ESCALON
MINUTES
CALIFORNIA
CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF JANUARY 17, 2023
STEPPING STONE
TOCHFORNIA CENTRAL
City Council Chambers, 2060 McHenry Avenue -7:00 P.M.
Additional venue GoToMeeting # 1 (408)650-3123 Access Code: 323-691-381 Beginning Resolution No. 01-23
Beginning Ordinance No. 590
Beginning Minute Order No. 01-23
PRESENT: Mayor David Bellinger
Mayor Pro Tem Andrew Thomas Haga
Councilmember Jeremy Engle
Councilmember Malinda Walker
Councilmember Shawn Strohman
STAFF PRESENT: Dominique Romo, City Manager/City Clerk
Sopheap Dong-Carreon, Finance Director/HR Administrator Tuston Collins, Public Works Superintendent/Manager
Gustavo Flores, Chief of Police
Courtney Mogg, Deputy City Clerk
Anne Branham, Deputy City Attorney
STAFF BY PHONE: John Andoh, Transit Service Coordinator
CONSENT CALENDAR
These items are considered routine in nature and are acted upon by a single action unless requested by an individual Council Member or member of the public for special consideration.
1. Approve the Minutes from the Regular Meeting of December 19, 2022.
2. Approve the Register of Demands for January 11, 2023 in the amount of $ 810,959.43.
3. Accept the Escalon Sewer and Water Facility Installation Project and authorize the City Clerk to file the Notice of Completion.
4. Authorize the City Manager to execute an Agreement with MTM Transit, LLC, to Operate and Maintain the eTrans Transit System upon receipt of Caltrans concurrence.
Councilmember Strohman pulled Items 2 and 4 for discussion.
MOTION - It is moved/seconded by HAGAN/ENGLE that Consent Calendar Items 1 and 3 be approved as presented Motion carried unanimously (5-0). MINUTE ORDER 01-23
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Escalon City Council
January 17, 2023
2. Approve the Register of Demands for January 11, 2023 in the amount of $ 810,959.43.
Councilmember Strohman asked about a cell phone refund for former Mayor Edward Alves for $265.80 from January to June 2023.
Finance Director Sopheap Dong-Carreon stated it was a prepayment that was refunded for his personal phone. The service was terminated, therefore the remaining prepayment was refunded. 4 Authorize the City Manager to execute an Agreement with MTM Transit, LLC, to Operate and Maintain the eTrans Transit System upon receipt of Caltrans concurrence.
Councilmember Strohman inquired whether staff put the transit services out for a RFP.
Transit Services Coordinator John Andoh responded that a RFP process was not required because it was under the federal threshold of $250,000, but that he contacted multiple vendors to get quotes to operate the e Trans system.
MOTION - It is moved/seconded by HAGAN/WALKER that Consent Calendar Items 2 and 4 be approved as presented with Councilmember Strohman abstaining from check number 078282 Motion carried unanimously (5-0). MINUTE ORDER 02-23
MATTERS PRESENTED FROM THE AUDIENCE
At this time, the public may address the City Council on any item, not on the Agenda that is within the authority of the Council. The speaker is limited to a maximum of five minutes. Unused time may not be yielded to another speaker. The determination of whether an item is within the authority of the Council is a discretionary decision made by Mayor.
Gabriella Vargas inquired whether a tree on someone's property extending over the sidewalk and street causing damage to vehicles is the City's responsibility for code enforcement.
Public Works Superintendent Juston Collins responded he would talk to the property owner about the tree as it is owner responsibility.
Gabriella Vargas said she brought up the issues with the potholes in the Alley next to her house, she appreciates the effort of public works attempting to remedy the situation, but it was not a good job.
Public Works Superintendent Collins replied that he believes Public Works did a great job because it is a dirt alley and they went in with a road base, which is better compaction. It would be hard to do anything else other than road base because concrete or asphalt would be the next two things that you would put in there and its get costly. Public Works will make it as safe as possible.
Phyllis Govia asked if the City has an emergency response team or volunteers that come together or somewhere to go if there were a major power outage or flood.
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Escalon City Council
January 17, 2023
Chief of Police Gustavo Flores said the Community Center or the Library are utilized in times of emergency. He was in direct contact with OES throughout the storm updating them with any information from the City.
Phyllis Govia asked if there is any way the community could volunteer.
Chief of Police Flores responded that there is a volunteer program at the Police Department.
STAFF COMMUNICATIONS
5 a. Treasurer's Report for December
b. Police Department Activity Report for December
Animal Control Report for December
d. Recreation Report for December
e. Development Services Report for December
f. Public Works Report for December
g. Building Department Report for December
h. Water Department Report for December
i. Wastewater Treatment Plant Report for December
Councilmember Malinda Walker asked on the Treasurer's Report cash balances by fund what would a negative account reflects, pointed out fund 204.
