ASCALON MINUTES
CALIFORNIA CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF JANUARY 16, 2024
IO CENTRA
LAUIFORN City Council Chambers, 2060 McHenry Avenue -7:00 P.M. « СОРОНЕ МИСТАНА
Beginning Resolution No. 01-24
Beginning Ordinance No. 595
Beginning Minute Order No. 01-24
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
Ivette Arevalo, Deputy City Clerk
Jaylen French, Development & Community Services Manager Juston Collins, Public Works Superintendent/Manager
Gustavo Flores, Chief of Police
Anne Branham, City Attorney
Andy Heath, Financial Consultant
City Manager Romo notified Mayor Bellinger about Chief Flores' upcoming presentation, and Mayor Bellinger approved
PRESENTATION
Chief Flores invited Brianna Reimann to the podium and introduced her as the City of Escalon's newest seport officer. nig hroted pd a sumere present ba cordured anet pucation, highlighting the attendees Officer Reimann addressed the audience, sharing that her journey with the City of Escalon began in 2018 as a police explorer at the age of 15. She expressed her passion for the career and mentioned transitioning to working in records in 2021. Grateful for the opportunity to become a reserve officer, she extended her thanks to everyone present that evening and throughout her journey for their support.
CONSENT CALENDAR
These items are considered routine in nature and are acted upon by a single action unless requested by an individual Council Member or member of the public for special consideration.
1. Approve the Minutes from the Regular Meeting of December 18, 2023.
2. Approve the Register of Demands for January 9, 2024 in the amount of $ 854,829.72.
3. Adopt Resolution No. XX-24, Accepting a Temporary Easement for Construction and Permanent Easement for Public Utility Purposes on a Portion of Real Property (APN 247-
MINUTES
Escalon City Council
January 16, 2024
100-040-000) Commonly Known as 25187 E River Road (Escalon Sportsman's Club), Authorize City Manager to Execute Said Easements, and Consent to the Recordation in the Official Records, County of San Joaquin.
Councilmember Engle pulled Item 1 from the Consent Calendar for discussion.
Councilmember Strohman noted his objection to the invoice for Blackwater Consulting, Inc. regarding the wastewater treatment plant project during the discussion.
MOTION - It is moved/seconded by STROHMAN/HAGAN that Items 2 and 3 of the Consent Calendar be approved as presented with STROHMAN objecting to Check #080044 Motion carried unanimously (5-0) MINUTE ORDER 01-24
Item 1 pulled from the Consent Calendar for discussion. Councilmember Engle expressed concern about ngoing issues with accessing You lube recordings of
reliable recordings. He requested staff develop a plan to address the problem and find a solution before the next council meeting.
MOTION - It is moved/seconded by ENGLE/BELLINGER that Item 1 from the Consent Calendar be approved as presented. Motion carried unanimously (5-0) MINUTE ORDER 02-24
STAFF COMMUNICATIONS & UPDATES
4. a. Treasurer's Report for December
b. Police Department Report for December
c. Animal Control Report for December
d. Recreation Report
e. Development Services Report for December
f. Public Works Report for December
g. Building Department Report for December
h. Water Department Report for November
i. Waste Water Treatment Plant Report for November
j. City Manager's Report
i. Informational Updates
ii. Discussion/Direction - Permanent Vote-by-Mail Drop Box ili. Discussion/Direction - City Owned Properties (Bellota/St. John/Catherine) iv. Discussion/Direction - Main Street Improvement Project Councilmember Strohman stated he had a question for Chief Flores. He pointed out that the Police Department Activity report showed that there were 92 moving violations for the month of December 2023.
He wanted to know if they were up from last month. Chief Flores said they were and Councilmember Strohman said he would like to applaud the Escalon Police Department and asked if there was a particular reason for the increase or if the department was just getting better at issuing citations. Chief Flores stated that they were enforcing citations instead of giving more warnings. Councilmember Strohman stated again that he applauded the department and that that's the first step in getting speeders to slow down.
MINUTES
Escalon City Council
January 16, 2024
Councilmember Malinda Walker noted the absence of markings on the crime map included in the Police activity report, which was different from previous maps indicating where crimes occurred in the City. She sought clarification on whether this was the correct map and, if not, requested another copy with markings to be provided for the council.
Councilmember Strohman shared positive feedback about Officer Harrison's role as the School Resource Officer (SRO). He mentioned receiving rewarding comments from the public and expressed gratitude for the peace of mind it brings to the community, especially as a father of an elementary school student.
Councilmember Strohman requested that Officer Harrison be informed of the community's appreciation, emphasizing both public and council support.
Chief Flores reported receiving positive feedback about Officer Harrison, the School Resource Officer (SRO). He mentioned that both faculty and school children love Officer Harrison at the schools. Chief Flores happily noted that the kids often ask the SRO for stickers, and despite recently purchasing 500 stickers, they have already run out, prompting the need for more. He shared that parents and children were excited to see Officer Harrison at the school. Initially, some parents were alarmed, but Officer Harrison reassured them, leading to positive reactions from parents who were pleased with his SRO role.
