Sales and Service Agreement - Low Voltage Service Inc., DBA Surveillance Integration.
1. SERVICES: Low Voltage Service Inc., DBA Surveillance Integration (hereinafter referred to as "Surveillance Integration") shall install, service, and warranty the system(s) as designed by Surveillance Integration and approved by Customer, in accordance with Surveillance Integration Proposal (attached).
2. INSTALLATION CHARGES: The Customer agrees to pay Surveillance Integration, its agents or assigns, the installation charge and, if applicable, the maintenance, and/or lease charge as listed in the Proposal, subject to the terms and conditions as listed in the Proposal and Sales and Service Agreement.
3. INSTALLATION, MAINTENANCE, SERVICE: Customer hereby authorizes and empowers Surveillance Integration to perform or cause to be performed the work necessary to fulfill the terms of this Agreement, including but not limited to installation, maintenance, inspection, testing, and repair of the systems on its premises. Such work shall be performed in a workmanlike manner in accordance with Surveillance Integration standard practices and shall be completed in accordance with a mutually agreed upon schedule, unless stated otherwise in the Proposal. The obligation of Surveillance Integration to provide service related to the maintenance of the system pertains solely to the items specified in the Bill of Materials as listed in the Proposal. Surveillance Integration is not obligated to maintain, repair, service, replace, operate or assure the operation of any device, system, or property belonging to Customer or to any third party to which such specified systems or components are attached, unless specifically agreed upon in the Proposal.
In order to protect Customer from losses resulting from, damage to, or destruction of Surveillance Integration systems, Customer shall include such systems in the coverage provided in its liability and fire insurance policies. Surveillance Integration will provide service availability in accordance with the coverage requirements listed in the Proposal and defined under "coverage type" while the equipment is located on the premises upon which it was installed. The service to be provided is intended to keep the equipment in, or restore the equipment to, good working order. Unscheduled, on-call remedial maintenance, is also to be provided by Surveillance Integration under this Agreement as necessary. Service provided by Surveillance Integration under this Agreement does not assure against, nor does Surveillance Integration assume any liability for, interruptions in operation of the equipment covered by this Agreement. When covered by our Full Service Agreement, the service also includes preventative maintenance based upon the specific needs of the individual equipment as determined by Surveillance Integration
4. ACCESS: Surveillance Integration technicians shall have full and free access upon their arrival to the equipment covered under this Agreement to provide service thereon.
5. OWNERSHIP: For existing installations, the Customer represents that it is the owner of the equipment to be serviced under this Agreement, or, if not the owner, has authority from the owner to include such equipment under this Agreement.
6. OPERATION: Customer represents and agrees to properly test the system and other electronic supported equipment. Customer is to notify Surveillance Integration promptly if customer requires Surveillance Integration service. If a request for service is made by the Customer, the Customer agrees to pay service charge at the prevailing rate per occurrence.
7. DELAYS - INTERRUPTION OF SERVICE: Surveillance Integration shall not be liable for any delays, however caused, or for interruptions of service caused by strikes, riots, floods, acts of God, loss of communication and or other signal transmission lines, or by any event beyond the control of Surveillance Integration. Surveillance Integration will not be required to furnish service to Customer while such interruption shall continue.
8. EQUIPMENT COVERED: Refer to attached Proposal or Rider "A," as applicable.
9. EXCLUSIONS: Services to be provided by Surveillance Integration pursuant to this Agreement do not include:
a) Repair of damage or increase in service time caused by failure to continually provide a suitable operating environment with all facilities as prescribed by Surveillance Integration and/or the equipment manufacturer, including, but not limited to, the failure to provide, or the failure of, adequate and regulated electrical power, air conditioning or humidity control; or such special requirements as contained in Rider "A" or the Proposal hereto. b) Repair of damage or increase in service time caused by use of the equipment for other than the ordinary use for which the equipment was designed or purpose for which it was intended.
c) Repair of damage, replacement parts (due to other than normal wear) or repetitive service calls caused by the use of unauthorized equipment, software, or supplies.
d) Repair of damage or increase in service time caused by: accident, disaster, which shall include, but not be limited to, fire, flood, water, wind and lightning; transportation, neglect or misuse, alterations, which shall include, but not be limited to, any deviation from Surveillance Integration physical, mechanical or electrical machine design; attachments, which are defined as the mechanical, electrical or electronic interconnecting to nonSurveillance Integration equipment and devices not supplied by Surveillance Integration. e) Repair of damage caused by network intrusion or unauthorized internet access.
10. ADDITIONAL CHARGES: Unless otherwise specified in the Proposal, service charges for the system are based upon coverage as specified in the "hours of operation." Service performed outside this window, or as a result of the failure of the Customer to adhere to the requirements as specified by either the manufacturer or outside the scope of the Agreement, shall be chargeable at Surveillance Integration prevailing rates. Customer shall not tamper with, adjust, alter, move, remove, or otherwise interfere with equipment without Surveillance Integration specific permission, nor permit the same by other Contractors. Any work performed by Surveillance Integration to correct Customer's breach of the foregoing obligation shall be corrected and paid for by Customer at Surveillance Integration prevailing rates. Remedial maintenance due to Acts of God or events beyond the control of Surveillance Integration shall be corrected by Surveillance Integration and paid for by Customer in accordance with Surveillance Integration prevailing rates.
Surveillance Integration shall have the right to increase or decrease the periodic service charge provided above at any time or times after the expiration of one year from the date service is operative under this Agreement, upon giving Customer written notice thirty (30) days in advance of the effective date of such increase or decrease.
October 7, 2024 Council Packet Page 192
11. INDEMNIFICATION: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant, including the performance of on-site services at the City, or by any individual or agency for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
12. RENEWAL: The Service Agreement portion of these conditions is self-renewing for the term provided herein and at the prices in effect as of the date of renewal unless modified or canceled by either party in writing not less than thirty (30) days prior to the expiration date of this Agreement.
13. TERMINATION/PAYMENT: Surveillance Integration has the option to terminate this agreement for cause should any payment due from Customer to Surveillance Integration remain overdue for a period of more than thirty (30) days. Should Surveillance Integration elect to exercise such cancellation option, said exercise shall be in writing, sent by certified mail, return receipt requested, and such cancellation shall be effective upon receipt.
14. SUCCESSORS: The Agreement is not assignable by Customer except upon the written consent of Surveillance Integration, which consent will not unreasonably be withheld.
15. ENTIRE AGREEMENT: This Agreement is to govern the providing of services by Surveillance Integration to Customer as described herein. Nothing in this Agreement is to be construed as creating a lease or a leasehold agreement between the parties. This Agreement is not binding unless approved in writing by an authorized representative of Surveillance Integration. If approval is not obtained, the only liability of Surveillance Integration shall be to return to Customer the amount, if any, paid to Surveillance Integration upon the signing of the Agreement by its Sales Representative. This writing, together with any individually signed acceptance of Proposals, rider, other attachments pertaining to this Agreement is intended by the parties as the final expression of their agreement with respect to the subject matter contained herein and also as the complete and exclusive statement of the terms and such Agreement, notwithstanding any prior, contemporaneous or subsequent purchase order or other document relating to said subject matter. There is no course of dealing or usage of the trade what would supplement or conflict with its terms. This Agreement may only be amended in writing signed by both parties.
16. JURISDICTION: The laws of the State of California will govern This Agreement.
Low Voltage Service Inc., DBA
Company Name (End-User) Surveillance Integration
Authorized By (Print) Surveillance Integration Representative Authorized Signature Surveillance Integration Representative (Signature) Date Date
October 7, 2024 Council Packet Page 193
Proposal
Proposal Date: 12/28/2023
Proposal #: SI-15184
Bill To:
City Of Selma
1710 Tucker Street
Selma, CA. 93662
Business License #6614
Surveillance Integration
4570 E. Pine Avenue
Fresno, CA 93703
Project:
Web Site
www.survint.com
Total
Description Est. Hours/Qty. U/M Rate Total
COMMUNITY VIDEO POLICING AND
WIRELESS NETWORK WHICH SERVES
SELMA'S COMMUNITY VIDEO POLICING.
FULL SERVICE PROTECTION PLAN:
(includes labor and travel)
(This service contract is set apart from service
contract for New Selma Police Department
Building)
ONE YEAR SERVICE AGREEMENT:
SEPTEMBER 1, 2024 TO AUGUST 31, 2025
1 43,800.00 43,800.00
1. ALL VIDEO SECURITY CAMERAS AND
ASSOCIATED EQUIPMENT i.e. switches.
2. ALL WIRELESS EQUIPMENT
3. TW0 COMMUNITY NVR SERVERS
COVERAGE IS FOR EQUIPMENT SOLD AND
INSTALLED BY SURVEILLANCE INTEGRATION
PRIOR TO DECEMBER 31, 2023
* 2ND YEAR, (12-MONTHS) SEPTEMBER 1,
2025 TO AUGUST 31, 2026 ($48,700.00)
* (same coverage on equipment installed prior to
December 31, 2023)
INVOICING WILL BE IN ADVANCE FOR EACH
90-DAY PERIOD IN THE AMOUNT OF
$$10,950.00
Sales Tax 8.475% 0.00
$43,800.00
October 7, 2024 Council Packet Page 194
Proposal
Proposal Date: 12/28/2023
Proposal #: SI-15183
Bill To:
City Of Selma
1710 Tucker Street
Selma, CA. 93662
Business License #6614
Surveillance Integration
4570 E. Pine Avenue
Fresno, CA 93703
Project:
Web Site
www.survint.com
Total
Description Est. Hours/Qty. U/M Rate Total
NEW POLICE DEPARTMENT:
FULL SERVICE PROTECTION PLAN:
(includes labor and travel)
ONE YEAR SERVICE AGREEMENT,
SEPTEMBER 1, 2024 TO AUGUST 31, 2025
1 20,800.00 20,800.00
1. ALL VIDEO SECURITY EQUIPMENT.
2. ALL ACCESS CONTROL EQUIPMENT.
3. AUDIO INTERCOM EQUIPMENT.
EQUIPMENT SOLD AND INSTALLED BY
SURVEILLANCE INTEGRATION PRIOR TO
DECEMBER 31,2023
* 2ND YEAR, (12-MONTHS) SEPTEMBER 1,
2025 TO AUGUST 31, 2026 $25,700.00
* (same coverage on equipment installed prior to
December 31, 2023)
INVOICING WILL BE IN ADVANCE FOR EACH
90-DAY PERIOD IN THE AMOUNT OF $5,200.00
Sales Tax 8.475% 0.00
$20,800.00
October 7, 2024 Council Packet Page 195
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: October 7, 2024
_________________________________________________________________________________ ITEM NO: G.
SUBJECT: Consideration of a Resolution Accepting a Public Pedestrian Easement from MG Star Development, LLC, a California Limited Liability Company for Second Street at Young Street
_________________________________________________________________________________ BACKGROUND: MG Star Development, LLC is developing the parcel at the northwest corner of Second Street and Young Street. As a Condition (COA #74) of the approved Site Plan, the development was required to dedicate pedestrian easements for any portion of required public improvements not within the existing Street Right of Way. Portions of the proposed public sidewalk northwest corner of Second Street and Young Street are proposed beyond the existing Street Right of Way. A pedestrian easement was prepared and provided by the Developer for review and acceptance by Staff. Staff reviewed the submitted easement and determined it is technically correct for recording and acceptance by the City.
