MINUTES
CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF APRIL 3, 2023
City Council Chambers, 2060 McHenry Avenue -7:00 P.M.
Additional venue GoToMeeting # 1 (408)650-3123 Access Code: 323-691-381 PRESENT:
STAFF PRESENT:
CONSENT CALENDAR
Mayor David Bellinger
Beginning Resolution No. 04-23
Beginning Ordinance No. 591
Beginning Minute Order No. 16-23
Mayor Pro Tem Andrew Thomas Hagan
Councilmember Jeremy Engle
Councilmember Malinda Walker
Councilmember Shawn Strohman
Dominique Romo, City Manager/City Clerk
Sopheap Dong-Carreon, Finance Director/HR Administrator Gustavo Flores, Chief of Police
Juston Collins, PW Superintendent/Manager
Courtney Richmond, Deputy City Clerk
Frank Splendorio, City Attorney
1. Approve the Minutes from the Regular Meeting of March 20, 2023.
2. Approve the Register of Demands for March 29, 2023 in the amount of $233,783 .77.
3. Reject the Claim for Damages filed by Harold Martin on March 1, 2023.
4. Accept the Coley Avenue and David Drive Waterline and Roadway Improvement Project and authorize the Deputy City Clerk to file the Notice of Completion.
Mayor Pro Tern Hagan pulled Item 3 for discussion.
MOTION - It is moved/seconded by STROHMAN/HAGAN that Consent Calendar Items 1, 2 & 4 be approved as presented Motion carried unanimously (5-0). MINUTE ORDER 16-23 Mayor Pro Tern Hagan asked if this item could be discussed further at another City Council meeting or during closed session so he can get further clarification.
City Attorney Frank Splendorio stated this item could be added to a closed session.
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Escalon City Council
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Council gave consensus to add this item to closed session for the April 17, 2023 meeting.
STAFF COMMUNICATIONS & UPDATES
5. a. Police Department Report - February
Chief of Police Gustavo Flores introduced new Reserve Police Officer Abraham Palomino.
Ceremonial badge pin presented by Escalon Police Sergeant Jose Zambrana. Council welcomed Officer Palomino.
b. City Manager's Report
- Informational Updates
- Cell Phones for City Council (Possible Direction)
- Liberty Business Park Update (Possible Direction)
City Manager Dominique Romo advised Council that Form 700's are due today.
City Manager Romo then updated Council on her findings regarding cities offering cell phones to their City Councils.
Councilmember Strohman asked City Manager Romo if there was research done into possibly using an app or voice-over IP on Council members' personal cell phones for City Council business.
City Manager Romo stated that an app can be downloaded onto personal phones through the current IT services for $20 a month per line. Alternatively, a separate physical cell phone would be about $45 a month per line.
Councilmember Walker asked if the app could be used to call out and if it will show the City Hall phone number.
City Manager Romo confirmed it would show the City Hall phone number on the caller ID.
Mayor Pro Tern Hagan asked Councilmember Walker what she thought about what was presented so far. He explained he does not need a cell phone or separate app but understands why Councilmember Walker wants one.
Councilmember Walker stated that she wants to keep city business and personal lines separate and if possible, set a precedent for future council members. Councilmember Walker wants to protect her privacy in the event her cell phone correspondence records are subpoenaed.
Mayor Pro Tern Hagan stated he is unsure if taxpayers should be paying for council members cell phones.
Further discussion ensued and Mayor Bellinger opened the item up to public comment.
Cody Fowler advised Council, citing his experience working in telecommunications.
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Escalon City Council
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City Attorney Frank Splendorio inquired about the ease of data retrieval and expressed his concerns regarding PRA requests.
Council gave consensus to continue this item to the next City Council meeting pending additional research.
City Manager Romo then provided a Liberty Business Park update.
Mayor Pro Tern Hagan requested this item be continued to the next meeting, pending additional survey responses.
Councilmember Engle agreed with continuing this item.
Danny Fox requested a report detailing how much sales tax revenue is received by the city from commercial and industrial businesses within the city limits, and stated Council should make the current empty retail shops in the city a priority as they do not require development and can generate sales tax revenue.
Kurt Danziger seconded the request for sales tax revenue report, expressmg concern regarding taxpayer funds being used to develop Liberty Business Park.
Richard Govia stated that Council members should not have the need for cell phones. He then stated that he is concerned that the Police Department contract has not been renewed to raise their salaries comparable to surrounding cities.
Councilmember Strohman stated that he does not agree with the resources put into the Liberty Park project and it should not be funded by taxpayer funds. He stated that the City has other priorities that need to be addressed and its property owners should manage the development of Liberty Business Park.
Further discussion ensued.
Council gave consensus to continue this item to the next meeting.
MATTERS PRESENTED FROM THE AUDIENCE
The public may address the City Council on any item that is on the Agenda at the time the item is called. The public may also address the City Council on any item not on the Agenda that is within the subject matter of the City of Escalon. Each speaker is limited to a maximum of five (5) minutes. Unused time may not be yielded to another speaker. You may state your name and address for the record; however, it is not required.
Due to state law, action will not be taken on an item that is not on the Agenda and except for brief responses, the Council is prohibited from discussing any item not on the agenda. If it requires action, it will be referred to staff and/or placed on a future Agenda. The determination of whether an item is within the subject matter of the City is a discretionary decision made by the Mayor.