Councilmember Engle expressed appreciation to Jaylen French, Community and Development Services Manager for his report. He commended the significant work being done by Mr. French and acknowledged his ability to maintain tact and composure during the recent Main Street Park Workshop held just before the Council meeting
Community and Development Services Manager Mr. French provided an update on the housing element status. The initial draft was submitted to HCD by the end of December, with a standard 90-day review period. Anticipating comments by the end of March, the plan will be adjusted accordingly. While aiming for a single review cycle, there's a possibility of subsequent cycles. If completed in one cycle, the finalized draft is expected to be presented to the Planning Commission and the Council in April and May for adoption. Subsequent reviews, if needed, would occur a few months after these dates.
Councilmember Strohman inquired about the potential impact on the deadline set by HCD. Mr. French confirmed that subsequent reviews could lead to missing the grace period deadline provided by the state.
Councilmember Strohman sought information on the detrimental effects of missing the deadline. French explained that non-compliance could result in losing state funding, deeming the general plan inadequate, and triggering consequences such as the "builders remedy," which reduces local control over project approvals.
Councilmember Strohman expressed a desire to avoid these repercussions, to which French reassured that they are working diligently to expedite the process.
Community and Development Services Manager French discussed a couple of upcoming projects at the Planning Commission. He highlighted the proposed first development in the Liberty Business Park north of SR 120, involving a steel fabrication business relocating from Oakdale to Escalon. Additionally, there is a commercial business on Escalon Bellota north of SR 120, a proposed meat store with butchering and commercial sales. Both projects will be presented to the Planning Commission in the next few months.
Community and Development Services Manager French also mentioned the staff's examination of the California and Mitchell intersection and circulation issues around Dent Elementary. A proposal is expected in February, with ongoing discussions and input from Dent Elementary leadership to finalize long-term improvements and solutions. The Council can anticipate updates on these matters at the next meeting.
MINUTES
Escalon City Council
January 16, 2024
Chief Flores highlighted an incident that occurred at the end of December, specifically a shoplifting case detailed in the report. He commended his staff for their hard work in addressing shoplifting incidents, noting their success in discovering additional charges and warrants for those involved.
Public Works Superintendent Juston Collins stated that he did not have any updates to prove the Council at this time.
City Manager Romo mentioned a recent 2 + 2 meeting with the school district, the Superintendent, and board members. The feedback on the School Resource Officer (SRO) was positive, and discussions about potential amendments to the agreement were underway. These amendments might include allowing the SRO to visit other schools within the district outside city limits, and further details were being coordinated with the Sheriff's Department due to jurisdiction considerations. Any significant updates to the agreement would be presented to the Council for review.
City Manager Romo then informed the Council that years ago the City applied for an SB-2 planning grant for $160,000. The grant was used to contribute to the previous housing element update, cover costs for an updated municipal services review, and facilitate the drafting and approval of multifamily and senior housing design guidelines. The final reimbursement check of close to $109,000 was received and the file is now closed
City Manager Romo briefed the Council on the existing five-year agreement with the City of Oakdale for animal control/shelter services. Initially, the City of Escalon faced staffing challenges and collaborated with Oakdale due to turnover and operational difficulties. The current shelter, constructed for a population of 4,000, is now inadequate for the present population. The City of Oakdale is contemplating the construction of a new shelter to address capacity issues and the aging facility. This initiative, in its early stages, aligns with the interests of the City of Riverbank, which also finds the proximity of Oakdale convenient. As Oakdale explores this option, they will seek a definitive commitment from the City of Escalon. With four years remaining on the contract, the City Manager has instructed the finance consultant to assess the situation as it unfolds, ensuring the Council is informed.
City Manager Romo presented the topic of a permanent vote-by-mail drop box. The San Joaquin County Registrar of Voters expressed interest in installing one on city property to ensure equal access for everyone to drop off their ballots. The proposed drop box would be large and monitored by a camera for 30 days prior to elections, with a live stream feed accessible on their website.
She added that if the City decides not to have one, private businesses/properties like Orlando's Market and Ace Hardware will be considered as alternative locations in response to potential complaints about the lack of a ballot drop box in Escalon. Potential locations, including City Hall, were explored, and pictures were aken for consideration. City Manager Romo sought direction from the Council on whether they would be interested in this initiative.
Mayor Pro Tem Hagan Andy expressed concerns about potential abuse of the drop boxes, particularly issues like ballot stuffing.
Public Works Superintendent Collins clarified that the proposed drop boxes are larger than previous versions and would be placed permanently outside.
Mayor Pro Tem Hagan highlighted the importance of understanding the setup and security measures in place before fully supporting the idea. His main concern was ensuring the drop boxes are not subject to misuse or fraudulent activities.
MINUTES
Escalon City Council
January 16, 2024
City Manager Romo shared that the City is not required to bear any costs for the installation of the drop box, as the San Joaquin County Registrar of Voters is willing to cover expenses. They would also handle tasks such as pouring concrete and installation, and they are aiming to meet a deadline of February 5th. She also shared that as of now, Stockton and Lathrop are the only cities that have approved the drop box and that Lodi has declined. While it is not a mandatory requirement for the City at this time, Council saying no might lead to a drop box appearing elsewhere in town.