FISCAL IMPACT: No fiscal impact.
______________________________________________________________________________ RECOMMENDATION: Staff recommend that Council adopt a resolution to accept the public pedestrian easement dedication on behalf of the public. ______________________________________________________________________________ ____/s/_______________________________ 09/27/2024____________________ David Horn Date
City Engineer
____/s/_______________________________ 09/27/2024____________________ Jerome Keene Date
Deputy City Manager
____/s/_______________________________ 09/27/2024____________________ Fernando Santillan Date
City Manager
October 7, 2024 Council Packet Page 196
RESOLUTION NO. 2024 – ___R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,
CALIFORNIA ACCEPTING A PUBLIC PEDESTRIAN EASEMENT FROM MG
STAR DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
FOR SECOND STREET AT YOUNG STREET
WHEREAS, FMG Star Development, LLC, a California Limited Liability Company, (“Owner”) submitted a site plan review application for a new gas station and convenience store (“Development Project”) on the northwest corner of Second Street and Young Street, APN 388-141-14 (“Property”); and,
WHEREAS, one of the conditions of approval for the Development Project was for the dedication of public pedestrian easements for any required public improvements not contained within existing public street right-of-way; and, WHEREAS, the Owner has agreed to convey a portion of the Property deemed by the City Engineer as necessary for the public improvements to be constructed or maintained through a Public Pedestrian Easement; and,
WHEREAS, it is in the best interest of the City of Selma and its residents to accept the Deed of Easement; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Selma hereby finds, determines, and declares the following:
SECTION 1. The above recitals are true and correct;
SECTION 2. The Council accepts the Deed of Easement for public pedestrian easement purposes.
SECTION 3. Directs the City Clerk to complete and sign the Certificate of Acceptance for the Deed of Easement and submit the completed Deed to the Fresno County Recorder for recordation.
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.
The foregoing Resolution was approved and adopted at a regular meeting of the City Council of the Cityof Selma held on the 7
th day of October 2024 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
(Signatures on the following page)
October 7, 2024 Council Packet Page 197
____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Reyna Rivera
City Clerk
October 7, 2024 Council Packet Page 198
October 7, 2024 Council Packet Page 199
October 7, 2024 Council Packet Page 200
October 7, 2024 Council Packet Page 201
October 7, 2024 Council Packet Page 202
October 7, 2024 Council Packet Page 203
CHECK
NUMBER
CHECK
DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT 85057 09/04/24 Printed ABC COOLING & HEATING FIN -BUSINESS LIC OVERPAYMENT REIMBURSEMENT 89.00 85058 09/04/24 Printed ACTION TOWING AND DIVE TEAM PD -VEHICLE STORAGE FOR VARIOUS CASES JULY 2024 372.00 85059 09/04/24 Printed ADVENTIST HEALTH TULARE PD -BLOOD SCREENING JULY 2024 200.00 85060 09/04/24 Printed MARK ALVES / ALVES ELECTRIC PW -INSTALLED GFCI RECEPTACLES 1ST & HIGH ST PARKING LOT 465.00 85061 09/04/24 Printed ASBURY ENVIRONMENTAL SERVICES FLEET - GASOLINE FILTERS & PAPER FILTERS FOR DRUMS 147.00 85062 09/04/24 Printed ASSOCIATED DESIGN & ENGINEERINGPW -SENIOR CENTER REPAIRS STRUCTURAL ENGINEERING R 3,123.35 85063 09/04/24 Printed AT&T FIN -TELEPHONE AUGUST 2024 39.70 85064 09/04/24 Printed AT&T ECO DEV -CVTC INTERNET SERVICE 8/6/24-9/5/24 R 121.29 85065 09/04/24 Printed AT&T FIN -INTERNET SERVICE 8/11/24-9/10/24 127.69 85066 09/04/24 Printed AT&T FIN -TELEPHONE 7/12/24-8/11/24 62.07 85067 09/04/24 Printed AT&T FIN -TELEPHONE 7/12/24-8/11/24 98.00 85068 09/04/24 Printed AT&T FIN -TELEPHONE 7/12/24-8/11/24 200.90 85069 09/04/24 Printed AT&T MOBILITY FIN -TELEPHONE MDT'S 7/1/24-7/31/24 389.07 85070 09/04/24 Printed AT&T MOBILITY FIN -TELEPHONE/MDT'S 7/12/24-8/11/24 1,780.94 85071 09/04/24 Printed BANNER PEST CONTROL INC FIN -PEST CONTROL AUG 2024 496.00 85072 09/04/24 Printed KAMARA BIAWOGI COMM DEV -APA CALIFORNIA CONFERENCE MILEAGE/PER DIEM 1,228.18 85073 09/04/24 Printed NATALIE BONILLA CODE ENF -ADMIN CITATION REFUND 60.00 85074 09/04/24 Printed LIANA J. BRIGHAM / PICTURE THIS
EMBROIDERY
PW -SUMMER CAPS 498.10
85075 09/04/24 Printed BROKEN DRUM INSULATION VISALIA PD -INSULATION AT ANIMAL SERVICES BUILDING 615.00 85076 09/04/24 Printed BUTTS EQUIPMENT CO. INC. PW -CHLORINE & MURIATIC ACID FOR SALAZAR SPLASH PARK 311.01 85077 09/04/24 Printed CALIFORNIA CHAPTER, AMERICAN
PLANNING ASSOCIATION
COMM DEV -APA CONFERENCE 9/28/24-10/1/24 1,650.00
85078 09/04/24 Printed CALIFORNIA PARK & RECREATION PW -MEMBERSHIP RENEWAL 150.00 85079 09/04/24 Printed CALIFORNIA TURF EQUIPMENT &
SUPPLY
PW -PARKS EQUIPMENT & MAINTENANCE SUPPLIES 2,946.75
85080 09/04/24 Printed CALIFORNIA WATER SERVICE FIN -WATER SERVICE JULY 2024 21,040.77 85081 09/04/24 Printed ROBBIE CAMPBELL PD -TRAFFIC COLLISION COURSE PER DIEM 9/23-9/27/24 R 60.00 85082 09/04/24 Printed CARROT-TOP INDUSTRIES, INC. PW -US FLAGS 778.44 85083 09/04/24 Printed CASCADE HEALTHCARE SERVICES FD -ACLS INSTRUCTOR TRAINING 1,644.00 85084 09/04/24 Printed CASTELLANOS SERVICES PW -REMOVED PINE TREE AT BRENTLINGER PARK 1,300.00 85085 09/04/24 Printed CENCAL AUTO & TRUCK PARTS, INC FLEET -AUTO PARTS 745.42 85086 09/04/24 Printed CENTRAL CALIFORNIA ELECTRONICS PW -PD FIRE ALARM MONITORING 7/1/24-9/30/24 120.00 85087 09/04/24 Printed CENTRAL SANITARY SUPPLY, LLC. PW -JANITORIAL SUPPLIES 1,005.88 85088 09/04/24 Printed CISCO SYSTEMS CAPITAL CRP FIN -MONTHLY LEASE PAYMENT 1,375.84 85089 09/04/24 Printed COMCAST FIN -T1 CONNECTION FROM PD TO FCSO 7/1/24-7/31/24 728.90 85090 09/04/24 Printed COMCAST FIN -INTERNET SERVICE 8/1/24-8/31/24 821.45 85091 09/04/24 Printed COMCAST FD -INTERNET SERVICE 8/11/24-9/10/24 422.79 85092 09/04/24 Printed CONSOLIDATED ELECTRICAL PW -LED T8 BULBS FOR SENIOR CENTER 608.39 85093 09/04/24 Printed CROWN SERVICES CORPORATION FD -PORT A POTTY FOR TRAINING GROUNDS 226.26 85094 09/04/24 Printed DATAPATH LLC IT -ANIMAL SERVICES SETUP PARTS/MATERIALS 2,691.40 85095 09/04/24 Printed JOHNATHAN DAVILA FD -EMT RECERTIFICATION 82.00 85096 09/04/24 Printed DELTA DENTAL OF CALIFORNIA HR -DENTAL CLAIMS 8/8/24 3,650.80 85097 09/04/24 Printed PAUL DEMMERS FD -PARAMEDIC RECERTIFICATION REIMBURSEMENT 298.00 85098 09/04/24 Printed DEPARTMENT OF JUSTICE PD -FINGERPRINTS JULY 2024 522.00 85099 09/04/24 Printed EBIX, INC. HR -WORKER'S COMPENSATION MANAGEMENT SOFTWARE 4,920.00 85100 09/04/24 Printed EDCO INDUSTRIES INC PW -BEE HIVE REMOVAL PIONEER VILLAGE TRAIN DEPOT 800.00 85101 09/04/24 Printed JAVIER EVARISTO / GARAGE DOOR
SKILLZ INC
PW -SERVICED ROLL UP DOOR AT FIRE STA 1 270.00
85102 09/04/24 Printed FRESNO COUNTY EDC ECO DEV -CVTC JUNE 2024 R 59,746.90 85103 09/04/24 Printed FRESNO COUNTY FIRE FD -EQUIPMENT REPAIRS E110 & E111 20,459.53 85104 09/04/24 Printed FRESNO COUNTY TREASURER REC -SATELLITE FOOD FACILITY & FLEET -HMBP PERMIT 478.90 85105 09/04/24 Printed FRESNO ECONOMIC OPPORTUNITIES REC -SENIOR MEALS JULY 2024 3,264.04 85106 09/04/24 Printed FRESNO OXYGEN FD -MEDICAL OXYGEN 608.71 85107 09/04/24 Printed FRESNO TRUCK CENTER INC PW -SWITCH UNIT#1318 45.01 85108 09/04/24 Printed GAR BENNETT LLC PW -IRRIGATION SUPPLIES 427.98 85109 09/04/24 Printed GCS ENVIRONMENTAL EQUIPMENT FLEET -GUTTER BROOM, SWITCH/MODULE FOR ST SWEEPER 5,588.95 85110 09/04/24 Printed GRENZ TPA INSURANCE ADMIN /
