SCALON MINUTES
CALIFORNIA CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF FEBRUARY 5, 2024
STEPPING STO
CENTRAL
CALIFORN City Council Chambers, 2060 McHenry Avenue -7:00 P.M.
INCORPORATED MARCH 12, 1957
Beginning Resolution No. 02-24
Beginning Ordinance No. 595
Beginning Minute Order No. 06-24
PRESENT: Mayor David Bellinger
Mayor Pro Tem Andrew Thomas Hagan
Councilmember Jeremy Engle
Councilmember Malinda Walker
Councilmember Shawn Strohman
STAFF PRESENT: Jaylen French, Development & Community Services Manager Ivette Arevalo, Deputy City Clerk
Juston Collins, Public Works Superintendent/Manager
Frank Splendorio, City Attorney
STAFF ABSENT: Dominique Romo, City Manager
Gustavo Flores, Chief of Police
PRESENTATION
Community and Development Services Manager Jaylen French, filling in for City Manager Dominique Romo, informed the Council that the scheduled presentation for the Citizen of the Month awards would be postponed to the February 20th meeting. The nominees notified them on Friday that they would not be able to attend the current meeting.
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 January 16, 2024.
2. Approve the Register of Demands for February 5, 2024 in the amount of $375,609.54.
3. Reject the claim for damages filed by Robert Allen Lawson for an incident that occurred on June 27, 2023.
4. Reject all bids for the Main Street Bike Path, Sidewalk & Curb Infill Project.
MOTION - It is moved/seconded by STROMAN/HAGAN that the consent calendar be approved as presented. Motion carried unanimously (5-0). MINUTE ORDER 06-23
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STAFF COMMUNICATIONS & UPDATES
5. San Joaquin County Commission on Aging Update - Elsa Sandoval, Escalon Representative Elsa Sandoval, the representative on aging, addressed the council regarding free tax preparation services for seniors available at the library. She requested the City's assistance in promoting this service through its website, Facebook, and newsletter. The tax preparation assistance is provided by IRS-certified volunteers and is available by appointment every Wednesday until Tax Day.
Sandoval emphasized the importance of spreading awareness about this service among seniors and mentioned that bilingual services may be available in the future.
Questions were raised regarding the minimum number of participants required to maintain the program, to which Sandoval explained that the determination is made by the service provider based on viability. Additionally, there were inquiries about the possibility of accessing similar services in neighboring areas if the program were to discontinue in Escalon. Sandoval clarified that while the program is IRS-specific, it is usually hosted through county organizations like United Way or AARP, and participants can seek services in nearby locations if necessary. The Council expressed hope that the program would continue and committed to supporting its promotion to ensure seniors in the community have access to this valuable service.
The Council reached a consensus for staff to promote the free tax preparation services for seniors offered at the library through the City of Escalon website, Facebook, and newsletter.
Jaylen French, the Community and Development Services Manager, addressed Mayor David Bellinger regarding the absence of agendas on their computer screens, stating that printed copies were being prepared due to technical issues. He mentioned having IT assistance available and confirmed that YouTube was operational.
MATTERS PRESENTED FROM THE AUDIENCE
Kurt Danziger raised concerns about the permit expiration for industries, suggesting that issuing a new permit should be contingent upon their commitment to pay their fair share for wastewater treatment plant expenses. He noted that previous decisions about wastewater procedures and the Blackwater plan were not fully presented to the City Council. Danziger emphasized the need for transparency in decision-making.
He also mentioned Councilmember Jeremy Engle's inquiry about eligibility for City Council positions, expressing discomfort with the suggestion that individuals outside the city limits could serve. Danziger criticized the idea of keeping the response from the city attorney private and emphasized the importance of transparency in such matters. He urged for public disclosure once a decision is made.
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City Attorney Frank Splendorio clarified that while there was a question raised, there was not a specific agenda item or request for a particular outcome. He addressed the eligibility criteria for city council membership, stating that individuals must be residents within the city limits to be elected as electors of the city.