Mayor Bellinger inquired whether the Registrar of Voters would no longer be putting temporary drop boxes inside City Hall or inside the Ace Hardware store as they have in the past. City Manager Romo responded that they did not indicate either way.
Mayor Bellinger was concerned about having big, permanent structures for elections. He suggests might be better to use smaller, temporary ones like they did before. PW Superintendent Collins shared pictures to highlight the size difference.
Councilmember Strohman asks if such large structures are really necessary.
Councilmember Walker stresses the need for monitored locations, echoing what Mayor Pro Tem Hagan mentioned earlier.
City Manager Romo will follow up with more details through email for faster communication.
Mayor Bellinger brings up concerns about cameras in permanent structures and wonders if smaller, temporary ones should have cameras too.
City Manager Romo recommended the library as a suitable location for the election drop box. She highlighted its central position in town, being owned by the City but operated by San Joaquin County.
Romo believes the library, being in the downtown area, would attract more people. The existing concrete at the library makes it convenient for installation. The Registrar of Voters would install, add a camera for 30 days prior to election, and secure it as proposed
The second option is City Hall, but Romo expresses concerns about it being less central. Lastly, the Community Center offers various locations, with the parking lot being the most accessible. Romo outlines plans for concrete installation in the parking lot to accommodate the election box. These three locations were staff's recommendation for potential election ballot box placement.
Mayor Bellinger asked if the post office was considered as a possible location. City Manager Romo replied that staff had thought about it but highlighted the strictness of federal regulations. She cited past incidents where the City had bus signs at the post office for years, but the Post Office suddenly made them take them down. Public Works Superintendent Collins agreed that the post office would likely not agree to the request.
Mayor Bellinger questioned if other cities were approving the installation. City Manager Romo reclarified that only Stockton and Lathrop had approved thus far, and that Lodi had declined. The discussion concluded with Mayor Bellinger requesting information on the use of smaller drop boxes in the future.
City Manager Romo then updated the Council on city-owned properties, specifically the 18-acre orchard next to Hogan Park and the 7 acres at the corner of St. John and Catherine Way. Request for Proposals (RFP) had been conducted twice, with minimal responses. Currently, the City is obtaining quotes from vendors to remove trees and stumps from both locations. Additionally, collaboration with the Greater Valley Conservation Corps (GVCC) is underway to explore discounted assistance. Mayor Bellinger suggested clearing the properties to assess the situation, and Councilmember Walker emphasized the urgency.
MINUTES
Escalon City Council
January 16, 2024
City Manager Romo stated that they conducted two Main Street improvement project workshops, and now the staff will take the feedback received and work on revising options. She mentioned that they would bring the revised options back to the council. Romo sought feedback from the council on whether there were additional tasks they wanted the staff to perform in the meantime. The completion of these tasks might extend beyond the next meeting and potentially be addressed late February. She assured the council that there was no rush and invited them to provide any further instructions or feedback on the project.
Mayor Pro Tem Hagan expressed the desire for the City to reach out more aggressively to the railroad to explore potential lease options or a lease-to-buy arrangement for the Main Street improvement project. He emphasized the importance of avoiding additional costs after making improvements. Hagan also urged the City to carefully listen to citizens' feedback and consider long-term values, traditions, and the unique identity of the community. He highlighted the need for transparency and alignment with the community's core values to ensure the project's success.
Councilmember Strohman expressed concerns about the current lack of community support for the Main Street improvement project in its current design. He emphasized the need for significant redesign efforts.
Strohman also made a request for staff to bring projects like this to the Council ahead of time, allowing for early communication and transparency. He highlighted that being informed in advance would enable Council members to engage with the community and contribute to the decision-making process effectively.
Councilmember Engle requested a summary of the two workshops, including the general consensus, repeated community preferences, the number of participants, and survey findings.
Councilmember Walker emphasized the need for clear and transparent communication between staff and the Council. She expressed concern about not receiving information on revisions and maps in a timely manner, stating that she hopes for improved communication in the future, especially on significant projects like the Main Street improvements.
Mayor Bellinger suggested that multiple versions of drawings for the Main Street improvement project be presented during meetings. He emphasized the importance of considering different opinions and ideas from the community and requested visual aids that allow for adjustments on the spot. The idea is to have a scale drawing where changes can be made during the meeting based on suggestions from attendees, providing a more interactive and efficient process for refining the project plans.
Councilmember Strohman responded that wat Mayor Bellinger was describing is called a Design Charet.
MATTERS PRESENTED FROM THE AUDIENCE
Sherry Hill inquired about the possibility of obtaining access to the Community Center, particularly the key code, to facilitate her work with the Giving Pantry (formerly Escalon Strong Food). She mentioned the intention to set up tables and lock up the building when needed.
Mayor Bellinger suggested addressing this item later during administrative matters, possibly when discussing keys and access permissions for the Community Center. Sherry Hill agreed to wait and return to discuss the matter further.
Kurt Danziger expressed concerns about the progress of industry participation in the outreach for the water treatment plant and the associated costs. He mentioned that the permit date is in June, with the last submittal to the State in December. Danziger suggested that decisions need to be made before June, considering the potential need to redesign aspects of the wastewater treatment plant without industry input. He emphasized
MINUTES
Escalon City Council
January 16, 2024
the importance of industry buy-in and raised concerns about the current scale of the project, given its significant cost.
