1 AGENDA
SELMA CITY COUNCIL
MEETING TUESDAY
September 8, 2026
6:00 p.m. Special Meeting
Selma City Council Chambers
1710 Tucker Street
Selma, CA 93662
Teleconference Phone Number: +1 301 715 8592
Webinar ID: 891 6864 5005 https://zoom.us/j/89168645005
WHEN ON THE PHONE, IF YOU WISH TO ADDRESS COUNCIL DURING THE PUBLIC COMMENT PORTION OF THE AGENDA, PRESS *9 TO “RAISE HAND” AND WE WILL SELECT YOU FROM THE MEETING CUE. PRESS *6 TO UNMUTE AND MUTE YOURSELF.
Notice to Meeting Attendees: Members of the audience shall not engage in disorderly or boisterous conduct including the utterance of threatening or abusive language or other acts which disturb, disrupt or impede or otherwise render the orderly conduct of a City Council meeting infeasible. 6:00 P.M. SPECIAL MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE: Mayor Robertson
ROLL CALL: Council Members Avalos, Oceguera, Trujillo, Mayor Pro Tem Guerra, and Mayor Robertson
POTENTIAL CONFLICTS OF INTEREST: Any council member who has a potential conflict of interest may now identify the item and recuse themselves from discussing and voting on the matter.
AGENDA CHANGES OR DELETIONS: To better accommodate members of the public or inconvenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed. Additions to Agenda may be added only pursuant to California Government Code Section 54954.2 (b).
ORAL COMMUNICATIONS
NOTICE(S) TO THE PUBLIC: At this time, any member of the public may address the City Council regarding any item on the regular meeting agenda over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the City Manager for review. Members of the public should limit their remarks to three (3) minutes.
1 - SPECIAL PRESENTATIONS
No Special Presentations
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2 - CONSENT CALENDAR
No Consent Items
3 - DEPARTMENTAL REPORTS
City staff and contract employees present will be recorded in the minutes. 4 – PUBLIC HEARING
4-1 Consideration and Necessary Action on Resolution of Necessity Declaring the Public Interest and Necessity Require the Taking or Acquisition of Identified Real Property for a Municipal Improvement Project (Intersection Safety Improvements at Mcall and Dinuba)
5 – REGULAR BUSINESS
No Regular Business
6 - FUTURE AGENDA ITEMS
Council requests for future agenda items. Not subject to public comment. Items require a consensus. 7 - COUNCIL REPORTS / COUNCIL COMMITTEE REPORTS
Brief report by Council members on City related functions as authorized by the Brown Act.
ORAL COMMUNICATIONS
NOTICE(S) TO THE PUBLIC: At this time, any member of the public may address the City Council regarding any item on the regular meeting agenda over which the Council has jurisdiction. No action or discussion will be taken on any item not on the agenda. Issues raised will be referred to the City Manager for review. Members of the public should limit their remarks to three (3) minutes.
ADJOURNMENT
Upcoming Council Meetings
• City Council Regular Meeting, Tuesday, September 15, 2026 • City Council Regular Meeting, Tuesday, October 6, 2026 • City Council Regular Meeting, Tuesday, October 20, 2026 Agendas for all City Council meetings are posted at least 72 hours prior to the meeting at the Council Chambers, 1710 Tucker Street. The City of Selma complies with the Americans with Disabilities Act (ADA of 1990) and Government Code Section 54953(g), and the City Council has adopted a reasonable accommodation policy to swiftly resolve accommodation requests. The policy can also be found on the City’s website here. Please contact the City Clerk’s Office, (559) 891-2200, to make an accommodation request, or to obtain an electronic or printed copy of the policy.
PUBLIC NOTIFICATION
I, Margee Fallert, Deputy City Manager for the City of Selma, declare under penalty of perjury that I posted the above Special City Council Agenda for the meeting of September 8, 2026, near the front entrance of City Hall located at 1710 Tucker Street, Selma, CA and on the City’s website www.cityofselma.com on September 03, 2026.
//s//
Margee Fallert
Deputy City Manager
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Public Hearing
Adopt Resolution 2026-95
adopting a Resolution of
Necessity
3 ITEM NO: 4-1
CITY COUNCIL STAFF REPORT
MEETING DATE: September 8, 2026
SUBJECT: Consideration and Necessary Action on Resolution 2026-95 of Necessity, Declaring the Public Interest and Necessity Require Identified Real Property to be Taken or Acquired by the City of Selma for a Public Use and Purpose.
SUBMITTED: Neal E. Costanzo, City Attorney
APPROVED: Jason Rogers, City Manager
RECOMMENDATION:
For the City Council to conduct a public hearing to the extent necessary to hear comment or testimony by Property Owners who have received a Notice of Intention to Adopt a Resolution of Necessity and have notified the City of their intent to appear and be heard on adoption of the Resolution of Necessity.
DISCUSSION:
The Fifth Amendment to the United States Constitution coupled with the 14th Amendment Due Process Clause require the City to provide notice and an opportunity to be heard on its intention to acquire real property by Eminent Domain for which the city must pay just compensation. Implementing those Constitutional requirements, the State of California has adopted the Eminent Domain Law (CCP § 1230.10 et seq) authorizing a local government entity, including a city, to acquire or take real property for the purpose of a “Project” that is in the public interest. Adoption of a Resolution of Necessity is required if the local governmental entity cannot acquire property needed for a public work of improvement by agreement with a Property Owner. A Resolution of Necessity must find and declare that the Project in question is required by the public interest and necessity, that the proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury, that the property is necessary for the proposed Project and that the required statutory offer has been made to the Property Owner.
