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Minutes

Escalon City Council
December 4, 2023

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December 4, 2023
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ESCALON

MINUTES

CALIFORNIA

CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF DECEMBER 04, 2023

STEPPING STO

TO CENTRAI

CALIFORNI
City Council Chambers, 2060 McHenry Avenue -7:00 P.M.

Beginning Resolution No. 45-23
Beginning Ordinance No. 595
Beginning Minute Order No. 67-23
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 & Community Services Manager Juston Collins, Public Works Superintendent/Manager
Robert Hardgraves, Police Sergeant
Ivett Arevalo, Deputy City Clerk
Frank Splendorio, City Attorney

PRESENTATION
Citizen(s) of the Month - Pastor Leonard Baumgarte, his wife Cara Baumgarte, and the multiple volunteers at the Escalon Pentecostal Church of God.

City Manager Dominique Romo initiated the presentation of the Citizens of the Month by announcing that submissions had been received anonymously. She then proceeded to read out the names of the volunteers at the Escalon Pentecostal Church of God. As she announced each name, Mayor David Bellinger distributed the awards to the deserving individuals

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 November 20, 2023.

2. Approve the Register of Demands for November 27, 2023, in the amount of $215,603.13.

3. Adopt Resolution No. XX-23, establishing the Appropriations Limit for the 2023-24 Fiscal Year.

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4. Approve a Professional Services Agreement with Andy Heath Financial Services for a total of $85,000 for the 2023-2024 Fiscal Year.

Councilmember Shawn Strohman pulled Items 2 and 4 for discussion.

MOTION - It is moved/seconded by HAGAN/STROHMAN that Items 1 and 3 be approved as presented. Motion carried unanimously (5-0). MINUTE ORDER 67-23 Councilmember Strohman inquired whether a Request for Proposals (RFP) for Financial Services should have been conducted for Item 4.

City Manager Romo responded that professional service agreements over $50,000 do not require an RFP and approval from the Council is required. She further explained that the City was also in an immediate need for financial services due to the Finance Director position being vacated during the budget cycle. Andy Heath was able to commence his services immediately, and he would continue to work on ongoing fiscal year matters. She also mentioned that if the Council wanted to put this service out for an RFP for the next fiscal year, to please advise by March 2024.

Councilmember Strohman expressed his appreciation for Mr. Heath's dedicated work on the budget and clarified that his concern was to ensure that there was no legal requirement for an RFP (Request for Proposals).

Councilmember Jeremy Engle stated that he had some concerns regarding Item 4 as well. He noted that the base salary for the Finance Director/HR Administrator is $110,610 annually. He pointed out that the annual agreement with Andy amounts to $85,000, which is approximately 75% of the annual salary. He inquired whether Andy was responsible for all the other duties and responsibilities associated with the Finance Director/HR Administrator position, in addition to working on the budget.

City Manager Romo stated that she was taking on the majority of HR. She listed a summary of the duties Andy Heath would provide as a financial consultant. Councilmember Engle asked what percentage of the Finance Director/HR Administrator job Andy Heath would be providing.

City Manager Romo stated that she would guess about 65-70%.

Councilmember Engle expressed his concern about the situation and inquired whether the vacant position for Finance Director/HR Administrator had been posted and opened for applications.

City Manager Romo confirmed that the position had been posted and explained that it had expired about a month ago but had been reopened. She mentioned that the position had been advertised on the Modesto Bee, which has multiple connections to various online job websites.

Additionally, she had used a list-serve with other cities to promote the job opening.

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Councilmember Engle expressed his inability to support the agreement with Andy Heath, citing concerns about the arrangement. He highlighted the fact that Andy Heath would be handling 60% of the work for 70% of the salary compared to a full-time in-house employee.

Councilmember Engle stressed the importance of having a team in-house for development, collaboration, and team bonding, which he believed was missing in this arrangement.

He also suggested that the city should be more aggressive in recruiting for the vacant Finance Director/HR Administrator position. Councilmember Engle stated that relying solely on newspaper advertisements for job postings was outdated, and the position required a higher level of recruitment, possibly through online job sites, to attract candidates with the appropriate experience and qualifications. Ultimately, he expressed his opposition to the agreement in its current form.

Councilmember Engle inquired about the possibility of having a more detailed breakdown of billing for the services provided by Andy Heath. He suggested having separate billing rates for different services, such as a flat rate for budget work and an hourly rate for other tasks.

