AGENDA
CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF AUGUST 21, 2023
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. 34-23
Beginning Ordinance No. 593
Beginning Minute Order No. 40-23
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Access Code: 323-691-381
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk, 209-691-7400 or email [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102-35.104 ADA Title II)
CALL TO ORDER Mayor David Bellinger
PLEDGE OF ALLEGIANCE Mayor David Bellinger
ROLL CALL Mayor David Bellinger
Mayor Pro Tem Andrew Thomas Hagan
Councilmember Jeremy Engle
Councilmember Malinda Walker
Councilmember Shawn Strohman
NOTE: All cell phones, pagers and similar devices need to be set on silent or vibrate mode or turned off unless you are an on-duty emergency responder. 1 PRESENTATION
Mothers Against Drunk Driving (MADD) Awards to Police Officers Lawrence Baldonado and Nicholas Geck.
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 August 7, 2023.
2. Approve the Register of Demands for August 4-16, 2023 in the amount of $ 334,036.49.
3. Approve the Final Acceptance of Public Improvements for Project 18-689B located on McHenry Avenue, south of Catherine Way (APNs 247-150-710-000, 247-150-720-000, 247- 150-7300-000)
4. Adopt Resolution No. XX-23, Authorizing the City Manager to advertise various City Owned Properties for Lease.
STAFF COMMUNICATIONS & UPDATES
5. a. Recreation Report for July
b. Development Services Report for July
c. Public Works Report for July
d. Building Department Report for July
e. Water Department Report for July
f. Wastewater Treatment Plant Report for July
g. City Manager Report/Updates
i. Informational Updates
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.
PUBLIC HEARING
6. Adopt Resolution No. XX-23, Approving the Updated City of Escalon's Title VI Program for eTrans and Limited English Proficiency Plan.
2 The Agendas and Reports are posted on the City’s website: www.cityofescalon.org. Any writings or documents related to any open session item of a regular meeting of the Escalon City Council that is distributed less than 72 hours prior to the meeting will be made available for public inspection during normal business hours at the City Clerk’s Office located at 2060 McHenry Avenue, Escalon, CA 95320
ADMINISTRATIVE MATTERS
7. Receive Update and Consider Recommendations on the City’s Business License and Home Occupation Application Review and Processing Procedures, and provide direction as necessary.
8. Review Council Goals and Capital Improvement Projects (CIP) for FY 2023-2024 Budget. (Continued from the August 7 meeting)
COUNCIL COMMUNICATIONS & FUTURE AGENDA ITEMS
9. Discussion and Direction regarding City Council Communications and Potential Sunshine Policies.
ADJOURNMENT
CLOSED SESSION
10. Conference with Labor Negotiators, Cal Gov’t. Code §54957.6 Agency designated representative: Dominique Romo, City Manager Employee Organization: Escalon Police Officers Association (EPOA) SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 2060 McHenry Avenue. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this Agenda.
DECLARATION OF POSTING
I, IVETT CASTENADA AREVALO, Deputy City Clerk, certify under penalty of perjury, under the State of California, that the Escalon City Council Agenda for the Meeting of Monday, August 21, 2023 was posted 72 hours prior to the meeting in accordance with the Ralph M. Brown Act, in the area designated below on Thursday, August 17, 2023
Escalon City Hall
2060 McHenry Avenue
Escalon, CA 95320
Dated: Thursday, August 17, 2023
__________________________________________
IVETT AREVALO, Deputy City Clerk
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ITEM NO. __1__
COUNCIL AGENDA ITEM
FOR AUGUST 21, 2023
Prepared By: Ivett Arevalo, Deputy City Clerk
Date: August 17, 2023
Subject: Review and Approve the Minutes of August 7, 2023 Recommendation:
Approve the Minutes from the regular City Council meeting of August 7, 2023. 5 6
MINUTES
CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF AUGUST 07, 2023
City Council Chambers, 2060 McHenry Avenue -7:00 P.M.
