CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: September 16, 2024
__________________________________________________________________________ ITEM NO: A.
SUBJECT: Consideration of entering into a Property Tax Allocation Agreement (Transition Agreement) with the Fresno County Fire Protection District for a term of ten (10) years.
______________________________________________________________________________ BACKGROUND:
On July 21, 2014, the City Council entered into a Property Tax Allocation Agreement (Agreement) with the Fresno County Fire Protection District (FCFPD) for a term of ten (10) years.
The Agreement establishes a transition of revenues that would have otherwise been received by FCFPD to mitigate service impacts of annexed property to the City. The City and FCFPD have utilized similar agreements since 2004 to streamline the annexation process and tax allocation of properties.
DISCUSSION:
A Property Tax Allocation Agreement, or a “Transition Agreement” as it is also called, allows for development projects to follow a streamlined processing timeframe. Similar agreements have been entered into with other agencies, such as Fresno County, to aid with compliance with Revenue and Tax Code Section 99.
The transition fee is an estimated payment of the proposed annexation’s equivalent tax rate that would have otherwise been allocated to FCFPD. The proposed Agreement utilizes the same methodology for calculating transition fees over a period of ten (10) years, with a 2 percent annual increase, that was previously accepted in the previous 2014 agreement. An example of how fees are calculated is provided within the proposed agreement.
With the previous Agreement expiring on July 21, 2024, any new proposed annexation for development to be considered by the City would be required to have a tax-sharing allocation negotiated on a case-by-case basis, which could result in delays or even complete stagnation of the project if terms of tax sharing cannot be agreed upon by the City and FCFPD.
FISCAL IMPACT: If a new agreement is entered into with FCFPD, any development projects that require annexation will be conditioned accordingly to pay the fee that their project is directly generating. By requiring projects to fund the transition fee, there would be no new fiscal impact on the General Fund.
It should be noted that past practice under the 2014 agreement was that the City paid transition fees as part of annexation proposals. Currently, the City is obligated to pay on average, approximately $22,000 in fire transition fees for the next five (5) years due to previous obligations. However, as noted, going forward, these fees will be the responsibility of the September 16, 2024 Council Packet Page 1
project applicant and a part of the conditions of approval to pay all fees associated with the annexation of property for a development project.
______________________________________________________________________________ RECOMMENDATION: Staff recommends that the City Council enter into a new Property Tax Allocation Agreement (Transition Agreement) with the Fresno County Fire Protection District for a term of ten (10) years.
______________________________________________________________________________ ______/s/_______________________________ September 8, 2024 ____________ Jerome Keene Date
Deputy City Manager
______/s/______________________________ September 8, 2024 ____________ Fernando Santillan Date
City Manager
Attachments:
Draft Tax Allocation Agreement
September 16, 2024 Council Packet Page 2
1 PROPERTY TAX ALLOCATION
AGREEMENT BETWEEN
THE CITY OF SELMA
AND
THE FRESNO COUNTY FIRE PROTECTION DISTRICT
This Property Tax Allocation Agreement (“Agreement”) is entered into and effective ___________ (“Effective Date”), between the City of Selma, a California municipal corporation (“City”) and the Fresno County Fire Protection District (“District”), a local fire protection district organized and existing as a California Special District under provisions of the Fire Protection District Law of 1987 (Health & Safety Code Section 13800 et seq.,) with respect to the following Recitals, which are incorporated as a substantive part of this Agreement.
RECITALS
WHEREAS, the District is the primary provider of fire suppression, prevention, rescue, emergency medical services and hazardous material emergency response and other services relating to the protection of lives and property (“Fire Protection Services”) within its territorial limits, which includes areas near the incorporated centers of the County of Fresno (“County”), including the City. Current District boundaries are reflected in Exhibit 1, attached and incorporated by this reference. The District also provides Fire Protection Services to certain incorporated cities and substantial portions of unincorporated areas within the County; and
WHEREAS, the City is the provider of Fire Protection Services within its corporate limits; and
WHEREAS, the District's primary source of funding comes from general purpose ad valorum property tax revenue from all real property within its territory (property taxes).
The revenue within involved tax rate areas is based on the combined “parent zone” and applicable “service zone" tax rates to the taxable value of the real property within such territory; and
WHEREAS, from time to time in connection with proposed property development, territory within the District is annexed into the City and detached from the District. To address the impact of the resulting loss of property tax revenue on District facilities, equipment and personnel and partially mitigate impacts upon the District from annexations and detachments, Fresno County Local Agency Formation Commission (“LAFCo”) policy requires the City and District to reach an agreement governing the transition of Fire Protection Services: and
WHEREAS, for the past 30 years District and the incorporated cities in the County have operated under transition agreements, the most recent covering the last ten (10) years (the “2014 Transition Agreement”), under which the City agreed to pay District a September 16, 2024 Council Packet Page 3
2 yearly sum of money upon annexation and detachment of property reflecting a percentage of Property Taxes the District would have received had the property not been annexed for a period of 10 years; and
WHEREAS, the District and City desire to enter into a new agreement under substantially the same terms, removing obsolete language, and providing for a new 10 year term with an option for the parties to extend the term for an additional 10 years; and
WHEREAS, the intent of this Agreement is to apply to all unincorporated areas that are within the jurisdictional boundaries of the District which may be subject to annexation to the City.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. Effect of Recitals. The foregoing Recitals are incorporated in and are a part of this Agreement.
2. Allocation and Payment of Property Taxes.
a. Upon the effective date of annexations/reorganizations of property (“Affected Territory”) into the City and detachment of the Affected Territory from the District, the real property tax previously imposed on the Affected Territory, and collected and allocated by Fresno County for the benefit of the District (“Base Year Allocation” or “BYA”) shall continue to be collected by the County from the City's portion of real property taxes, but paid to the City and the City shall allocate and pay the BYA for the Affected Territory to the District for a period of 10 years from the effective date of the specific reorganization. The BYA shall include any increase up to two percent (2%) per annum imposed by the County in accordance with the constitutional rate.
Other than a potential up to 2% annual increase in the BYA, the District will not be eligible to receive any increase in the BYA.
For the purposes of this Agreement, the effective date of reorganizations and the date to be used for when the tax reallocation to District commences, shall be the date upon which the annexation of property is recorded with the County Recorder and California State Board of Equalization consistent with applicable law.
Exhibit 2, attached and incorporated by this reference, sets forth the example of the calculation.
District shall be responsible for creating the tax allocation rate schedule and providing City the ability for review and agreement prior to District invoicing the City for the BYA.
September 16, 2024 Council Packet Page 4
3 b. The District shall notice and invoice the City to pay the applicable BYA to the District in July of each year. Such notice shall include the applicable tax allocation rate schedule showing the BYA due the District. City shall send the applicable payment to District within thirty (30) days after the City’s receipt of the District’s notice, invoice and tax allocation rate schedule. In the event the City does not pay to the District the applicable BYA due the District within said thirty (30) day period, the amount due the District shall be assessed interest at the legal rate commencing on the thirty first (31) day after the City’s receipt of the District’s notice and tax allocation rate schedule. The City’s failure to make the allocated monetary payment amount due the District within the time period set forth in this subparagraph 2b. shall be considered a material breach of this Agreement.
c. The City and District agree that if it is estimated the annual allocation of BYA over the 10-year allocation period, which includes the 2% annual constitutional rate increase, is less than $10,000, City will pay the entire 10-year allocation in one (1) lump sum at the time the first annual allocation payment is due.
3. Term. The term of this Agreement shall be for a period of 10 years from the Effective Date, through June 30, 2034, and it shall replace in all respects the 2014 Transition Agreement between the parties, except that obligations which by the terms expressed herein are intended to continue beyond the term of this Agreement shall continue until satisfied. This Agreement may also be extended by an additional period of 10 years from the expiration date with the agreement of both District and City.
4. Affect of Annexations. Upon annexation of affected properties to City, those properties shall detach from the District, and all Property Taxes shall be allocated consistent with Agreement section 2 and existing laws, rules, policies and procedures established in the County, subject to any applicable agreement between City and the County.
5. LAFCo Compliance. District and City agree that this Agreement is intended to satisfy the intent and purpose of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
6. Non-Opposition to Annexations. District represents and agrees that during the term of this Agreement, it will not oppose further annexation to the City. This District agreement does not extend to modifications to the City Sphere of Influence or required Municipal Service Reviews adopted by the Fresno County LAFCo.
7. Accounting. District and City agree that their designated representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. District and City agree to maintain such records for a possible audit for a minimum of four (4) years from the recording date of an annexation to the City and to allow access to such records for an audit during normal business hours.
September 16, 2024 Council Packet Page 5
4 8. Termination.
a. Termination Upon Expiration. This Agreement shall terminate upon expiration of its Term, if not extended by agreement.
b. Termination Due to Invalidity. Should any material portion of this Agreement be declared invalid or inoperative by a court of competent jurisdiction, this entire Agreement as well as any ancillary documents entered into by the parties in order to fulfill the intent of this Agreement shall immediately be of no force and effect and this Agreement shall terminate in its entirety.
c. Termination Due to Material Breach: Right to Cure. This Agreement may be terminated by either party for a material breach and a failure to cure that breach within thirty (30) days after receipt of a notice to cure. d. Termination Due to Change in Law. It is mutually understood and agreed that this Agreement shall terminate immediately and shall be of no further force and effect should substantial substantive changes occur in such statutory scheme or successor statutory schemes (whether by legislative or judicial action) which negate or frustrate the fundamental reasons or tenets of this Agreement, such termination to be in the entirety. Any party contending this section applies shall give written notice of termination pursuant to this section, which notice shall include an explanation of the reason(s) for such termination.
9. Renewal of Agreement. Within 60 days after the date of commencement of the ninth year of this Agreement, the District and the City agree to meet and negotiate in good faith, in an attempt to agree upon the terms and conditions of an extension of this Agreement consistent with applicable law at the time.