ADMINISTRATIVE MATTERS
Public Works Superintendent Juston Collins provided an update to the council regarding the progress of the wastewater treatment plant design. He mentioned that the state was reviewing compliance forms and annual reports, which had been proceeding more smoothly than anticipated.
Collins assured the council that the industries involved had been cooperating and understanding the process.
When Councilmember Strohman inquired about when the industries would formally approve, Collins explained that they couldn't do so until the specifics and costs were determined, pending the state's directives. Collins also mentioned that the state's response is expected by year-end, although they hope for an earlier timeframe. Mayor Pro Tem Hagan asked about when the matter would be brought before the Council, and Collins confirmed that it would be presented as soon as all necessary information was available.
Public Works Superintendent Juston Collins updated the Council on the phase two sewer project, acknowledging challenges due to heavy rain but expressing satisfaction with progress. Delays in material acquisition were noted, particularly in securing a generator, expected to take another 5 to 6 months despite prior ordering. Collins remained optimistic about project advancement, highlighting milestones achieved and upcoming projects.
Mayor Pro Tem Hagan raised a question about the removal of trees at the orchard next to the Community Center, to which Collins responded that a decision was imminent and discussions with contractors were ongoing. He assured that the process would commence within the next 30 to 60 days, with the McHenry orchard being the initial focus to address concerns from the surrounding area. Collins also noted efforts to keep stakeholders informed, including contacting John and Sharon Vaughn to ensure their understanding of the situation.
Councilmember Strohman inquired about the plans for presenting the slurry and crack seal projects to the council and the general public before they go out to bid. He asked for details on which streets would be involved and the scope of work. Collins acknowledged having a map prepared and agreed to present it at the next council meeting.
Community and Development Services Manager Jaylen French provided updates on several departmental matters. He announced the call for the City's first Poet Laureate, with applications closing on February 16th. French mentioned coordination with the library and other groups regarding this program.
He then discussed the 2024 Pavement Restoration project, which was out for bid at the time, with bid openings scheduled for February 27th. Additionally, French mentioned releasing RFPs for
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building safety services and general engineering consultant services, both of which closed towards the end of February.
French also provided an update on the evaluation conducted at the California Mitchell intersection, following previous council discussions. He explained that while a stop sign wasn't warranted based on analysis and council direction, they looked into other measures to address speeding concerns.
The proposed solution included edge line striping on California to make it feel narrower and center line striping, based on best practices. French also highlighted that this proposal could be implemented quickly and inexpensively, with the possibility of further assessment based on its effectiveness.
Mayor Pro Tem Hagan asked about the validity of the proposed ideas, to which French responded that they were based on best practices and could be evaluated using traffic data from radar trailers.
Councilmember Strohman expressed his dissatisfaction with the proposed plan, stating that he viewed it as inadequate. He argued that since there were existing lines on California St., adding additional striping might not effectively address speeding issues. Strohman drew from his own experience, mentioning that edge striping on other roads had not curbed speeding. He acknowledged the hard work put in by the team but questioned the validity of the analytical data, suggesting that the presence of a radar trailer might skew results.
Councilmember Strohman disagreed with French's characterization of the Council's stance on the stop sign, asserting that alternatives were sought rather than outright rejection. He asked whether the proposed striping plan was the only remedy being considered or if other ideas from the traffic calming plan were still on the table. French responded, stating that, for now, the proposed plan was considered the most practical, but evaluation would follow. He acknowledged differing perspectives on the issue and the challenge of balancing traffic flow.
Councilmember Engle inquired about the hiring process for the Finance Director position.
Community and Development Services Manager Jaylen French responded, indicating that the city had received two applications, and that the city manager was scheduling interviews.
6. Consider Approval of the Non-Profit Organization Application from Escalon Sports Boosters for Reduced Fees for The Use of City Facilities.
CDSM French presented item number six on the agenda, which involves considering the approval of the nonprofit organization application from the Escalon High Sports Boosters for reduced fees and the use of city facilities. French explains that similar to the previous meeting, where four separate groups were approved, the Escalon Sports Boosters missed the deadline for that meeting and are now being brought back for approval. He also mentions that the Council had directed staff to bring back an ordinance to change the code regarding whose authority it is to approve nonprofit groups under this provision. French informs that at the next meeting, an ordinance will be presented for the Council's consideration to shift this authority to staff's discretion rather than the Council's.
