SELMA – After two unsuccessful attempts at something, the third time’s a charm — and with the dais full of both incoming and outgoing elected officials, the Selma City Council finally put to rest some of the conflict and confusion that transpired over the last month and a half.
The published agenda for the first regular meeting of the year on Jan. 21 showed an attempt on the city manager’s part to have the council follow standard procedure when conducting its reorganization. Yet just one minute into the meeting, newly appointed City Attorney Neal Costanzo interrupted Mayor Scott Robertson to address the agenda’s content.
“There is an error on your agenda, the proper persons are not listed on the roll call,” Costanzo said. Those listed on the agenda included Robertson, now-Mayor pro tem Sarah Guerra and Councilmember John Trujillo, along with outgoing Councilmember Blanca Mendoza-Navarro and Mayor pro tem Beverly Cho.
“We’ve been here before; we did this same thing on Dec. 19,” Costanzo continued. “Again, I would simply ask that you call the roll yourself and call the roll for the properly installed city council members.”
He also asked the council to vote to remove the first item on the agenda, which listed tasks related to the city council’s reorganization, as he said it was redundant. City Manager Fernando Santillan initially refuted Costanzo’s direction and said the agenda item had not been approved by the previous council, which is required by the Elections Code.
“My recommendation, pursuant to the memo that I distributed to the city council last Friday, is to go ahead and proceed with the adoption of that resolution so that the liability to the city is minimized,” Santillan said.
In response, Costanzo said he believed Santillan placed the item on the agenda due to “some perceived risk in having actions taken by this council attacked because you’re not properly installed, presumably.”
At special meetings on Dec. 12 and Dec. 19, 2024, the council did not follow the typical procedure used by city councils to reorganize, but it did swear in its new members and approved a resolution to declare the results of the Nov. 5, 2024, election.
Typical practice — recognized and completed without issue by neighboring Valley cities — involves the seated city council convening to accept the results of the election and have departing members give their final remarks. Newly elected council members are then sworn in, and business as usual continues.
Trujillo, Mendoza-Navarro and Cho did not attend either December meeting, leaving the council without a proper quorum in the eyes of city staff, former City Attorney Megan Crouch and the Fresno County District Attorney’s Public Integrity Unit. Still, newly elected Councilmembers Jim Avalos and Santiago Oceguera took the oath of office on Dec. 12, before the council ratified the election results.
The council later completed that action — again without Trujillo, Mendoza-Navarro or Cho — by a 4-0 vote on Dec. 19. This occurred after the council received a letter from the Fresno County DA cautioning the council that it may have been in violation of state law.
Costanzo said the section of the Elections Code referenced by Santillan and the DA’s office was ceremonial in nature and was “the legislature’s way of allowing for a peaceful transfer of power.” He said the code does not have a remedy for when former council members do not adopt the election-related resolution, “another indication that the provision is purely directory.”
In light of that, Costanzo said “no one can attack anything this council does or has done based on a failure to have the former council persons adopt that resolution; there is no risk whatsoever.”
Mendoza-Navarro, Cho formally depart
With the matter of the council’s reorganization settled, Mendoza-Navarro and Cho, who were present at the Jan. 21 meeting, had a chance to make their parting remarks. Santillan also presented the two with plaques to recognize their four years on the council.
Providing her goodbye from the seat on the dais generally reserved for the city attorney — Costanzo had taken the city manager’s usual seat — during public comment, Mendoza-Navarro spoke about her faith and thanked residents who put their trust in her.
“Reflecting on the past four years, I am filled with a profound sense of gratitude and awe,” Mendoza-Navarro said. “The journey has not been easy, but it has been incredibly rewarding. Each trial and triumph have taught me invaluable lessons and have strengthened my faith and determination.”
In her remarks, Cho said she was proud of what she, Trujillo and Mendoza-Navarro, who frequently received criticism from Robertson and Guerra, were able to accomplish with the city. She added that she was grateful to city staff and the work they do to promote the city of Selma.
Resident responses to Mendoza-Navarro and Cho were mixed, with some frequent critics scoffing at their remarks and one resident claiming that the two were “hijacking this meeting.” Others thanked the council members, with resident Theresa Salas specifically calling out her gratitude for the two’s support in bringing rent stabilization to Selma’s mobile home parks.
New business
The Selma City Council then proceeded to put the past behind it, as council members discussed multiple items that reversed the decisions of the previous council.
Although the original agenda only listed items under the consent calendar, Costanzo told the council he had items to add to the open and closed session, allowable by a four-fifths vote on each item. Costanzo said the items he brought up were requested both by the new council members at the Dec. 19 meeting and by Costanzo himself in an email to Santillan but were not included.
Administrative Services Director Janie Venegas asked why Costanzo did not post a special meeting agenda after he discovered the initial agenda did not have his requested items, which would have allowed the public and staff to see agenda materials. Costanzo said he does not have access to post agendas on the city website and did not follow up with Santillan because he did not think Santillan would comply with his request.
“We assumed, given the agenda that was posted, that that request would be ignored, just as the request to add these items to this agenda was ignored,” Costanzo said.
Items added to the closed session agenda included discussion of public employment for all positions and departments, litigation involving the city of Selma and Second Chance Animal Shelter and a discussion of potential litigation. Items added to the open session included discussion of trees and lights in the downtown, repeal of an addendum to the city manager’s contract, repeal of the new city logo and a discussion of lower park rental and event fees.
The council voted 4-1 to add each item, with Trujillo, who joined the meeting via Zoom, voting against every item.
The council also added an item to the consent calendar to approve a resolution and contract with Costanzo as the new city attorney. Due to the item not being on the agenda prior to the meeting, residents did not have a chance to see the city attorney’s contract.
Notably, residents and council members who frequently list off city purchases included in the check register and scrutinize high employee salaries had no issue approving Costanzo’s contract without discussion or prior public review. The council approved items on the consent calendar with a unanimous vote.