AMERICAN RIVER BENEFIT
HR -FIRE EMPLOYEE LIFE INS PREMIUMS SEPTEMBER 2024 47.32 85111 09/04/24 Printed GRIMCO, INC. PW -EQUIPMENT TRAINING FOR LATEX PRINTER 295.01 85112 09/04/24 Printed GRISWOLD, LASALLE, COBB, DOWD CITY ATTORNEY -LEGAL FEES JULY 2024 23,083.17 85113 09/04/24 Printed GUGU & ISHER VETERINARY INC /
SELMA PET CLINIC
PD -EXAMS 5/31/24 394.32
85114 09/04/24 Printed HALCORE GROUP, INC. FD -VOLTAGE ALARM SMART METER AMB 551 92.22 85115 09/04/24 Printed HENRY SCHEIN INC. FD -MEDICAL SUPPLIES 1,128.32 85116 09/04/24 Printed JOHN HERNANDEZ PD -TRAFFIC COLLISION COURSE PER DIEM 9/23/24-9/27/24 R 60.00 85117 09/04/24 Printed IMAGETREND INC. FD -EPCR SOFTWARE JULY 2024 495.88 85118 09/04/24 Printed J&S POOLS INC. PW -SERVICE CALL AT SALAZAR SPLASH PARK 225.00 85119 09/04/24 Printed J'S COMMUNICATION INC. PD -TECH SERVICES FOR 8 UNIT DOCKING INSTALLS 2,100.00 85120 09/04/24 Printed J. KROEKER INC. FIN -BUSINESS LIC OVERPAYMENT REIMBURSEMENT 89.00 85121 09/04/24 Printed JOHNSON & WOOD CONSTRUCTION
/ JWC COMMERCIAL
PW -PROGRESS PAYMENT #2 SENIOR CENTER R 203,189.88
85122 09/04/24 Printed KALMIKOV ENTERPRISES, INC. / FIRE
APPARATUS SOLUTIONS
FD -E110 REPAIRS 1,100.99
85123 09/04/24 Printed KINGS BASIN WATER AUTHORITY PLANNING -ASSESSMENT OF FISCAL YEAR 2025 MEMBER DUES 7,000.00
CHECK REGISTER REPORT
October 7, 2024 Council Packet Page 204
CHECK
NUMBER
CHECK
DATE STATUS VENDOR NAME CHECK DESCRIPTION CATEGORY AMOUNT
CHECK REGISTER REPORT
85124 09/04/24 Printed KINGS INDUSTRIAL OCCUPATION HR -PRE EMPLOYMENT PHYSICALS & DRUG TESTS 2,442.56 85125 09/04/24 Printed CLAUDIO LASO REC -SAC EVIL DEAD DIRECTOR STIPEND 300.00 85126 09/04/24 Printed LES SCHWAB TIRE CENTERS OF FLEET -VEHICLE/TIRE SERVICE 585.11 85127 09/04/24 Printed LIEBERT, CASSIDY, WHITMORE HR -LEGAL SERVICES JULY 2024 1,672.50 85128 09/04/24 Printed LIFE-ASSIST INC. FD -MEDICAL SUPPLIES 2,303.93 85129 09/04/24 Printed LUPE MACIAS COMM DEV -APA CALIFORNIA CONFERENCE MILEAGE/PER DIEM 1,317.84 85130 09/04/24 Printed MARCO A. GONZALEZ ENGINEERING PW -ASBESTOS TESTING PIONEER VILLAGE CHINESE HOUSING 4,200.00 85131 09/04/24 Printed CHRISTINA MCCOLLAM-MARTINEZ REC -SAC EVIL DEAD SET DESIGN 300.00 85132 09/04/24 Printed MEDLINE INDUSTRIES, INC. FD -MEDICAL SUPPLIES 404.45 85133 09/04/24 Printed METRO UNIFORM FD -REVOLVING ACCT R 437.97 85134 09/04/24 Printed DANIEL MURRIETA ECO DEV -BID SOCIAL MEDIA MANAGEMENT AUG-SEPT 2024 1,673.86 85135 09/04/24 Printed NATIONAL TRAINING CONCEPTS INC PD -NTC FIREARMS/TACTICAL RIFLE COURSE 10/22-10/25/24 557.00 85136 09/04/24 Printed OASIS POOL INC FIN -BUSINESS LIC OVERPAYMENT REIMBURSEMENT 134.00 85140 09/04/24 Printed ODP BUSINESS SOLUTIONS LLC ADMIN -OFFICE SUPPLIES 1,828.48 85141 09/04/24 Printed OOSOSHARP, LLC FD -AMBULANCE BILLING JULY 24 17,416.89 85142 09/04/24 Printed CHRISTOPHER ORTIZ-BELCHER REC -SAC 2023/2024 SEASON GRAPHIC DESIGNER FINAL PAYMENT 1,350.00 85143 09/04/24 Printed PG&E FIN -UTILITIES AUGUST 2024 77.43 85144 09/04/24 Printed PG&E FIN -UTILITIES AUGUST 2024 10.23 85145 09/04/24 Printed PG&E FIN -UTILITIES AUGUST 2024 173.90 85146 09/04/24 Printed PG&E FIN -UTILITIES AUGUST 2024 945.16 85147 09/04/24 Printed PG&E FIN -UTILITIES AUGUST 2024 19.62 85148 09/04/24 Printed PRICE PAIGE & COMPANY FIN -PROFESSIONAL SERVICES JULY 2024 2,900.00 85149 09/04/24 Printed QUAD KNOPF, INC. ENG -STORM DRAIN MASTER PLAN 7/7/24-8/3/24 PARTIAL R 3,372.30 85150 09/04/24 Printed JOHN REBAUDO REC -SAC EVIL DEAD SET CONSTRUCTION 250.00 85151 09/04/24 Printed ROBERT HALF FINANCE &
ACCOUNTING
HR -SENIOR ACCOUNTANT 8/16/24 5,883.00
85152 09/04/24 Printed SAFETY-KLEEN SYSTEMS, INC. FLEET -OIL RECYCLING 1,350.10 85153 09/04/24 Printed SYLVIA SANCHEZ PD -ADMIN CITATION REFUND 35.00 85154 09/04/24 Printed ANTHONY SARGINSON REC -SAC JERSEY BOYS BAND MEMBER 150.00 85155 09/04/24 Printed SELMA PORTUGUESE AZORIAN ECO DEV -CVTC JOB FAIR JUNE 24 R 400.00 85156 09/04/24 Printed MIZUNIQUE SLATER REC -SAC EVIL DEAD CHOREOGRAPHY 300.00 85157 09/04/24 Printed SOCIAL VOCATIONAL SERVICES INC
/ EMPLOY AMERICA
PW -RESTROOM MAINTENANCE JULY 2024 1,238.40
85158 09/04/24 Printed SPARKLETTS FD -WATER SERVICE STA 3 106.88 85159 09/04/24 Printed STEAM CLEANERS, INC. PW -PRESSURE WASHER PARTS 217.45 85160 09/04/24 Printed STERICYCLE, INC. PD -STERI SAFE OSHA COMPLIANCE SUBSCRIPTION AUGUST 2024 214.11 85161 09/04/24 Printed SUN LIFE HR -MONTHLY PREMIUM SEPT 2024 2,397.35 85162 09/04/24 Printed TEC WEST, INC. HR -ADMIN ASSIST,ACCOUNT CLERK PAYROLL CLERK 8/18/24 7,495.80 85163 09/04/24 Printed TYLER TECHNOLOGIES, INC. FIN -INCODE ANNUAL SAAS FEES 7/1/24-6/30/25 25,471.00 85165 09/04/24 Printed VESTIS PW -UNIFORMS/TOWELS/FIRST AID 8/1-8/8/24 669.01 85166 09/04/24 Printed DANIEL VIVEROS / D&G FENCE PW -BRENTLINGER PARK FENCE REPLACEMENT 47,923.70 85167 09/04/24 Printed WEST COAST USA PROPERTIES FIN -BUSINESS LIC OVERPAYMENT REIMBURSEMENT 130.00 TOTAL 527,859.55
Grant: G PD State Appropriation: PDSA (457) Reimbursement: R October 7, 2024 Council Packet Page 205
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: October 7, 2024
_________________________________________________________________________________ ITEM NO: 1.
SUBJECT: Discussion of Ordinances and the Process to Resolve Blighted Areas and Properties Posing a Public Nuisance
_________________________________________________________________________________ BACKGROUND: The City of Selma currently has several ordinances directed at resolving public nuisances aimed at resolving concerns of safety and other issues such as blight, as well as aesthetic nuisances for properties and property owners. In September of 2022, the City of Selma Code Enforcement personnel were reclassified under the supervision of the Police Department.
DISCUSSION: As the daily functions of the Selma Police Departments primary focus is crime reduction and law enforcement services, our patrol operations ability to accomplish this objective is through high visibility patrols. Additionally, our personnel are able to identify quality of life issues and communicate such concerns with all City Departments as well as other agencies. By communicating concerns such as blight and other public nuisances, it seemed more efficient to work more closely with Code Enforcement to ensure a more efficient resolve to these issues. By bringing Code Enforcement under the supervision of the Police Department, this has enabled a more streamlined communication between personnel and allow for additional support for Code Enforcement to address issues with blighted properties and public nuisances.
In the recent past, the Selma Police Department has been working diligently to recruit and hire qualified personnel that understood the importance of local ordinances and how they are used to enhance quality of life concerns for the City of Selma as well as improve aesthetic and public nuisances which create a more inviting appearance of our community. As we now have two new Code Enforcement Officers working with our current ordinances and process; staff believes the current process is sufficient to address the issue of blight and public nuisances within our community. Though there could arise a necessity to revise our processes and ordinances in the future, those recommendations should be identified by working through our current process and with current ordinances.
FISCAL IMPACT: None at this time.
______________________________________________________________________________ RECOMMENDATION: Information and discussion item only.