10. Remedies for Breach of Agreement. In addition to termination of this Agreement for a material breach, the parties may exercise any other remedy available to them at law or in equity, including specific performance, injunctive relief, and writ of mandate.
11. Dispute Resolution. If any dispute arises regarding the interpretation or application of this Agreement or any determination or calculation thereunder, the parties agree upon the request of either of them to meet and attempt to resolve the same amicably for a period not to exceed thirty (30) days.
If the dispute is not otherwise resolved, and absent the need for emergency relief or to meet a statute of limitations, the parties agree to enter into mediation before initiating litigation. The parties shall mutually agree upon a mediator and each party shall pay one half (1/2) the cost of the mediator and bear their own costs for the mediation.
The mediation shall be completed within sixty (60) days of notice of the intent to undergo mediation. If the mediation is not completed within sixty (60) days of notice, a party may initiate litigation. The parties shall act in good faith and with due diligence to timely complete the mediation.
September 16, 2024 Council Packet Page 6
5 If litigation is commenced before mediation due to one of the reasons mentioned above, the parties agree to immediately commence and complete mediation within sixty (60) days of the commencement of litigation as evidenced by the filing in court of a formal complaint, petition, or similar document.
12. Modification. This Agreement may be modified or amended only by a writing duly authorized and executed by the City and District.
13. Enforcement. The City and District each acknowledge that this Agreement cannot bind or limit themselves or each other or their future governing bodies in the exercise of their discretionary legislative power. However, each binds itself that it will insofar as is legally possible, fully carry out the intent and purposes hereof, if necessary, by administrative and ministerial action independent of that legislation power and that this Agreement may be enforced by injunction or mandate or other writ to the full extent allowed by law.
14. Integration. With respect to the subject matter hereof, this Agreement is intended to be an integrated agreement and supersedes any and all previous negotiations proposals, commitments, writings and understandings of any nature whatsoever between the City and the District as to the subject matter of this Agreement.
15. Notice. All notices, requests, determinations or other correspondence required or allowed by law or this Agreement to be provided by the parties shall be in writing and shall be deemed given and received when delivered to the recipient by first-class mail (or an equal or better form of delivery) at the following addresses:
CITY
City Manager
City of Selma
1710 Tucker Street
Selma, California 93662
DISTRICT
Fire Chief
Fresno County Fire Protection District
210 South Academy Avenue
Sanger, California 93657
By giving notice, either party may change its address for these purposes.
16. Third Parties. This Agreement shall not be construed as or deemed an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause of action whatsoever.
17. Subsequent District Agreements. District agrees that if, during the term of this Agreement, District negotiates a property tax allocation involving an annexation to the September 16, 2024 Council Packet Page 7
6 municipality and a detachment from the District with any other municipality which contains more favorable terms than this Agreement, District shall notify City within thirty (30) days of such agreement and offer those same terms to City. More favorable terms, means, but is not necessarily limited to, another municipality allocating to District a lower percentage of taxes than City allocates District under Section 2 of this Agreement.
18. Attorney’s Fees and Costs. In any action to enforce the provisions of this Agreement or for breach of the Agreement, the prevailing party shall recover from the other party, in addition to any damages, injunctive or other relief, all costs (whether or not allowable as “cost” items by law) reasonably incurred at, before and after trial or on appeal, including without limitation attorneys' and witness (expert and otherwise) fees, deposition costs, copying charges and other expenses.
19. Approval. The parties represent that this Agreement was approved by their respective governing boards at a properly noticed meeting.
20. Choice of Law and Venue. This Agreement shall be governed by the laws of the State of California. Venue for actions and proceedings between the parties related to this Agreement shall be in the Eastern District of California for any federal action and, unless otherwise agreed by the parties, in Fresno County Superior Court for state actions.
21. Agreement Mutually Drafted. Each party has participated jointly in the drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties, and the language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent. If an ambiguity or question of intent or interpretation arises, then this Agreement will accordingly be construed as drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any Party to this Agreement by virtue of the authorship of any of the provisions of this Agreement. The captions, headings and table of contents contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
22. Notification to County Auditor-Controller/Treasurer/Tax-Collector. Immediately after the Effective Date of this Agreement, City and District shall furnish a fully executed copy of this Agreement to the Fresno County Auditor-Controller/Treasurer Tax-Collector (“County Auditor') at the address listed below. Any Agreement amendment, upon it becoming effective, shall also be furnished to the County Auditor by the City and the District.
Fresno County Auditor-Controller/Treasurer Tax-Collector 2281 Tulare Street
Fresno, CA 93721
Signatures on next page
September 16, 2024 Council Packet Page 8
7 IN WITNESS WHEREOF, the parties have entered into this Agreement in Fresno County, California.
FRESNO COUNTY FIRE PROTECTION
DISTRICT
By: _____________________________
John Arabian, Board President
Date: _____________
ATTEST:
By: _____________________________
Brad Richter, Board Secretary
Date: _____________
APPROVED AS TO FORM:
_______________________________
William D. Ross, District Counsel
Date: _____________
CITY OF SELMA
By: ____________________________
Scott Robertson, Mayor
Date: ______________
ATTEST:
By: ____________________________
Reyna Rivera, City Clerk
Date: ______________
APPROVED AS TO FORM:
_________________________________
Megan Crouch, City Attorney
Date: ______________
September 16, 2024 Council Packet Page 9
8 September 16, 2024 Council Packet Page 10
9 Exhibit 2 – Example Tax Allocation Rate Schedule
This agreement is intended to execute the Transition Agreement entered into between the City of Selma and the Fresno County Fire Protection District effective July 1, 2024. The agreement provides for a payment to the District for 100% of the Base Year Allocation (BYA) for a period of (10) years. BYA to include up to a 2% annual constitutional increase determined by the State Board of Equalization. Year 1 payment due District the fiscal year following the year the City receives its allocation of property taxes from this annexation.
Payments due the District for each fiscal year (July 1 - June 30) will be made no later than August 30 each year for the prior fiscal year. City and District agree that total payments for annexations over a ten-year period that are less than $10,000, City will pay the District a one-time payment in total for that annexation.
Total Assessed Value of all involved parcels at recording: $500,000 Tax Rate Area (TRA) # XXX-XXX with a rate of 0.0009724
Base Year Allocation (BYA) = ($500,000 x 0.0009724) = $486.20 BYA + Annual Increase Payment Due
Year 1 Payment $486.20 ------- $486.20
Year 2 Payment $486.20 2.00% $495.92
Year 3 Payment $495.92 2.00% $505.84
Year 4 Payment $505.84 2.00% $515.96
Year 5 Payment $515.96 2.00% $526.28
Year 6 Payment $526.28 2.00% $536.80
Year 7 Payment $536.80 2.00% $547.54
Year 8 Payment $547.54 2.00% $558.49
Year 9 Payment $558.49 2.00% $569.66
Year 10 Payment $569.66 2.00% $581.05
Total Payments $5,323.75
____________________ ____________________
Dustin Hail, Chief Fernando Santillan, City Manager
Fresno County Fire Protection District City of Selma
____________________ ____________________
Date Date
September 16, 2024 Council Packet Page 11
CITY MANAGER’S/STAFF’S REPORT September 16, 2024
REGULAR CITY COUNCIL MEETING DATE: ___________________________ ITEM NO: B.
SUBJECT: Consideration of a Resolution Declaring Surplus and Sale, Donation or Disposal of City Property
DISCUSSION: City Departments are requesting the City Council’s approval to declare as surplus the vehicle and equipment list below and to authorize the sale, donation or disposal of said vehicle and equipment. Given the age, mileage and general condition of the vehicle and equipment, the use of the vehicle and equipment are no longer cost-effective for the City or are safe to deploy for the use of public safety.
RECOMMENDATION: Adopt a Resolution declaring the vehicle and equipment on the Surplus Vehicle List as surplus, and authorize the sale, donation or disposal of the vehicles. _______/s/_____________________________________ 09/05/2024_____________ Michael Honn, Public Works Director Date
_______/s/_____________________________________ 09/05/2024_____________ Fernando Santillan, City Manager Date
Unit # Dept. Year Use
Unit
Description License Vin/Serial # Notes
2109 2500 2005
Fire Safety
Education
Scotty Fire
Safety Trailer E950690 1SSTT393X511SS889 Outdated and worn N/A 2525
Misc Fire
PPE PPE (99 pieces) N/A N/A
Expired, no longer
safe to use
227 2525 2013 Police Dept Chev Impala 6YWN740 2G1WA5E30D116216 Repairs to
transmission are
not cost effective
230 2525 2015 Police Dept Chev Impala 7RSY641 1G11Z5SL7FU13790 Engine Failure 3202 5300 2014 Mower Exmark Mower 3146401061 Engine Failure 3201 5300 2012 Mower Exmark Mower 312608726
Deck & engine
failure
3206 5300 2016 Mower Exmark Mower 400065890 Engine Failure 1516 5300 1981 Tractor
Massey
Tractor 9A338416
Beyond repairsparts not available
September 16, 2024 Council Packet Page 12
RESOLUTION NO. 2024 – __R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,
CALIFORNIA, DECLARING CERTAIN VEHICLES AND EQUIPMENT SURPLUS
AND AUTHORIZING THEIR SALE, DONATION, OR DISPOSAL
WHEREAS, in accordance with the provisions of Government Code Section 37350, the City is permitted to dispose of personal property for the common benefit; and WHEREAS, the City desires to declare certain vehicles and equipment to be surplus.
A description of said equipment is attached hereto as “Exhibit A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA
HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.
Section 2. Given usage of the equipment set forth in Exhibit A, City Departments cannot justify continuing to hold these vehicles and equipment as a assets, the City Council hereby declares the vehicle and equipment as surplus property.
Section 3. The City Manager is hereby directed to sell the surplus equipment and take all actions necessary to effectuate the direction set forth in this Resolution.
Section 4. 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.