Here, the City plans to and has authorized a project for the establishment of intersection safety improvements, consisting of, among other things, the establishment of a traffic signal light at the intersection of Dinuba and McCall Avenue in the City of Selma. Many of the Property Owners involved from whom the City must acquire property in order to make those improvements have agreed upon a price and are in the process of transferring the property the city. Those that remain are, primarily, persons who have not responded to the City’s statutory offer to acquire the property for what the city has determined to be fair market value. In that circumstance, the City can only proceed by filing an Eminent Domain action. The Resolution of Necessity is simply a requirement that the city must observe before actually filing suit. The proposed resolution makes the necessary findings that allow the City Council to direct its City Attorney to initiate the Eminent Domain filing and if necessary, and if the city is in a position 4 to proceed with the Project the City can acquire an order granting it immediate possession of the property. Typically, the only thing that remains to be resolved in an Eminent Domain suit is how much the city has to pay to acquire the property.
A Resolution of Necessity requires a four-fifths vote of the City Council. Once adopted, the Resolution conclusively establishes the things declared in it so that the only issue involved in any Eminent Domain Action is the price which is fair market value for the property that the city is required to pay under the constitution and laws of the Untied States and the State of California.
The City Council of the City of Selma shall conduct a public hearing to the extent necessary to hear comments or testimony by Property Owners who have received a Notice of Intention to Adopt a Resolution of Necessity and have notified the City of their intent to appear and be heard and adopt Resolution of Necessity.
FISCAL IMPACT:
The cost of filing and maintaining the Eminent Domain Action is uncertain. However, the entire project is funded through a grant and the cost of maintaining the Eminent Domain action is a proper charge against the grant.
Attachments:
☒ Resolution 2026-95
☐ Ordinance
☐ Map
☐ Agreement
☐ Other
List:
5 RESOLUTION NO. 2026-95
RESOLUTION OF NECESSITY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SELMA,
DECLARING THE PUBLIC INTEREST AND NECESSITY REQUIRE
IDENTIFIED REAL PROPERTY TO BE TAKEN OR ACQUIRED BY THE CITY FOR A PUBLIC USE AND PURPOSE.
WHEREAS, the City Council of the City of Selma approved the acquisition of land for construction, reconstruction, alteration, improvement, paving, and surfacing of new and existing streets, installation of traffic signals, provision for drainage of streets and protective structures, sidewalks, walkways, curb and gutter, streetlights and facilities for placing electronic and communication service underground, street planting and landscaping, easement and rights of way and other works, property and structures necessary to carry out the objects and purposes of the city street improvement project known as the intersection safety improvements at the intersection of Dinuba and McCall Avenue in the City of Selma (“Project”); and,
WHEREAS, on August 21, 2026, the City served by mail, notices to each Property Owner owning property near or adjacent to the intersection of McCall and Dinuba in the City of Selma to be acquired by the City for the Project, giving notice of the City’s intention to adopt a Resolution of Necessity and of their opportunity to be heard on that proposed Resolution; and,
WHEREAS, on September 8, 2026, at 6:00 p.m., at a Special Meeting of the City Council at the date and time set by the aforementioned Notice of Intention to Adopt Resolution of Necessity, the City Council heard and considered the comments, testimony or arguments of Property Owners, or their agents, receiving the aforementioned the Notice of Intention to Adopt Resolution of Necessity and requesting an opportunity to be heard; and, WHEREAS, the Property to be taken or acquired for the purpose of the Project, the Owners of which have received Notice of the city’s intention to adopt the Resolution of Necessity is as follows:
(a) 9810 S. McCall Avenue, Selma, Ca 93662-9404, a portion of APN No: 358-690- 01, Totaling 19.19 Sq. Ft. (0.04 Acres).
(b) 9885 S. McCall Avenue, Selma, Ca, 93662-9404, a portion of APN: 358-120-34, consisting of 11,077 Sq. Ft. (0.25 Acres).
(c) 10013 S. McCall Aveune, Selma, Ca 93662-9404, a portion of APN: 358-361-06, totaling 2,553 Sq. Ft.
(d) 9989 E. Dinuba Avenue, Selma, Ca, 93662-9404, a portion of APN: 358-361-07, totaling 1,953 Sq. Ft; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SELMA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated by this 6 reference. The city is authorized to acquire real property necessary for the Project, the aforementioned intersection safety improvements at McCall and Dinuba Avenue in the City of Selma by the Eminent Domain Law (CCP § 1230.010 et seq) at CCP §§1240.010, 1240.020 and 1240.050.
SECTION 2. The location and extent of property to be taken is specified in the recitals to this Resolution.
SECTION 3. The City Council of the City of Selma finds and determines:
(a) That the public interest and necessity require the proposed Project. (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. (c) The property described in this Resolution is necessary for the proposed Project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record of the property that is to be taken or acquired.
SECTION 4. The City Attorney or designee is authorized and directed to file suit against the Property Owners, to obtain a judgement in Eminent Domain and / or the Right of Immediate Possession of the aforementioned property necessary for the Project.
PASSED, APPROVED, AND ADOPTED at a Special Meeting of the City Council of the City of Selma held on the 8th day of September 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Scott Robertson
Mayor
ATTEST:
_______________________________
Miriam Cruz
Interim City Clerk
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