Sharon Vaughn expressed concerns about the timeline for removing orchards and the potential impact on neighboring orchards. She emphasized that damage to orchards typically starts in June and continues until the crop is harvested. Vaughn mentioned that the presence of orchards in the vicinity could affect the grades and quality of crops in neighboring orchards. She urged for prompt action to clean up the orchards before the specified timeline to avoid negative consequences for the surrounding orchards.
Randy Schmidt suggested considering the area next to the Police Department as a potential location for the ballot drop box. He expressed concerns about the safety of placing it at Hogan Park or the library, mentioning that these locations might have less oversight. Schmidt emphasized that having the drop box close to the Police Department could provide better security and oversight, reducing the risk of misuse or unauthorized handling of ballots.
ADMINISTRATIVE MATTERS
5. Discuss and Accept the Annual Audit Report for Fiscal Year 2021-2022.
Michelle Gallagher with Gallagher Gatewood provided an overview of the annual audit report. She mentioned that the audit resulted in a good unqualified opinion on both the audit itself and the internal controls. Despite some frustrations regarding the time it took to complete the audit, there were no major changes in the financial statements, and the process was relatively straightforward once all the information was gathered. Michelle Gallagher expressed understanding of the concerns and frustrations about the timeline of the audit.
Councilmember Strohman inquired about the upcoming audit for the fiscal year, expressing concerns about meeting the deadline.
Andy Heath, Financial Consultant, responded by indicating that the process for the forthcoming audit should be quicker for the fiscal year 2022-2023. He mentioned having already compiled the necessary numbers, presented them during the budget adoption for 2023-2024, and outlined the remaining steps to finalize the audit. Heath assured that efforts would be made to file the State Controller's report by January 31st and that the goal was to present another audit to the Council within the next four to five months.
Councilmember Strohman acknowledged the importance of receiving information well in advance and thanked for the clarification.
Michelle Gallagher mentioned that the current goal is to complete the Controller's report before the end of the month.
MOTION - It is moved/seconded by HAGAN/STROHMAN that the Annual Audit Report for Fiscal Year 2021 - 2022 be accepted as presented. Motion carried unanimously (5-0).
MINUTE ORDER 03-23
6. Discuss and Possibly Take Action on 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
MINUTES
Escalon City Council
January 16, 2024
way, that a new public comment session be conducted prior to any vote. (Continued from the December 4, 2023 Meeting)
The Council discussed Cody Fowler's concerns about agenda items being altered after public comments and voted on without additional public input. Cody Fowler suggested exploring options, such as mandating public comment for modified agenda items. Mayor Pro Tem Hagan inquired about the need for a rule change or mandate, and City Attorney Anne Branham recommended establishing a Council policy to guide future agendas.
Mayor Pro Tem Hagan acknowledged the importance of accountability to the public, and Cody Fowler emphasized the need for public comment on every agenda item, especially when modifications are made.
He encouraged the Council to consider making a policy change to address this concern.
Councilmember Engle expressed understanding of Cody Fowler's perspective and emphasized the importance of having a written proposal for the policy change. He suggested presenting the proposal to the audience for their input and ensuring alignment and mutual benefit for residents, the Council, and staff before considering a policy change.
Councilmember Walker asked Mr. Fowler to provide a specific example. Mr. Fowler explained that the agenda item 5 on September 5, 2023 stated: "Conduct interviews, and if the Council agrees, make an appointment to the expired seat on the San Joaquin County Commission on Aging's Escalon representative." He underscored that the agenda explicitly mentioned appointing "ONE" person. However, during the council meeting, it was decided to appoint both a lead and a backup, resulting in the appointment of two individuals instead of one. Mr. Fowler emphasized that this decision was made without reopening the matter for public comment.
City Attorney Anne Branham clarified that the Brown Act requires public comment at the start of an agenda item. She expressed concerns about determining what qualifies as a modification and cautioned against insisting on public comment for every tweak, as it could hinder natural discussions. While recognizing the Council's ability to adopt a policy, she suggested preserving flexibility within the existing Brown Act framework. Branham offered to present a policy proposal if the Council was interested, emphasizing the need to balance discussions and decision-making.
Mayor Bellinger raised concerns about defining the threshold between minor and major tweaks triggering public comment, questioning how to articulate this in a policy without disrupting meetings. Braham public notice, creating a challenging situation.
Councilmember Strohman expressed the view that there should be openness to listening to Mr. Fowler's suggestions. Strohman emphasized the significance of the Constitution as the supreme law, highlighting the phrase "we the people." Stating that decisions shouldn't be solely for the Council, Strohman called for considering Mr. Fowler's input.
Councilmember Walker expressed agreement and suggested ongoing efforts to make agenda items more flexible for discussion. Walker highlighted a semantic issue regarding the terms "seat" and "representative." Suggesting that using broader language, like "representation of our Commission on Aging," could accommodate various approaches to filling positions. Walker acknowledged the challenge discussed earlier but cautioned against a policy that requires bringing back items for public comment with every change, as it could make agenda items excessively long. Instead, Walker proposed focusing on making the agenda itself more flexible, allowing for diverse approaches in providing representation.