City Manager Romo responded that she could ask Andy Heath to provide a more detailed breakdown of billing, indicating her willingness to accommodate the request.

Mayor Bellinger expressed his perspective on the financial aspect of the agreement with Andy Heath. He pointed out that the base salary of $110,610 for the Finance Director/HR Administrator position did not include benefits, which would add an additional cost of approximately 30%. He suggested that, considering the absence of benefits in the agreement with Andy Heath, the cost might not necessarily exceed the value of the services provided.

City Manager Romo explained her rationale for the $85,000 agreement with Andy Heath. She mentioned that she estimated this amount to ensure they have enough budgeted in case unexpected items arise during the year. While she acknowledged that Andy believes they will spend less than the full $85,000, she wanted to be prepared for unforeseen tasks that may require his services.

City Manager Romo clarified that the agreement with Andy Heath is not perpetual. Once they hire a new Finance Director/HR Administrator, they will no longer need his services. However, she would like Council to consider keeping him on for a month or two to provide guidance and mentorship to the new hire, especially if the new hire is less experienced.

City Attorney Frank Splendorio clarified that the agreement with Andy Heath is a professional services agreement based on time and materials. Heath will invoice on an hourly basis with detailed descriptions of the work he has performed, and the total cost will not exceed $85,000.

Councilmember Engle expressed his concern about the contract's openness and the lack of detailed descriptions of the time spent on various tasks. He mentioned that he could not approve the contract as written.

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Councilmember Strohman shared his perspective on professional services agreements, stating that he is familiar with such contracts in his professional career. He expressed concern that specifying line items for services in the contract could create complications if adjustments were needed between those items, necessitating contract amendments. He supported the contract's approach, which provided alump sum for services to be completed until June 30, 2024, allowing flexibility in how the consultant addressed the various tasks.

MOTION - It is moved/seconded by STROHMAN/BELLINGER to approve item number two in the consent calendar with STROHMAN voting no on check number 079902. And to approve Item 4 with an expanded scope of service from staff with line items listed. Motion carried (4-1; NAY- ENGLE) MINUTE ORDER 68-23

STAFF COMMUNICATIONS & UPDATES

5. a. Animal Shelter Report for October
b. City Manager's Report
i. Informational Updates
City Manager Romo explained that the Animal Shelter report for the month of October was not included in the previous meeting's agenda and was now being provided. She also mentioned that Police Chief Flores was out of the office, and Sergeant Hargraves covering his absence until the 18th. She encouraged Councilmembers to reach out to her if they had any matters related to the Police Department during Chief Flores' absence, and she would coordinate with Sergeant Hargraves as necessary.

Public Works Superintendent Juston Collins provided updates to the Council. He mentioned that after several months of waiting for swing parts, they had finally arrived, and they would be installing swings at Atlanta Park. He also mentioned that the pickleball court at Latta Park would be painted, and Public Works would be installing the swings as well.

Regarding the McDonald's construction project, Public Works Superintendent Collins noted that it was progressing well, with pavement being laid in the parking lot. They were planning a soft opening soon, possibly on Saturday, pending successful inspections, which would bring another restaurant option to the community.

Public Works Superintendent Collins also expressed his appreciation for the successful Christmas on Main event, with a large turnout and great weather, making it a good time for everyone.

City Manager Romo provided updates on the Tree Lighting Ceremony that took place on November 28th. She mentioned that it had the largest attendance in several years, with people arriving as early as 5:00 PM for an event that started at 5:30 PM. The Christmas tree at the

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ceremony was beautiful, and the weather wasn't too cold. Romo also noted that the hot chocolate served for the kids was a big hit, with children enjoying marshmallows.

City Manager Romo provided an update regarding the Request for Proposal (RFP) related to information technology (IT) services. She mentioned that they had previously discussed the IT RFP process in October, and they had conducted both informal and formal processes. At that time, due to certain circumstances, they reached out to a couple of other companies for quotes to draft a RFP. However, they had received only one quote, which was close to $6,000 for drafting a RFP. City Manager Romo wanted to inform the Council about this development and discuss whether they were comfortable with spending that amount on drafting the RFP. She emphasized that the IT aspect was specialized, and they wanted to ensure that the process was done correctly to avoid any future questions.

Councilmember Strohman inquired whether Cullen (Mid-Valley IT), who was previously involved in the conversation, had completely excused himself from it. He also sought clarification on whether the $6,000 budgeted for the RFP would be used for an independent review of the RFP.