Finance Director Dong-Carreon explained the City is waiting for the Prop 68 park grant monies for $182,000. The City submitted a claim to them but just have not received it yet. The City has already spent the money but it is pending a reimbursement from the State.
6. Report from Ann Shaddix on San Joaquin County Commission on Aging.
Ann Shaddix updated new Councilmembers on what she does as a commissioner on aging for San Joaquin. The primary function is to serve the seniors to make sure they have the services available to them and that they are aware.
PUBLIC HEARING
7. Consider an Appeal of the Planning Commission's Decision regarding Project Application 22-768 - Conditional Use Permit Application for 2307/2505 Jackson Avenue, requesting approval to the addition of six (6) mobile home units with associated parking spaces to an existing mobile home park. (This Project qualifies for a CEQA Class 3 Categorical Exemption under Section 15303 (b) new construction of a limited number of structures).
OPENED & CONTINUED FROM THE DECEMBER 17, 2022 COUNCIL MEETING Deputy City Attorney Anne Branham stated that there are two Councilmembers that need to recuse themselves due to having considered it at eye Plane a Co baision level and reusal under the rules City Manager Romo notes Councilmembers Shawn Strohman and Jeremy Engle were members of' the Planning Commission at the time this item was before the Commission.
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City Manager Romo presented the item to Council.
Mayor Bellinger asked the appellant to present their appeal.
Matt Davies, with Harmony Communities discussed the item. They have a spot in the back that has been a junkyard and storage and applied to add six units of housing and increase the affordable housing supply within the City. He worked with the fire department at length to address safety concerns related to ingress/egress.
Councilmember Walker said she is curious about the setup, how those are designed to sit on the lots, there is a ten-foot setback on these current mobile homes but the new ones he wants to add do not have the same setbacks. She asked if there was a reason it did not line up to conform to the rest of the community.
Mr. Davies replied that it was an oversight, when they drew those within state law how it typically works is zero lot line in the front, five feet in the rear and five feet side to side. There can be no more than seventy-five percent lot coverage.
Mayor Bellinger mentioned one of the concerns he spoke of is the neighbors behind the park. The City's zoning setbacks have been updated since the park was constructed. New projects are subject to current zoning and setback requirements. He inquired how this can be addressed.
Further discussion ensued
Mr. Davies said he is willing to get something done in conformance with what makes the City happy.
Mayor Bellinger asked whether a precedent is set for Council with setbacks if they approved setback not meeting current zoning regulations.
Deputy City Attorney Branham advised that since it is a mobile home park they are in a special realm of the law. With the setbacks in particular the reason they would be able to change it to three feet in the front and then add that on to the back is because HCD says it is ok in terms of setbacks.
The ten feet maybe something in staff communications that was initially preferred or just the way the architect drew it up. All of these things that they are discussing can become conditions in this kind of permit which is specific to this site only and so it doesn't leave you in a bad position for future projects to change the setback requirements. Whatever Council does tonight will run with this site.
He will have that conditional use permit for the rest of the use of the site as a mobile home park.
Council can take action tonight subject to stop going back working with the applicant to finalize those conditions and bring it back for Council approval.
Further Discussion ensued.
Mayor Bellinger opened the public hearing at 7:54pm.
A resident from Almond Grove said he looked up state regulations for HCD and that they cannot put those homes in there because it infringes on parking.
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Patrick Wolak he is on the southern property of the proposed build and reiterated that it is currently a R-1 zone. He formally requests that the Council reject this appeal since this was denied by the Planning Commission.
Kurt Danzinger stated his former career was in fire life safety with the City of Mountain View Fire Department where he collected all of the fire data for every fire suppression system in the City. He has concerns with the fire department that there was a well system versus what the applicant says City water. The two fire hydrants are expired, they are supposed to be replaced every fifty years the one in the front is forty-eight years old and the one in the back is fifty-seven. As a former member of the Planning Commission, he would strongly recommend Council to watch the meeting on YouTube. The Planning Commission bent over backward to try and make this project work.
John Griffin, Harmony Communities, is the general contractor and the one who had the drawings completed. He mentioned there are fire lines where people cannot park in one area. There would be an automatic gate, he has been meeting regularly with the fire department to make sure the gate is up to standards. They had a fire test done and it meets the standards.
Phyllis Govia spoke in support of her friends who live in the park, advising that the rent has increased and that people on fixed incomes cannot afford that. One way in and out of the park also does not sound reasonable to her. She does not support the project.
Danny Fox expressed his support for the letter submitted to the City that gives a synopsis of what concerns the Planning Commission had with this project. Copies were made public for the meeting.
He urged Council to review that letter.