MINUTES
Escalon City Council
January 16, 2024
The City Council discussed the need for policy options prioritizing public input.
Mayor Bellinger raised concerns about excessive flexibility in agenda items, questioning if it might hinder reopening for additional comments.
City Attorney Anne Branham acknowledged varying opinions and emphasized the art of agenda writing. aiming for accessibility. She proposed returning with options to address concerns.
Councilmember Strohman highlighted the importance of documenting discussions in writing for future reference.
Councilmember Walker stressed the constitutional significance of revisiting agenda items after changes, ensuring community members can voice their opinions. Walker emphasized the need to adhere to advertised topics, allowing the community to speak on announced discussions.
Council gave direction to staff to to draft a policy that includes considerations for incorporating Mr.
Fowler's suggestions, prioritizing public input in decision-making processes.
7. Discuss and Possibly Take Action on the Agenda Item Request from Mayor Pro Tem Hagan and Councilmember Engle regarding the Use of the Foyer Area of the Community Center building for senior food distribution program when the Center is not in use.
City Manager Romo presented a continued agenda item focusing on the use of the Community Center's foyer area for a food distribution program by Escalon Strong, a local non-profit. Collaboration between staff and Escalon Strong had progressed since the last meeting, allowing the use of the foyer area.
Mayor Pro Tem Hagan sought Public Works Superintendent Collins' opinion, and Collins expressed satisfaction with the program's utilization of the foyer.
Councilmember Strohman raised concerns about the rental schedule, clarifying he did not propose charging Escalon Strong but wanted equal opportunities for other groups.
City Manager Romo discussed fee options for the foyer, and Councilmember Strohman emphasized considering requests on a case-by-case basis, similar to Escalon Strong.
Mayor Bellinger expressed concerns about potential conflicts and costs associated with renting the foyer, questioning its inclusion on the fee schedule.
Public Works Superintendent Collins suggested a case-by-case approach, emphasizing the sensitivity of materials in the foyer.
Councilmember Engle emphasized the exception for Escalon Strong aimed at community assistance, not revenue generation, a sentiment Mayor Bellinger agreed with.
Mayor Pro Tem Hagan left the chamber to avoid any conflict of interest.
Mayor Bellinger opened up public comment at approximately 8:35pm.
Sherry Hill, with Escalon Strong, clarified that the request for using the foyer was not driven by a desire to use it but to avoid disrupting and overusing the senior room. She explained that the unique circumstances of the food distribution program made the foyer an ideal location, minimizing contact with other areas of
MINUTES
Escalon City Council
January 16, 2024
the facility. Hill emphasized the need to be considerate neighbors and community members, finding ways to make the arrangement work for everyone. She mentioned the flexibility to adapt to different locations, including the courtyard, based on the available information. Hill also expressed a request for access to use lock box access to set up and clean the tables, ensuring a smoother process for the food distribution program.
Mayor Bellinger inquired about the City's policy on facility access keys, seeking clarity on whether the City uses keys or a keypad system. He aimed to understand how the policy aligns with Sherry Hill's request for access to set up and clean tables for the food distribution program.
Mr. French explained that the City recently introduced a lockbox with keys, providing access to instructors holding city-sponsored classes after business hours.
Deputy City Clerk Ivett Arevalo clarified that those with access sign a key agreement, ensuring staff control over the code's use. Currently, the system is not electronic but employs a traditional 4-digit code.
Public Works Superintendent Collins mentioned plans for keyless remote entry to enhance control and security.
Mayor Bellinger expressed interest in keyless entry features, including expiration after use.
Councilmember Strohman asked Hill if she used the Community Center outside regular hours, to which she replied no, as the food distribution occurred midday, not later than 3pm.
Councilmember Engle supported granting access to the Giving Pantry, highlighting the sensibility to save City staff time. He stressed the existing agreement process and efforts to enhance access control. Engle suggested personalized access to ease staff burden, allowing them to focus on crucial tasks, while community members with agreements handle access-related issues, damages, or losses.
The Council directed staff to collaborate with Escalon Strong, permitting them to utilize the foyer at the community center for their food distribution program, "The Giving Pantry." Additionally, the Council instructed that access to the community center be granted to Escalon Strong through the lockbox upon receiving a signed Community Center Key agreement.
MOTION - It is moved/seconded by STROHMAN/ENGLE to allow Escalon Strong use of the foyer of the Community Center for their food distribution program when the center is not in use. Motion carried unanimously (5-0). MINUTE ORDER 04-23
Mayor Pro Tem Hagan returned to his seat at the dais.
8. Consider and Possibly Take Action on the Non-Profit Organization Applications for Reduced Fees for the Use of City Facilities.
City Manager Romo discussed the City's ordinance outlining guidelines for organizations seeking reduced fees for city facilities. The ordinance requires City Council approval for nonprofit status and determines corresponding rates. Romo presented applications from various organizations, emphasizing annual approval but allowing case-by-case review for new applicants.
Councilmember Engle sought advice on recusal due to his position on the board of one of the clubs mentioned.
MINUTES
Escalon City Council
January 16, 2024
City Attorney Braham clarified that recusal rules typically apply when there is a financial interest. She stated that unless Councilmember Engle feels he cannot vote fairly, especially if there is a financial interest, he can voluntarily recuse himself, but it is not required.