City Manager Romo clarified that the $6,000 was for establishing and drafting A RFP so that companies could submit proposals in accordance with the RFP. She mentioned that Mid Valley IT, the City's IT consultant, would typically handle this task as part of their services. However, due to the circumstances and questions raised during this process, she removed Mid-Valley from the process. Staff is now considering hiring someone else to draft the RFP.

In response to Councilmember Strohman's question about who will be scoring the RFP, City Manager Romo stated that she would likely reach out to other neighboring agencies or experienced individuals to put together a panel. She emphasized that nobody from Mid Valley or their consultant would be involved in the process.

In response to Councilmember Engle query on timeframe, City Manager Romo stated that the quote window for the IT RFP typically closes in about 60 days, according to City Manager Romo. She mentioned waiting a few more weeks before making a decision.

City Manager Romo also informed the Council that there was an error in Item 8, and she had provided each council member with a corrected copy of the staff report. Additional copies were available at the front for anyone who may want an updated version, and the corrected information was highlighted in yellow.

MATTERS PRESENTED FROM THE AUDIENCE
A resident named Brett Taylor raised concerns about speeding on their streets and requested a stop sign installation at the corner of California and Mitchell Ave. Mayor Bellinger suggested holding off on discussing this matter because it is scheduled as an agenda item later, under item 8, and they could address it at that time.

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Sharon Vaughn, a resident, expressed her concerns about an abandoned orchard property near Arthur Rd that the city had sent out a request for lease proposals for. She mentioned that the orchard was dead, and they were not interested in leasing it. She further explained that the abandoned orchard was causing problems for neighboring almond orchards, such as hers, due to increased damage from navel orange worm infestations. Reject numbers for their almonds were the highest they had ever been, resulting in significant financial losses.

Sharon highlighted that proper orchard sanitation was crucial in battling navel orange worm infestations, but if neighboring orchards remained neglected, it would impact adjacent orchards negatively. She mentioned that Blue Diamond, the cooperative for almond growers, was exploring ways to address the issue of abandoned orchards' impact on almond yields.

Sharon also mentioned that there were government programs available to clean up abandoned orchards at a low cost and suggested that the city should consider taking action to address the abandoned orchard's sanitation to prevent further losses for neighboring farmers.

In response to Mrs. Vaughn's concerns, Mayor Bellinger explained that they are currently in the process of accepting open Requests for Proposals (RFPs).

Sharon Vaughn emphasized the need for action regarding the orchard's condition and the pest issues. She pointed out that the orchard appeared to be infested with pests, and the almond trees had labels or debris from previous seasons. She expressed her concerns and warned that if the situation doesn't improve, their Blue Diamond representative may contact them or even involve the Agricultural Commissioners. Mrs. Vaughn emphasized the severity of potential losses and the possibility of seeking external assistance if the issues persist.

PUBLIC HEARING

6. Consider Resolution No. XX-23, Adopting the 2024 Fee Schedule as Conservation as Adjusted Pursuant to the Financial Analysis Model for the San Joaquin County Multi- Species Habitat Conservation and Open Space Plan.

Jaylen French, the Development & Community Services Manager, presented Item 6 and provided information about the fee update for 2024 related to the San Joaquin County multi- species habitat conservation and open space plan. The purpose of this plan is to mitigate the loss of habitat and open space land due to development by imposing fees on new development to ensure mitigation. SJ COG conducts an annual analysis to determine the next year's fee, with a five-year report analysis serving as the basis for the annual fee.

Three out of four of the fees have decreased in per-acre cost, with the most commonly used fees experiencing a 7% reduction compared to the previous year.

Councilmember Strohman sought clarification from Jaylen French, the Development & Community Services Manager, regarding the fees being discussed. He confirmed that these fees

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are assessed to developers, not necessarily landowners. Furthermore, Councilmember Strohman clarified that the individuals who spoke earlier about their orchard would not be subject to these fees, as they apply to future development.

Mayor Bellinger opened the public hearing to the public for comment at 7:54pm.

Tom Terpstra, representing the Neumiller & Beardslee law firm in Stockton, introduced himself as the general counsel to SJ COG (San Joaquin Council of Governments). He offered his availability to address any questions the Council might have regarding the plan but noted that it seemed there weren't many questions at this time.

Gary Haskin explained that the fees being discussed are an alternative to obtaining individual permits from the state. He also stated that paying these fees to SJCOG provides a streamlined and cost-effective process for developers, making it a more convenient option.

Mayor Bellinger closed the public hearing to the public for comment at 7:55pm.