______________________________________________________________________________ ____/s/___________________________ 10/02/2024____________________ Rudy Alcaraz Date
Police Chief
____/s/___________________________ 10/02/2024____________________ Fernando Santillan Date
City Manager
October 7, 2024 Council Packet Page 206
PROCEDURES
FOR
ABATEMENT
October 7, 2024 Council Packet Page 207
Dangerous and unsafe structures
Nuisance abatement other than
dangerous and unsafe structures
8-7-6:
Procedures
for
Abatement
Selma Municipal Code
October 7, 2024 Council Packet Page 208
Location of property
A description of the nuisance
A direction to abate the nuisance within
(15) days
Property owner is allowed (10) days to
appeal the notice
Issue a notice to the
occupant of the
property and owner of
the property
First and Second Offense for Similar Nuisance
October 7, 2024 Council Packet Page 209
Location of property and APN
A description of the nuisance with the SMC
A notice to appear before the Municipal Court
at a specified date and time
A statement that the City may abate the
nuisance, and the cost shall be a lien against the
property
Issue an Administrative
Citation to the
property owner by
certified mail or by
personal delivery
Administrative Citation
October 7, 2024 Council Packet Page 210
If the inspection passes, the citation may
be dismissed by the Municipal Court
If the nuisance is
abated, the property
owner must contact
Code Enforcement or
the Building Inspector
to schedule an
inspection date
Abatement Prior to Inspection Date
October 7, 2024 Council Packet Page 211
The City may impose fines in accordance
with the adopted fine schedule
The owner is required
to appear before the
Municipal Court if the
citation has not been
dismissed
Municipal Court
October 7, 2024 Council Packet Page 212
$100.00 – First violation
$200.00 – Second violation
$400.00 – Third violation
$400.00 – Fourth and each subsequent
violation within one year of the first
violation
Administrative Fines
October 7, 2024 Council Packet Page 213
Abatement procedures shall begin with the
issuance of a citation
There shall be no
courtesy notice issued
Third and Subsequent Offense
October 7, 2024 Council Packet Page 214
The City may place a
lien against the
property for full cost of
the abatement
The City may Abate the Nuisance
October 7, 2024 Council Packet Page 215
Amount of the lien, date of abatement order,
street address, legal description, APN, Name
and Mailing address of the property owner
A statement of the cost to abate the nuisance
A statement to appeal within (30) days
The nuisance abatement lien will be
recorded in the Fresno Recorder’s Office
The notice may be
served by posting a
copy for a period of
(10) days on the
property
Notice of Assessment
October 7, 2024 Council Packet Page 216
Thank you
October 7, 2024 Council Packet Page 217
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: October 7, 2024
__________________________________________________________________________ ITEM NO: 2.
SUBJECT: Consideration of Revisions to the List of Legacy Events for the Special Event Permit Ordinance Adding the March For Jesus Event and Removing the Tejano Festival– Introduction And First Reading
______________________________________________________________________________ BACKGROUND:
During the July 15, 2024 Council Meeting, the City Council provided consensus to discuss the addition of the “March for Jesus” event to the Legacy Events list. During the August 19, 2024 Council Meeting, the City Council provided consensus to discuss removing the Tejano Festival from the Legacy Events list.
On September 3, 2024, the City Council provided direction to City staff to propose revisions to the Fee Waiver and Reduction Policy (“Waiver Policy”) portion of the Special Event Permit Ordinance regarding the addition of the March for Jesus event and the removal of the Tejano Festival from the Legacy Events list.
DISCUSSION:
Legacy Events are defined within the Selma Municipal Code, Chapter 5-7-19: Special Events Ordinance (Attachment A) and demonstrate consistent benefit to the local community.
Special events are designated as Legacy Events at the City Council’s discretion through the Municipal Code.
Legacy events are required to meet the standards established in SMC Chapter 5-7-19: Special Events. Apart from being recognized for their historical contributions to Selma, Legacy Events receive a waiver of special event application fees. Legacy Events are still required to submit permit applications within the required timelines in order to be approved for operation. Nothing in the above-mentioned ordinance entitles Legacy Events to be exempt from the application process, or any other requirements in the policy.
FISCAL IMPACT: With the addition of one event and the removal of another, there is no net impact to the General Fund.
______________________________________________________________________________ RECOMMENDATION: Introduce and waive the first reading of the draft ordinance amendment and set the public hearing and second reading date for the October 21, 2024, Regular City Council meeting.
______________________________________________________________________________ October 7, 2024 Council Packet Page 218
____/s/____________________________ 09/30/2024____________________ Amy Smart, Director Date
Community Services Department
____/s/____________________________ 09/30/2024____________________ Jerome Keene, AICP Date
Deputy City Manager
____/s/____________________________ 09/30/2024____________________ Fernando Santillan Date
City Manager
Attachments:
1. 5-7-19: Special Event Ordinance
October 7, 2024 Council Packet Page 219
ORDINANCE NO. 2024 – __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SELMA AMENDING
TITLE V CHAPTER VII SELMA MUNICIPAL CODE
WHEREAS, the City Council of the City of Selma desires to amend Chapter VII of Title V of the Selma Municipal Code as it relates to special event permit legacy events; and WHEREAS, amendments to the applicable chapters of the Selma Municipal Code are denoted by strikethroughs indicating deletion and underlining indicating addition.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY ORDAIN as follows:
THE CITY COUNCIL OF THE CITY OF SELMA DOES ORDAIN as follows:
SECTION 1. Chapter 7 of Title 5 Section 19 (C)(2)(b) Special Event Fee Reduction and Waiver Regulations of the Municipal Code of the City of Selma is hereby amended to read as follows:
The following events have been identified by the City Council as Legacy Events:
• The Raisin Festival
• 3rd of July Celebration
• Band Festival
• Christmas Parade
• Sikh Parade
• Portuguese Parade
• Tejano Festival
• Chamber of Commerce Annual Car Show and BBQ
• March for Jesus Event
SECTION 2. This ordinance shall take effect thirty (30) days after its passage.
SECTION 3. The City Clerk is hereby ordered and directed to certify the passage of this Ordinance and to cause the same to be published once in a newspaper of general circulation, published in the County of Fresno.
I, REYNA RIVERA, City Clerk of the City of Selma, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Selma held on the 7th day of October 2024 and passed and adopted at a regular meeting of the City Council held on the ____ day of October 2024, by the following vote, to wit:
October 7, 2024 Council Packet Page 220
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
Scott Robertson
ATTEST: Mayor, City of Selma
_______________________________
Reyna Rivera
City Clerk, City of Selma
APPROVED AS TO FORM:
_______________________________
Megan Dodd
City Attorney
October 7, 2024 Council Packet Page 221
5-7-19 Special Event Fee Reduction and Waiver Regulations a. Purpose
The purpose of this section is to provide an equitable means for community organizations:
1. To access fee reductions or fee waivers,
2. To establish mutually beneficial partnerships between the City and the community, and
3. To effectively control the manner in which the City provides event support via fee reductions or fee waivers.
4. Identify Legacy Events that shall be budgeted by the City of Selma annually for cosponsorship. b. Responsibility
1. The number of special events the City supports with waivers or reductions will depend on the budget and operating impacts, and will vary annually. Annually, the City will allocate up to twenty-five thousand dollars ($25,000.00) to be used to waive or reduce City Service Fees required for special events. All events must occur within the year they are budgeted to occur. Unmet thresholds at the end of the year will not be carried forward to future years.
2. The City Manager may waive or reduce special event City Permit Fees up to a total of $500.00 per event after reviewing a recommendation from the Recreation Director and Finance Director, and upon a finding of eligibility pursuant to the criteria provided herein.
3. If the request exceeds $500.00 per event, or includes other City Service Fees outside of the Permit Fees mentioned above, then the request must be approved by City Council
c. Eligible Special Events and Activities
Fee reductions and waivers are available to a variety of events including sporting, tourism, cultural, general, and major community events.
1. The following projects and organizers are ineligible:
a. Events organized by groups or individuals that are unincorporated b. Private functions
c. Political parties and lobby groups
d. Recipients of any other financial or other type of assistance from the City within the same calendar year
e. Projects or organizations who have not satisfactorily fulfilled their obligations following previous fee reductions or waivers October 7, 2024 Council Packet Page 222
2. Legacy Events Defined
a. “Legacy events” demonstrate consistent benefit to the local community and meet one of the following criteria:
• Have been held for a significant number of years while providing education to visitors regarding the historical and/or cultural heritage of residents of the City of Selma.
• Celebrate national holidays with the residents of Selma. • Promote the youth of the City and/or the region at large through collaboration with local schools.
b. The following events have been identified by the City Council as Legacy Events:
• The Raisin Festival
• 3rd of July Celebration
• Band Festival
• Christmas Parade
• Sikh Parade
• Portuguese Parade
• Tejano Festival
• Chamber of Commerce Annual Car Show and BBQ
• March for Jesus Event
d. Fee Reductions and Waivers
Fee reductions and waivers are for permit fees only. Direct costs including, but not limited to, staff time, and applicable overtime, are not eligible for fee waiver or reduction under this policy.
1. The following qualifications must be met to be eligible for fee reductions or waivers:
a. The following not-for-profit organizations and non-profit entities that have a documented federal tax exempt status:
i. 501(c)(3): Charitable, educational, religious, or scientific organizations that provide essential services or benefits to the local community.
ii. 501(c)(4): Civic leagues and social welfare organizations are typically engaged in efforts that promote the well-being of the community.
October 7, 2024 Council Packet Page 223
iii. 501(c)(5): Labor and agricultural organizations provide essential support to major local industries or worker populations. iv. 501(c)(6): Business leagues and chambers of commerce can play a key role in local economic development. If supporting business growth and stability is a local priority, these groups might receive fee waivers.
v. 501(c)(7 through 10): Social and recreational clubs, fraternal organizations, and other such societies that play a significant role in community bonding or provide essential community services. b. Local organization presence
c. Organization cannot receive more than one waiver or reduction in a fiscal year
d. Be open to the public
e. Raise the profile of Selma through prominent acknowledgement of its support and assistance in event marketing materials and at the event itself f. Benefit the residents of Selma
g. Organization is required to provide a report to City Council post event
2. Legacy Events shall be subject to provisions of this Chapter, but will be budgeted by the City of Selma annually and are not required to obtain fee waivers.
3. Legacy Events shall still be required to submit timely Special Event applications within the required timelines in order to be approved for operation. Nothing in this ordinance shall entitle Legacy Events to be exempt from the application process, or any other requirements in this policy.
4. Cost Recovery for fees for special events are based on the following:
a. Tier 1 – 100% cost recovery: First-time events that have not been reviewed by the City at any time prior to the current application. b. Tier 2 – 75% cost recovery: Recurring events that require some form of City services to conduct the event.
c. Tier 3 – 50% cost recovery: Recurring events that require no City services to conduct the event.
e. Other Obligations:
Any reduction in or waiver of fees allowed will not affect the obligation of a permittee or event organizer to comply with the remaining qualifications, restrictions, and criteria of City policies, or to pay other costs or to provide insurance as required by City policies or ordinances. Business license, health permit, fire permit and liquor license fees will not be waived or reduced.
October 7, 2024 Council Packet Page 224
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING: ____October 7, 2024_
ITEM NO: 3.
SUBJECT: Discussion and Direction Regarding Amendments to the Council Handbook DISCUSSION: On June 19, 2023, the City Council approved the adoption of a City Council Handbook.
During the August 19, 2024 Council Meeting, the City Council provided consensus to discuss potential amendments to the Council Handbook.
FISCAL IMPACT: There is no fiscal impact with this item.
RECOMMENDATION: Staff Recommends Council Discuss and Provide Direction to Staff Regarding Amendments to the Council Handbook.
_______/s/________________________ September 25, 2024______________ Reyna Rivera, City Clerk Date
_______/s/________________________ September 25, 2024______________ Megan Crouch, City Attorney Date
October 7, 2024 Council Packet Page 225
HANDBOOK OF
RULES AND
PROCEDURES
SELMA CITY
COUNCIL
October 7, 2024 Council Packet Page 226
PREFACE
As provided by California Government Code Section 36813, the City Council of the City of Selma established the Handbook of Rules and Procedures contained therein. The Handbook shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended or new rules are adopted in the manner provided herein.