Beginning Resolution No. 33-23
Beginning Ordinance No. 593
Beginning Minute Order No. 35-23
PRESENT: Mayor David Bellinger
Mayor Pro Tem Andrew Thomas Hagan
Councilmember Jeremy Engle
Councilmember Malinda Walker
Councilmember Shawn Strohman
STAFF PRESENT: Dominique Romo, City Manager/City Clerk
Jaylen French, Development and Community Services Manager Juston Collins, Public Works Superintendent
Jose Zambrana, Police Sergeant
Ivett Arevalo, Deputy City Clerk
Frank Splendorio, City Attorney
PRESENTATION
Mothers Against Drunk Driving (MADD) Awards to Police Officers Lawrence Baldonado and Nicholas Geck.
The Council gave consensus to continue this item as requested by City Manager Romo.
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 June 19, 2023 as amended. (Continued from the July 17 meeting)
2. Approve the Minutes from the Regular Meeting of July 17, 2023.
3. Approve the Register of Demands for August 3, 2023 in the amount of $1,156,630.38.
Kurt Danziger requested Minutes from July 17, 2023 be amended to show that during that City Council meeting he stated the surface water report presented was cloudy and that a more detailed report that includes a timeline, budget and a upcoming project scope completion dates should be presented. He also requested that the minutes from 7/17/23 include the statements he made regarding item 7, stating the charges for tree trimming maintenance at Bellaterra be questioned. 7 MINUTES
Escalon City Council
August 07, 2023
Mayor Pro Tem Hagan requested staff review audio to make amendments to Minutes.
MOTION – It is moved/seconded by HAGAN/ENGLE that the Consent Calendar be approved as presented with Item 2 (Minutes) to be approved as amended. Motion carried unanimously (5-0) MINUTE ORDER 35-23
STAFF COMMUNICATIONS & UPDATES
4. a. Treasurer’s Report for June
b. Quarterly SJCOG Citizens Advisory Committee Report
c. City Manager’s Report
1. Informational Updates
City Manager Romo presented the reports provided.
Development and Community Services Manager Jaylen French addressed the Council that he is actively reaching out to meet members of the City Council, the Planning and Recreation Commissions and local businesses. He provided an update on First Street parking concerns, and also stated that he has been reviewing ways to streamline the business license/home occupation process and that he is working with staff to put an item together for the 8/21/23 City Council meeting.
Sergeant Jose Zambrana stated he has no updates on behalf of the Escalon Police Department.
Public Works Superintendent Juston Collins stated that CalTRANS have given dates of Sept 3rd-9th for road work on HWY 120. He also informed the Council that the Hogan Park restrooms will be locked every night from 11:00 PM to morning due to vandalism. Public Works Superintendent Collins stated sidewalk repairs were made by the Library and announced the start of the 2023 Soccer season.
Mayor Pro Tem Hagan asked Public Works Superintendent Collins to give an update on the Viking Street water leak. Public Works Superintendent Collins stated that the water leak has been addressed.
City Manager Romo stated that due to changes that have been made, the city budget will be brought before City Council at the 1st meeting of September. She also stated that the 1st meeting of September falls on Labor Day, in which the meeting date will be on Tuesday, September 5.
City Manager Romo also stated that she is working with the City Attorney on moving forward with an RFP for the 18 and 7 acre city owned properties and should have tis item before Council at the next meeting.
City Attorney Frank Splendorio stated that there are exemptions under the Surplus Land Act and that is what they are currently reviewing before moving forward.
Councilmember Strohman asked Sergeant Zambrana how an incident not noted on the monthly Police Department report be added onto the log. City Manager Romo stated she would follow up with Chief Flores on this question.
8 MINUTES
Escalon City Council
August 07, 2023
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.
Ann Shaddix presented concerns brought to her by community members regarding funds raised by the Skate Park Foundation. She requested the Council address this matter at a future City Council meeting.