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MOTION - It is moved/seconded by HAGAN/STROHMAN to approve the Non-Profit Organization Application from Escalon Sports Boosters for Reduced Fees for The Use of City Facilities. Motion carried unanimously (5-0). MINUTE ORDER 07-23
7. Consider the Adoption of a City of Escalon Traffic Calming Program.
Community and Development Services Manager Jaylen French presented item number six, discussing the adoption of the proposed City of Escalon traffic calming program. He noted that previously, the city faced numerous complaints about speeding and traffic on residential streets.
French explained that the program aimed to improve livability by addressing these concerns based on established criteria. The plan outlined a process for residents to report issues, with potential funding allocated from Measure K funds. It required 60% approval from neighbors for consideration. The plan involved collaboration with various city departments to evaluate projects based on specific criteria such as length, speed limits, and residential nature.
Councilmember Malinda Walker raised a couple of points regarding the language and content of the document. She suggested modifying language from "must" to "should" or "may" to better reflect guidelines rather than strict requirements. Additionally, she inquired about the absence of stop signs in the traffic calming measures and proposed their inclusion. CDSM French confirmed that stop signs could be added at the Council's discretion, although there may be debate over whether they qualify as traffic calming measures. Mayor Bellinger expressed concern about the warrant considerations for adding stop signs, highlighting the need for an engineered warrant study analysis, which is not required for other traffic calming measures. CSDM French clarified that while adding stop signs might trigger a warrant analysis, the decision would still be subject to the city's objective criteria and process.
Councilmember Strohman inquired about the appeal process in the event that implemented traffic calming measures do not produce the desired results. CDSM Jaylen French emphasized the importance of striving for the correct solution and acknowledged that different individuals may have varying perspectives on what constitutes the right approach. He highlighted the shift towards a more objective process in traffic engineering due to the litigious nature of society. French outlined the iterative nature of traffic calming efforts, emphasizing that the goal is not simply to check a box but to continually reassess and adjust as needed. Mayor Bellinger supported this approach, stating that if a measure is effective, it resolves the issue, but if it isn't, the process allows for reconsideration and further action based on community feedback Mayor Pro Tem Hagan noted the balancing act between safety, cost, and potential litigation when considering traffic calming measures. He suggested that sometimes simple solutions, like painting on the ground, can be as effective as installing physical infrastructure like stop signs, but the effectiveness may not be fully known until implemented. He also proposed the idea of streamlining the process for addressing existing problems, though he admitted uncertainty about what that might look like.
CDSM French responded by suggesting a potential approach where staff could evaluate proposals for a period of time, such as six months, without having to go through the full process again. Mayor
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Bellinger suggested increasing the review process duration after implementing measures, perhaps extending it to 90 or 180 days, to assess effectiveness and make adjustments accordingly.
Councilmember Engle expressed appreciation for the staff's effort in addressing the traffic issue and acknowledged the traffic calming plan as a positive first step, particularly the proposed striping. However, he raised concerns about the lack of clarity regarding the 60% support requirement for intersections, deeming the document incomplete as a result.
CDSM Jaylen French responded by suggesting potential ways to define the 60% requirement, such as setting a specific distance from the intersection. He also expressed readiness to bring back the document for further review if necessary.
Councilmember Engle sought clarification on whether there were any other incomplete or questionable sections in the document. French indicated that, from his perspective, the document was fairly comprehensive, but he emphasized that such documents are inherently living and subject to amendments as needed.
Responding to Mayor Pro Tem Hagan asking what his thoughts were, City Attorney Frank Splendorio emphasized that while the document may not be perfect, it should not hinder progress, and adjustments can be made over time as needed. He highlighted that it's crucial not to let the pursuit of perfection impede the implementation of a good plan. As the document is a living one, it can undergo iterations and amendments as necessary. He suggested that changes could be made quickly via the consent calendar, emphasizing the document's flexibility and utility as a guide rather than a regulatory document.
