TOTAL FEE BY SERVICES
Base Proposal Design Services Attachment
Pre-Construction Project Management $70,510.00 $259,627.50 #2 Construction Management during DBE Final Design $207,835.00 $54,610.00 #2 Construction Management $250,355.00 $42,940.00 #3
Closeout $17,470.00 $13,900.00 #4
Reimbursables $45,000.00 $10,000.00 -
Grand Total by Service $591,170.00 $381,077.50
Vanir Consultant Markup (5%) $19,053.88
GRAND TOTAL PHASE 1 & 2 $991,301.38
July 15, 2024 Council Packet Page 345
5 City of Selma, New Selma Fire Station Building, Project #22-0531 ATTACHMENT #2
JUNE 2024 JULY 2024 AUG 2024 SEPT 2024 OCT 2024 NOV 2024 DEC 2024 JAN 2025 FEB 2025 MAR 2025 APR 2025 Phase 1 | Pre-construction Fee Schedule
POSITION RATE PROG. VERIFICATION BRIDG. DOCS DBE PREQUALIFICATIONS AND SELECTION TOTAL HOURS TOTAL COST Principal-in-Charge $265 2 2 2 2 2 2 2 2 2 2 2 22 $5.830.00 Project Director $245 24 24 24 24 24 24 24 24 24 24 24 264 $65,680.00 Senior Construction Manager $195 0 -
Inspector $165 0 -
Document Control Admin. $100 0 -
Estimator $175 0 -
Constuctability Reviewer $180 0 -
Scheduler $175
TOTAL COST $6,410 $6,410 $6,410 $6,410 $6,410 $6,410 $6,410 $6,410 $6,410 $6,410 $6,410 286 $70, 510.00 Preconstruction Phase
CONSTRUCTION PHASE VANIR RRM
Program Verification $12,820.00 $84,710.00
Bridging Documents $12,820.00 $115,842.00
DBE Pre-Qualifications/Selection $44,870.00 $61,286.00
Reimbursables Year 1 (Web-MS) $15,000.00 -
SUBTOTAL $85,510.00 $261,837.50
July 15, 2024 Council Packet Page 346
6 City of Selma, New Selma Fire Station Building, Project #22-0531 Construction Phase
CONSTRUCTION PHASE VANIR RRM
DBE Final CD’s $207,835.00 $54,610.00
Construction $250,355.00 $42,940.00
Reimbursable Costs (other) $15,000.00 $10,000.00
Reimbursable Year #2 (Web-MS) $15,000.00 -
TOTAL $488,190.00 $107,550.00
Construction Phase
CONSTRUCTION PHASE VANIR RRM
Close Out $16,970.00 $13,900.00
Reimbursables $500.00 -
TOTAL $17,470.00 $13,900.00
ATTACHMENT #3
ATTACHMENT #4
MAY 2025 JUN 2025 JUL 2025 AUG 2025 SEPT 2025 OCT 2025 NOV 2025 DEC 2025 JAN 2026 FEB 2026 MAR 2026 APR 2026 MAY 2026 JUNE 2026 Phase 2 | Construction Phase Costs - Construction Management POSITION RATE DBE FINAL CONSTRUCTION DOCUMENTS (CD’S) CONSTRUCTION TOTAL HOURS TOTAL COST Principal-in-Charge $265 2 2 2 2 2 2 2 2 2 2 2 2 2 2 28 $7,420.00 Project Director $245 24 24 24 24 24 24 24 24 24 24 24 24 24 24 203 $49,735.00 Senior Construction Manager $195 25 1,983 $386,685.00
Inspector $165 0 -
Document Control Admin. $100 2 2 2 2 2 2 2 2 2 2 2 2 2 2 28 $2,800.00 Scheduler $175 6 6 6 6 6 6 6 6 6 6 6 66 $11,550.00
TOTAL COST $11,485 $11,485 $23,185 $40,420 $40,420 $40,420 $40,420 $37,765 $37,765 $37,765 $37,765 $37,765 $37,765 $37,765 2,308 $458,190.00 JUL 2026 AUG 2026 SEPT 2026 OCT 2026 NOV 2026 DEC 2026 JAN 2027 FEB 2027 Phase 2 | Closeout Phase Costs - Construction Management
POSITION RATE CLOSEOUT MOVE-IN TOTAL HOURS TOTAL COST
Principal-in-Charge $265 0 -
Project Director $245 2 2 $490.00
Senior Construction Manager $195 84 84 $16,380.00
Inspector $165 0 -
Document Control Admin. $100 1 1 $100.00
Scheduler $175 0 -
TOTAL COST $16,970 $0 $0 $0 $0 $0 $0 $0 87 $16,970.00
July 15, 2024 Council Packet Page 347
2444 Main Street, Suite 130
Fresno, CA 93721
T 559-496-0536
F 559-860-0173
Solutions
for Success
July 15, 2024 Council Packet Page 348
July 15, 2024
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: ___________________
ITEM NO: 4.