Section 5. 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Selma on this 16th day of September, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_____________________________
Scott Robertson, Mayor
ATTEST:
________________________
Reyna Rivera, City Clerk
September 16, 2024 Council Packet Page 13
Surplus Items - Exhibit A
Unit
# Dept Year Use
Unit
Description License Vin/Serial #
Status
Change
Date Notes
2109 2500 2005
Fire Safety
Education
Scotty Fire
Safety Trailer E950690 1SSTT393X511SS889 9/16/2024
N/A 2525 N/A Misc Fire PPE PPE N/A N/A 9/16/2024
99 Pieces of
PPE
227 2525 2013 Police Dept Chev Impala 6YWN740 2G1WA5E30D1162169 09/16/2024 Repairs to
transmission
are not cost
effective
230 2525 2015 Police Dept Chev Impala 7RSY641 1G11Z5SL7FU137901 09/16/2024 Engine
Failure
3202 5300 2014 Mower Exmark Mower 314641061 09/16/2024
Engine
failure
3201 5300 2012 Mower Exmark Mower 312608726 09/16/2024
Deck &
Engine
failure
3206 5300 2016 Mower Exmark Mower 400065890 09/16/2024
Engine
failure
1516 5300 1981 Tractor Massey Tractor 9A338416 09/16/2024 Beyond
repair-parts
not
available
September 16, 2024 Council Packet Page 14
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: _____________________________
ITEM NO: C.
SUBJECT: Consideration of a Resolution Approving the Purchase of a New Massey Ferguson Closed-Cab Tractor
BACKGROUND: In 1982, the City of Selma purchased a farm style tractor that would be utilized for weed abatement mowing and disking city wide. That asset has been used for the last 42 years and has done its job and lived its life expectancy. Currently staff is struggling to keep this machine in service because of the inability to replace parts that are no longer being manufactured.
On August 28, 2024 a Notice Inviting Bids was issued through the City of Selma Purchasing policy. The Bid closing date was September 11, 2024 at 3:00pm. No bids were received. City requested and received the following proposals prior to posting the Invitation for Formal Bids.
Those proposals are as follows:
Quinn Ag - $65,114.70
San Joaquin Tractor - $65,885.00
Holt Ag Solutions - $74,999.99
DISCUSSION: City Staff recommends using Measure C funds to purchase a new closed cab Massey Ferguson farm style tractor, to perform tasks such as weed abatement on City-rightof-way and the street side of the railroad, street patch paving, concrete removal on sidewalks, and cleaning up debris. This closed cab tractor will also have cabin filters that will reduce the exposure to Valley Fever.
FISCAL IMPACT: $65,114.70 in Measure C funds would be utilized for this purchase, which is programed in the adopted CIP (Capital Improvement Program) for this fiscal year.
No current projects will be pushed to a later date for design or construction.
RECOMMENDATION: Adopt the Resolution Approving the Purchase of a New Massey Ferguson Closed Cab Tractor Using Measure C Funds.
____/s/_________________________________ 09/09/2024____________________ Michael Honn Public Works Director Date
____/s/_________________________________ 09/09/2024____________________ Fernando Santillan, City Manager Date
September 16, 2024
September 16, 2024 Council Packet Page 15
RESOLUTION NO. 2024– __R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SELMA, CALIFORNIA, APPROVING THE
PURCHASE OF A NEW MASSEY FERGUSON CLOSED
CAB TRACTOR
WHEREAS, The Public Works Department recommends using Measure C Streets Funds to purchase a new closed cab Massey Ferguson farm style tractor; and WHEREAS, the tractor will be utilized for weed and debris cleanup along City streets, street patch paving, concrete removal on sidewalk, and other street-related uses; and WHEREAS, the new tractor will also have cabin filters that will greatly reduce the exposure to Valley Fever; and
WHEREAS, $65,114.70 in Measure C Streets fund will be utilized for the purchase of the Massey Ferguson Closed Cab Tractor; and
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 Manager is hereby directed to take actions necessary to effectuate the direction set forth in the Resolution.
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.
PASSED, APPROVED AND ADOPTED this 16
th day of September 2024, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
September 16, 2024 Council Packet Page 16
Scott Robertson, Mayor
ATTEST:
Reyna Rivera, City Clerk
September 16, 2024 Council Packet Page 17
Public Works Capital Improvement Project Forecast
Fund 211 Fund 212 Fund 213 Fund 214 Fund 221 Fund 222
Gas Tax RMRA LTF Meas C Meas C ADA Meas C Flex
Beg. Balance 1,157,395 1,735,768 186,923 911,932 102,483 160,219 FY 23/24
Revenues 692,774 611,010 807,000 393,396 13,769 485,941 Stillman - High Street Improvement (80,150)
Barbara Street Improvement Project (539,941)
Highland & Rose Street Improvement Project (454,631)
Alphabet Streets Improvement Project (1,983,049)
2024 Aspen/Dennis/E/F/Mulberry Reconstruct (169,000)
Park & Grove Streets Sealing (15,000)
End Balance 1,141,228 363,729 978,923 770,547 116,252 646,160 September 16, 2024 Council Packet Page 18
Public Works Capital Improvement Project Forecast
Fund 211 Fund 212 Fund 213 Fund 214 Fund 221 Fund 222
Gas Tax RMRA LTF Meas C Meas C ADA Meas C Flex
FY 24/25 Budget
Projected Revenue 690,625 659,239 851,076 409,304 13,000 477,472 PW Personnel (250,000) (275,000) (481,881)
PW Operating (350,000) (400,000) (300,000)
MF Tractor for Street Maintenance (65,115)
2024 Aspen/Dennis/E/F/Mulberry Reconstruct (1,640,000)
Park & Grove Streets Sealing (350,000)
Thompson-Floral Alley Sewer Cross-connect (19,000)
Dockery Storm Drain Repair (50,000)
City Hall North Parking Drainage (25,000)
Ditch Street Overlay (36,000)
Huntsman Street Reconstruction (45,000)
Nebraska Ave Overlay (35,000)
Second Street Reconstruction (72,000)
Thompson Avenue Cape Seal (24,000)
ATP CID Canal Piping and Bike Trail (50,000)
Storm Drain Maintenance Annual Repairs (100,000)
End Balance (408,147) 914,968 736,999 884,736 129,252 291,751 September 16, 2024 Council Packet Page 19
Public Works Capital Improvement Project Forecast
Fund 211 Fund 212 Fund 213 Fund 214 Fund 221 Fund 222
Gas Tax RMRA LTF Meas C Meas C ADA Meas C Flex
FY 25/26 Projected Budget
Projected Revenue 670,000 650,000 850,000 400,000 13,000 490,000 PW Personnel (250,000) (275,000) (275,000)
PW Operating (350,000) (350,000) (300,000)
ATP CID Canal Piping and Bike Trail (350,000)
Thompson-Floral Alley Sewer Cross-connect (145,000)
City Hall North Parking Drainage (150,000)
Ditch Street Overlay (411,000)
Dockery Ave Cape Seal (27,000)
Huntsman Street Reconstruction (425,600)
Nebraska Ave Overlay (392,200)
Second Street Reconstruction (685,350)
Thompson Avenue Cape Seal (444,400)
Goldridge Street Overlay (77,000)
Mitchell Avenue Cape Seal (44,000)
Nebraska Ave Reconstruction (65,000)
Thompson Ave Reconstruction North (38,000)
Thompson Ave Reconstruction South (70,000)
Rose Avenue Reconstruction (94,000)
Storm Drain Maintenance Project (100,000)
2025 Alley Improvement Projects (4 Blocks) (56,000)
End Balance (338,147) 299,618 28,599 258,936 142,252 (143,249) September 16, 2024 Council Packet Page 20
C I T Y O F S E L M A
1 7 1 0 T U C K E R S T R E E T S E L M A, C A L I F O R N I A 9 3 6 6 2 August 28, 2024
Invitation for Bid
Massey Ferguson 4708 4 Wheel Drive Tractor 80HP with front weights INTRODUCTION:
The City of Selma, California (hereafter called the City) is requesting bids for a Massey Ferguson 4 Wheel Drive Tractor Cab. Equipment must include the following:
• AGCO Power 33AWIC 3 Cylinder (Turbocharged)
• 85 Max Engine HP, 80 Engine HP, 67 PTO HP
• 4 WD: Center Driveline, Open Differential
• 25 mph (40 kph) 12x12 Transmission with Power Shuttle • PTO: Independent, 540/540E RPM
• Rear Linkage: ASAE Category II with Telescope Ball Ends The selection of the vendor to provide the equipment will be made following the RFP process:
a. Request for Bid (RFP). Responses are due by 3:00pm on Wednesday, September 11, 2024.
The City reserves the right to accept or reject any and all bids or postpone bid deadline. Each bid shall be valid to the City for a period of sixty (60) days.
September 16, 2024 Council Packet Page 21
INSTRUCTIONS:
Your bid must be submitted to the City Clerk by: 3:00 pm on Wednesday, September 11, 2024.
All bid envelopes must be clearly labeled as follows:
"Bid for Massey Ferguson 4708 4WD Tractor ”.
All bids received after the designated time and date will not be considered.
Questions relating to the RFP may be directed via email to: [email protected] All questions must be presented by _Wednesday, September 4, 2024______ by end of business day.
Bidders, or their authorized representatives, are expected to fully inform themselves as to equipment specifications before submitting bids.
Any bid may be withdrawn by written request received by the City before the time fixed for receipt of bids. Withdrawal of your bid will not prejudice the right of the bidder to submit a new bid, providing the latter is timely received as provided herein.
The City is not bound to accept the lowest dollar bid if the offer is not considered in the City's best interest.
The City will evaluate all the bids and select the winning bidder for approval by the City Council at a subsequent City Council meeting.
BID REQUIREMENTS:
Bid responses shall include the following:
1. COST PROPOSAL
The City of Selma requires a total cost for this equipment.