Cody Fowler presented police officer salary data from surrounding cities compared to Escalon Police salaries. He stated that the current low salary in comparison to surrounding cities leads to higher turnover of police officers. Mr. Fowler expressed his gratitude to the Escalon Police Department for their service and stated City of Escalon police officers should be compensated
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appropriately and competitively. He stated he would like to see a salary increase for the Escalon Police Department included in the next budget.
PUBLIC HEARING
6. Introduce and Waive the First Reading and Hold a Public Hearing to Consider the Adoption of Ordinance No. XXX, amending Escalon Municipal Code Chapter 17.41.140 Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Junior Accessory Dwelling Units, and Exempting the Ordinance for CEQA.
City Manager Romo presented the staff report on this item and went over new amendments to government code in relation to Accessory Dwelling Units (ADUs).
She reminded Council that an urgency ordinance was passed about two months prior. The Planning Commission reviewed the proposed ordinance and recommended that the City Council adopt said ordinance with a vote of 3-0 (Dunbar/Sarkozy-absent). This ordinance is the same as the urgency ordinance, which would amend 17.41.140 as adopted by the City Council on February 6, 2023.
Councilmember Walker inquired about rental income reporting requirement, asking if this requirement was only for ADUs.
City Manager Romo stated that ADU rental income reporting requirement is now required per state law for all new ADU's.
Further discussion ensued.
City Attorney Splendorio stated that when the proposal was drafted, they took advantage of as many liberties to insert local ordinance codes as state law would allow.
Councilmember Walker asked what specific local codes were added to the ordinance.
City Attorney Splendorio stated he could not give specifics aside from height and setback regulations at this time but could provide specifics at the next City Council meeting or directly to Councilmember Walker.
Councilmember Strohman stated that he wanted to make it clear to the public that the city had little control when drafting the ordinance.
MOTION - It is moved/seconded by HAGAN/ENGLE to adopt Ordinance No. XXX, amending Escalon Municipal Code Chapter 17.41.140 Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Junior Accessory Dwelling Units, and Exempting the Ordinance for CEQA. Motion carried unanimously (5-0). MINUTE ORDER 17-23
COUNCIL COMMUNICATIONS & FUTURE AGENDA ITEMS
Councilmember Strohman requested update on swimming pool.
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City Manager Romo responded saying that the city has been in communication with the School District regarding the pool. She stated an update will be presented to the school district at their next meeting.
Councilmember Strohman requested update on repair to audio/visual equipment used to stream and record meetings to public.
City Manager Romo stated that some equipment was replaced and the cameras have been adjusted so the video feed has a better view.
Councilmember Strohman asked Chief Flores if the radar trailer had been moved to Deborah Circle yet as discussed at a previous meeting.
Chief Flores states that the radar trailer had been on Deborah Circle for 5 days capturing eastbound traffic. He states the department has plans to move the radar trailer to the opposite side of Deborah Circle to capture westbound traffic.
Councilmember Walker states the City has plenty of empty non-conforming commercial lots that are vacant and already hooked up to city services. She states that ideally, those lots would be the best option to develop and bring in revenue for the city but they are privately owned and the city cannot make owners sell their properties.
Councilmember Walker also states that she would like to reach out to Escalon Parks Foundation for an update. She would like to open communication with them to discuss fundraising to improve City of Escalon parks and recreation services.
Mayor Pro Tern Hagan informed Public Works Superintendent Juston Collins that he has been made aware of a pothole on Brennan A venue and requested it be repaired.
Public Works Superintendent Collins advised that he was also informed of the pothole and has already collaborated with the county to make the repairs.
Mayor Pro Tern Hagan asked about CCH's senior housing proposal from a few meetings ago, and inquired what their lottery process for senior housing would entail. He asked if there was a way that the lottery could be maneuvered to benefit residents of the City. He also inquired about the financing of the project.
City Manager Romo responded that future workshops to gather community input and provide additional information are in the works.
Mayor Pro Tern Hagan requested volunteers for the upcoming Love Escalon event April 29, 2023.
He directed those interested in participating in the contact the organizers.
Mayor David Bellinger informed Public Works Superintendent Collins of a conversation he had with a non-resident at the baseball field where the upstanding condition of the city facilities was applauded.
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Mayor Bellinger then inquired what the cost of the radar trailer for the Escalon Police Department was.
City Manager Romo responded that the cost of the radar trailer was approximately $16,000.
Mayor Bellinger then adjourned the meeting into Closed Session at 8:52 P.M.
CLOSED SESSION
7. Conference with Labor Negotiators, Cal Gov't. Code §54957.6 Agency designated representative: Dominique Romo, City Manager Employee Organization: Escalon Police Officers Association (EPOA)
8. Public Employee Annual Performance Evaluation, Cal Gov't Code §54957 Title: City Manager
9. Conference with Labor Negotiators, Cal Gov't. Code §54957.6 Agency designated representatives: City Council and City Attorney Splendorio Unrepresented Employee: City Manager
Council returned from Closed Session at 10:28 P.M. p.m. All five members were present for the duration of the session. No reportable action was taken.
ADJOURNMENT
There being no further business, Mayor Bellinger adjourned the meeting at 10:28 P.M.
Respectfully Submitted,
Courtney Richmond, Deputy City Clerk