In addition to the Handbook of Rules and Procedures, the City Council has included in this document other information which may be useful to the City Council, administrative staff, and the general public. This document is to be known as “The Handbook of Rules and Procedures of the City Council of the City of Selma.”
Adopted June 19, 2023
Resolution 2023-54R
Revised July 15, 2024
October 7, 2024 Council Packet Page 227
1 CHAPTER 1
GENERAL INFORMATION, POWERS AND DUTIES
A. THE CITY OF SELMA
The City of Selma has a City Council/City Manager form of government.
Under this form of government, the elected City Council sets the policies for the operation of the Selma City Government as well as the City. These policies are implemented by staff.
The administrative responsibility of the city rests with the City Manager, who is appointed by the City Council.
B. COUNCIL ELECTIONS
The City Council consists of four members, elected by district, and a Mayor which is appointed at large. Each Council Member serves for four-year staggered terms, without limit. The Mayor serves a two-year term, without limit. Elected Officials serve until his/her successor has been elected and qualified. Elections are held in November of even numbered years.
The City contracts with the County of Fresno to administer municipal elections.
C. VACANCIES
Pursuant to Government Code section 36512, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent.
October 7, 2024 Council Packet Page 228
2 D. MAYOR PRO TEMPORE SELECTION
Pursuant to Selma Municipal Code 1-7-1, the office of mayor pro tempore shall be for a two (2) year term. In every even year, on the first regular meeting of the city council in December of such year, or as soon thereafter as practicable upon the certification of election results from the general municipal election by the Fresno County registrar of voters for such year, whichever occurs later, the city council shall select one of its members as mayor pro tempore.
The mayor pro tempore position shall be held by the city council member receiving a majority vote of the city council. Any city council person may nominate, and if seconded, the city council shall vote on the selection of one of its members as mayor pro tempore. Any member of the city council may vote for himself or herself to occupy the position of mayor pro tempore. In the event the person selected as mayor pro tempore shall die, resign, or cease to serve as a council member, a different council member shall be selected in the same manner to fill the unexpired term of his or her predecessor.
E. COMPENSATION AND BENEFITS
The Selma Municipal Code provides that Council Members, including the Mayor, receive $300/month paid biweekly through regular City payroll. At their option, they can participate in the city’s health insurance program, in the same manner as regular employees. Additionally, the Mayor receives a $30/month cell phone stipend, and all Council Members, including the Mayor, receive a laptop or Surface Pro during their term. Expenses for city related business (i.e. meetings, conference attendance, League division dinners, etc.) are covered by the City pursuant to the Council Travel Policy.
F. CITY CLERK
Pursuant to Selma Municipal Code section 1-8-1, the City Clerk shall be the head of the office of the City Clerk. The City Clerk shall be appointed by the City Manager and shall, under the direction and supervision of the City Manager, plan, organize, direct and supervise the activities and staff of the City Clerk's office.
In addition to the functions, powers, and duties assigned to the City Clerk by the City Manager and other provisions of the Government Code of the State of California, the City Clerk shall:
(A) Keep an accurate record of the proceedings of the City Council in books with appropriate titles and devoted exclusively to such purposes. (B) Maintain the official records of the City Council and City, including, but not limited to, originals, and certified copies of all City ordinances, resolutions, October 7, 2024 Council Packet Page 229
3 motions, contracts, memorandum of understandings and all official actions of the City.
(C) Be the custodian of the City Seal.
(D) Administer oaths or affirmations and take and certify affidavits and depositions pertaining to City affairs and business which may be used in any court or proceedings in the State.
(E) Perform all functions, powers and duties consistent with this Code, assigned by act of the City Council and as set forth in the general laws of the State.
G. CITY ATTORNEY
Pursuant to Government Code section 36505, the City Council shall appoint the City Attorney. Pursuant to Selma Municipal Code section 1-10-1, the City Attorney shall advise City Officials in all legal matters pertaining to City business; shall frame all ordinances and resolutions required by the Council; and, shall perform other legal services required from time to time by the Council.
In the event that it is deemed necessary by the City Attorney to hire either Special or Conflict Counsel to act in the place of, or in conjunction with, the City Attorney for major and significant projects or litigation, the City Attorney shall bring forth such a recommendation to the City Council for approval at a regular or special meeting and be designated to execute the necessary document to facilitate those contracts.
H. TRIANGLE OF POLICY, PROCESS & PRODUCT
The City Council establishes the Policy—establishing vision and direction for the community’s future.
The City Clerk, in consultation with the City Attorney oversees the Process— ensuring that the decision-making process complies with federal, state, and local regulation and that it is properly recorded.
The City Manager provides the Product—which is the primary reason for the existence of local government: to provide services to the taxpayer that the taxpayers cannot (or will not) provide for themselves.
I. MAYOR AS PRESIDING OFFICER AND DUTIES THERETO
The Mayor shall be recognized as the official head of the City of Selma for all ceremonial purposes and by the Governor for military purposes. In the time of public danger or emergency, the Mayor may, with the consent of the City Council, cause order to be maintained and enforce laws. The Mayor shall act as October 7, 2024 Council Packet Page 230
4 the Presiding Officer at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the City Council. The Mayor may move, second, and debate from the Chair, subject to such limitations of debate as are imposed on all Council Members by these rules and shall not be deprived of any of the rights and privileges of a Council Member as such Presiding Officer. The Mayor shall possess no veto power.
The Mayor shall preserve strict order and decorum of Council meetings at all times. The Mayor may announce special rules for the consideration of a particular item on the agenda, such as, but not limited to: The length of time persons may speak; require that, if desirable, a spokesperson address the Council on behalf of a group of persons; and, in the event of a hearing, provide time for arguments and rebuttals from proponents and opponents. The Mayor shall state each item coming before the City Council, and shall upon conclusion of said presentation related thereto call for the vote. Following the vote, the Mayor shall announce the results of the vote. The Mayor is eligible to vote on all motions, and shall direct the order of participation of Council Members. The Mayor shall, in all instances, have the last chance to speak. The Mayor shall sign all ordinances and resolutions adopted by the City Council during the Mayor’s presence. The Mayor shall sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.
J. MAYOR PRO TEMPORE
In the absence of the Mayor, the Mayor Pro Tempore shall possess and perform the power and duties of the Mayor. In that capacity, the Mayor Pro Tempore shall sign ordinances and resolutions adopted in his/her presence. The Mayor Pro Tempore shall also sign all agreements and/or contracts, except where otherwise instructed or set forth by policy.
K. RULES OF PROCEDURES
The City Council shall determine its own rules of procedures and amend them from time to time, or adopt new rules as it deems necessary.
Simple Parliamentary Decorum shall govern meetings. The Mayor shall ask for a motion and a second prior to calling for a voice vote (i.e. ayes, nays, abstentions) absent an electronic voting device. In the instance of a vote on an ordinance or resolution the Mayor, absent an electronic voting device, shall ask the Clerk to poll the Council, beginning with the member who motioned, then the member who seconded and left to right thereafter, with the Mayor being polled last.
The Mayor has the right to direct the Clerk to poll the Council on any matter.
Amendment to, or adoption of, new City Council Rules shall be accomplished by majority vote of the Council.
October 7, 2024 Council Packet Page 231
5 Any Council Member may move the Mayor to enforce the rules and a majority vote of the City Council shall require the Mayor to so act. The Council may at any time by majority vote, set aside these policies for purposes of any agenda item.
L. INTERFERENCE IN STAFF FUNCTIONS
The City Council shall deal with the administrative services of the City through the City Manager, except for the purpose of inquiry , and neither the City Council nor any member thereof, shall give orders to subordinates of the City Manager.
No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager.
The City Council shall deal with the Office of the City Attorney only through the City Attorney, except for the purpose of inquiry, and neither the City Council nor any member thereof, should give order to subordinates of the City Attorney.
M. COUNCIL VOTING
A majority, also known as a simple majority, is a subset of a group that is more than half of the entire group (ex. 50% plus 1 of the members present at a given meeting.)
A two-thirds majority means that two-thirds of the members present or more must agree to the proposition. Four of a five member Council present or three of a four member Council present, constitutes a two-thirds majority.
October 7, 2024 Council Packet Page 232
6 CHAPTER 2
CITY COUNCIL MEETINGS
A. REGULAR MEETINGS
Regular meetings of the City Council shall be open to the public and held on the first and third Mondays of every month, at the hour of 6:00 p.m. In the event that there is a holiday on a Monday, the regular meeting will automatically be moved to the next day (Tuesday), at the same time. In the event that a Closed Session item or items, as that term is defined in the California Government Code section 54954.5, as amended from time to time, is required, it may be agendized at a time immediately following or prior to 6:00 p.m., depending on the amount of time required for the matter and may be adjourned and/or continued at 6:00 p.m. as noted by the Mayor.
B. SPECIAL MEETINGS
A special meeting may be ordered at any time by the Mayor or by his/her designee or by a majority of the City Council whenever the public business may require it or upon the request from three members of the City Council. Whenever a special meeting shall be called, notice of such meeting shall be provided pursuant to State law.
C. STUDY SESSIONS
The City Council may meet in a “study session” called as a Special Meeting for the purpose of acquiring information on a particular subject(s). Study sessions shall be open to the public. Study sessions are not public hearings; however, public input will be received. The City Council may not vote or otherwise express consensus, intent, or direction and will not take any final action at a study session, unless the agenda specifically notes such action of a vote, consensus, intent or direction.
D. CLOSED SESSIONS
Consistent with Government Code Section 54954.2 the Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session.
The general subject matter for consideration shall be expressed in an open meeting before such session is held. After closed session the legislative body must reconvene to open session and is required to disclose any reportable action taken along with the vote, or announce that no reportable actions were taken, if any.
October 7, 2024 Council Packet Page 233
7 The legislative body in a closed session can consider only matters covered in its agenda descriptions. City Council Members shall keep all written materials and verbal information provided to them on matters that are confidential under law in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials should be made to anyone other than Council Members, City Attorney, or City Manager, unless one of the aforementioned is precluded or a subject thereof.
If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party should be by the designated representative handling the negotiations or litigation. Unless specifically authorized by Council’s action a Council Member should not have any contact or discussions with the other party or its representative(s) involved concerning the negotiation during this time and not communicate any discussion conducted in closed sessions. All public statements, information, press releases, should be handled by the designated representative or spokesperson.
Government Code Section 54963 (a) – (f) outlines the injunctive relief and disciplinary actions that may be imposed on those who divulge confidential closed session discussions, without first receiving authorization from the legislative body.