PUBLIC HEARING
5. Consider and Rule on an Appeal filed by Samuel and Stephanie Orlando for a Condition of Approval imposed pursuant to Planning Commission Approval of Variance Amendment #23-749B, for property located at 2226 Jackson Avenue (APN# 227-270-160-000) Councilmembers Strohman and Engle recused themselves from participation on this item, due to being seated on the Planning Commission when the decision of condition of approval was imposed on this project.
Development and Community Services Manager French presented the staff report.
Sam Orlando presented his argument before the City Council. He argues that because the two properties in question are commercial properties, there should not be a variance regardless of current use.
Discussion ensued with City Attorney Frank Splendorio advising the Council with options.
Mayor David Bellinger opened public hearing at 7:29 P.M.
Kurt Danziger stated that if Sam Orlando is made responsible for the fence, then any subsequent property owners would also be responsible for the fence. He stated that Sam Orlando should not be liable for the fence and that the responsibility should be shared.
Gary Haskin stated that since the properties being discussed are two commercial properties and must fall under commercial property rules regardless of residential uses.
Mayor Bellinger closed public hearing at 7:54 P.M.
MOTION – It is moved/seconded by BELLINGER/WALKER to remove the condition upon 2226 Jackson Avenue (APN# 227-270-160-000) in its entirety with no restrictions. Motion carried (2-1- 2; NAY- HAGAN; ABSTAIN- STROHMAN/ENGLE) MINUTE ORDER 36-23 Councilmembers Strohman and Engle returned to the dias.
6. Adopt Resolution No. XX-23, revising the schedule of user and regulatory fees for various city services.
9 MINUTES
Escalon City Council
August 07, 2023
City Manager Romo presented. She explained that while the city council was presented with a User Fee Study, only certain fees would be subject to increase. City Manager Romo also presented sample User Fees from surrounding comparable sized cities.
Discussion ensued.
Mayor David Bellinger opened the public hearing at 8:39 P.M.
Kurt Danziger spoke regarding his memory of how the previous city council determined fees. He suggested the Council take facts into account and not make decisions based on gut. He states that fees are the life and blood of the City. He states that when fees are cut, it costs the city and suggested deferrals of costs be prioritized over cutting fees to attract business to the city.
Mayor David Bellinger closed the public hearing at 8:43 P.M.
Councilmember Strohman asked when a comprehensive study can be completed, as he felt all of the fees should be reviewed more in-depth.
Councilmember Walker advised that she would like to see meeting fee options as well as more options for the rental of the fields/park.
City Manager Romo stated that a comprehensive study could be prioritized this year if Council desired.
MOTION – It is moved/seconded by HAGAN/ENGLE to Adopt Resolution No. XX-23, revising the schedule of user and regulatory fees for various city services as presented and to move forward with a new study for fee services in the 2024/25 fiscal year to become effective 2025/26 fiscal year.
Motion carried (3-2; NAY - WALKER/STROHMAN) MINUTE ORDER 37-23
ADMINISTRATIVE MATTERS
7. Appoint, reappoint, or provide direction on the Commission on Aging Escalon Representative seat.
City Manager Romo presented this item.
Ann Shaddix advised the Council that she is committed to various projects and would like to stay on another three years.
Council gave direction to announce the position via the city website, the city Facebook page, newspaper and posting at City Hall to give the public the opportunity to apply. The Council directed the announcement and posting of the position be done by August 9, 2023 at 5:00 PM and a deadline for applications be August 25, 2023 at 5:00 PM. Direction was also given for interviews for the position be added to the agenda for the City Council meeting on September 5th, 2023.
8. Consider a Request for Reduced Fees from Cornerstone Construction for a proposed Senior Housing Project referred to as Countrywood Estates.
(Agenda Item Request from July 17 meeting)
10 MINUTES
Escalon City Council
August 07, 2023
Development and Community Services Manager French presented the staff report.