2. CONTACT INFORMATION
All bids must include the following contact and authorization information:
• Company Name
• Mailing Address
• Street Address
• Phone Number
• Email Address
• Signature, printed name, and date affirming the Bid
September 16, 2024 Council Packet Page 22
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: September 16, 2024
__________________________________________________________________________ ITEM NO: D.
SUBJECT: Consideration of Resolution Approving Funds for Repairs to the Hydraulic Hoses/System on the City-Owned Boom Truck
______________________________________________________________________________ BACKGROUND: In 1992 the City purchased a boom truck from Altec Equipment Services, for the purpose of maintaining city street lights and street signs, repairing/replacing ball field lights, installing flags and other holiday decorations and numerous other tasks city wide.
DISCUSSION:
Replacement of the hydraulic hoses throughout the vehicle Chassis and Boom In recent months, the Fleet Department has replaced hydraulic hoses on an as needed basis, pertaining to leaks and complete failure of said hoses. We have had several issues regarding these hoses on this asset and need to have the hydraulic hose system completely rebuilt on the chassis and boom for annual inspection and safety purposes.
FISCAL IMPACT: Staff is requesting approval to increase Fund 701 (Fleet Management) - Equipment Repairs by the following amount:
Complete hydraulic hose system rebuild: Altec Equipment Group (Bakersfield Location) $27,630.96
______________________________________________________________________________ RECOMMENDATION: Adopt Resolution approving the additional funds to Fund 701 (Fleet Management) - Equipment Repairs account for repairs to the hydraulic hoses/system on the City owned boom truck.
______________________________________________________________________________ ________/s/__________________________ 09/10/2024______________________ Michael Honn Date
Public Works Director
________/s/__________________________ 09/10/2024______________________ Fernando Santillan Date
City Manager
September 16, 2024 Council Packet Page 23
RESOLUTION NO. 2024– __R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SELMA, CALIFORNIA, APPROVING A REQUEST
TO FUND THE HYDRAULIC HOSE SYSTEM REBUILD
ON THE ALTEC BOOM TRUCK
WHEREAS, Public Works has determined that it is necessary to complete hydraulic hose repairs to the 1992 Altec Boom Truck; and
WHEREAS, the Altec Boom Truck is used to maintain city street lights and street signs, repairing/replacing ball fields lights, and other tasks; and WHEREAS, there have been numerous repairs to the hydraulic hoses throughout the year and at this time the vehicle requires a complete rebuild of the hydraulic hose system; and
WHEREAS, Public Works staff has requested an increase of $27,630.96 in Fund 701 (Fleet Management) to complete the repairs.
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 Manager is hereby directed to take actions necessary to effectuate the direction set forth in the Resolution.
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.
PASSED, APPROVED AND ADOPTED this 16
th day of September 2024, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
September 16, 2024 Council Packet Page 24
Scott Robertson, Mayor
ATTEST:
Reyna Rivera, City Clerk
September 16, 2024 Council Packet Page 25
September 16, 2024 Council Packet Page 26
September 16, 2024 Council Packet Page 27
September 16, 2024 Council Packet Page 28
September 16, 2024 Council Packet Page 29
CHECK
NUMBER
CHECK
DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT 84952 08/21/24 Printed 4CREEKS, INC. ENG -PLAN CHECK REVIEWS JUNE 2024 PARTIAL R 9,793.50 84953 08/21/24 Printed A&M CONSULTING ENGINEERS ENG -CONSULTING SERVICES JUNE 2024 PARTIAL R 29,735.00 84954 08/21/24 Printed ADVENTIST HEALTH FD -AMBULANCE OVERPAYMENT REFUND 1,500.00 84955 08/21/24 Printed AIRGAS USA LLC ECO DEV -CVTC OXYGEN SUPPLIES R 180.97 84956 08/21/24 Printed MATTHEW ALEXANDER / ADVANCED
COMBAT EVOLUTIONS
PD -BUILDING SEARCHES COURSE TUITION 9/6/24 1,316.00
84957 08/21/24 Printed ALEJANDRO ALVAREZ PD -SLI COURSE PER DIEM 8/18/24-8/21/24 R 225.00 84958 08/21/24 Printed MARK ALVES / ALVES ELECTRIC PD -ANIMAL SHELTER POWER FAILURE ISSUE 450.00 84959 08/21/24 Printed ELSY ARANA FD -EMT RECERTIFICATION REIMBURSEMENT 82.00 84960 08/21/24 Printed AT&T FIN -SELMA PD LOGGING RECORDER 7/23-8/22/24 484.37 84961 08/21/24 Printed AT&T FIN -TELEPHONE 7/4-8/3/24 1,713.64 84962 08/21/24 Printed AT&T FIN -TELEPHONE 7/4-8/3/24 116.10 84963 08/21/24 Printed AT&T FIN -TELEPHONE 7/4-8/3/24 111.00 84964 08/21/24 Printed AXON ENTERPRISES, INC. PD -DOCKING STATIONS FOR INVESTIGATIONS UNIT 745.22 84965 08/21/24 Printed CHRIS AYALA PD -STALE DATED CHECK FROM 2022 RE-ISSUED FOR PERISHABLE SKILLS TRAINING PERM DIEM 1/18/22-1/21/22
R 44.00
84966 08/21/24 Printed BENNY BACA / COOL AIR SPECIALTY PW -INSTALLED FILTERS & RETURN GRILLS AT PD 4,975.00 84967 08/21/24 Printed JAY W. BROCK / TOP DOG TRAINING
CENTER
PD -MAINTENANCE TRAINING 7/15/24 & NARCOTIC
DETECTION COURSE
2,490.00
84968 08/21/24 Printed CALIFORNIA BUILDING STANDARDS BLDG -BUILDING STANDARDS FEE 1/1/23-12/31/23 R 2,763.90 84969 08/21/24 Printed CALIFORNIA TURF EQUIPMENT & SUPPLYPW -EDGER BLADES 258.55 84970 08/21/24 Printed ROD CARSEY / ROD CARSEY
CONSULTING
BLDG -PLAN CHECKS JULY 2024 6,512.99
84971-
84973
08/21/24 Printed CENCAL AUTO & TRUCK PARTS, INC FLEET -AUTO PARTS & SUPPLIES 723.45 84974 08/21/24 Printed CENTRAL SANITARY SUPPLY, LLC. PW -JANITORIAL SUPPLIES 473.34 84975 08/21/24 Printed CENTRAL VALLEY CHAPTER OF PW -2024 CVC MSA MEMBERSHIP 425.00 84976 08/21/24 Printed CHRISTOPHER CISNEROS FD -PARAMEDIC RECERTIFICATION REIMBURSEMENT 250.00 84977 08/21/24 Printed CITY OF SANGER FIRE DEPARTMENT FD -1/5 OF HEALTH MANAGEMENT FEES JUNE 2024 917.70 84978 08/21/24 Printed ENRIQUE BARBOSA COLIN / BARBOSA
AUTO GLASS
FD -WINDSHIELD REPAIR AMB 554 420.00
84979 08/21/24 Printed COLUMN SOFTWARE PBC COMM DEV -PUBLIC HEARING NOTICES 319.07 84980 08/21/24 Printed CONSOLIDATED ELECTRICAL
DISTRIBUTION
PW -BULBS FOR PARKS 1,031.47
84981 08/21/24 Printed CORELOGIC SOLUTIONS LLC FIN -REALQUEST MONTHLY SERVICE JULY 2024 481.25 84982 08/21/24 Printed DATAPATH LLC IT -LAPTOP BUNDLE 2,718.74 84983 08/21/24 Void JOHNATHAN DAVILA FD -EMT RECERTIFICATION REIMBURSEMENT 0.00 84984 08/21/24 Printed DELTA DENTAL OF CALIFORNIA HR -DENTAL CLAIMS 8/1/24 3,719.50 84985 08/21/24 Printed DEPARTMENT OF JUSTICE HR -PRE EMPLOYMENT FINGERPRINTING APRIL 2024 32.00 84986 08/21/24 Printed EDITOR LLC ART C -JERSEY BOYS MEDIA 900.00 84987 08/21/24 Printed EMPLOYMENT DEVELOPMENT DEPT. HR -UNEMPLOYMENT 4/1-6/30/24 4,411.00 84988 08/21/24 Printed CASSY FAIN PD -SLI POST COURSE PER DIEM 8/11-8/14/24 R 236.00 84989 08/21/24 Printed FRESNO COUNTY FIRE FD -EMS SUPERVISOR VEH GRAPHIC 2,008.48 84990 08/21/24 Printed FRESNO COUNTY SHERIFF PD -RMS/JMS/CAD ACCESS FEES JULY 2024 486.00 84991 08/21/24 Printed FRESNO OXYGEN FD -MEDICAL OXYGEN 564.21 84992 08/21/24 Printed PABLO RAMIREZ GARCIA FIN -REFUND ADMIN CITATION 1,000.00 84993 08/21/24 Printed RENE GARZA PD -COMMAND COLLEGE PER DIEM 9/9-9/13/24 355.00 84994 08/21/24 Printed CYNTHIA GOMEZ PD -STALE DATED CHECK FROM 2020 RE-ISSUE FOR
PICNIC SHELTER REIMBURSEMENT
45.00 84995 08/21/24 Printed GILBERT GONZALES PD -STALE DATED CHECK FROM 2022 RE-ISSUE FOR PERISHABLE SKILLS TRAINING PER DIEM 8/3/22
R 11.00