CDSM French echoed this sentiment, stating that there is no rush to finalize the document, and it can be brought back for further review if the council is not comfortable with it in its current form.
Mayor Pro Tem Hagan expressed his support for the direction of the document but raised concerns about vague language leading to different interpretations and the need for a process to address issues without constantly bringing them back to the council.
City Attorney Splendorio emphasized that while the document serves as a guide, it should not be applied too strictly, and adjustments can be made as needed to address inconsistencies.
Mayor Bellinger suggested that the Council could decide to add specifics regarding the distance from an intersection or problematic location, such as 300 or 500 feet, during the current meeting.
He mentioned that if everyone is comfortable with the document with a few discussed changes, they could request those changes in the motion. However, he also noted that if there are further questions or concerns, they could decide to bring the document back for further review at a later meeting. Additionally, Councilmember Strohman asked if the current draft considered the seven comments made by the Planning Commission, to which French responded that the draft had not yet incorporated those comments to avoid making changes before the approving body, the Council, had reviewed them.
Mayor Bellinger opened public comment at approximately 7:53pm.
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Kurt Danziger, a long-time resident, expressed support for the proposed document as a valuable guide for the Council. He shared anecdotes about stop sign installations, highlighting instances where community feedback prompted action despite warrant concerns. Danziger emphasized the difficulty in pleasing everyone but suggested that stop signs could be placed in various areas of the town. He recounted experiences with traffic calming measures, including speed bumps and roundabouts, expressing a preference for stop signs over roundabouts. Additionally, he criticized the effectiveness of narrow roads in reducing speeding.
Mayor Bellinger opened public comment at approximately 7:57pm.
Councilmember Engle made a motion to adopt the city of Escalon traffic calming program with a specific amendment to item number six under section 2.2 preliminary review of the application.
The amendment proposed changing the language to specify "up to 4 homes in all directions at an intersection." Mayor Pro Tem Andrew Hagan seconded the motion.
Councilmember Malinda Walker expressed her desire for language in section 2.2 to be less harsh and exact, suggesting that it should be more flexible and less rigid in its requirements. Additionally, she proposed adding stop signs to the list of optional traffic calming measures.
Mayor Bellinger, seeking clarification from the city attorney, asked about the process for amending the motion to incorporate these changes.
City Attorney Splendorio explained that the motion can be amended to include the requested changes, and a second vote can be taken on the revised motion.
Councilmember Strohman expressed concern about voting on a document that does not reflect the requested changes and comments made by the Planning Commission.
City Attorney Splendorio clarified that while the document may not incorporate all feedback at present, it can be easily amended in the future by the council through a motion.
Councilmember Engle inquired about whether the approval of the traffic calming program would accelerate the implementation of the proposed measures for California and Mitchell streets.
CDSM Jaylen French clarified that the approval of the program would not necessarily expedite the process for those specific measures. He explained that the program was developed to address various resident and council concerns comprehensively, ensuring that all questions and issues were considered and evaluated transparently.
Councilmember Engle acknowledged that even if the program's approval did not directly speed up the implementation of the specific measures, delaying the approval process would prolong addressing the current traffic problem.
Mayor Bellinger sought clarification from City Attorney Splendorio regarding the procedure for reopening public comments since there were additional questions to address.
City Attorney Splendorio confirmed that as the chair, Mayor Bellinger had the authority to reopen public comments.
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Mayor Bellinger reopened the public comment at approximately 8:07pm.
Gary Haskin reminded the Council about the procedural rules according to Roberts Rules of Order or Rosenberg's, emphasizing that once a motion has been made and seconded, the discussion should proceed, and a vote should eventually take place.
Mayor Bellinger acknowledged Haskins' comment and confirmed that the vote would occur shortly.
City Attorney Splendorio clarified that the first and second on a motion allow for discussion and deliberation before the vote, but emphasized that the vote must eventually happen.