Councilmember Strohman raised concerns about the outreach process for the application, asking how the City advertised the process to receive responses from various groups.
City Manager Romo explained that staff sent letters to all nonprofit agencies known to the City, those who have done business or completed business licenses with the City.
Councilmember Strohman expressed a feeling that they might be missing additional groups, particularly those who have not done business with the City before. He suggested using social media to create more openness and transparency, similar to the recent effort for the Poet Laureate program, to make all nonprofits aware of the application process and encourage their participation.
Mayor Bellinger questioned the need for groups that meet all the requirements outlined in the ordinance to come back to Council for approval if they are within the designated area and meet the specified criteria. He sed at a group fulfil the crea, the are poes should be handia, administratively without the need for Council involvement.
City Attorney Brahan suggested amending the existing ordinance to allow for an administrative approval process for nonprofits that meet specific criteria. This would streamline the process and make it more efficient. However, she mentioned that such a change would require amending the current ordinance through a formal process.
Councilmember Stroman suggested actively promoting the application process for nonprofits through social media to increase awareness and encourage more organizations to apply. He emphasized the importance of transparency and openness, suggesting a January 31st deadline for applications.
Mayor Bellinger expressed support for exploring options to make the process more administrative and less burdensome, allowing nonprofits to apply at any time during the year if they meet the requirements.
Councilmember Walker expressed interested in obtaining a list of renewed nonprofits in January, including information on those joining or leaving the list, to track which organizations are active and ensure awareness of their status.
Mayor Pro Tem Hagan requested that it be placed in the record that he is on the board for Escalon Strong and has no financial gain from it.
City Attorney Braham mentioned that as long as there is no financial conflict and he feels he can make a fair decision, it is acceptable.
Mayor Bellinger opened public comment at approximately 8:54pm.
Gary Haskin provided a historical perspective, mentioning that when the ordinance was originally structured, the focus was on whether a nonprofit gives back to the community. If a nonprofit is more social and doesn't contribute to the community, there was a consideration that they may not be deserving of a discounted rate. He suggested that the Council can decide how to handle it based on their discretion.
MINUTES
Escalon City Council
January 16, 2024
Kurt Danziger provided additional historical context, mentioning that the process started during an economic downturn when the City was looking to prioritize revenue generation. The Council questioned why they were charging so little for the Community Center, which incurred losses. The process evolved, and there was consideration of limiting it to the city proper (95320) to ensure that organizations outside the City added value to the community. He suggested that the Council might want to consider whether to open it up to all of 95320 or maintain the current approach.
Randy Schmidt expressed agreement with Mayor Bellinger's perspective, emphasizing that if organizations are in the 95320 area and serve the community, they should not have to go back to the council. He mentioned that many customers from Collegeville and Farmington pay taxes in the 95320 area and contribute to the community. Schmidt suggested that nonprofits would naturally approach the City if they had plans to use the Community Center, and there might not be a need to actively seek them out. He supported the idea of making the process more administrative.
Council gave direction for the staff to explore amending the ordinance to make the process more administrative. They suggested working with legal to bring back options and ideas at a later date.
MOTION - It is moved/seconded by HAGAN/WALKER to approve all the presented applications submitted for reduced fees for the use of the Community Center. Motion carried unanimously (5-0).
MINUTE ORDER 05-23
9. Discuss and Provide Direction regarding a City Services and Maintenance Community Facilities District (CFD) for new development projects only and discuss options for the development of a CFD to help fund essential city services based on the impacts of new development; and provide direction to staff.
Jaylen French presented the item and discussed Community Facilities Districts (CFD) and their role in exploring revenue sources for the City's fiscal stability. He shared research findings from six communities, highlighting the diverse costs for residential and multifamily units. French emphasized that CFDs vary based on services, their number, and proportional costs. Examples from cities like Hughson, Oakdale, San Juan Bautista, Hemet, Lake Elsinore, and Montclair were presented. The discussion covered inflators, inflation rates, and the ongoing nature of most CFDs. In response to Councilmember Walker, French provided a range of costs for Oakdale's single-family residential parcels in different subdivisions. The conversation also touched on whether CFDs have sunsets, clarifying that most are ongoing as long as the service continues.
Mayor Pro Tem Hagan raised a question, asking if a claim he had heard was true. He inquired whether, in residential developments, 51% of the residents could vote to opt out of the Community Facilities District (CFD). French responded, explaining that FDs are typically established during the development process, initiated by the property owner, and the voting process occurs at that stage. French clarified that revisiting and implementing a CFD in an already developed neighborhood or citywide would require a 2/3 vote of the existing residents, as specified in the item for new development.
Mayor Bellinger sought clarification on implementing the CFD in new developments. French confirmed that it would be part of the entitlement and approval process, requiring a consultant's report outlining services, costs, and proportional shares across residential parcels. The City Council would then adopt this report annually, similar to Landscape Districts and Lighting Maintenance Districts (LMDs).