SUBJECT: Discussion and Direction Regarding Amendments to the Council Handbook DISCUSSION: On June 19, 2023, the City Council approved the adoption of a City Council Handbook.
At the June 17th, 2024 City Council Meeting, Mayor Scott Robertson requested a future agenda item to discuss potential amendments to the Council Handbook.
FISCAL IMPACT: There is no fiscal impact with this item.
RECOMMENDATION: Staff Recommends Council Discuss and Provide Direction to Staff Regarding Amendments to the Council Handbook.
_______/s/________________________ July 11, 2024______________ Megan Crouch, City Attorney Date
July 15, 2024 Council Packet Page 349
HANDBOOK OF
RULES AND
PROCEDURES
SELMA CITY
COUNCIL
July 15, 2024 Council Packet Page 350
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 June 19, 2023
Resolution 2023-54R
July 15, 2024 Council Packet Page 351
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.
July 15, 2024 Council Packet Page 352
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
The Selma Municipal Code provides that 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, July 15, 2024 Council Packet Page 353
3 motions, contracts, memorandum of understandings and all official actions of the City.
(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 July 15, 2024 Council Packet Page 354
4 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 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.
July 15, 2024 Council Packet Page 355
5 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 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.
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.
July 15, 2024 Council Packet Page 356
6 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 or by a majority of the City Council 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 July 15, 2024 Council Packet Page 357
7 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, if the Mayor so wishes. 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 under future items to determine whether there is a consensus from the Council to proceed with a discussion on the requested agenda item at a future meeting .
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 July 15, 2024 Council Packet Page 358
8 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 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 July 15, 2024 Council Packet Page 359
9 taped recording of the meeting missed in order to further participate in future discussions and/or vote on the item.
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 video recorded with audio; as well as all special meetings, inclusive of, but not limited to study sessions, and budget sessions are recorded. 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
ORAL COMMUNICATIONS
SPECIAL PRESENTATIONS
CONSENT CALENDAR
GENERAL BUSINESS
PUBLIC HEARINGS
DEPARTMENTAL REPORTS
COUNCIL REPORTS/COUNCIL COMMITTEES REPORTS
FUTURE AGENDA ITEMS
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:
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10 1. Oral Communications
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 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 manager 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 unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence.
Additionally, there are citizen comments slips at the entrance to Council Chambers for citizens to fill out. If you are able, please fill out a slip and provide to the City Clerk if you would like to make a public comment.
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 unless otherwise extended by the Council.
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11 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 video recordings with audio 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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12 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 his/her name and provide address 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. Further, all Council Members should refrain from any side conversations during the meeting.
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
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13 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 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.
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.
July 15, 2024 Council Packet Page 364
14 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.
July 15, 2024 Council Packet Page 365
15 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 July 15, 2024 Council Packet Page 366
16 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.
Failure of Council Members to abide by the above can result in censure, removal from the meeting, as well as any other consequences that are deemed appropriate by a Majority of the Council.
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
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17 Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.
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.
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18 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.
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19 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 July 15, 2024 Council Packet Page 370
20 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.
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21 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 July 15, 2024 Council Packet Page 372
22 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 Office will coordinate with the City Clerk 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.
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23 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.
July 15, 2024 Council Packet Page 374
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:
ITEM NO: 5.
SUBJECT: Consideration of a Resolution Confirming Report from the Code Enforcement Division on Delinquent Parcels for Administrative Citations and Certification to the 2024-25 Fresno County Tax Roll DISCUSSION: Throughout the fiscal year, the City of Selma inspects properties within the City limits for the purpose of identifying potential nuisance abatements. Subsequently, the City issues notifications to property owners on each parcel determined to be in violation of public health, safety and welfare according to Selma Municipal Code 1-20-6 regarding Issuance of Administrative Citation(s). Notifications are mailed to property owners via US Mail based on property ownership information contained in the current property assessment roll, as maintained by the Fresno County Assessor and Tax Collector.