84996 08/21/24 Printed HEALTHWISE SERVICES, LLC. PD -PHARM KIOSK CONTAINER R 173.75 84997 08/21/24 Printed HENRY SCHEIN INC. FD -MEDICAL SUPPLIES 1,780.11 84998 08/21/24 Printed ALEXANDER HEREDIA PD -POLICE ACADEMY COURSE PER DIEM 8/26/30-8/30/24 75.00 84999 08/21/24 Printed MAI HOLMQUIST / 559 PHOTO BOOTH ECO DEV -PHOTO BOOTH FOR DT BID EVENT 450.00 85000 08/21/24 Printed J&A DRUG TESTING INC HR -EMPLOYEE DRUG & ALCOHOL TESTING 497.00 85001 08/21/24 Printed JH TACKETT INC. REC -BUSINESS CARDS 85.02 85002 08/21/24 Printed JAN TYSON JOHNSON FD -PARAMEDIC RECERTIFICATION REIMBURSEMENT 250.00 85003 08/21/24 Printed KAISER PERMANENTE FD -AMBULANCE OVERPAYMENT REFUND 1,944.00 85004 08/21/24 Printed KALMIKOV ENTERPRISES, INC. / FIRE
APPARATUS SOLUTIONS
FD -AUTO SERVICE REPAIRS FOR ENG 111 1,642.45
85005 08/21/24 Printed JEFF KESTLY HR -RETIREE MEDICAL PREMIUM REIMBURSEMENT 188.07 85006 08/21/24 Printed KNORR SYSTEMS, INT'L PW -SERVICED SALAZAR WATER SPLASH SYSTEM 4,390.27 85007 08/21/24 Printed LABOR FIRST, LLC / RETIREE FIRST HR -RETIREE POST 65 PREMIUMS SEPTEMBER 2024 5,016.00 85008 08/21/24 Printed LEASING SERVICING CENTER, INC. PD -LAPTOPS AND HARDWARE FINANCING ANNUAL PAYMENT 31,666.92 85009 08/21/24 Printed LES SCHWAB TIRE CENTERS OF FD -OIL CHANGES & TIRE REPAIRS 1,390.37 85010 08/21/24 Printed LEXISNEXIS COPLOGIC SOLUTIONS PD -ONLINE REPORTING SYSTEM 7/1/24-7/31/24 960.00 85011 08/21/24 Printed LIFE-ASSIST INC. FD -MEDICAL SUPPLIES 104.53 85012 08/21/24 Printed CHRISTINA MCCOLLAM-MARTINEZ ART C -EVIL DEAD SUPPLIES REIMBURSEMENT 88.11 85013 08/21/24 Printed MEDLINE INDUSTRIES, INC. FD -MEDICAL SUPPLIES 1,196.65
CHECK REGISTER REPORT
September 16, 2024 Council Packet Page 30
CHECK
NUMBER
CHECK
DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT
CHECK REGISTER REPORT
85014 08/21/24 Printed MERITAGE MEDICAL NETWORK FD -AMBULANCE OVERPAYMENT REFUND 189.25 85015 08/21/24 Printed METRO UNIFORM PD -REVOLVING ACCTS 2,799.54 85016 08/21/24 Printed JERRY MORRIS FD -AMBULANCE OVERPAYMENT REFUND 235.90 85017 08/21/24 Printed NHA ADVISORS LLC FIN -2023/24 GENERAL CONSULTING 5,895.88 85018 08/21/24 Printed ODP BUSINESS SOLUTIONS LLC PD -OFFICE SUPPLIES 131.89 85019 08/21/24 Printed PG&E FIN -UTILITIES JULY 2024 669.35 85020 08/21/24 Printed PG&E FIN -UTILITIES JULY 2024 9,878.72 85021 08/21/24 Printed PIPKIN DETECTIVE AGENCY INC. HR -PRE EMPLOYMENT BACKGROUND 594.00 85022 08/21/24 Printed PITNEY BOWES BANK INC PD -POSTAGE 958.74 85023 08/21/24 Printed QUAD KNOPF, INC. COMM DEV -STORM DRAIN MASTER PLAN 6/9-6/30/24 & PROFESSIONAL SERVICES 6/23-7/20/24
PARTIAL R 19,261.40
85024 08/21/24 Printed RAIMI & ASSOCIATES, INC. ECO DEV -DOWNTOWN STRATEGIC PROFESSIONAL SERVICE JUNE 2024
19,914.14
85025 08/21/24 Printed KRYSTLE RICHMOND PD -STALE DATED CHECK FROM 2020 RE-ISSUE FOR SEXUAL ASSAULT TRAINING PER DIEM 9/21/20
R 22.00
85026 08/21/24 Printed DANIEL ANTHONY RIVAS FD -STRIKE TEAM LODGING, FUEL & MEALS REIMBURSEMENT R 1,010.50 85027 08/21/24 Printed ROBERT HALF FINANCE & ACCOUNTINGHR -SENIOR ACCOUNTANT 6/28/24-8/2/24 8,695.00 85028 08/21/24 Printed SAFETY-KLEEN SYSTEMS, INC. FLEET -SERVICE PARTS WASHER 289.42 85029 08/21/24 Printed SELMA DISTRICT CHAMBER OF FIN -4TH QUARTER DUES 2023/2024 9,150.00 85030 08/21/24 Printed SELMA UNIFIED SCHOOL DISTRICT FLEET -FUEL CHARGES APRIL 2024 26,849.95 85031 08/21/24 Printed SIERRA CONSTRUCTION & EXCAVATIONPW -PROGRESS PAY#5 STORM DRAIN IMPROVEMENT PROJECT 6/1/24-6/30/24
G 290,229.82
85032 08/21/24 Printed SPARKLETTS ECO DEV -WATER SERVICE FOR CVTC R 42.99 85033 08/21/24 Printed SPARKLETTS FD -WATER SERVICE STA 3 62.95 85034 08/21/24 Printed SPARKLETTS FD -WATER SERVICE STA 3 13.96 85035 08/21/24 Printed SUNBELT RENTALS ECO DEV -SOLAR LIGHT TOWER RENTAL BID EVENT 7/26-7/29/24 872.36 85036 08/21/24 Printed SURVEILLANCE INTEGRATION INC. PD -MAINTENANCE YARD VIDEO SECURITY FULL SERVICE PROTECTION PLAN 9/1/24-8/31/25
8,000.00
85037 08/21/24 Printed SWANSON-FAHRNEY FORD SALES INC FD -RADIATOR REPAIR AMB 550 1,920.40 85038 08/21/24 Printed TEC WEST, INC. HR -ADMIN ASSIST,ACCOUNT CLERK PAYROLL CLERK 7/28/24-8/4/24
8,883.83
85039 08/21/24 Printed THE MOWER'S EDGE INC. FLEET -MOWER SUPPLIES 6,419.78 85040 08/21/24 Printed THOMAS J O'LAUGHLIN MD INC. FD -MEDICAL DIRECTOR SEPT 2024 500.00 85041 08/21/24 Printed TIFCO INDUSTRIES, INC. PW -LOCKOUT TAGS & DRILL SET 531.26 85042 08/21/24 Printed U.S. BANK EQUIPMENT FINANCE FIN -COPY MACHINE LEASES AUGUST 2024 2,496.27 85043 08/21/24 Printed UNITY IT PD -MANAGED SERVICE 7/1-7/31/24 4,650.80 85044 08/21/24 Printed PAUL VALENZUELA FD -AMBULANCE OVERPAYMENT REFUND 300.00 85045 08/21/24 Printed VALLEY SHREDDING LLC FIN -SHREDDING SERVICE CH 69.00 85046 08/21/24 Printed VERIZON FD -VEHICLE TRACKING JULY 2024 94.75 85047 08/21/24 Printed VERIZON WIRELESS FIN -CELL PHONES & AIRCARDS 6/19-7/18/24 2,646.02 85048-
85050
08/21/24 Printed VESTIS PW -UNIFORMS/TOWELS/FIRST AID 7/4-7/25/24 1,357.81 85051 08/21/24 Printed RONALD J. VILORIA / RJ'S LINOLEUM
SERVICE
FD -FIRE ADMIN FLOOR REPLACEMENT 40,340.00
85052 08/21/24 Printed DANIEL VIVEROS / D&G FENCE PW -BRENTLINGER PARK FENCE REPLACEMENT PROGRESS PAYMENT #1 6/25-7/31/24
64,424.49
85053 08/21/24 Printed RICK WATSON / YELLOW DOG SIGNS &
GRAPHICS
ECO DEV -AMBERWOOD SIGN 1,172.58
85054 08/21/24 Printed WILLDAN ENGINEERING ENG -PROFESSIONAL SERVICES DIF UPDATE 5/25-6/30/24 680.00 85055 08/21/24 Printed WILSON FIRE SPRINKLER, INC. PW -SENIOR CENTER FIRE SPRINKLER REPAIRS 3,209.00 85056 08/21/24 Printed WREN WILSON ART C -STALE DATED CHECK FROM 2022 RE-ISSUE FOR
CHOREOGRAPHY FOR MOANA JR
150.00
TOTAL 682,537.45
Grant: G PD State Appropriation: PDSA (457) Reimbursement: R September 16, 2024 Council Packet Page 31
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:
ITEM NO: 1.
SUBJECT: Mid Valley Disposal Update Regarding Alley Pickup Transition to Curbside, Billing Adjustments For Specific Properties, Walk-In Service, and Customer Service Statistics
BACKGROUND:
At the July 1
st City Council meeting, City staff was asked to work with Mid-Valley Disposal on collecting data regarding alley trash pickup, particularly around schools and other areas with potential traffic safety concerns.
DISCUSSION:
Mid-Valley Disposal will provide Council with a presentation identifying ways in which potential areas of concern have been addressed since Mid-Valley's roll-out in July. They will also discuss customer service call statistics.
FISCAL IMPACT: None.
RECOMMENDATION: This is an update and informational item only. _________/s/________________________________ _09/11/2024_____________ Michael Honn Public Works Director Date
_________/s/________________________________ _09/11/2024_____________ Fernando Santillan, City Manager Date
September 16, 2024
September 16, 2024 Council Packet Page 32
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: September 16, 2024
________________________________________________________________________________ ITEM NO: 2.
SUBJECT: Consideration of an Ordinance Establishing Anti-Camping and Removal and Storage of Personal Property Regulations – Introduction and First Reading ________________________________________________________________________________ DISCUSSION:
After the Supreme Court decision in Grants Pass v. Johnson, cities now have the power to enact and enforce anti-camping ordinances. Based on that power, Council, at the August 19th City Council meeting, has directed staff to draft an anti-camping ordinance.