E. AGENDA
Prior to each council meeting, the City Manager with input from Department Heads and the City Attorney shall set the agenda, reviewing same with the Mayor, if the Mayor so wishes. The City Clerk shall arrange such matters, including all ordinances, resolutions, reports, communications, contracts, documents or other matters as may have been timely provided, for inclusion in the agenda. Prior to agenda posting, any council member may request that the City Manager place a given item on an agenda. The Council Member shall supply the Clerk with sufficient information and description of the matter to apprise the Council and the public of the nature of the item. Upon receipt of such a request, said item shall thereafter be placed on the next available meeting agenda under future items to determine whether there is a consensus from the Council to proceed with a discussion on the requested agenda item at a future meeting .
F. CALL TO ORDER
The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Mayor Pro Tempore. In the absence of the Mayor and Mayor Pro Tempore, the meeting shall be called to order by the most senior Council Member present. This person shall serve as the Council’s presiding October 7, 2024 Council Packet Page 234
8 officer until the arrival of the Mayor or Mayor Pro Tempore, or until adjournment of the meeting.
G. QUORUM
Three members of the City Council shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters, which, by law, require a greater majority. All ordinances require at least three affirmative votes. All resolutions and all orders for the payment of money require a simple majority of those members present.
H. LACK OF QUORUM
If a majority of the City Council are absent from any meeting, the remaining members of the City Council may declare the meeting adjourned or if no member of the City Council is present, the City Clerk may adjourn the meeting. If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced. A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.
I. RECOGNITION TO SPEAK, COUNCIL MEMBER
Every Council Member desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine his or her remarks to the item coming before the City Council.
1. Interruptions:
A Council Member, once recognized, may voice concerns, comments or ask staff to provide explanation or clarification of the item before the City Council, without interruption, unless out of order with the rules and procedures established herein and/or the Mayor call the item to order.
2. Public Hearings:
Council Members should not speak to the merits of an issue, other than to ask questions, until the public hearing has been closed.
J. COUNCIL MEMBERS’ OBLIGATION AFTER ABSENCE
When a Council Member is absent from an earlier meeting at which a matter was discussed, it shall be the duty of that Council Member to become acquainted with the issues discussed by reading the documents presented, reviewing the minutes from the meeting in which that item was discussed, listening to or viewing the taped recording of the meeting missed in order to further participate in future discussions and/or vote on the item.
October 7, 2024 Council Packet Page 235
9 K. ADJOURNMENT OF MEETING
The Mayor shall adjourn the meeting. In the instance of the lateness of the hour the Mayor may also adjourn the meeting to a date and time specific to continue discussions on either the remainder of the agenda or on a specific item for discussion.
L. AGENDA ITEMS OUT OF ORDER
The Mayor may, with the consent of a majority of the City Council present, modify the order of the agenda at the meeting, if such modifications would promote fluidity in the process and discussions.
M. AUDIO RECORDINGS
All regular meetings (except closed sessions) of the City Council are video recorded with audio; as well as all special meetings, inclusive of, but not limited to study sessions, and budget sessions are recorded. Recordings are in digital format and are to be archived for a minimum of (7) seven years.
N. AGENDA FORMAT FOR REGULAR MEETINGS
The agenda format for the Selma City Council regular meetings may be prepared to include, but not limited to the following categories and/or sub-categories, not necessarily in the order herein reflected. The Mayor upon consensus of the majority of Council present may reorder the agenda to aide in the efficiency of the meeting:
CALL TO ORDER REGULAR SESSION
PLEDGE OF ALLEGIANCE AND INVOCATION
ORAL COMMUNICATIONS
SPECIAL PRESENTATIONS
CONSENT CALENDAR
GENERAL BUSINESS
PUBLIC HEARINGS
DEPARTMENTAL REPORTS
COUNCIL REPORTS/COUNCIL COMMITTEES REPORTS
FUTURE AGENDA ITEMS
ADJOURN REGULAR MEETING
O. COMPONENTS OF REGULAR MEETING
The following sections of a regular meeting agenda shall set forth the guidelines of decorum for each respective section of the agenda:
October 7, 2024 Council Packet Page 236
10 1. Oral Communications
This is the time for citizens to comment on subject matters, not on the agenda within the jurisdiction of the Selma City Council. The Council Members ask that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcomed. The Council cannot legally discuss or take official action on citizen request items that are introduced under this section.
This is also the time for citizens to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to general business/city manager items or public hearing items will be heard at the time the item is discussed or at the time the Public Hearing is opened for comment.
In fairness to all who wish to speak, each speaker will be allowed three minutes unless otherwise extended by Council. Please begin your comments by stating and spelling your name and providing your city of residence.
Additionally, there are oral communications slips at the entrance to Council Chambers for citizens to fill out. If you are able, please fill out a slip and provide to the City Clerk if you would like to make a public comment.
3. Consent Calendar
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
Council Members should make every attempt possible to ask any clarifying questions regarding consent items prior the meeting.
4. Regular Business
Comments related to Regular Business Items are limited to three minutes per speaker unless otherwise extended by the Council.
October 7, 2024 Council Packet Page 237
11 P. MINUTES
The City Council utilizes hybrid minutes, a blending of action and/or verbatim minutes and shall be known as “summary minutes” which include the motions made, action taken, and a brief summary of council, staff and/or public comments. The digital video recordings with audio shall serve as the verbatim record.
Minutes may be approved under the Consent Calendar without reading. If, however, a Council Member raises a point of correction to the minutes of a City Council meeting, that correction may be made verbally for the record with Council’s consensus of a majority present, and approved at that meeting in which it is addressed.
Q. LEGISLATIVE PROCEDURES
Generally, legislative proceedings shall be conducted in the following order:
Introduction of the item by the City Manager
Staff presentation
If applicable, Public Hearing opened by Mayor
Public Comments
If applicable, Public Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
Appeal proceedings shall be conducted in the following order:
Introduction of the item by the City Manager
Staff presentation
Hearing opened by Mayor
Appellant’s comments
Public comments
Rebuttal-Appellant comments
Hearing closed by Mayor
Questions by Council Members
Discussion by Council Members
Action by City Council
R. APPEALS
The filing of an appeal shall have the effect of staying the issuance of any permit or procedure until such time as the matter on appeal is resolved. If there are subsequent items to come before the Council that are subject to the outcome of the appeal, those items shall be listed following the item for appeal on the October 7, 2024 Council Packet Page 238
12 agenda; the decision of which shall be factored upon the Council’s decision on appeal.
S. APPOINTMENTS
Appointment to the City Boards, Committees and Commissions shall be made as set forth by those specific boards, or when not set forth, appointments will be made by the Mayor and voted upon by the City Council.
T. ADDRESSING THE CITY COUNCIL
1. Speaker Time
Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit the time for individual comments. When deemed necessary, the Mayor may allocate a longer speaker time, other than what is noted on the agenda, without objection from the City Council.
Each person shall stand at the podium, if one is available, and is asked to state his/her name and provide address of residence for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the City Council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Mayor. No question shall be asked of a Council Member or a member of City staff except through the Mayor.
2. One Speaker at a Time
No person, other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Mayor. All discussions shall be through the Mayor, and no question shall be asked of a Council Member or City Staff except through the Mayor. Further, all Council Members should refrain from any side conversations during the meeting.
3. Questions and Comments from the Public
Questions and comments from the public shall be limited to the subject under consideration, except for those items introduced under Oral Communications.
4. Addressing the City Council after a Motion is made
No person in the audience may address the City Council after a motion is made without first securing permission from the Mayor to do so. Upon recognition by the Mayor and permission being granted by the City Council, the person so recognized shall confine him/herself to the question under discussion.
October 7, 2024 Council Packet Page 239
13 U. CONTINUED AGENDA ITEMS
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, orally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made.
The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item.
The interested parties may speak to the issue of a continuance without forfeiting the right to speak later to the merits of the issue if a majority of the Council agrees. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.
V. PUBLIC HEARING CLOSED
Once a public hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed through the Mayor.
However, a public hearing may be re-opened by a majority approval by the Council to hear new information.
W. CANCELLATION OF MEETING
If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also be referenced under items of interest on the agenda for the meeting immediately preceding the canceled meeting date. All noticing of the cancelled meeting will be done by the Clerk in accordance to law.
X. COUNCIL REPORTS
Council Reports is the section of the agenda in which the City Council may provide information or updates on meetings/conferences attended, complaints/concerns/praises received from constituents, announce upcoming events, present information of Council/City interest, etc. Items presented under this section cannot be acted upon at the meeting in which it is discussed; however, it may be agendized for a future meeting upon the majority approval of the City Council. Any requests for future agenda items that are not approved by a majority of the City Council will not be considered.
October 7, 2024 Council Packet Page 240
14 CHAPTER 3
DECORUM
A. ENFORCEMENT OF DECORUM
The City Manager shall designate the Chief of Police, or his/her designated representative as a sergeant-at-arms when necessary to attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chambers, lobby, or other designated meeting location. Upon instructions from the Mayor, the sergeant-at-arms shall eject any person from the City Council Chambers, in conformance with State law.
B. CONDUCT IN THE CITY COUNCIL CHAMBERS
1. Council Chambers Defined
Council Chambers shall be, in addition to the usual and customary meeting location, any location or facility wherein a majority of the legislative body may meet for an open and public meeting as defined and noticed in accordance with the Brown Act, whether it be a regular meeting, special meeting, joint meeting, closed session or study session.
2. Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, and stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City Council, be subject to ejection from the meeting per Government Code Section 54954.3(c). Any person who violates these rules engages in such disruptive behavior may be guilty of a misdemeanor. This section does not prohibit any expressions, actions or behavior that are otherwise protected by the First Amendment.
3. Rules of Conduct and Safety
When the City Council is in session, all persons present must preserve safety and order. Members of the public should sit in the seats provided, subject to ADA compliance, unless addressing the Council or entering or leaving the Council Chambers. Members of the public shall not block the aisles or exits in any manner. Members of the public should not bring audible equipment into the Council Chambers, including cellular phones or pagers, without first either turning said equipment off or switching it to a silent mode.
October 7, 2024 Council Packet Page 241
15 4. Removal from the Council Chambers
Subject to provisions of Section 2 above, any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Government Code Section 54954.3(c). (a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting; and,
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; and,
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City Council; and,
(d) Any other unlawful interference with the due and orderly course of said meeting.
5. Cell Phones
In order to minimize interference to audio recording equipment during a City Council cell phones shall be turned off or at minimum placed on silent during all meetings.
6. Media Equipment - Broadcast, News, Photograph, Print, Published, Recording, Video
The use of media equipment that enables recording of an open and public meeting is permissible, absent a reasonable finding by the legislative body that the use of said equipment presents a persistent disruption (noise, illumination, obstruction of view or pathway) to the proceedings or to the other members of the audience.
In the event that use of media equipment is disruptive, the Presiding Officer may first seek to remedy the disturbance with the equipment operator, asking that the device, whether it is noise, illumination, obstruction of view or pathway, be silenced, turned off, moved or removed from the area in question.