Each property owner has a specified period of time from the date of notice to abate the nuisance on the property. If a property owner does not address or respond to the discrepancies noted on their notice within the required time period, the City will issue an Administrative Citation. The entire procedure is contained in Title I Chapter 20 of the City of Selma Municipal Code.
Those properties that required nuisances to be abated in previous fiscal years and which have not paid the citation amount are as follows:
APN Property Owner Total Due
388-122-15 Tani Avila 300.00
389-202-05 Jenaro Zaragoza Castillo & Josefina Rosales 100.00 390-082-15 Cirilo Barrita 200.00
388-076-03 Gerson & Jose Batres 300.00
389-171-21 Parminder Singh & Tejwant Kaur 100.00
393-102-21 Nour Khalid Dablan 1,000.00
389-193-04 Nachatar S. Dhaliwal 100.00
389-193-06 Samuel A Eknoian 100.00
358-422-12 Natalia & Jose Farias 1,000.00
388-081-19 Jose L Fuentes 300.00
358-521-45 Hargit S. Gill 100.00
358-472-12S Irebertha C Jensen 100.00
388-083-11 Mander Properties LLC 100.00
358-442-22 Martin & Jacklyn M Martinez 1,000.00
358-660-07 Edgar & Priscilla Moreno 500.00
389-171-02 Gabriel Moreno Jr. 100.00
388-141-14 Plastic 1031 LLC 100.00
389-193-06 Samuel A Eknoian 100.00
358-511-45S Joe L & Diana Ramos 1,000.00
388-102-06 Louis & Pauline Reyes 100.00
388-243-18 Gilbert Rodriguez 100.00
389-243-09 Sal & Tony Rentals LLC 100.00
July 15, 2024
July 15, 2024 Council Packet Page 375
388-193-09 Oscar I Cobian-Corona & Cindy Cobian 300.00
388-122-06 Selma Community Outreach Ministries 100.00
358-597-01S Rupinderjit Singh 1,000.00
390-242-11 Nagra Family Trust 1,000.00
358-120-32 Dwight B Strader 200.00
390-071-01 Lupe Z Velasco 200.00
390-071-01 Lupe Z Velasco 400.00
389-172-12 Van & Kroeze LLC 100.00
389-172-12 Van & Kroeze LLC 200.00
388-121-02 Delbert Pete Williams 300.00
388-121-02 Delbert Pete Williams 600.00
388-133-01 John Zapata 500.00
389-055-07 Monroy Esquivel 100.00
358-511-40S Hardev S. Nagra 100.00
389-205-07 Anthonio Lucatero 100.00
358-472-17S Maria R. & Elizabeth Tinoco 200.00
358-551-12 Jaime Torres 100.00
388-030-26 Jasbinder Singh Rai 100.00
388-064-18 Matias Leo Vasquez 100.00
389-222-20 Michael Stanton 100.00
389-222-20 Michael Stanton 200.00
All charges that have not been paid by August 1, 2024 will be assessed on the 2024-25 tax roll. The Finance Department may receive the amount due any time after the confirmation of the report and until August 1, 2024.
RECOMMENDATION: Conduct a Public Hearing and Adopt the Attached Resolution Approving the Report from the Code Enforcement Division on Delinquent Parcels for Administrative Citations and Related Actions.
_______/s/___________________________ July 3, 2024______ Jacob Del Cid, Finance Manager Date
_______/s/___________________________ July 3, 2024______ Fernando Santillan, City Manager Date
July 15, 2024 Council Packet Page 376
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SELMA, CALIFORNIA DECLARING PROPERTIES LOCATED IN
THE CITY IN VIOLATION OF ADMINISTRATIVE CITATIONS
WHEREAS, pursuant to Section 1-20-10 of the Selma City Municipal Code (Code), the Code Enforcement Officer has investigated properties and found violations on certain parcels of private property in the City of Selma, more particularly identified in the attached report of the Code Enforcement Officer; and
WHEREAS, the City has issued Administrations Citations for violations; and WHEREAS, the Code Enforcement Officer has notified each property owner of the fine of said violation, and the time and place when the City Council (Council) will hear and consider the report of the Code Enforcement Officer; and WHEREAS, on July 15, 2024, the Council read and considered the report of the Code Enforcement Officer, invited and heard all public testimony regarding said report, and considered the assessment of charges for the administrative citations and good cause appearing.