Jeff Sales (applicant, contractor, and property manager) answered questions of Council.
Gary Haskin spoke regarding recreation for seniors and the age limit proposed.
Danny Fox agreed with deferring fees instead of eliminating fees as requested by contractor.
Kurt Danziger requested that seniors of Escalon be prioritized, stated that since the proposed development is market rate with no city rent control, Council should be careful with reducing connection fees. He stated that the connection fees charged are based on the actual cost incurred by the City and that he agreed with deferral of fees instead of reduction of fees.
Jeff Sales answered additional questions of Council.
MOTION – It is moved/seconded by STROHMAN/HAGAN to table Item 8 until further discussion is had between staff and the applicant regarding fee reduction or possible deferrals. Motion carried unanimously (5-0) MINUTE ORDER 38-23
9. Approve a Professional Services Agreement with 4Leaf, Inc., in the amount of $123,170 for the Preparation of the City of Escalon’s 2023-2031 (6th Cycle) Housing Element and authorize the City Manager to execute the agreement.
Development and Community Services Manager French presented the staff report.
Kurt Danziger gave public comment. Further discussion ensued.
MOTION – It is moved/seconded by ENGLE/HAGAN to approve a Professional Services Agreement with 4Leaf, Inc., in the amount of $123,170 for the Preparation of the City of Escalon’s 2023-2031 (6th Cycle) Housing Element and authorize the City Manager to execute the agreement.
Motion carried unanimously (5-0) MINUTE ORDER 39-23
10. Consider the Agenda Item Request from Mayor Pro Tem Hagan and Councilmember Engle regarding Goals and Objectives of the Council.
Mayor Pro Tem Hagan and Councilmember Engle presented this item advising that this item to create the conversation, obtain feedback and ideas, and set some goals to work forward with.
Discussion ensued about the goals listed and policies to discuss, which included audit/budget processes and timelines.
A Resident gave public comment regarding Audit.
Council gave direction to staff to figure out a timeline and return to Council at a further date with proposed dates for timeline.
11 MINUTES
Escalon City Council
August 07, 2023
11. Review Council Goals and Capital Improvement Projects (CIP) for FY 2023-2024 Budget.
Council gave consensus to continue Item 11 to the next city council meeting.
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Strohman thanked members of the audience and announced the last Farmers Market of the year.
Councilmember Engle expressed his disappointment at the decision made by the Council regarding Item 5. He then stated that it was brought to his attention that a Councilmember held a meeting without informing other members of council. Councilmember Engle requested this matter be added to the agenda for discussion at a future meeting. Mayor Pro Tem Hagan second the request, stating he was asked to inquire why rent control was being discussed at this meeting and other councilmembers were not aware.
Councilmember Walker stated, in response to the previous inquiry by Ann Shaddix, that the skate park fundraisers were managed by the Escalon Parks Foundation. She stated that they are a separate entity to the City of Escalon. She requested staff provide an update from the Escalon Parks Foundation.
Council provided consensus to staff to obtain an update from the Parks Foundation.
Mayor Bellinger thanked Public Works Superintendent Collins for working with CalTRANS and thanked the public for their involvement on 2023 National Night Out. He also announced the last Farmer’s Market was scheduled for August 16.
Mayor Bellinger then adjourned the meeting into Closed Session at 10:36 P.M.
CLOSED SESSION
6. Conference with Labor Negotiators, Cal Gov’t. Code §54957.6 Agency designated representative: Dominique Romo, City Manager Employee Organization: Escalon Police Officers Association (EPOA)
ADJOURNMENT
Council returned from Closed Session at 10:43 PM. All Councilmembers were present for the duration of the meeting. No reportable action was taken.
There being no further business, Mayor Bellinger adjourned the meeting at 10:43 P.M.
Respectfully Submitted,
_____________________________________
Ivett Arevalo, Deputy City Clerk
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