PRESENT:
STAFF PRESENT:
MINUTES
CITY COUNCIL OF THE CITY OF ESCALON
SPECIAL MEETING OF MAY 1, 2023
City Council Chambers, 2060 McHenry Avenue -6:00 P.M.
Mayor David Bellinger
Beginning Resolution No. 04-23
Beginning Ordinance No. 592
Beginning Minute Order No. 20-23
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 Juston Collins, Public Works Superintendent/Manager
Gustavo Flores, Police Sergeant
Courtney Richmond, Deputy City Clerk
Frank Splendorio, City Attorney
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 April 17, 2023 .
2. Approve the Register of Demands for April 25, 2023 in the amount of$ 278,996.67.
3. Approve Resolution No. XX-23, authorizing the City to remain a participant of the Urban County via the Cooperation Agreement for the purposes of administering the Community Development Block Grant (CDBG) Program for a three-year qualification cycle of Fiscal Years 2024-2026.
MOTION - It is moved/seconded by STROHMAN/HAGAN that Consent Calendar be approved as presented. Motion carried unanimously (5-0). MINUTE ORDER 20-23
STAFF COMMUNICATIONS
4. SJCOG Citizens Advisory Committee Quarterly Update
5. City Manager's Report
i. Informational Updates
ii. Cell Phones for City Council (Possible Direction)
iii. Agenda Item Requests (Possible Direction)
MINUTES
Escalon City Council
May I, 2023
Chief Flores informed Council that a reserve officer will be moving into a full-time Police Officer position.
He also updated Council on the radar trailer and the data collected on Deborah Circle, where it was determined by the City Engineer that no modifications were needed on this street. Chief Flores also informed Council that the radar trailer is currently monitoring First Street. Chief Flores also informed the Council that license plate readers (LP Rs) will soon be placed at the entrances of City.
Public Works Superintendent Collins informed the Council on a meeting with CalTrans where work performed by CalTrans was discussed. He also stated that the LOVE Escalon event was a success.
Councilmember Shawn Strohman expressed his dissatisfaction with some road work done by CalTrans and requested Public Works Superintendent Collins work with CalTrans to repair it.
City Manager Romo updated Council on options for call forwarding and the costs associated.
Council discussed options and costs. The Council also discussed the past use of a First Net phone.
Councilmember Strohman suggested that the sitting Mayor be tasked with carrying First Net phone and that sitting Mayor Pro Tern be 2nd to carry when the sitting Mayor is out of the area.
Council gave consensus on the use of call forwarding to personal voicemail, optional app service, and that the sitting Mayor will be issued a First Net phone and it be shared with sitting Mayor Pro Tern if Mayor is not in the area.
City Manager Romo then presented an Agenda Item Request submitted by Kurt Danziger requesting staff provide quarterly progress reports from Blackwater on the wastewater treatment plan upgrades and project cost to date, and other items.
Council gave consensus to add the request to the next Agenda for discussion.
City Manager Romo presented an Agenda Item Request from Larry Grossi asking to discuss current parking regulations.
Councilmember Strohman stated that he has spoken with Mr. Grossi in the past about Mr. Grossi's frustration with parking regulations and is interested in having Mr. Grossi be heard by Council.
Council gave consensus to add Mr. Grossi' s request to the next Agenda for discussion.
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.
Gary Haskin expressed concern over the Mayor having a First Net phone and stated he would like trained public safety officers to be free to respond in emergencies without interference from Council.
MINUTES
Escalon City Council
May I, 2023
Gabriella Vargas expressed concern over benefits vs cost of Escalon Police Department radar trailer and Escalon Police Department response to recent events she felt needed their assistance.
Danny Fox reviewed the Municipal Services Review (MSR) and Growth Management Ordinance and shared the estimated population growths based on the information they provide. He encouraged the public to read the updated MSR.
PUBLIC HEARING
6. Consider and rule on an Appeal filed by McDonald's for a Condition of Approval imposed pursuant to Planning Commission Approval of a Site & Architecture Plan and Conditional Use Permit #22-773, for property located on the Southeast Corner of McHenry Avenue and Countrywood Lane (APN# 227-320-230-000).
Deanna Uecker with McDonald's USA opened with the following statement, per City Attorney Splendorio's request - "I am Deanna Uecker with McDonalds USA and am fully aware that Mr.
Engle and Mr. Strohman had the ability to recuse themselves, but we decided that we did not feel they needed to, based on the fact that they did not vote at the Commission hearing and we preferred a full panel for tonight's discussion." She agreed that she knowingly stipulated no grounds for conflict of interest from her perspective.
Dave Romano presented on behalf of McDonald's. Mr. Romano stated that the reason for appeal is because of the hours of operation and gave reasoning to have hours of operation reviewed.
Mayor Pro Tern Andrew Hagan asked for clarification on the hours of operation requested.
Deanna Uecker responded that McDonald's would like the ability to set their operating hours based on the community's needs.
Further discussion ensued and the Public Hearing was opened by the Mayor.
Leah Truelove expressed disappointment that there will not be a play structure but stated she was excited for the late hours.
Sherry Hill stated that she is excited for the beverages offered by McDonald's and feels the hours requested are convenient to the community and commuters.
Kurt Danziger expressed concern over procedural operations and suggested McDonalds have appeal money returned. He also read a section of the application where it gives authority to the City Planner, Planning Commission and/or City Council to change the hours should they feel the hours are not working out.