NOW, THEREFORE, it is hereby ordered and resolved as follows:
1. The report of the Code Enforcement Officer, a copy of same being attached hereto as Exhibit A, and made a part hereof through incorporation by reference, is confirmed and approved.
2. The respective costs of violation for each parcel are declared a lien against said parcel and the City Clerk shall certify such assessment to the Fresno County Assessor and Tax Collector.
3. The City Clerk is directed to send a certified copy of this Resolution and the attached report to the Fresno County Auditor-Controller on or before August 10th of this year.
The foregoing Resolution was approved at a regular meeting of the Selma City Council on the 15
st day of July, 2024, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
______________________________
ATTEST: Scott Robertson, Mayor
______________________________
Reyna Rivera, City Clerk
RESOLUTION NO. 2024 –
July 15, 2024 Council Packet Page 377
Exhibit A
APN Property Owner Total Due
388-122-15 Tani Avila 300.00
389-202-05 Jenaro Zaragoza Castillo & Josefina Rosales 100.00 390-082-15 Cirilo Barrita 200.00
388-076-03 Gerson & Jose Batres 300.00
389-171-21 Parminder Singh & Tejwant Kaur 100.00
393-102-21 Nour Khalid Dablan 1,000.00
389-193-04 Nachatar S. Dhaliwal 100.00
389-193-06 Samuel A Eknoian 100.00
358-422-12 Natalia & Jose Farias 1,000.00
388-081-19 Jose L Fuentes 300.00
358-521-45 Hargit S. Gill 100.00
358-472-12S Irebertha C Jensen 100.00
388-083-11 Mander Properties LLC 100.00
358-442-22 Martin & Jacklyn M Martinez 1,000.00
358-660-07 Edgar & Priscilla Moreno 500.00
389-171-02 Gabriel Moreno Jr. 100.00
388-141-14 Plastic 1031 LLC 100.00
389-193-06 Samuel A Eknoian 100.00
358-511-45S Joe L & Diana Ramos 1,000.00
388-102-06 Louis & Pauline Reyes 100.00
388-243-18 Gilbert Rodriguez 100.00
389-243-09 Sal & Tony Rentals LLC 100.00
388-193-09 Oscar I Cobian-Corona & Cindy Cobian 300.00
388-122-06 Selma Community Outreach Ministries 100.00
358-597-01S Rupinderjit Singh 1,000.00
390-242-11 Nagra Family Trust 1,000.00
358-120-32 Dwight B Strader 200.00
390-071-01 Lupe Z Velasco 200.00
390-071-01 Lupe Z Velasco 400.00
389-172-12 Van & Kroeze LLC 100.00
389-172-12 Van & Kroeze LLC 200.00
388-121-02 Delbert Pete Williams 300.00
388-121-02 Delbert Pete Williams 600.00
388-133-01 John Zapata 500.00
389-055-07 Monroy Esquivel 100.00
358-511-40S Hardev S. Nagra 100.00
389-205-07 Anthonio Lucatero 100.00
358-472-17S Maria R. & Elizabeth Tinoco 200.00
358-551-12 Jaime Torres 100.00
388-030-26 Jasbinder Singh Rai 100.00
388-064-18 Matias Leo Vasquez 100.00
389-222-20 Michael Stanton 100.00
389-222-20 Michael Stanton 200.00
July 15, 2024 Council Packet Page 378
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:
ITEM NO: 6.
SUBJECT: Consideration of a Resolution Confirming Report of the Environmental Control Officer on Delinquent Parcels for the Cost of Removal of Structures, Weeds, Rubbish, Refuse, Dirt, etc. and Sidewalk Repair to the 2024-25 Fresno County Tax Roll
DISCUSSION: Throughout the fiscal year, the City of Selma inspects property within the City limits for the purpose of nuisance abatement. The City posts notices on each parcel identified as being in violation of the City’s Ordinance and mails the same notice to the property owner(s) of each parcel based on the most current assessment roll data.
Each property owner has two weeks from the date of posting to clean or maintain their property. If a property owner does not respond to those discrepancies as noted on their Notice within the prescribed period of time, the City takes action to abate the nuisance. The entire procedure is contained in Title IX Chapter 3 of the City of Selma Code.