Councilmember Walker asked if the Almond Grove would consider putting in a gate behind lots 212 and 213 for emergency situations.
Mr. Davies responded yes, and that there is also a meeting area by the clubhouse for cases of emergency.
Mayor Bellinger closed the public hearing at 8:21pm.
MOTION - It is moved/seconded by HAGAN/WALKER to deny the appeal of the Planning Commission decision regarding application 22-768-- Conditional Use Permit Application for 2307/2505 Jackson Avenue, requesting approval to the addition of six (6) mobile home units with associated parking spaces to an existing mobile home park. (This Project qualifies for a CEQA Class 3 Categorical Exemption under Section 15303 (b) new construction of a limited number of structures). Motion carried (3-2; ABSTAIN; STROHMAN, ENGLE). MINUTE ORDER 03-23
8. Adopt Resolution No. XX-23, approving a report requesting the placement of special assessments on the property tax rolls for recovery of costs incurred for code enforcement abatement, as set forth in the Escalon Municipal Code, for the property located at 2030 Main Street, Escalon (APN 227-170-220-000).
City Manager presented item to Council.
Councilmember Walker asked what prompted the City to initiate the code enforcement case.
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City Manager Romo replied that they received a complaint, so staff followed up on the complaint.
Councilmember Strohman asked if the property owner was in the audience tonight.
Further discussion ensued.
Councilmember Strohman said if he were going to make a decision on this item tonight he would like to see the breakdown of attorney fees.
City Manager Romo pointed out those charges were from February 2020 to September 2022 so that is thirty hours is over that two-year period. That is their assistance provided to staff in helping with other issues with this property.
Councilmember Strohman said at the bottom of the notice it says he has ten days to pay this and failure to do so may result in a special assessment placed on the property.
City Manager Romo said the City can provide payment arrangements in the event they are interested in doing so.
Anthony Gonzalez the Attorney for Gabriel Albor who is managing the property now, his uncle Antonio is the name on the title. The nephew who is a realtor and property developer has taken over his property here in Escalon. He is here to address some issues, some of which Councilmember Strohman has already addressed. He is here to ask for a continuance on this matter.
Anthony Gonzalez asked to continue this matter for thirty to sixty days.
Mayor Bellinger opened the public hearing at 8:45pm.
Anthony Gonzalez asked Council to look into the process of notifications. His client had no notice of how much the bill was. His client is aware that he owes some fees but the staggering amount of attorney fees is an issue. His client would like to resolve the matter without having a lien affixed to the property.
Mayor Bellinger closed the public hearing at 8:47pm.
MOTION - It is moved/seconded by HAGAN/STROHMAN approve staff to come to an agreement with the property owner and continue this item to the March 20, 2023 meeting. Motion carried unanimously (4-1; NAY- ENGLE). MINUTE ORDER 04-23
9. Receive AB 1600 Fees Report for FY 2021-2022.
Finance Director Sopheap Dong-Carreon presented item to Council.
Councilmember Engle asked about impact fees and the fund accounts.
City Manager Romo explained that developer impact fees are fees that are established upon new development or a change in use. If a house comes in and they are building a new single residential
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Escalon City Council
home they, will pay the one-time development impact fees which are fees at the time they are pulling the building permit that essentially pay for the homes impact to the City at that time. These fees are usually reviewed and updated every 5 years.
Further discussion ensued.
Mayor Bellinger opened the public hearing at 9:04pm.
Kurt Danzinger brought up the in-lieu housing fund and how it is the only one that is not a direct fund fee. That is a developer-incurred fee so they do not have to build low income housing. He believes the City should do away with the in-lieu and make developers develop low-income housing on new projects.
Mayor Bellinger closed the public hearing at 9:09pm.