MOTION - It is moved/seconded by ENGLE/HAGAN that Resolution No. XX-23, Adopting the 2024 Fee Schedule as Conservation as Adjusted Pursuant to the Financial Analysis Model for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan be approved as presented. Motion carried unanimously (5-0). MINUTE ORDER 69-23

ADMINISTRATIVE MATTERS

7. Discuss an Agenda Item Request from Cody Fowler proposing to Add a mandate that if an Agenda Item is being voted on, that if at any time, any member of the City Council or City Staff recommends the item be modified in any way, that a new public comment session be conducted prior to any vote.

City Manager Romo mentioned that Cody Fowler had requested this item to be on the agenda but was not present at the meeting. Mayor Bellinger inquired about the agenda for the next meeting, and City Manager Romo indicated that it didn't have many items, with the audit being the most significant. Councilmember Strohman suggested giving Mr. Fowler an opportunity to explain the item, and Council gave consensus to continue the discussion to the next meeting.

8. Discuss an Agenda Item Request from Councilmembers Strohman and Walker to discuss Changing the Intersection at Mitchell and California from a two-way stop to a four-way stop.

City Manager Romo presented Item 8, which pertained to a request to change the intersection of Mitchell and California from a two-way stop to a four-way stop. She stated the request had come from a group of neighbors concerned about near misses and safety issues at this intersection,

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especially during school drop-off and pick-up times. The city conducted a thorough analysis, including speed data collection, incident history reports, and a warrant analysis.

The analysis showed that the average speed was 22 mph, there were approximately 1,500 vehicle trips per day, and there had been eight vehicle collisions since 2002. However, the traffic volume did not meet the threshold required for a four-way stop based on traffic engineering standards.

Near misses were not factored into the evaluation because of the subjectivity involved in identifying them.

City staff suggested two options for the Council's consideration: to continue monitoring the location for unsafe travel habits or to meet with residents in the area and school officials to explore additional improvements to the intersection. She informed the Council that Bill Cole, the city engineer, was also present to answer any questions.

Councilmember Strohman inquired about the status of the request for stop signs and suggested the possibility of changing the intersection from a two-way stop to a four-way stop. City Manager Romo responded that staff had looked into the matter and conducted data collection using the speed trailer. She mentioned that if the Council had any different preferences, they could let the staff know.

Councilmember Strohman acknowledged the scientific data presented but emphasized the importance of considering the reality and experiences of the residents who live near the intersection. He mentioned that residents had brought up their concerns about the problematic intersection during National Night Out and that he frequently observed issues at the intersection after dropping his son off at school. Strohman argued that while the scientific data is important, the Council should also prioritize listening to residents' concerns. He cited a previous situation on Stanislaus North where Council had responded to resident requests for a three-way stop sign despite the scientific data, highlighting the need to consider residents' perspectives. He urged the Council to take both scientific data and resident input into account.

Mayor Bellinger expressed his concerns regarding the idea of adding stop signs based on resident requests without adhering to scientific data, codes, and plans. He cautioned that if they granted stop signs for one neighborhood, they might end up having to install them everywhere in the city.

He mentioned that the threshold for stop signs was significantly higher than what was currently observed at the intersection. The mayor also raised questions about whether the traffic issues were localized to drop-off and pick-up times or if they occurred throughout the day. He emphasized the need for more data and expressed reservations about adding stop signs based solely on limited observations during a specific timeframe.

Mayor Pro Tem Hagan asked if there was a legal reason that prevented the installation of stop signs in the Deborah Circle situation, and City Manager Romo responded that it was not a legal issue but rather a matter of compliance with the established criteria and warrants for installing stop signs as outlined in the California Manual of Uniform Traffic Control Devices.

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City Manager Romo explained that the decision regarding the installation of stop signs is based on criteria and warrants outlined in the California Manual of Uniform Traffic Control Devices, which is a Caltrans document. The criteria include factors such as distance between stop signs and traffic volumes. While the data may indicate that a stop sign is not warranted according to these criteria, the City Council has the discretion to make a decision that goes against this determination.

Mayor Pro Tem Hagan suggested alternative options, such as installing yield signs, slow signs, or kid crossing signs, which might be more visually effective in alerting drivers to the presence of pedestrians and improving safety. City Manager Romo mentioned that the city plans to continue monitoring the area after the opening of McDonald's and consider adjustments as needed.