Those properties that required nuisances to be abated in the previous fiscal years and have not paid the charges are as follow:
APN Property Owner Total Due
388-076-05 Mosa Almunaser 570.00
388-081-01 Steve Ihde Property LLC 4,621.07
388-081-01 Steve Ihde Property LLC 985.00
358-284-21 Olivero C Diaz Pacheco 1,825.00
389-194-01 Ronald Head & Trisha R Starr 2,941.00
390-173-17 Irene Calderon Hernandez 2,524.57
358-521-39 Daniel & Susan Mills 2,212.25
358-521-39 Daniel & Susan Mills 2,575.00
389-222-20 Michael Stanton 1,100.00
389-222-20 Michael Stanton 2,075.00
388-064-10 Magdalena Villanueva 2,875.00
388-082-20 Wei Pei Zhu 559.91
388-230-04 Kragen Properties, LLC 1,129.94
All charges that have not been paid for on or before August 1, 2024 will be assessed on the 2024-25 tax roll. In compliance with 9-3-10 of the Selma City Code, “The City Clerk may receive the amount due on the abatement cost and issue receipts any time after the confirmation of the report and until August 1, 2024 following the report.” Staff will be prepared to provide information on each parcel that is being assessed for the cost of removal of structures, weeds, rubbish, refuse, dirt, etc. and sidewalk repair if the Council so desires.
July 15, 2024
July 15, 2024 Council Packet Page 379
RECOMMENDATION: Conduct Public Hearing and Adopt a Resolution Confirming Report of the Environmental Control Officer on Delinquent Parcels for the Cost of Removal of Structures, Weeds, Rubbish, Refuse, Dirt, etc. and Sidewalk Repair. _______/s/___________________________ July 15, 2024______ Jacob Del Cid, Finance Manager Date
_______/s/___________________________ July 15, 2024______ Fernando Santillan, City Manager Date
July 15, 2024 Council Packet Page 380
RESOLUTION NO. 2024 –
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,
CALIFORNIA CONFIRMING REPORT OF ENVIRONMENTAL CONTROL
OFFICER AS TO THE COSTS FOR REMOVAL OF STRUCTURES, WEEDS, RUBBISH, REFUSE, DIRT, ETC. AND REPAIR OF SIDEWALK
WHEREAS, pursuant to Title IX, Chapter 3 of the Selma Municipal Code, the Environmental Control Officer has caused notice to be given directing the removal of structures, weeds, rubbish, refuse, dirt, etc. and repair of sidewalk, on certain parcels of private property in the City of Selma, more particularly identified in the attached report of the Environmental Control Officer; and
WHEREAS, the City has abated such nuisances; and
WHEREAS, the Environmental Control Officer has notified each property owner of the cost of said abatement and the time and place when the Council will hear and consider the report of the Environmental Control Officer; and
WHEREAS, on July 15, 2024 the Council read and considered the report of the Environmental Control Officer and invited and heard all public testimony regarding said report and the assessment of charges for the abatement of the nuisances and good cause appearing.
NOW, THEREFORE, it is hereby ordered and resolved as follows:
1. The report of the Environmental Control Officer, a copy of same being attached hereto, marked Exhibit A, and made a part hereof through incorporation by reference, is confirmed and approved.
2. The respective costs of abatement for each parcel are declared to be a lien against said parcel and the City Clerk shall certify such assessment to the Fresno County Assessor and Tax Collector.
3. The City Clerk is directed to send a certified copy of this Resolution and the attached report to the Fresno County Auditor-Controller on or before August 10th of this year.
The foregoing Resolution was approved at a regular meeting of the Selma City Council on the 15th day of July, 2024, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
______________________________
ATTEST: Scott Robertson, Mayor
______________________________
Reyna Rivera, City Clerk
July 15, 2024 Council Packet Page 381
Exhibit A
APN Property Owner Total Due
388-076-05 Mosa Almunaser 570.00
388-081-01 James & Kathryn Bethel 4,621.07
388-081-01 James & Kathryn Bethel 985.00
358-284-21 HB1 Alternative Holdings, LLC 1,825.00
389-194-01 Youvone M Head 2,941.00
390-173-17 Irene Calderon Hernandez 2,524.57
358-521-39 Daniel & Susan Mills 2,212.25
358-521-39 Daniel & Susan Mills 2,575.00
389-222-20 Michael Stanton 1,100.00
389-222-20 Michael Stanton 2,075.00
388-064-10 Magdalena Villanueva 2,875.00
388-082-20 Wei Pei Zhu 559.91
388-074-01 Kragen Properties, LLC 1,129.94
July 15, 2024 Council Packet Page 382