The proposed anti-camping ordinance prohibits any person from camping in public places and in sensitive areas, including governmental facilities and parks. The anti-camping ordinance sets penalties for those who violate the ordinance, with increasing penalties for multiple violations. The ordinance also addresses removal and storage of personal property in cases of those who violate the anti-camping ordinance and in removal of encampments.
This is the first reading of the ordinance. Should any suggested changes be made the ordinance, Council could request those changes prior to the second reading and passage of the ordinance.
FISCAL IMPACT: None.
______________________________________________________________________________ RECOMMENDATION: Introduce and Waive the First Reading of the Ordinance Establishing Anti-Camping and Storage and Removal of Personal Property Regulations, and Set the Second Reading and Public Hearing for October 7, 2024. ______________________________________________________________________________ ______/s/_______________________________ September 11, 2024 Megan Crouch Date
City Attorney
______/s/_______________________________ September 11, 2024 Fernando Santillan Date
City Manager
September 16, 2024 Council Packet Page 33
ORDINANCE NO. 2024-7
AN ORDINANCE OF THE CITY OF SELMA ADDING CHAPTER 9-11
AND CHAPTER 8-12 RELATING TO CAMPING AND STORAGE OF
PERSONAL PROPERTY, TO THE CITY OF SELMA MUNICIPAL
CODE.
THE CITY COUNCIL OF THE CITY OF SELMA DOES ORDAIN AS FOLLOWS:
SECTION 1. Addition of Public Welfare Chapter. Chapter 9-11 of the Selma Municipal Code is added to read as follows:
CHAPTER 11
PUBLIC WELFARE
9-11-1: SITTING, LYING, SLEEPING OR CAMPING ON A PUBLIC PLACE
INCLUDING BUT NOT LIMITED TO SIDEWALKS, STREETS, ALLEYS, SENSITIVE AREAS OR WITHIN DOORWAYS PROHIBITED.
(a) No person may sit, lie, sleep or camp on a public place at any time. “Camp” shall be defined to include, but not be limited to; sitting, lying, storing or placing a tent on a public place. “Public Place” shall be defined to include, but not be limited to, sidewalks, streets, alleyways, or other public space.
(b) No person may sit, lie, sleep or camp in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk.
(c) No person may sit, lie, sleep or camp on a property designated as a sensitive use. For a property to be designated as a “sensitive use,” the property must be a School, Childcare Facilities, Public Park, Public Library, City Facility, Governmental Facility located in the City of Selma, Warming and Cooling Centers, and City-Permitted Shelters for the Unhoused. (d) In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises.
(e) A violation of this article is a misdemeanor, and upon conviction punishable by a fine of not exceeding one thousand dollars ($1,000.00) or by imprisonment in the Fresno County Jail for a period of not more than one year or by both such fine and imprisonment. In addition to the remedies set forth in Penal Code section 370, et seq., the City Attorney may institute civil actions to abate a public nuisance under this article. Any individual charged with violation of this article, in lieu of being taken to jail may, at the election of the citing police officer and with the consent of the individual, be taken to a facility providing social services related to mental health, housing, and/or substance abuse treatment. As an alternative to a fine or jail sentence, the City would encourage September 16, 2024 Council Packet Page 34
2 the Court to grant diversion or probation with a condition the offender complete a rehabilitation program.
(f) The City shall adhere to State law as it pertains to mobile and sidewalk vendors.
SECTION 2. Chapter 8-12 of the Selma Municipal Code is hereby added as follows:
CHAPTER 12: PUBLIC HAZARDS
8-12-1: STORAGE OF PERSONAL PROPERTY
The City enacts this section to balance the needs of the residents and public at large to access clean and sanitary public areas consistent with the intended uses for the public areas with the needs of the individuals, who have no other alternatives for the storage of personal property, to retain access to a limited amount of personal property in public areas. This section attempts to balance the needs of all of the City's residents.
8-12-2: DEFINITIONS
The definitions contained in this subsection shall govern the construction, meaning, and application of words and phrases used in this article.
(a)"Alley" means any Highway having a Roadway not exceeding 25 feet in width which is primarily for access to the rear or side entrances of abutting property. (b)"Bikeway" means all facilities that provide primarily for, and promote, bicycle travel. (c)"City Employee" means any full or part-time employee of the City of Selma, or a contractor retained by the City for the purpose of implementing this Section. (d)"Essential Personal Property" means any and all Personal Property that cumulatively is less than two cubic feet in volume, which, by way of example, is the amount of property capable of being carried within a backpack.
(e)"Excess Personal Property" means any and all Personal Property that cumulatively exceeds the amount of property that could fit in a 60-gallon container with the lid closed. (f)"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.
(g)"Parkway" means the area of the Street between the back of the curb and the Sidewalk that typically is planted and landscaped.
(h)"Person" means any individual.
September 16, 2024 Council Packet Page 35
3 (i)"Personal Property" means any tangible property, and includes, but is not limited to, goods, materials, merchandise, Tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents, and medication. (j)"Public Area" or "Public Areas" means all property that is owned, managed or maintained by the City, and shall include, but not be limited to, any Street, medial strip, space, ground, building or structure.
(k)"Roadway" means that portion of a Highway improved, designed or ordinarily used for vehicular travel.
(l)"Sidewalk" means that portion of a Highway, other than the Roadway, set apart by curbs, barriers, markings or other delineation, for pedestrian travel. (m)"Storage Facility" means any facility, whether operated by a public, non-profit or private provider, which allows and has capacity for voluntary storage, free of charge, for a homeless person to store Personal Property up to the equivalent of the amount of property that would fit into a single 60-gallon container with the lid closed.
(n)"Store", "Stored", "Storing" or "Storage" means to put Personal Property aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a Public Area. Moving Personal Property to another location in a Public Area or returning Personal Property to the same block on a daily or regular basis shall be considered Storing and shall not be considered to be removing the Personal Property from a Public Area. This definition shall not include any Personal Property that, pursuant to statute, ordinance, permit, regulation or other authorization by the City or state, is Stored with the permission of the City or state on real property that is owned or controlled by the City.
(o)"Street" includes every Highway, avenue, lane, Alley, court, place, square, Sidewalk, Parkway, curbs, Bikeway or other public way in this City which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. (p)"Tent" means a collapsible shelter made of fabric such as nylon or canvas or a tarp stretched and sustained by supports, which is not open on all sides, and which hinders an unobstructed view behind or into the area surrounded by the fabric. In order to qualify as a Tent for purposes of this subsection, a Tent, when deconstructed, must be able to fit within a 60-gallon container with the lid closed.
(q)"Unattended" means no Person is present with the Personal Property who asserts or claims ownership over the Personal Property. Conversely, property is considered "Attended" if a Person is present with the Personal Property and the Person claims ownership over the Personal Property.
September 16, 2024 Council Packet Page 36
4 8-12-3: REGULATION AND IMPOUNDMENT OF STORED PERSONAL PROPERTY; DISCARD OF CERTAIN STORE PERSONAL PROPERTY.
(a)No person shall Store any Unattended Personal Property in a Public Area. With pre-removal notice as specified in Section 8-12-4(a), the City may impound any unattended Personal Property in a Public Area, regardless of volume. Post-removal notice shall be provided as set forth in Section 8-12-4(b), below.
(b)No Person shall Store any Attended Excess Personal Property in a Public Area. With preremoval notice as specified in Section 8-12-4(a), the City may impound any Attended Excess Personal Property Stored in a Public Area. Post-removal notice shall be provided as set forth in Subsection 8-12-14(b).
(c)No Person shall Store any Personal Property in a Public Area in such a manner as to obstruct City operations, including a Street or Sidewalk maintenance or cleaning. Without prior notice, the City may temporarily move Personal Property, whether Attended or Unattended, which is obstructing City operations in a Public Area, including a Street or Sidewalk maintenance or cleaning, during the time necessary to conduct the City operations. The City may also impound Personal Property that is obstructing City operations in a Public Area, pursuant to Sections 8-12- 3(a) or 8-12-3(b).
(d)No Person shall Store any Personal Property in a Public Area in such a manner that it does not allow for passage as provided by the Americans with Disabilities Act of 1990, Pub. L. No. 101- 336, 104 Stat. 328 (1990), as amended from time to time. Without prior notice, the City may move and may immediately impound any Personal Property, whether Attended or Unattended, Stored in a Public Area in such manner that it does not allow for the passage as required by the ADA. Postremoval notice shall be provided as set forth in Section 8-12-4(b). A violation of this section is governed by Section 9-11-1
(e). No Person shall Store any Personal Property, whether Attended or Unattended, within:
(1)10 feet of any operational or utilizable driveway or loading dock; (2)5 feet of any operational or utilizable building entrance or exit; or (3)2 feet of any fire hydrant, fire plug, or other fire department connection.
Without prior notice, the City may move or may immediately impound any Personal Property, whether Attended or Unattended, Store in a Public Area in violation of this section. Post-removal notice shall be provided as set forth in Section 8-12-4 of this Code. (f)No Person shall Store any Personal Property in a Public Area that has a clearly posted closure time. Without prior notice, the City may remove and impound Personal Property, whether Attended or Unattended, Stored in a Public Area that has a clearly posted closure time, provided the Personal Property is removed and impounded after the posted closure time. Post-removal notice shall be provided as set forth in Section 8-12-4(b).
September 16, 2024 Council Packet Page 37
5 (g) No Person shall Store any Personal Property in a Public Area if the Personal Property, whether Attended or Unattended constitutes an immediate threat to the health or safety of the public.