City Attorney Splendorio clarified the distinction between traffic control devices and traffic calming measures. While the California Manual for Uniform Traffic Control Devices sets warrants for traffic control devices like stop signs, the city has the flexibility to implement traffic calming measures to address safety concerns without the same warrant requirements.

Mayor Pro Tem Hagan sought clarification on whether implementing traffic calming measures would put the city in a legal situation, and the City Attorney indicated that there is more discretion in dealing with traffic calming measures through the Traffic Commission, but without specific scientific data, it could potentially lead to legal challenges from opposing arguments.

Councilmember Strohman clarified that the situation regarding Deborah Circle was different from the current one.

Mayor Pro Tem Hagan expressed the importance of addressing the safety concerns raised by constituents while also considering the potential legal implications of implementing measures to improve safety at the intersection.

City Attorney Splendorio highlighted the importance of conducting sound engineering studies to support the implementation of traffic control devices. He mentioned that following engineering recommendations and adhering to the standards outlined in the Manual on Uniform Traffic Control Devices (MUTCD) can help mitigate potential legal liabilities in the event of accidents or injuries. Additionally, he mentioned that implementing traffic control devices that are not warranted by engineering standards may create a false sense of security for road users, potentially leading to unsafe behaviors.

Councilmember Walker emphasized the importance of considering both the data and the subjective observations when evaluating the need for traffic control measures at the intersection of Mitchell and California. She pointed out the significant pedestrian traffic in the area, especially involving children walking to school and the potential dangers they face.

Councilmember Walker also highlighted the presence of two churches in the vicinity, which could contribute to increased traffic on Sundays. She emphasized the need to prioritize the safety of residents, especially in a residential neighborhood

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Mayor Pro Tem Hagan expressed concern about potential legal implications and lawsuits that could arise if traffic control measures were implemented without proper scientific backing. He sought clarification on how to navigate this situation effectively.

Councilmember Walker questioned the rationale behind certain intersections like Brayton, Elizabeth, and Justin having four-way stops while Mitchell did not. They sought an explanation for the discrepancy in traffic control measures between these locations.

Bill Kull, the City Engineer, explained that when considering stop signs, they must follow the manual's guidelines, which include factors like the distance to other crossings, the potential for future signalization, and the number of accidents in the area. He pointed out that the number of accidents in the Mitchell and California intersection over 21 years seemed relatively small compared to the criteria set by the manual, which requires five accidents in a 12-month period for consideration.

Bill Kull, the City Engineer, further elaborated on the criteria for installing stop signs. He mentioned that the intersection in question did not meet the necessary criteria, such as crash history, traffic volume during peak hours, and sight distance problems, to warrant the installation of a four-way stop sign according to the manual for traffic control devices. While the desire to protect children and ensure safety is understandable, the criteria established in the manual must be met to make an informed decision regarding stop signs.

In response to Councilmember Walker, Bill Kull, the City Engineer, explained that the stop signs on Justin and Brayton at California Avenue were not analyzed. However, he mentioned that installing a stop sign when there is already one 450 feet away and another 750 feet away can lead to unnecessary stopping of traffic, causing vehicles to accelerate more after stopping. This can potentially create safety issues and disrupt the flow of traffic.

Mayor Pro Tem Hagan asked Bill Kull if the criteria used for analyzing the need for stop signs are based on a per capita calculation or if they take into account the differences in population density between cities.

Bill Kull explained that the criteria for analyzing the need for stop signs are based on statewide and federal requirements, with factors like speed limits and road types taken into account. The criteria are not based on population density but rather on established standards.

Sergeant Hardgraves asked if there is a difference in determination between existing stop signs and new stop signs, particularly in new subdivisions. He inquired about the criteria used for determining the need for stop signs in new developments. Mr. Kull explained that in new subdivisions, the determination for placing stop signs is typically made by the traffic engineer on the project, and the designers often follow those recommendations. However, he could not confirm the specific reasons for the placement of the stop signs at Justin and California without further information.

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Councilmember Strohman asked about streets in Escalon that meet the 300 trips per hour threshold, given the city's low population and traffic. Bill Kull, the City Engineer, explained that they had only analyzed the specific intersection in question for this study and did not have data readily available for other streets in Escalon that might meet the threshold.

Councilmember Engle expressed his agreement with Mayor Bellinger's concerns about opening the door to requests for speed humps and stop signs on every street. He also concurred with the city engineer's assessment that the data did not warrant the need for a stop sign at the intersection in question. Councilmember Engle highlighted the issue of drivers not coming to a complete stop at existing stop signs in the city and noted the challenge of enforcing stop sign compliance. He emphasized that making exceptions in this case could set a precedent for future requests.