ADMINISTRATIVE MATTERS
10. Review and Approve the Council and Local Appointments Lists.
City Manager Romo presented the staff report on this Item. Council discussion ensued and the Council agreed unanimously on making the following appointments:
Mayor Pro Tem Hagan as Representative - 2+2 City/School District Committee - Expires 01/17/2025: Councilmember Malinda Walker & Councilmember Strohman rotate as Alternate - 2+2 City/School District Committee -Expires 01/17/2025
Councilmember Jeremy Engle as Representative - San Joaquin County Advisory Water Commission- Expires 02/25/2024; Councilmember Malinda Walker as Alternative- San Joaquin County Advisory Water Commission - Expires 02/25/2024
Mayor Pro Tem Hagan as Representative - CDBG (HUD) Policy Committee-Expires 1/17/2025; Mayor Bellinger as Alternate - CDBG (HUD) Policy Committee-Expires 1/17/2025 Councilmember Strohman as Representative - Central Valley Division League of California Cities Executive Committee -Expires 1/17/2025; Mayor Bellinger as Alternate - Central Valley Division League of California Cities Executive Committee -Expires 1/17/2025 Mayor Pro Tem Hagan as Representative - Integrated Waste Management Committee -Expires 1/17/25; Councilmember Strohman as Alternate - Integrated Waste Management Committee - Expires 1/17/2025
Mayor Bellinger as Representative - Personnel Committee -Expires 1/17/2025; Councilmember Engle as Alternate - Personnel Committee -Expires 1/17/2025
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Escalon City Council
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Mayor Bellinger as Representative - San Joaquin Council of Governments (SJCOG) Board of Directors-Expires 1/17/2025; Councilmember Engle as Alternate - San Joaquin Council of Governments (SJCOG) Board of Directors -Expires 1/17/25 Mayor Pro Tem Hagan as Representative - San Joaquin Valley Unified Air Pollution Control District City Selection Committee-Expires 1/17/2025; Mayor Bellinger as Alternate - San Joaquin Valley Unified Air Pollution Control District City Selection Committee -Expires 1/17/25 City Manager Romo advised that staff will update this listing and reach out to each of these agencies and advise them that new Councilmember appointments have been made. She then reviewed the Local Appointments List, which is required to be updated annually and put out to the public. She pointed out current vacancies and advised what citizens were representing the City on which boards in the community.
COUNCIL COMMUNICATIONS
Cornis ember Engle asked sat to adies to audia ince so les so audio, video and Goo meeting options.
Councilmember Strohman asked Chief of Police Gustavo Flores if there was an update on the speeding situation on Deborah Circle.
Chief of Police Flores responded that he is still waiting on the third quote, he should be getting it sometime this week. He will bring the quotes back to Council for a decision.
Councilmember Strohman asked when was the last time there was a Citywide study for streets. He feels like speeding is an excessive problem.
City Manager Romo replied that they do not think they have ever done a citywide speed study.
Councilmember Strohman said the City should do it, as speeding is an excessive problem throughout town.
Chief of Police Flores said that is part of that radar he is purchasing. He can have Sergeant Hardgraves set up the computer to where he tracks the speeds of vehicles.
Councilmember Strohman wanted to thank Public Works Superintendent Juston Collins fixing the water meter issue last week. He advised the new smart meters allow residents to sign up and monitor their water bill and usage and that the staff should consider hosting a workshop on it.
Mayor Bellinger proposed that staff put out another notice before spring/summer comes.
City Manager Romo stated it is ran in the newsletter, but can be shared on the City's Facebook and webpage.
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Escalon City Council
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Councilmember Strohman inquired if there was an update with CalTrans regarding a traffic signal at Brennan and Hwy 120.
City Manager Romo replied that staff is waiting on a copy of the traffic report, the most current accident that occurred at that location was a DUI incident that is currently under investigation and being reviewed by the district attorney so staff is not able to obtain the traffic report until that is completed.
Councilmember Strohman asked how Councilmembers can suggest projects for next year's capital improvement plan.
City Manager Romo advised at the mid-year budget review or the budget workshop, which will be coming up in March and/or June.
Councilmember Walker asked that the staff directory on the City's website be updated.
Mayor Pro Tem Hagan inquired about staff look into the potential for the City to be reimbursed for unfunded mandates. It is his understanding the state government is supposed to pay the local government back for their mandates. He asked if staff could look into that more to try and recover some of those costs.
City Manager Romo advised him that item has been brought to the Attorney's attention and he is putting something together to forward out to Council.
Mayor Pro Tem Hagan also brought up looking into solar farming to potentially help stabilize cost of electricity for the park and local constituents.
City Manager Romo said she can put in a call to MID & PG&E and ENGIE, and get answers from them on whether or not that is something available. She will provide an update to Council once she hears back.
Mayor Pro Tem Hagan then brought up the City getting the infrastructure into Liberty Business Park, so as businesses come in they can pay back that cost incurred by the City.
Mayor Bellinger is opposed to discussing this item, as the citizens of Escalon may have to pay for it in their utility rates.
Further discussion ensued.
Deputy City Attorney Branham mentioned Council is outside the scope of the general communications but it could be placed on the next agenda to be discussed.
Councilmember Engle and Mayor Pro Tem Hagan provided consensus to add it to the next agenda for discussion.
Mayor Bellinger inquired how to update the signage for the recent state championship win.
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Public Works Superintendent said that in previous years Dugo Signs did it. He would need to get ahold of a sign shop, and he would need to get ahold of the school district to discuss payment. He mentioned bringing this item to the School Board Meeting.
ADJOURNMENT
There being no further business, Mayor Bellinger adjourned the meeting at 10:00 p.m.
Respectfully Submitted,
Courtney Mogg, Deputy City Clerk