Mayor Bellinger then asked Councilman Engle if he was maintaining his motion without any further changes, and if there was still a second for the motion, to which both Engle and Mayor Pro Tem Hagan confirmed
Councilmember Walker expressed concern that if the language in the document is not precise, it could potentially cause delays in the process, with staff potentially holding up projects due to strict requirements outlined in the document. She emphasized the importance of ensuring the language is correct to prevent such delays.
Mayor Bellinger acknowledged her concern, particularly regarding the "must" requirement related to the 60% threshold.
Additionally, Councilmember Walker highlighted her desire to include stop signs in the document.
Councilmember Strohman echoed the sentiment, expressing concern about the lack of provisions for follow-up or reevaluation if the proposed measures are ineffective.
MOTION - It is moved/seconded by ENGLE/HAGAN "to adopt the city of Escalon traffic common program with an amendment under a 2.2 preliminary review of the application item number six, which states 60% of their residents in the area, must support the project that it is added at an intersection that four property owners in each direction of the intersection would be required to be polled and it would be 60% of those residents". Motion carried (3-1-1; Nay-WALKER; Abstain-STROHMAN). MINUTE ORDER 08-23
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Strohman proposed restoring access to City Hall for Council members outside of regular business hours, primarily for the purpose of checking mailboxes and attending meetings.
Mayor Bellinger questioned the necessity of such access, particularly outside of normal business hours, and suggested that there may be security concerns with granting access to the building during weekends or after hours.
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Mayor Pro Tem Hagan expressed support for discussing the matter further, noting that there had been precedent for providing access to Council members in the past.
However, Mayor Bellinger emphasized the importance of maintaining building security and expressed skepticism about the need for Council members to have access outside of regular business hours.
Councilmember Strohman expressed gratitude to the public works department for their hard work during the recent storm, acknowledging the challenges they likely faced and the dedication they showed. He also thanked Escalon Police Department for their efforts in keeping the town safe despite the adverse weather conditions and strong winds.
Councilmember Walker expressed her gratitude to the Public Works department for their assistance during the recent baseball and softball evaluations. She acknowledged that their efforts made the event successful, and she appreciated their hard work in ensuring that the fields were in good condition for the upcoming opening day.
Councilmember Engle requested consensus to publicly review the results from the survey and meeting notes from the Main Street Park workshops and meetings. He emphasized the importance of hearing the public feedback before making any additional revisions or decisions regarding the park project.
Mayor Pro Tem Hagan expressed his support for this request.
Mayor Pro Tem Andrew Hagan expressed gratitude and appreciation for the efforts of the Public Works department. He acknowledged the challenging tasks faced by the department, particularly during severe weather events such as storms. Mayor Pro Tem Hagan commended the dedication and hard work of the Public Works team in maintaining infrastructure, addressing emergency situations, and ensuring public safety amidst adverse weather conditions.
Mayor Pro Tem Hagan suggested exploring a recreation plan that could stabilize the budget while still maintaining a robust recreation program.
Councilmember Strohman expressed support for this idea.
Mayor Pro Tem Hagan suggested considering the possibility of hiring a consultant who specializes in cutting red tape and fostering healthy business growth in the town. He explained that such a consultant would help identify which fees should be cut and what strategies would best support positive business growth without negative impacts.
Councilmember Engle clarified that he supported the identification of consultants for further discussion on this matter.
Councilmember Strohman summarized Mayor Pro Tem Hagan's proposal as a comprehensive review to streamline bureaucracy and make the city more business-friendly. They aim to hire a consultant to identify ways to remove obstacles for positive economic growth, attracting
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businesses that align with the city's goals. Mayor David Bellinger suggested discussing it further in upcoming agendas.
Mayor David Bellinger expressed gratitude towards the public works and city staff for their hard work, acknowledging their efforts. He also thanked Representative on Aging, Elsa Sandoval for sharing information about tax assistance for seniors, urging everyone to spread the word about the available support. The mayor concluded by inviting everyone to the next meeting.
ADJOURNMENT
There being no further business, Mayor Bellinger adjourned the meeting at 8:23 pm.
Respectfully Submitted,
Autoreval
Ivett Arevalo, Deputy City Clerk