Councilmember Walker pointed out a comparable four-way stop at Oklahoma and California, which does not meet the 300 trips criteria but has a four-way stop due to the presence of kids traveling to school and pedestrians in the neighborhood. She emphasized that Escalon is a close- knit community where neighbors look out for each other, and safety concerns go beyond data and numbers, but rather focus on the well-being of the community members who walk and live there.

Councilmember Engle expressed concern that if they were to accept the argument based on pedestrian safety and the presence of kids, it could set a precedent where residents from various parts of town might request stop signs or speed humps due to speeding vehicles in their neighborhoods. This could potentially lead to a flood of requests for traffic control measures throughout the city.

Councilmember Strohman expressed concerns about the inconsistency in the council's decision regarding stop signs for high school students and elementary school students. He mentioned that the council had previously approved a three-way stop sign at Stanislaus and North Street to protect high school students, but they were hesitant to do the same for elementary students at Mitchell and California. Councilmember Strohman also raised the possibility of improving pedestrian safety by adding a crosswalk if a four-way stop sign were to be installed at Mitchell and California.

Sergeant Hardgraves discussed the potential impacts of adding stop signs for traffic control. He mentioned that studies show that increasing the number of stop signs can actually lead to increased speeds between the stop signs, as drivers tend to accelerate after stopping. He also emphasized that stop signs are not the preferred method for controlling traffic speed and that there are other traffic calming measures that can be more effective.

Councilmember Strohman reiterated his concern about safety and mentioned that he was looking at the issue from a safety perspective, especially for pedestrians.

Mayor Bellinger inquired about efforts to increase patrolling in the area during peak times and whether there has been an increase in issuing tickets for speeders. He also asked if there was any consideration in the engineering study for unintended consequences on other roads in the area if

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a four-way stop sign were to be added. He was concerned about how a stop sign might redirect traffic and whether that was taken into account in the study.

The City Engineer, Bill Kull, agree with Seargent Hardgraves that adding stop signs tends to increase speed and doesn't effectively address speed problems. He also noted that the study didn't analyze how adding a stop sign might affect other streets or redirect traffic. However, he mentioned that public works has been working on improving sidewalks and pedestrian circulation around schools, and this issue could be considered when installing sidewalks to ensure safe pedestrian traffic.

Councilmember Strohman emphasized that the traffic situation around Dent Elementary School is expected to become even more challenging in the future due to changes in drop-off and pickup locations for students with the construction of new school buildings. This means that the traffic volume on Mitchell Street is likely to increase significantly. He suggested that reevaluating the situation at the start of the next school year might yield different results.

Bill Kull, the City Engineer, acknowledged the points made by Councilmember Strohman regarding the potential increase in traffic and pedestrian activity around Dent Elementary School in the future. He suggested that the intersection should be reevaluated over time, taking into account seasonal variations in pedestrian traffic and any changes in school drop-off and pickup locations.

Mayor Bellinger opened up public comment at 8:33pm.

Renee Snow, a resident of 2125 California Street, expressed concerns about the safety of the intersection at Mitchell and California Streets. She mentioned that the street is busier than other nearby streets and has witnessed vehicles speeding through the intersection, even catching air due to the road's configuration. She recounted an incident involving a high school student caught speeding there and mentioned her personal experience as a witness.

Snow advocated for changing the intersection into a four-way stop to reduce traffic and improve safety for children walking to and from school. She highlighted the absence of crosswalks and sidewalks in the area and shared concerns about the potential for pedestrian accidents.

Additionally, Snow mentioned that a deputy from the Santa Clara County Sheriff's Department who specializes in traffic safety also lives in the area and has witnessed near-miss incidents.

While understanding the need to avoid potential lawsuits, Snow emphasized the importance of prioritizing safety in the community.

She concluded by mentioning that she had initially written down her points but reconsidered after hearing from the city attorney and council members, acknowledging the complexity of the issue.

Mayor Pro Tem Hagan asked Renee Snow if she would be open to the idea of implementing traffic mitigation measures, such as slow signs or caution signs, during the time frame when

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sidewalks were being assessed and installed. He specifically mentioned the possibility of using signs that alert drivers to be cautious due to the presence of young children.

In response, Renee Snow expressed her support for safety measures, especially considering the proximity of the church, which conducts drop-offs and pickups for students. She mentioned that such measures would likely help improve the situation and enhance safety in the area.