Without prior notice, the City may remove and may discard any Personal Property Stored in a Public Area if the Personal Property poses an immediate threat to the health or safety of the public. (h) No Person shall Store any Personal Property in a Public Area if the Personal Property, whether Attended or Unattended, constitutes evidence of a crime or contraband. Without prior notice, the City may remove and discard any Personal Property that constitutes evidence of a crime or contraband, as permissible by law.
(i)No Person shall Store any Personal Property, whether Attended or Unattended, in such a manner that obstructs or interferes with any activity in a Public Area for which the City has issued a permit.
Without prior notice, the City may move any Personal Property Stored in a Public Area in violation of this section. With pre-removal notice as specified in Section 8-12-4(a), the City may impound any Personal Property Stored in violation of this section. Post-removal notice shall be provided as set forth in Section 8-12-4(b). A violation of this section is governed by Section 9-11-1 of this Code.
(j)No Person shall Store any Personal Property, whether Attended or Unattended, in such a manner as to obstruct any portion of a street or other public right-of-way open to use by motor vehicles, a designated bike lane or bike path, or other public right-of-way open exclusively to use by bicycles.
Without prior notice, the City may move and may immediately impound any Personal Property, whether Attended or Unattended, in violation of this section. Post-removal notice shall be provided as set forth in Section 8-12-4(b). A violation of this section is governed by Section 9-11-1 of this Code.
(k)No Person shall Store any Personal Property, whether Attended or Unattended, in violation of Section 9-11-1 of this Code. The City may move and may immediately impound any Personal Property, whether Attended or Unattended, in violation of this section. Pre-removal notice and post-removal will be provided by erecting signage providing notice that Storage of Personal Property is a violation of 9-11-1, which may result in removal or impoundment of the Personal Property. The signage must also provide information on retrieval of the Personal Property and provide notice that the Personal Property may be discarded, if not claimed within 60 days. A violation of this section is governed by Section 9-11-1 of this Code. 8-12-4: NOTICE
(a) Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is provided to the Person who is Storing or claims ownership of the Personal Property or is posted conspicuously on or near the Personal Property and the actual removal commences no more than 24 hours after the pre-removal notice is posted. The written notice shall contain the following:
(1) A general description of the Personal Property to be removed.
September 16, 2024 Council Packet Page 38
6 (2) The location from which the Personal Property will be removed.
(3) The date and time the notice was posted.
(4) A statement that the Personal Property has be stored in violation of Section 8-12-3. (5) A statement that the Personal Property may be impounded if not removed from Public Areas within 24 hours.
(6) A statement that moving Personal Property to another location in a Public Area shall not be considered removal of Personal Property from a Public Area. (7) The address where the removed Public Property will be located, including a telephone number and the internet website of the City through which a Person may receive information as to impounded Personal Property as well as information as to voluntary storage location(s).
(8) A statement that impounded Personal Property may be discarded if not claimed within 60 days after impoundment.
(b) Post-Removal Notice. Upon removal of Stored Personal Property, written notice shall be conspicuously posted in the area from which the Personal Property was removed. The written notice shall contain the following:
(1) A general description of the Personal Property removed. (2) The date and approximate time the Personal Property was removed. (3) A statement that the Personal Property has been stored in violation of Section 8-12-3. (4) The address where the removed Personal Property will be located including a telephone number and internet website of the City through which a Person may receive information as to impound Personal Property.
(5) A statement that impounded Personal Property may be discarded if not claimed within 60 days after impoundment.
(c) Personal Property shall be defined as, set forth in Section 8-12-2(i) of the Selma Municipal Code.
8-12-5: STORAGE AND DISPOSAL
(a) Except as specified herein, the City shall move Personal Property to a place of storage.
September 16, 2024 Council Packet Page 39
7 (b) Except as specified herein, the City shall store impounded Personal Property for 60 days, after which time, if not claimed, may be discarded. The City shall not be required to undertake any search for, or return, any impounded Personal Property store for longer than 60 days. (c) The City shall maintain a record of the date any impounded Personal Property was discarded.
SECTION 3. 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 4. This ordinance shall take effect thirty (30) days after its passage.
SECTION 5. 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 for the city of Selma do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Selma held on the ___ day of ___________ of 2024, and passed and adopted at a regular meeting of the City Council held on the ___ day of ____________ 2024, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________________
Scott Robertson
Mayor
ATTEST:
____________________________________
Reyna Rivera
City Clerk
APPROVED AS TO FORM:
____________________________________
Megan N. Crouch
City Attorney
September 16, 2024 Council Packet Page 40
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: September 16, 2024
_________________________________________________________________________________ ITEM NO: 3.
SUBJECT: Overview of the Abatement Process for 2259 Alton Street _________________________________________________________________________________ BACKGROUND:
On September 3, 2024, the City Council requested a summary of the code enforcement and abatement process for the residence located at 2259 Alton Street.
DISCUSSION:
The home at 2259 Alton Street has been an ongoing code enforcement case in which City staff has progressed through the administrative citation process and recently obtained an abatement warrant from the Fresno County Superior Court.
When the initial code enforcement case was opened, City staff attempted to contact the property owner listed on the current assessment roll, as required by the Municipal Code.
However, the multiple attempts to make contact resulted in the discovery that the owner had passed away and his next-of-kin were managing the property.
As is typical practice, City staff attempts to work with the owner or their designated agent, such as their children, to obtain compliance with local rules. However, due to the lack of progress made by the responsible party, City staff progressed through the administrative citation process as outlined within the Municipal Code and worked with the City Attorney’s office to obtain an abatement warrant for the property. A timeline of the code enforcement case (CODE #24-20) and abatement activities is as follows:
• 2/26/2024 - Initial site inspection
• 2/26/2024 - Courtesy letter sent to the property owner for multiple violations o Abandoned Vehicle
o Property Maintenance
o Health and Safety Violation
• 3/11/2024 – 2
nd Courtesy Letter sent to property owner for multiple violations • 4/01/2024 – 1
st Administrative Citation issued
• 4/05/2024 – 2
nd site inspection
• 4/05/2024 – 2
nd Administrative Citation issued
• 4/12/2024 – 3
rd site inspection
Following the 3rd site inspection, the City Attorney’s office was contacted regarding obtaining an abatement warrant to address the issues on site, as the property owner was non-responsive to the notices and fines sent by the City. The following is a timeline to obtain the abatement warrant through the Fresno County Superior Court:
September 16, 2024 Council Packet Page 41
• 8/23/2024 – Petition for Abatement Warrant & Proof of Service filed with Court officially.
• 8/23/2024 – Declaration of Code Enforcement Officer & Proof of Service filed. • 8/23/2024 – Proposed Order for Abatement Warrant filed. • 8/28/2024 – Petition for Abatement Warrant & Proof of Service accepted by Court. • 8/28/2024 – Declaration of Code Enforcement Officer & Proof of Service accepted by Court.
• 8/29/2024 – Order for Abatement Warrant signed by Judge. • 9/05/2024 – Proof of Service: Order for Abatement Warrant filed. • 9/10/2024 –Proof of Service: Order for Abatement Warrant accepted by Court.
In accordance with the abatement warrant terms and proof of service to appropriate parties, the City may proceed with abatement activities no earlier than October 5, 2024, and the work must be completed within ten days (October 15, 2024). The City is currently obtaining bids from qualified contractors and plans to schedule the work immediately after selecting a responsive bidder.
FISCAL IMPACT:
While a lien will be placed on the property, the impact to the General Fund will be determined by the bids received for the abatement work as well as how soon the expenditure of funds can be recovered from the property owners. It is possible that, despite the lien, the City would not recover the expended funds for many years until the property is sold and the lien is paid off. ______________________________________________________________________________ RECOMMENDATION: Information only, per Council’s request. ______________________________________________________________________________ ______/s/_______________________________ September 8, 2024 ____________ Tim Cannon Date
Police Commander
______/s/_______________________________ September 8, 2024 ____________ Rudy Alcaraz Date
Police Chief
______/s/_______________________________ September 8, 2024 ____________ Fernando Santillan Date
City Manager
September 16, 2024 Council Packet Page 42
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: _________________________
ITEM NO: 4.
SUBJECT: Graffiti Abatement Process Presentation and Consideration of a Resolution Establishing a $2,500 Graffiti Abatement Revolving Loan Fund BACKGROUND:
At the August 19th Council meeting, the Council inquired about the possibility of starting a city fund that could help citizens experiencing hardship borrow monies to paint graffiti on their property fences.
DISCUSSION:
Staff recommends the adoption of a graffiti abatement revolving fund loan program, as follows:
Paint coverage and program details
• Cement/Block Wall Coverage:
− Cement or block walls require 1 gallon of paint for every 300-400 square feet.
• Wood Fence Coverage:
− Wood fences require 1 gallon for every 400 square feet.
The design of the program would allow a citizen to borrow up to $300.00 to purchase the materials needed for the removal/cover up of graffiti. This money could be borrowed upfront to make the purchases or could be reimbursed when a receipt is provided by the citizen who made the purchase. This would allow for residents with the capacity to make the material purchase immediately to be reimbursed quickly in order to avoid any potential financial hardships as a result of the graffiti.
All requests for financing will be verified by either producing before/after photos that depict the area affected, or by an in-person site visit by Public Works and/or Code Enforcement staff prior to funds being released.
Re-Payment terms:
• $0-$150.00 (Payment schedule is three (3) months limit for reimbursement) • $150.00-$300.00 (Payment schedule is six (6) months limit for reimbursement) September 16, 2024
September 16, 2024 Council Packet Page 43
If a continued hardship persists with any citizen, the city will work with them to formulate a new payment plan that will allow the citizen relief for a short time until payment can be achieved. If a citizen refuses to re-pay the borrowed monies for any reason other than financial hardship, the City will then begin a lien process within the confines of the law, to recover any and all funds not repaid.
All borrowed money will be accounted for through the City’s Finance Department, but will be allocated with oversight from Public Works. A payment schedule for each borrower will be generated to facilitate complete oversight and enforce repayment.