Councilmember Engle inquired whether the Community Facilities Districts (CFDs) generate surplus revenue or strictly cover expenditures. French clarified that CFDs are intended to cover the costs of services
MINUTES
Escalon City Council
January 16, 2024
brought on by new development and are not designed to generate excess revenue. Councilmember Strohman raised concerns about fairness to developers who have already determined costs for their projects and whether it would be fair to spring the CFD on them, urging the Council to consider this factor.
Mayor Bellinger questioned how the proposed changes would drive up developers' costs, emphasizing that it is a pass-through to the buyers of the product.
Councilmember Strohman used the example of Weldway, expressing concerns about the increased project cost after determining it as $5,000,000. French explained that residential projects function differently than commercial ones, clarifying that for residential units, the CFD cost is passed through to homeowners, while commercial and industrial property owners would pay the property tax directly.
Councilmember Strohman expressed concerns about the potential impact on developers and the subsequent trickle-down effect on renters. French clarified the differences in passing CFD costs for residential and commercial properties. The upfront costs associated with forming districts were also mentioned, ranging from $25,000 to $10,000 for subsequent developments.
Councilmember Strohman inquired about forecasting the impact on the general fund, and Mayor Bellinger sought clarification on how the costs were calculated for new developments.
In response to Mayor Bellinger's question regarding what staff was requesting from the council, Mr. French stated that staff sought direction from the Council on whether to consider, not consider, or modify the proposal based on the information provided in the staff reports.
Mayor Bellinger opened up public comment at approximately 9:17pm.
Randy Schmidt inquired about the consideration of median income when assessing dollar amounts for different cities.
Mr. French clarified that there was no direct consideration for median income in the documents. However, the cost to provide services varies between cities, and the proportional indication of the cost to provide services is a factor. Schmidt expressed concerns about raising household amounts, emphasizing the importance of considering income. Mr. French reiterated that this would apply to new developments, allowing buyers and developers to be aware of the CFD costs in advance.
Kurt Danziger expressed concerns about potential conflicts between the proposed Community Facilities District (CFD) and existing landscape lighting districts (LLD) and other special districts. He underscored the need for clear distinctions to prevent overlapping and confusion. Mr. French reassured that the CFD was designed to encompass a broader spectrum of services than the LLD, providing a more modern and flexible solution.
Additionally, Danziger highlighted the importance of assessing the proposed fees in context. He urged the Council not to decrease existing fees, emphasizing their crucial role in the City's revenue generation. He advocated for a balanced approach, taking into account the overall impact on developers and businesses in the community.
Sherry Hill presented a different viewpoint, representing non-governmental perspectives. She expressed concerns about government actions, citing instances where they override the public's wishes despite past voting, such as the ongoing observance of daylight savings time despite Prop 13's decision to end it three years ago. Sherry highlighted the potential impact of the proposed Community Facilities District (CFD)
MINUTES
Escalon City Council
January 16, 2024
fees, suggesting that significant charges could deter families from choosing to buy homes in Escalon. She urged the Council to consider the implications for families and the community.
Mayor Bellinger closed public comment at approximately 9:25pm.
Councilmember Strohman asked staff whether they had discussed the proposed Community Facilities District (CFD) with Florsheim, and what their perspective was. Mr. French responded that most developers, including Florsheim, are not surprised by the potential inclusion of a CFD in new developments, as it has become a common expectation in many cities.
Councilmember Strohman sought input from Finance Consultant Heath regarding the impact of Community Facilities Districts (CFDs) on the financial health of cities and municipalities in other places he has worked.
In response, Heath highlighted a jurisdiction where CDs were integrated into the financing strategy. In this area characterized by substantial undeveloped land and substantial growth, the majority of incoming developments, numbering between 13,000 to 20,000 homes, employed FDs. The county actively supported and assisted in the implementation of these CFDs.
Councilmember Engle recommended adopting Community Facilities Districts (CFDs) exclusively for residential purposes with a delayed implementation, encouraging developers to expedite applications before the effective date of January 1, 2025. He expressed concerns about increasing taxes for existing residents and proposed a strategy where new residents or those upgrading homes would bear specific property-related service costs. Councilmember Engle advocated for tax offsets and prioritized residential development in CFDs, excluding commercial and industrial sectors initially to avoid potential business deterrence.
Councilmember Strohman expressed agreement with Councilman Engle's proposal, suggesting that the inception date of the Community Facilities District (FD) align with budget years, such as July 1, 2024.
This synchronization would facilitate budget planning, providing the Council with insights into anticipated contributions to the general fund. Strohman emphasized focusing on single-family homes rather than multifamily or commercial/industrial properties in the CFD implementation.
Mayor Bellinger expressed support for trying the residential Community Facilities District (CFD) but raised concerns about the timeline, suggesting a July 2025 or January 2026 effective date to align with budget years. He emphasized the need for a realistic timeframe, considering the process of implementing the CFD, including RFP, consultant selection, and document preparation. Mr. French estimated a timeline of approximately 5-7 months for the entire process.
Councilmember Strohman supported Mayor Bellinger's suggestion of an effective date for the residential Community Facilities District (CFD) in January 2026 or July 2025 to align with budget years. He Distic (CF) in January 2 emphasized that revenue from the CFD might not be recognized until 2026 or later due to the time it takes for projects to get off the ground. Additionally, Councilmember Strohman expressed concerns about applying the CFD to commercial developments, suggesting it could add red tape and potentially impact sales tax revenue.