If the equipment operator refuses to make such accommodations the Mayor, by a reasonable finding of the legislative body, may determine that such use is a persistent disruption and bar the use of said equipment, illumination device and/or restrict the equipment operator from setting up at a particular location within the Council Chambers/meeting location.
C. COURTESY
1. Council Members
Council Members shall accord the utmost courtesy to each other, City employees and the public appearing before the City Council, and shall October 7, 2024 Council Packet Page 242
16 refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statement as to motives and personalities.
Failure of Council Members to abide by the above can result in censure, removal from the meeting, as well as any other consequences that are deemed appropriate by a Majority of the Council.
2. City Employees
Employees of the City shall observe the same rules of order and decorum applicable to the City Council.
3. Public Speakers
Members of the public have the right to attend City Council meetings and to address the City Council on specific agenda items and under the Oral Communications section of the agenda. The right of members of the public to address the City Council includes their right to criticize the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council and members of the City Council.
While the City Council meeting is in session, all persons must preserve order and decorum. A person who addresses the City Council under a specific agenda item or under the Oral Communications section of the agenda may not engage in speech or conduct which is likely to provoke others to violent or riotous behavior, which disturbs the peace of the meeting by loud and unreasonable noise, which is irrelevant or repetitive, or which disrupts, disturbs, or otherwise impedes the orderly conduct of any City Council meeting.
The Mayor or other presiding officer shall request that a person who is breaching the rules of decorum cease such conduct. If, after receiving such a warning, the person persists in breaching the rules of decorum, the Mayor or other presiding officer may order the person to leave the City Council meeting. If such person does not leave, the Mayor or presiding officer may request any law enforcement officer who is on duty at the meeting as sergeant-at-arms to remove the person from the Council Chambers. In the event there is no one from law enforcement present, the Mayor or presiding officer may direct the City Manager to contact law enforcement.
4. Appointed members of Boards, Commissions and Committees Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.
October 7, 2024 Council Packet Page 243
17 D. NOISE IN THE LOBBY
Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.
E. CROWD CONTROL IN COUNCIL CHAMBERS
If the City Manager, or the City Manager’s designee, anticipates in advance a crowd larger than the maximum number of attendees allowed in the City Council Chambers, he/she meet with the Mayor and discuss alternatives for accommodation of the potential number of people in excess of that allowable at the location.
F. SMOKING
It is unlawful for any person to smoke in the City Council Chambers.
G. FOOD & DRINK
No food or drinks, other than bottled water, may be brought in by the public into the audience seating area of the City Council Chambers.
H. DISTRIBUTION OF LITERATURE AND OTHER MATERIALS IN CITY
COUNCIL CHAMBERS
No person, other than City staff, shall distribute flyers, leaflets, placards or other literature or circulate any petition within the City Council Chambers.
Flyers, leaflets, placards or literature may only be distributed to the Council by a member of the public under Oral Communications, or by a project applicant/appellant pertaining to City business as may be referenced on the agenda, by approaching the City Clerk and requesting such material be distributed on their behalf.
Such other literature may only be displayed or distributed outside the City Council Chambers area.
October 7, 2024 Council Packet Page 244
18 CHAPTER 4
PROCEDURAL RULES
A. RULES OF ORDER
The City Council shall determine its own rules of order and amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council procedures shall be accomplished by a majority vote.
B. RULES OF DISCUSSION
1. Withdrawal of Motion
A motion may not be withdrawn by the maker of the motion without the consent of the Council Member who seconded the motion.
2. Voting
The City Council, in the absence of an electronic voting device, votes by “voice vote” on all matters before it, unless a roll call vote is required by law or is requested by the Mayor. Silence shall be recorded as an affirmative vote, unless recusal is required by law, in which case silence shall be recorded as a recusal and the reason for such recusal must be publicly stated by the Council Member or if requested the City Attorney.
The Presiding Officer shall announce the results of the vote. The City Clerk shall show on ordinances and resolutions, the names of Council Members and their respective votes.
3. Failure to Vote
Absent a disqualification under State law, including conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Council Member to vote. Failure to vote that is not compelled by a legal disqualification shall constitute an affirmative vote. A Council Member who fails to vote shall nonetheless be counted toward making up a quorum, unless otherwise required by State law.
4. Abstaining from Vote for Reasons Other than an Identified Legal Disqualification
A Member of the City Council who abstains determines not to vote “yes” or “no”. A vote to “abstain” except for an identified legal disqualification shall be counted as an affirmative vote. A Council Member shall state a reason for abstaining prior to doing so; failure to do so will constitute the same action as silence or failure to vote. A Council Member who abstains from voting for other than an identified legal disqualification shall nonetheless be counted toward making up a quorum.
October 7, 2024 Council Packet Page 245
19 5. Abstention/Recuse: Conflict of Interest
Council Members shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not participate in the discussion or the vote. Council Members shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the abstaining Council Member shall leave the Council dais and the Council Chambers until the conclusion of the agenda item. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.
Further requirement on abstention and absence from the Chambers may be imposed by State law.
It should be noted; however, a Council Member may speak during public comment or as part of a public hearing process, on his/her own behalf – as opposed to on behalf of someone else or on behalf of, or in his/her role as a Council Member – on a matter that directly affects his/her financial interest even when conflicted out. Thus, while a Council Member would have to disqualify him/herself on a matter affecting a piece of property in which the Council Member has a financial interest, he/she could address the Council, speaking to what the impact would be to his/her property.
Any Council Member who chooses to speak on item as an individual resident, that he/she are legally disqualified from participating as a Council Member, shall do so at their own risk and subject to any consequences from FPPC.
6. Tie Votes
When one Council Member is absent and a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter shall be automatically continued to the next Council meeting when it is reasonably known that all Council Members will be present, provided that this rule shall not apply to matters involving the appellate jurisdiction of the City Council or when the absence of a Council Member is due to a disqualification for a conflict of interest. The City Council exercises “appellate jurisdiction” when it considers matters in which a subordinate body such as the Planning Commission could, but for an appeal to the City Council, confer final approval. In these instances a tie vote constitutes a non-action, which is a denial of the appeal.
7. Motion for Reconsideration.
Upon final vote by the Council of any agenda item, a motion for reconsideration may be made but only during the Council meeting wherein the agenda item was approved. Any motion made after the close of the Council meeting is untimely. The motion for reconsideration is allowed by a member of Council that voted as part of the majority of the original motion. The motion may be seconded by any member of Council. If the October 7, 2024 Council Packet Page 246
20 motion to reconsider passes, then a member of Council may make a new motion related to the same item.
C. COUNCIL DAIS
The City Council seating area, most commonly referred to as the Council Dais is restricted to Council and City Staff at all times. Loitering or the dissemination of materials are not permitted in the area directly in front of the City Council seating area, commonly referred to as the well. Written or photographic materials are to be handed to the City Clerk for dissemination to the Council, and made part of the record.
October 7, 2024 Council Packet Page 247
21 CHAPTER 5
ADMINISTRATIVE RULES
A. PURCHASE BY CONTRACT OR IN THE OPEN MARKET
When the expenditure required for the purchase of any supplies exceeds the sum established by a policy through a resolution adopted by the City Council, the Purchasing Agent shall advertise for sealed proposals in the manner hereinafter prescribed for proposals for public work and the contract shall be awarded by the Council to the lowest responsible bidder, provided that the Council may reject all bids and order the Purchasing Agent to buy in the open market at a price less than the lowest bid received from a responsible bidder, and provided that if no bids are received, the Council may order the Purchasing Agent to buy in the open market. Until the Council shall otherwise provide by Ordinance, the Finance Director shall act as Purchasing Agent.
B. PUBLIC WORKS TO BE DONE BY CONTRACT
All public buildings and work, when the expenditure therefor shall exceed the sum established by a policy through a resolution adopted by the City Council, shall be done by contract, and shall be let to the lowest responsible bidder, after advertising one (1) time in a daily newspaper of general circulation, for sealed proposals for the work contemplated. Provided, that the Council may reject any and all bids, if deemed excessive, and re-advertise for bids to provide for the work to be done by the Department of Public Works.
C. EXECUTION OF DOCUMENTS
1. Ordinances, Resolutions and Ceremonial Certificates
The Mayor as Presiding Officer or in his or her absence the Mayor Pro Tempore shall execute all Ordinances and Resolutions. Ceremonial Resolutions, Proclamations and Certificates will be, whenever possible, executed by the entire City Council.
2. Contracts for Supplies, Public Buildings and Work
All contracts for supplies, public buildings and work shall be approved as to form by the City Attorney, shall be signed by the Mayor or in his absence the Mayor Pro Tempore, and attested to by the City Clerk.
3. Agreements, Contracts, Addendums, Change Orders, Memorandums of Understanding for Administrative, Managerial or Professional Services or Programs That Only Require Administrative Approval Pursuant to the City’s Purchasing Policy all agreements, contracts, or memorandums of understanding for administrative, managerial or professional services or programs that are permitted to be administratively October 7, 2024 Council Packet Page 248
22 approved, shall be approved as to form by the City Attorney, and shall be signed by the City Manager, or his/her designee, and attested to by the City Clerk.
4. Acting City Manager Designation
In that the City Manager is required or permitted to be away from the City from time to time, due to conferences, training, business trips, vacations, etc., the City Manager has the authority to use discretion in selecting and designating an Acting City Manager to carry out the ministerial duties for the duration of his/her absence as set forth in the Acting City Manager Designation Form. Such designee shall be an Employee of the City.
D. COUNCIL ADMINISTRATIVE SUPPORT
1. Mail – All general mail is opened, date stamped and routed to the addressee.
2. Letters Addressed to Mayor and/or City Council Members – All letters addressed to the Mayor and/or City Council Members requiring a response from staff are copied to the City Manager. If so directed by Council, a copy of the responses mailed, along with the original letters will be provided to each Council Member.
Letters addressed to the Mayor and/or City Council members that do not require a response, but provide information on Council agenda items or like matters will be copied to the full Council.
Mail pertaining to specific meetings where an individual Council Member is the appointed representative of the Council is opened, said mail will be distributed to that Council Member and not copied to the full Council.
3. Council Correspondence – All Council Members correspondence written with City resources (letterhead, typing, staff report, postage, etc.) will reflect the position of the full Council, not individual Council Member’s positions. All Council Member correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence.
4. Clerical Support – The City Manager’s Office will coordinate with the City Clerk the typing of correspondence requested by individual Council Members for communications reflecting the position of the full Council. All correspondence typed for Council Member will be on City letterhead and will reflect the position of the full Council, not individual Council Member and will be copied to the full Council.
October 7, 2024 Council Packet Page 249
23 5. Council Notification of Significant Incidents – In conjunction with the City public safety departments, the City Manager’s Office will report on significant incidents immediately once known.
E. RULES AND PROCEDURES ADMINISTRATION
1. Review of City Council Rules and Procedures – The Council will review and revise the Handbook of Rules and Procedures as needed.