Lester, a resident of Escalon, expressed his concerns about the intersection of Mitchell Avenue and California Street during a public meeting. He mentioned that he has lived in the area for 15 years and has witnessed numerous near-accidents at the intersection. Lester believes that the intersection is dangerous and should have a four-way stop sign to prevent accidents. He mentioned that vehicles often speed through the intersection, even reaching speeds of 60 to 70 miles per hour, especially at night. Lester suggested that adding a stop sign would help slow down traffic and prevent future accidents. He also emphasized the need for safety measures, as he believes that the situation will only worsen as traffic increases in the area.

City Manager Romo informed the Council that she had received a public comment via email from Jayme Lueck/Greer, a resident living on Mitchell Avenue, who expressed support for making the California and Mitchell Avenue crossing a four-way stop. She mentioned having two young children and described the intersection as dangerous to cross during bike rides and family walks. She expressed the importance of having a crosswalk at California Street for their son when he attends school.

Mayor Pro Tem Hagan highlighted the need for additional sidewalks, prompting a discussion on potential solutions and the associated costs. Public Works Superintendent Juston Collins acknowledged the feasibility of installing sidewalks and ADA-compliant ramps but underscored the requirement for detailed planning and adherence to standards.

Mayor Pro Tem Hagan inquired about the financial viability of these changes, prompting Collins to note the necessity of a comprehensive financial review.

Mayor Bellinger sought further details on the scope of the sidewalk project, particularly regarding ADA compliance and the inclusion of tactile paving. He questioned if the ADA features would be limited to specific areas. In response, Superintendent Collins highlighted the project's flexibility, suggesting that the sidewalk could extend from Mitchell and California to the school. He stressed the importance of designing the sidewalk to lead to another ADA- compliant intersection or a final destination, rather than terminating abruptly.

Councilmember Strohman suggested a phased approach to address the sidewalk and stop sign issues, beginning with stop signs and then seeking funding for crosswalks and sidewalks through partnerships with the school district. Mayor Pro Tem Hagan acknowledged the complexity of the situation.

Mayor Bellinger preferred starting with mitigation efforts, such as consulting engineers for potential measures and involving police for enforcement, especially considering upcoming

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changes in school routes. He emphasized the need for a budget plan for sidewalks and advocated for starting with smaller steps like signage and speed bumps, similar to other city projects, before moving to stop signs.

Councilmember Strohman raised a question about the cost comparison between speed humps and stop signs, implying that speed humps might be more expensive.

Mayor Pro Tem Hagan suggested prioritizing signage to encourage slowing down while evaluating the situation regarding sidewalks
Councilmember Strohman agreed with the sentiment but expressed concerns about the availability of funds for sidewalks and crosswalks.

Councilmember Engle highlighted the legal and safety risks associated with any changes made at the intersection. He emphasized that regardless of the measure implemented be it speed humps, slow signs, or stop signs-any subsequent accidents could lead to legal liability and public backlash, as each change could be perceived as unwarranted and potentially contributing to accidents.

Councilmember Engle also stressed the broader responsibility of the council to consider the city's overall wellbeing, noting that a lawsuit resulting from an accident could impact all citizens. He proposed an alternative solution of increased law enforcement presence in the area, especially during peak hours. He argued that a stronger police presence and the issuance of tickets for violations like speeding could effectively change driver behavior without introducing new infrastructure that might lead to legal challenges.

Councilmember Strohman expressed agreement with Jeremy Engle's suggestions but raised a practical concern about the feasibility of increased police presence at the intersection during peak hours. He highlighted the limited police resources, mentioning that at times only two officers, or even just one, are on duty.

Sergeant Hardgraves confirmed this, explaining that the number of available patrol cars could vary depending on whether an officer took the night off or if a reserve was covering, leading to situations where only one car might be available.

Councilmember Strohman pointed out that dedicating these limited police resources to monitor one intersection could be impractical, especially if other calls for service arise.

He suggested consulting with the city engineer about alternative traffic mitigation measures that could be implemented at the intersection, other than stop signs, to address safety concerns.

Bill Kull responded and suggested installing a sign indicating that cross traffic does not stop.

This would be a MUTCD (Manual on Uniform Traffic Control Devices) approved sign, designed to alert drivers approaching the intersection that the crossing traffic won't stop. Kull noted that

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this type of sign is commonly seen at four-way stops, sometimes accompanied by a sign indicating that all directions should stop.