FISCAL IMPACT: $2,500.00 from the General Fund as a one-time allocation, which will revolve as funds are repaid by borrowers.
RECOMMENDATION: Receive Code Enforcement’s Graffiti presentation and Approve a Resolution establishing funding of $2,500.00 for the Citizen Graffiti Removal Revolving Loan Fund, and allow staff to create the specific terms, as stated herein, as well as the repayment methods that will allow for implementation of this program. _______/s/__________________________________ _09/12/2024_____________ Michael Honn, Public Works Director Date
_______/s/__________________________________ _09/12/2024_____________ Fernando Santillan, City Manager Date
September 16, 2024 Council Packet Page 44
RESOLUTION NO. 2024 – ___R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA, CALIFORNIA,
ESTABLISHING A GRAFFITI ABATEMENT REVOLVING LOAN FUND
WHEREAS, the City of Selma (City) has implemented several programs providing loan funding for activities that benefit the community, by enhancing the overall aesthetic environment and combating the negative impacts of vandalism, including graffiti; and WHEREAS, the City recognizes that graffiti negatively affects property values, community pride, and public safety, and that covering graffiti in a timely manner contributes to the beautification of the City and improves the quality of life for its residents; and WHEREAS, the City Council seeks to establish a revolving loan fund to assist citizens, particularly those facing financial hardship, by providing interest-free loans for the purchase of materials required for graffiti removal on private properties; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by reference.
Section 2. The City Council hereby appropriates the amount of $2,500 from the General Fund to establish a revolving loan fund for graffiti abatement purposes. This fund will allow property owners or tenants to borrow up to $300 for graffiti removal materials, with repayment terms ranging from three (3) to six (6) months based on the loan amount.
Section 3. The City Council directs staff to create the specific terms, as stated herein, as well as the re-payment methods that will allow for implementation of this program.
Section 4. 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.
Section 5. 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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Selma on this 16th day of September, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
September 16, 2024 Council Packet Page 45
___________________________
Scott Robertson, Mayor
ATTEST:
___________________________________
Reyna Rivera, City Clerk
September 16, 2024 Council Packet Page 46
September 16, 2024 Council Packet Page 47
September 16, 2024 Council Packet Page 48
••••
September 16, 2024 Council Packet Page 49
•••
September 16, 2024 Council Packet Page 50
September 16, 2024 Council Packet Page 51
••••
September 16, 2024 Council Packet Page 52
•
September 16, 2024 Council Packet Page 53
•••
September 16, 2024 Council Packet Page 54
••••
September 16, 2024 Council Packet Page 55
September 16, 2024 Council Packet Page 56
•
September 16, 2024 Council Packet Page 57
September 16, 2024 Council Packet Page 58
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:
ITEM NO: 5.
SUBJECT: Designation of Voting Delegate and Consideration of League Bylaws Amendments for League of California Cities Annual Conference DISCUSSION: Each year, prior to the League of California Cities annual conference, all cities are required to designate voting delegate(s). These delegates are authorized to vote on behalf of their city on all League ordinances, resolutions, by-law amendments, or policy changes. This year, the conference is scheduled from October 16, 2024, to October 18, 2024, in Long Beach. Mayor Robertson, along with Council Members Trujillo, Mendoza-Navarro, and Guerra, will be attending the conference.
In addition to designating a voting delegate and alternates, the City Council will need to consider its position on a proposed resolution, which will be voted on during the conference’s business meeting. The resolution calls for the California Legislature to enact laws ensuring that "what applies to one, applies to all," advocating for the fair and equal treatment of all government officials at all levels in California. Specifically, the resolution would prohibit the California Legislature from enacting any law or regulation that applies solely to elected officials of California cities and counties unless it also applies equally to members of the California State Assembly and Senate. This would not apply to laws or regulations concerning the inherent powers of the legislative branch under the California Constitution.
RECOMMENDATION: 1) Appoint a voting delegate and alternate for the League of California Cities annual conference by motion and roll call vote; 2) Provide direction to the voting delegate(s) on the city's position regarding the proposed resolution. _______/s/________________________________ 09/05/24__________ Reyna Rivera, City Clerk Date
_______/s/________________________________ 09/05/24__________ Fernando Santillan, City Manager Date
September 16, 2024
September 16, 2024 Council Packet Page 59
2023-2024
CAL CITIES OFFICERS
President
Daniel T. Parra
Mayor
Fowler
First Vice President
Lynne Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Second Vice President
Gabe Quinto
Council Member,
El Cerrito
Immediate Past President
Ali Sajjad Taj
Mayor Pro Tem,
Artesia
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 28, 2024
TO: Mayors, Council Members, City Managers, and City Clerks RE: Cal Cities 2024 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the Aug. 17 deadline.
The attached packet contains the proposed resolution, supporting letters from city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process.
We encourage each city council to consider the resolution and determine a city position so your voting delegate can represent your city’s position on the resolution.
Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Sept. 25. The voting delegate packet contains more information.
The Cal Cities 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center during the Annual Conference and Expo.
For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
September 16, 2024 Council Packet Page 60
2024
Resolutions
Packet
September 16, 2024 Council Packet Page 61
2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.
A list of recommendations the policy committee may make during its meeting are on page three of this packet.
Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.
The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.
A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.
Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.
Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.
Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 September 16, 2024 Council Packet Page 62
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2 September 16, 2024 Council Packet Page 63
2024 Resolutions Packet
Policy Committee and Resolutions Committee Actions
The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution.
Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve Amend and approve
Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)
Additional amendments and refer to
appropriate policy committee for
further study*
*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly. 3 September 16, 2024 Council Packet Page 64
2024 Resolutions Packet
General Assembly Voting and Discussion Procedures
Discussion Procedures:
Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.
For General Resolutions:
Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly
For Petitioned Resolutions:
Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly
Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote.
Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.
Voting Procedures:
Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.
4 September 16, 2024 Council Packet Page 65
2024 Resolutions Packet
2024 Resolution
1. Resolution on Fair and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
5 September 16, 2024 Council Packet Page 66
2024 Resolutions Packet
Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora
6 September 16, 2024 Council Packet Page 67
2024 Resolutions Packet
1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF
CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE
FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL
LEVELS IN THE STATE OF CALIFORNIA
Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Governance, Transparency and Labor Relations Policy Committee
WHEREAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:
California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California; Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials; 7 September 16, 2024 Council Packet Page 68
2024 Resolutions Packet
Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;
Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.
WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”
NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.” 8 September 16, 2024 Council Packet Page 69
2024 Resolutions Packet
Resolution No. 1: Letters of
Concurrence
9 September 16, 2024 Council Packet Page 70
July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.
Sincerely,
Michael Allawos
Council Member
City of Glendora
10 September 16, 2024 Council Packet Page 71
11 September 16, 2024 Council Packet Page 72
12 September 16, 2024 Council Packet Page 73
13 September 16, 2024 Council Packet Page 74
14 September 16, 2024 Council Packet Page 75
15 September 16, 2024 Council Packet Page 76
2024 Resolutions Packet
Resolution No. 1: Staff Analysis
16 September 16, 2024 Council Packet Page 77
League of California Cities Staff Analysis on Resolution No. 1 Staff: Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:
This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:
This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.
Ralph M. Brown Act
The California Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.
The Ralph M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 September 16, 2024 Council Packet Page 78
9027 governs the state Legislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).
Although fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.
Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.
California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.
SB 174 (Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.
Over the years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.
The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 September 16, 2024 Council Packet Page 79
proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.
The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. Chapter 556, Statutes of 2019 established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.
The Resolution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.
Fiscal Impact:
Unknown.
Existing Cal Cities Policy:
Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
19 September 16, 2024 Council Packet Page 80
• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.
Comments:
Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced, which requires local governments to present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.
Additionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.
AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.
Applying to elected officials or to the legislative body? Legislature or the State? The resolution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”
This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.
Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 September 16, 2024 Council Packet Page 81
of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.
Support:
The following letters of concurrence were received:
April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes
21 September 16, 2024 Council Packet Page 82
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: September 16, 2024
_________________________________________________________________________________ ITEM NO: 6.
SUBJECT: Proposed Schedule for City Council Special Joint Workshop to Review the Downtown Strategic Plan Public Draft Document
________________________________________________________________________________ BACKGROUND: The City of Selma contracted Raimi and Associates to develop the Downtown Strategic Plan. The project began with an in-depth analysis of Downtown Selma's current economic conditions and utility infrastructure. During the week of January 22, Raimi held a stakeholder meeting, followed by an in-person workshop with the Downtown Business Improvement District (BID). The workshop included an introductory presentation on the plan’s purpose, its alignment with ongoing city initiatives, and its connection to broader projects such as the city’s rebranding and the zoning ordinance update. The presentation also covered the plan’s duration and provided details on the charrette process.
The following day, Raimi and AMI Concepts hosted an open house in the Arts Center Lobby, offering group interviews for downtown property and business owners. Walk-ins were also welcome to ask questions and provide feedback. Raimi is continuing interviews by phone to gather further insights.
To ensure the Downtown Strategic Plan reflects the needs of those who use downtown, Raimi held a two-day charrette at the Selma Library on May 17 and 18. The event featured an open gallery showcasing various concepts for downtown improvements, such as lighting, activation, shading, and wayfinding. Raimi presented an update on the charrette at the July 1 Council meeting.
DISCUSSION: Staff is seeking the Council's availability on October 9, October 10 and October 14 from 4-6 pm to schedule a joint workshop with the Planning Commission and the Downtown Business Improvement District to review the Downtown Strategic Plan Draft Document.
FISCAL IMPACT: None.
______________________________________________________________________________ RECOMMENDATION: Staff seeks Council’s availability to schedule the Special Joint Workshop to review the Downtown Strategic Plan Public Draft Document. ______________________________________________________________________________ _______/s/________________________________ 09/06/24__________ Reyna Rivera, City Clerk
_______/s/________________________________ 09/06/24__________ Fernando Santillan, City Manager
September 16, 2024 Council Packet Page 83