Gabriella Vargas stated her disappointment in Planning Commission meetings. She offered results of her own research round town at different businesses near residential areas. She stated that the opening of a McDonald's is good for the City of Escalon and voting against, modifying or restricting McDonald's will affect other projects from coming to the City.
MINUTES
Escalon City Council
May I, 2023
Cody Fowler stated that while a business like a doctor's office with less traffic and no late hours would be ideal, those businesses do not bring in sales tax for the City. He states that the City needs all the revenue that can be collected.
An Escalon resident stated limiting hours will limit sales tax revenue, that McDonald's will generate jobs in town for teens and the revenue collected will benefit the City.
The Public Hearing was closed at 7:37 p.m.
Councilmember Strohman asked Council their thoughts on refunding the Appeal Fee as he felt it was because of a staff error.
City Attorney Splendorio clarified that while his staff misspoke during the Planning Commission meeting with McDonald's, the member of his staff immediately alerted the Commission as soon as she realized the error and provided the Commission the option of reconsidering the item. It was his understanding that at that time, one commissioner responded by saying that his vote would not have changed should the mistake not have happened and there was no visible desire to reconsider the item at that time.
Mayor Pro Tern Hagan expressed that Condition 17 be removed from the project.
Councilmember Engle concurred with Condition 17 being removed and advised that he did not feel the appeal fee needed to be refunded.
Councilmember Walker expressed excitement for the McDonald's coming into town but stated she is concerned with the traffic on Countrywood.
Mayor Bellinger stated that since there are no restrictions on business hours for any other business in town, he is not interested in setting that precedent.
MOTION -It is moved/seconded by HAGAN/ENGLE that the appeal filed by McDonald's for a Condition of Approval imposed pursuant to Planning Commission Approval of a Site & Architecture Plan and Conditional Use Permit #22-773 , for property located on the Southeast Corner of McHenry Avenue and Countrywood Lane (APN# 227-320-230-000) be granted as requested, with Condition of Approval #17 removed from the project requirements. Motion carried (4-1 ; NAYW ALKER). MINUTE ORDER 21-23
ADMINISTRATIVE MATTERS
7. Approve the First Amendment to the Employment Agreement with Dominique Romo for the position of City Manager for an annual salary of $152,763 .56.
City Attorney Splendorio presented the staff report on this Item.
Mayor Bellinger asked if the salary schedule would be updated to reflect the change.
MINUTES
Escalon City Council
May 1, 2023
City Attorney Splendorio stated that the salary schedule would stay the same, except for the City Manager line removed.
City Attorney Splendorio explains that the City Manager's salary is at the City Council's discretion and is a negotiated contract with an appointed official.
Councilmember Strohman states that while he appreciates City Manager Romo's hard work, the City has not yet received a mid-year budget update. He made a motion to table this item until the midyear budget is received.
Mayor Bellinger states he disagrees with Councilmember Strohman. He states. that raises were projected with numbers in mind and other bargaining units have been given raises. He states he agrees with pulling the position off the salary schedule.
Cody Fowler states he wants to know where the raise is for the Escalon Police Officer's Association.
He states that they have been without a contract for 10 months and their contract should be priority.
Councilmember Strohman restated his motion to table item until the mid-year budget is received. No second. Motion died.
MOTION -It is moved/seconded by ENGLE/HAGAN to approve the First Amendment to the Employment Agreement with Dominique Romo for the position of City Manager for an annual salary of $152,763.56. Motion carried (4-0-1 ; ABSTAIN-STROHMAN). MINUTE ORDER 22-23
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Engle thanked the residents who participated in the LOVE Escalon event.
Councilmember Strohman followed up on discussion from last meeting during Council Communications where he brought up possibly asking the Escalon School District for a refund of $3,762.13 on a payment that was made March 10 for pool maintenance. He stated that at a meeting with the school district on April 20, 2023 the school district provided invoices, PGE bills, and chemical bills dated up to Nov 10, 2022 when the pool was drained. He stated that because the school district was able to show evidence of cost incurred, he did not ask for a refund.
Councilmember Strohman then thanked residents for their participation in LOVE Escalon and the Farmers Market Event.
Councilmember Strohman stated that the East Palestine Ohio train derailment prompted he meet with City Manager Romo, Public Works Superintendent Collins, Chief Flores, Chief Rick Mello, Escalon Community Ambulance Chief Vanessa Herrero in an effort to make public safety more visible to the public. He stated there is a follow up meeting May 19, 2023 and he will update Council at a later meeting.
Councilmember Walker stated she was happy to hear of open communication with CalTrans, the efforts Escalon Police Department is doing to reduce speeding and to see the turn out for the Farmers Market.
MINUTES
Escalon City Council
May 1, 2023
Mayor Bellinger requested Public Works Superintendent Collins continue checking in with CalTrans on when the flashing light to be installed on 120/Brennan in the future. He also thanks residents for the Farmers Market turn out.
Mayor Bellinger then adjourned the meeting into Closed Session at 8:04 P.M.
CLOSED SESSION
8. Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to Government Code§ 54956.9(b)
9. Conference with Legal Counsel-Existing Litigation
Initiation of litigation pursuant to Gov. Code Sec. 54956. 9( d)(l ):
David Leer, et al. vs City of Escalon, et al.
ADJOURNMENT
Council returned from Closed Session at approximately 9:00 pm. All five members were present for the duration of the session. No reportable action was taken.
Mayor Bellinger adjourned the Council meeting at approximately 9:00 pm Respectfully Submitted,
Courtney Richmond, Deputy City Clerk