Kull emphasized that the primary goal is to install sidewalks, ADA ramps, crosswalks, and to establish safe routes from the intersection to the school. He acknowledged the need to assess available funding to determine how much sidewalk can be built. Kull also mentioned that they are compiling a list of streets where they plan to add sidewalks and ramps in the future.

Councilmember Strohman acknowledged the city engineer's suggestions but pointed out the challenges in making judgment calls about prioritizing the list of streets for sidewalk installation.

He expressed concern that due to funding limitations, some projects, including the one being discussed, might not be feasible for four or five years, highlighting the tough realities of city planning and budget constraints.

Bill Kull, the City Engineer, then outlined a worst-case scenario. He mentioned that building a four-way stop with stop bars and crosswalks, without the corresponding infrastructure of sidewalks, might inadvertently direct pedestrians either back onto the street or onto private property. He stressed that such a situation would not achieve the goal of improving pedestrian safety until they can meet the sidewalk requirements, illustrating the interconnected nature of traffic control and pedestrian infrastructure.

Jaylen French, the Development & Community Services Manager, addressed the discussion, noting the difficulty of devising on-the-spot mitigation measures. He mentioned that they are in the process of developing a traffic calming plan as directed by the Council. French suggested that they could re-examine the situation in light of the current conversation, which benefits from various perspectives, including residents' experiences and data observations.

He emphasized the value of hearing different viewpoints and the residents' lived experiences.

French proposed that with the Council's guidance, they could take more time to thoroughly analyze the situation and explore various measures. He acknowledged that immediate solutions might not be readily apparent and that a broader examination was necessary to identify effective traffic calming strategies.

Mayor Pro Tem Hagan voiced his opinion that while exploring traffic mitigation measures is important, prioritizing the installation of stop signs and sidewalks is crucial. He recognized the need for immediate measures to improve safety, like installing crosswalk signs or signs indicating children crossing. Hagan was cautious about moving forward with more complex solutions, like stop signs, until these fundamental issues were addressed, also considering potential litigation concerns.

Councilmember Walker, expressed strong support for installing a four-way stop at the intersection of Mitchell and California. She emphasized the importance of ensuring pedestrian safety, particularly for school children. Walker advocated for the installation of sidewalks within a block of all schools in the city, including Dent Elementary School, Overtime Middle School, and the high school, to provide safe walking routes.

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MOTION - It is moved/seconded by HAGAN/ENGLE that Staff investigate traffic mitigation for the intersection of Mitchell Street and California Street, then prepare and present a list of recommended safety-focused solutions to the Council before February 2024 for review and discussion. Motion carried (4-1; NAY-WALKER). MINUTE ORDER 70-23

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Strohman congratulated the citizens of the month, acknowledging their contributions. He commended Public Works Superintendent Collins for his successful involvement in the Christmas on Main parade and noted that the event was very crowded Councilmember Walker echoed Councilmember Strohman's sentiments, commending the success of the Christmas on Main event. She highlighted the impressive turnout, noting it was larger than what had been seen in a long time. Walker expressed optimism about the active participation of community members in city events, including their presence in the streets and parks and their volunteer efforts. She concluded by expressing appreciation for the community's involvement in making the city vibrant.

Councilmember Engle inquired if the current session was the last meeting of the year. In response, Mayor Bellinger and City Manager Romo clarified that there would be one more meeting on December 18th. Following this information, Councilmember Engle acknowledged the update and indicated that he had nothing further to communicate at that time.

Mayor Pro Tem Hagan remarked on the success of the Christmas on Main event, acknowledging its popularity as evident by the large turnout. He noted that the event was a significant hit compared to previous years and expressed pleasure in seeing so many people out enjoying the occasion with their families and friends.

Mayor Bellinger shared similar positive remarks about the Christmas on Main event, commending the Chamber of Commerce for their excellent work in organizing the parade. He noted the tavorable weather that contributed to the event's success and the strong community attendance. Additionally, Mayor Bellinger gave a special acknowledgment to the local footbal team for their impressive season, despite not achieving their ultimate goal, and expressed appreciation for everyone involved in the team's efforts.

Recognizing the busy holiday season, Mayor Bellinger reminded everyone to stay safe during the festivities. He concluded by noting that he looked forward to seeing everyone at the next meeting in a couple of weeks.

ADJOURNMENT
There being no further business, Mayor Bellinger adjourned the meeting at 9:07pm.

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Respectfully Submitted,
nevals
Ivett Arevalo, Deputy City Clerk

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