Mayor Bellinger expressed concerns about applying the Community Facilities District (CFD) to the Florsheim project, given the time it took to bring the property into the City's sphere of influence. He emphasized fairness to Florsheim, stating they have patiently waited and suggesting that they should not be subject to the CFD.
City Manager Romo provided additional context, explaining that the money held from the Florsheim project was put on hold due to a moratorium, and discussions with Florsheim indicated their awareness and experience with CFDs.
MINUTES
Escalon City Council
January 16, 2024
Councilmember French emphasized the trade-off between the additional cost and the benefits of residing or operating a business in a well-maintained community.
Councilmember Walker expressed reservations about implementing the Community Facilities District (CFD), particularly in light of the current state of the economy, rising prices, and inflation. She mentioned having difficulty supporting additional costs for citizens, even if they are new residents to the City. She leaned towards supporting only the residential aspect of the CFD if it were to move forward.
City Manager Romo summarized that the direction from the discussion is to further explore the residential aspect of the Community Facilities District (CFD).
Mr. French mentioned that the discretion lies with the Council, ranging from dropping the idea to approving it at a later meeting. He sought clarification on whether to move forward with the residential aspect, what land uses should be considered, and the timing of the implementation.
City Attorney Braham suggested reaching a consensus at this point, and if the direction is to proceed with exploring the residential portion, staff could come back at the next meeting with more detailed information. This might include details on implementing residential-only CFDs, the associated costs of hiring a consultant, and specific areas to be considered. The decision could be made by consensus unless there is a need for a formal vote.
Mayor Bellinger inquired about the Request for Qualifications (RFQ) for writing the CFD, and Mr.
French clarified that they had consulted with Harrison Associates, who provided an estimate for preparing the first CFD.
Councilmember Strohman suggested issuing a formal Request for Proposals (RFP) if the Council decides to move forward, with a focus on residential-only single-family homes.
Mayor Bellinger agreed, stating that they could discuss the go-live date in the future, but initiating the RFP was a prudent step.
City Attorney Braham expressed a concern about potential equal protection issues when breaking out applicability to single-family versus multifamily properties. She suggested allowing staff to work on ensuring that, if the direction is to focus on single-family properties only, it is appropriately vetted to avoid any legal issues related to residential properties in general.
Councilmember Walker raised a question about the qualification of junior units, tiny homes, and ADUs as multifamily properties or single-family properties with a second unit.
City Attorney Braham clarified that ADUs are considered accessory units, making them part of the main dwelling unit, and are still classified as single-family properties.
Council reached consensus to prioritize a residential-only focus on CFD's. Further exploration and clarification on legal matters, specifically regarding single-family versus multifamily properties, were highlighted. The direction was for staff to work on this and return with specific ideas for consideration.
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Engle expressed appreciation for the pickleball court. He reiterated the need for addressing the video recording issues, emphasizing the need for accountability.
MINUTES
Escalon City Council
January 16, 2024
City Manager Romo discussed testing the system before meetings, addressing potential button issues.
Engle proposed checking YouTube at the meeting start for audio functionality.
Romo discussed recent troubleshooting efforts and the plan to run system tests before meetings.
Councilmember Engle shifted to the topic of the election process, suggesting that it should not be limited to those within city limits but also include individuals within the sphere of influence. He emphasized the contributions and impact of citizens in the sphere of influence, proposing the possibility for one Council member to represent that area while still holding a seat on the council. Engle sought clarification on whether consensus or specific procedures were required for such a change.
City Attorney Braham responded to Councilmember Engle's inquiry about the election process, stating that she would need to research the matter further. She suggested sending a one-way communication to inform the council of the findings. If it's a clear requirement for members to be residents, that can be communicated, and if there's potential flexibility, the matter can be brought back for final direction.
Councilmember Engle explored the option of implementing a 1% sales tax on fast-food establishments within the City to address revenue concerns. He sought clarification on the feasibility of such a measure.
City Attorney Braham responded, noting the complexity of taxing specific businesses and suggested examining examples like transient occupancy taxes for potential application to fast food. She offered to investigate the matter further unless staff had immediate information.
Councilmember Strohman expressed gratitude to the community for their participation in the recent workshop meeting, acknowledging the valuable feedback received. He thanked attendees for their contributions to the discussion during the meeting.
Councilmember Walker extended New Year wishes and highlighted the upcoming events, including the anticipated update from Heinz on the wastewater treatment plant in April. She expressed optimism about addressing budgetary matters and improving the timeliness of agendas. Also, the importance of community involvement and thanked attendees for their contributions. She encouraged more nonprofits to apply and commended efforts to support each other in the community.
Mayor Pro Tem Hagan commended the community for conducting themselves professionally during the meung, noting the absence of disruptions and expressing appreciation for a producive and respectful Mayor Bellinger expressed satisfaction with the progress on various items and inviting everyone to the next meeting.
ADJOURNMENT
There being no further business, Mayor Bellinger adjourned the meeting at 9:53 pm.
Respectfully Submitted,
foreval
Ivett Arevalo,/ Deputy City Clerk