2. Adherence to Rules and Procedures – During City Council discussions, deliberations and proceedings, the Mayor has been delegated the primary responsibility to ensure that the City Council, staff and members of the public adhere to the Council’s adopted protocol.
3. City Attorney as Rules and Procedures Advisor – At the behest of the full Council, the City Manager may be directed to confer with the City Attorney in interpreting the City Council’s adopted Rules and Procedures and proposed changes.
4. Adherences to Administrative Procedure and Process of Rules and Procedures – The Council has delegated the City Manager responsibility to discuss, on behalf of the full Council, any perceived or inappropriate administrative action with a Council Member. The City Manager will discuss with the Council Member the action and suggest a more appropriate process or procedure to follow. After this discussion, if further inappropriate action continues, the City Manager will report the concern to the full Council.
5. Applicability of Rules and Procedures – The City of Selma City Council Handbook of Rules and Procedures shall also apply to all Board, Commissions and/or Committees as established by the City Council.
F. CONFLICT WITH CITY MUNICIPAL CODE, CITY PROCUREMENT
POLICIES, ADMINISTRATION POLICIES, STATE OR FEDERAL LAW If there is any conflict contained hereinabove with the City Municipal Code, City Procurement Policies, Administration Policies, State or Federal Law, such laws shall prevail over the provisions contained within this Handbook.
October 7, 2024 Council Packet Page 250
CITY MANAGER’S/STAFF’S REPORT
CITY COUNCIL MEETING:
ITEM NO: 4.
SUBJECT: Consideration of League Bylaws Amendments for League of California Cities Annual Conference and Designation of Voting Delegate
DISCUSSION: Each year, prior to the League of California Cities annual conference, the Council is required to review the Resolution Packet and establish a city position. This ensures that the voting delegate can represent the city's interests appropriately at the conference.
This year, there is one proposed resolution to be voted on during the conference’s business meeting. The resolution advocates for the fair and equal treatment of all government officials in California, calling on the Legislature to ensure that "what applies to one, applies to all." Specifically, the resolution would prohibit the California Legislature from passing any law or regulation that applies solely to elected officials of cities and counties unless it also applies to members of the California State Assembly and Senate. This provision, however, does not extend to laws or regulations concerning the inherent powers of the legislative branch under the California Constitution.
The resolution cites several examples of instances where the California Legislature has imposed rules limiting the authority or regulating the conduct of local municipal officials that do not apply to state officials. These examples include:
• California’s open meeting rules, codified in the Ralph M. Brown Act (Government Code, Chapter 9, §§ 54950 et seq.);
• “One-off” exemptions from the California Environmental Quality Act (CEQA), such as Senate Bill No. 174;
• Rules amending the Political Reform Act, such as Senate Bill No. 1439; and • Assembly Bill No. 571, which imposes campaign finance rules on candidates for city and county offices but exempts candidates for statewide office.
The Council’s review of the resolution will allow the voting delegate to take an informed position, ensuring the city’s perspective is properly represented during the vote at the business meeting. It is essential for the city to actively participate in shaping policies that may impact governance structures at all levels in California.
On September 16, 2024, Council appointed Mayor Robertson as the voting delegate and Council Member Guerra as the alternate. However, on October 1, 2024, both advised they will not attend the conference. A new delegate and alternate must be appointed for the conference, scheduled from October 16-18, 2024, in Long Beach. Council Members Mendoza-Navarro and Trujillo will attend.
October 7, 2024
October 7, 2024 Council Packet Page 251
RECOMMENDATION: Provide direction to the voting delegate(s) on the city's position regarding the proposed resolution and appoint a voting delegate and alternate for the League of California Cities annual conference.
_______/s/________________________________ 10/02/24__________ Reyna Rivera, City Clerk Date
_______/s/________________________________ 10/02/24__________ Fernando Santillan, City Manager Date
October 7, 2024 Council Packet Page 252
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.
October 7, 2024 Council Packet Page 253
2024
Resolutions
Packet
October 7, 2024 Council Packet Page 254
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 October 7, 2024 Council Packet Page 255
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 October 7, 2024 Council Packet Page 256
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 October 7, 2024 Council Packet Page 257
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 October 7, 2024 Council Packet Page 258
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 October 7, 2024 Council Packet Page 259
2024 Resolutions Packet
Resolution No. 1: Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora
6 October 7, 2024 Council Packet Page 260
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 October 7, 2024 Council Packet Page 261
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 October 7, 2024 Council Packet Page 262
2024 Resolutions Packet
Resolution No. 1: Letters of
Concurrence
9 October 7, 2024 Council Packet Page 263
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 October 7, 2024 Council Packet Page 264
11 October 7, 2024 Council Packet Page 265
12 October 7, 2024 Council Packet Page 266
13 October 7, 2024 Council Packet Page 267
14 October 7, 2024 Council Packet Page 268
15 October 7, 2024 Council Packet Page 269
2024 Resolutions Packet
Resolution No. 1: Staff Analysis
16 October 7, 2024 Council Packet Page 270
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 October 7, 2024 Council Packet Page 271
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 October 7, 2024 Council Packet Page 272
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 October 7, 2024 Council Packet Page 273
• 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 October 7, 2024 Council Packet Page 274
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 October 7, 2024 Council Packet Page 275
CITY MANAGER’S/STAFF’S REPORT
COUNCIL MEETING DATE: October 7, 2024
________________________________________________________________________________ ITEM NO: 5.
SUBJECT: Public Hearing and Waiver of the Second Reading of an Ordinance Establishing Anti-Camping and Storage and Removal of Personal Property Regulations ________________________________________________________________________________ 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.
A first reading of the ordinance occurred at the September 16, 2024 City Council meeting.
The City Council approved the first reading of the ordinance and set the public hearing and second reading for the October 7, 2024 meeting. If Council approves the second reading of the ordinance, it will take effect in thirty (30) days.
FISCAL IMPACT: None.
______________________________________________________________________________ RECOMMENDATION: Hold Public Hearing, Waive Second Reading and Adopt an Ordinance Establishing Anti-Camping and Storage and Removal of Personal Property Regulations
______________________________________________________________________________ ______/s/_______________________________ October 7, 2024 Megan Crouch Date
City Attorney
______________________________________ October 7, 2024
Fernando Santillan Date
City Manager
October 7, 2024 Council Packet Page 276
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 the Court to grant diversion or probation with a condition the offender complete a rehabilitation program.
October 7, 2024 Council Packet Page 277
2 (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.
(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, October 7, 2024 Council Packet Page 278
3 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. 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 October 7, 2024 Council Packet Page 279
4 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). (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.
October 7, 2024 Council Packet Page 280
5 (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.
(2) The location from which the Personal Property will be removed.
(3) The date and time the notice was posted.
October 7, 2024 Council Packet Page 281
6 (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. (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.
October 7, 2024 Council Packet Page 282
7 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 16th day of September of 2024, and passed and adopted at a regular meeting of the City Council held on the 7
th day of October 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
October 7, 2024 Council Packet Page 283
SELMA KINGSBURG
ENTERPRISE RECORDER
*PROOF OF PUBLICATION*
The Sentinel
SM Califo1nia News Media Inc
300 W. 6th St.
Hanford. CA 93232
Phone (559) 582-0471
[email protected]
Reyna Rivera
1710 Tucker Street
Selma CA 93662
ORDER NUMBER 383170
Publication- Selma E11te1 prise/Kingsburg Recorder
State of Pennsylvania, County of Lancaster, ss
Jesse Sassaman, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Colurnn Software, PBC, cluly autho1 ized agent of Selma Enterprise/Kingsburg Recorder, a newspaper printecl and published in the City of Hanford, Cou11ty of Fresno. State of California, and which newspaper l1as been cidjudged a newspape1 of general circulation by the superior court of the County of Kings, State of California, under tile date of October 23, 1951, case number 11623.
That I know f1 om my own personal knowledge tile notice, of whicl1 t11e annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and enti1 e issue of said newspapers and not in any supplement the1 eof on tl1e following dates, to wit:
Section: Legals
Category 201 Public Notices
PUBLISHED ON:
Sep. 18,2024
TOTAL AD COST: 157.64
FILED ON: 9/18/2024
I certify under penalty of perjury under the laws of the State of California that tile fo1egoing is true and cot reel
�� (Stg11ed) _____________ _
VERIFICATION
State of Pennsylvania
County of Lancaster
CommonweaUh or Pennsylvania - NotaJ)1 Seal
Nicole Burkholder, Nolary Public
Lancaster County
My commission expires March 30, 2027
Commission Number 1342120
Subset ibed in rny p1 esence and swrn n to before rne on this· 09/18/2024 �
NotarvPublic
B�
t I 1• • • • Notanzea remo e y on 1ne using commun1cat1on tee h I no ogy via • p f roo .
CITY OF SELMA CITY COUNCIL
ORDINANCE NO. 2024-7 OF TiiE
CITY OF SELMA TO AMEND
CHAPTER 11-11 ANO CHAPTER
B-12 RELATING TO CAMPING
AND STORAGE OF PERSONAL
PROPERTY. TO THE CITY OF
SELMA MUNICIPAL CODE
SUMMARY AND NOTICE OF
PUBLIC HEARING
On September 16, 2024, the
Selma City Council inlroduced
Ordinance No. 2024-7 to amend
Selma Municipal Code Chapter
9-11 And Chapter 8-12 Relating 10
Camping and Storage ot Personal
Property. The proposed amendment
would es1ablish regulations for anticamping and removal and storage of personal property.
NOTICE IS HEREBY GIVEN that
lhe City Council of Iha City of Selma
will hold a public hearing on Monday,
October 7, 2024, at 6:00 p m . or as
soon tl1ereafter as the matter may
be heard in the Council Chambers
of the City Hall, 1710 Tucker Street,
Selma, California, to consider the
following matters:
ANTI-CAMPING AND STORAGE
AND REMOVAL OF PERSONAL
PROPERTY REGULATIONS
ORDINANCE to conduct the
second reading of the ordinance
and consider the amendment lo
9-11 and Chapter B-12 relating lo
camping and storage of personal
property, lo the City of Selma
Municipal Code. The new proposed
Ordinance establishes regulations
for anll-<:amplng and remova I and
storage of personal property.
This Ordinance is scheduled to
be considered for adoption during
lhe regular Selma City Council
meeting on October 7, 2024. A full
copy of Ordinance No. 2024-7 and
all relevant materials regarding
the proposed action are on file in
the office ol lhe City Clerk, located
at 1710 Tucker Street, Selma.
California, and may be reviewed
during normal business hours.
If you challenge the nature of the
proposed items in court, you may be
limited lo raising only !hose issues
you or someone else raised at the
public hearing described in this
notice, or in written correspondence
delivered lo the City of Selma al, or
prior lo, the public hearing.
Attest Reyna Rivera, City Clerk
PUBLISH:
October 7, 2024 Council Packet Page 284