ESCALON MINUTES
CALIFORNLA CITY COUNCIL OF THE CITY OF
ESCALON
o Ce MEETING OF OCTOBER 2, 2023
INCORPORATED MARCH 12, 1957
City Council Chambers, 2060 McHenry Avenue -7:00 P.M.
Beginning Resolution No. 38-23
Beginning Ordinance No. 594
Beginning Minute Order No. 51-23
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
Ivett Arevalo, Deputy City Clerk
Frank Splendorio, City Attorney
CONSENT CALENDAR
These tens an consida d unite em her ore embaro are pubiefor spe sat consideration
1. Approve the Minutes from the Regular Meeting of September 18, 2023.
2. Approve the Register of Demands for September 25, 2023 in the amount of $ 383,786.68.
3. Adopt Resolution No. XX-23, approving submittal of Applications for all Cal Recycle Grants for which the City of Escalon is eligible for the term of five (5) years.
4. Waive the Second Reading and Adopt Ordinance No. XXX, adding Chapter 17.xx.010 through 17.xx.040 to the Escalon Municipal Code pertaining to the regulation of smoke shops and tobacco retail uses in the City of Escalon.
Councilmember Malinda Walker pulled Item 4 and Councilmember Jeremy Engle abstained from Item 1 due to being absent from the previous City Council meeting held on September 18, 2023.
MINUTES
Escalon City Council
October 2, 2023
MOTION - It is moved/seconded by STROHMAN/HAGAN that the Consent Calendar Items 1, 2, and 3 be approved as presented with Councilmember Engle abstaining from Item 1. (4-1; NAY- WALKER) MINUTE ORDER 51-23
Councilmember Walker thanked the staff for their extra efforts in creating a map that clearly shows where new smoke shops can operate within the City limits. Councilmember Walker stated that after reviewing the map attached, the Ordinance is essentially banning smoke shops and tobacco retail from coming to do business in the City due to the lack of locations these types of business would be allowed to operate in. She requested the Council discuss removing consideration 4 from the Ordinance which outlines the restriction of 600 ft from residential areas.
Councilmember Strohman respectfully expressed his opposition to having a smoke shop in his vicinity and stated he believes that the 7,000 residents of Escalon share this sentiment. He acknowledged Councilmember Walker's concern but insisted that he cannot support the removal of the condition related to the smoke shop.
Councilmember Walker responded to Councilmember Strohman by respecting his opinion but advocating for a Council discussion. She pointed out that a smoke shop could generate income for the City, and the products they sell are legal. Additionally, she mentioned that most of the City's commercial areas are located along Highway 120. Even though these commercial zones may be within the 600 feet distance listed in the Ordinance, she argued that they are separate from residential areas and should be considered differently.
When asked by Councilmember Strohman what locations she was referring to, Councilmember Walker pointed to specific areas on the map. She mentioned the shopping center located at Jackson Avenue and David Drive as well as the shopping plaza on Yosemite Avenue and Plaza Avenue, as examples of locations that would be excluded from the Ordinance's restrictions regarding smoke shop locations.
MOTION - It is moved/seconded by HAGAN/STROHMAN that Item 4 from the Consent Calendar be approved as presented. (4-1; NAY-WALKER) MINUTE ORDER 52-23
STAFF COMMUNICATIONS & UPDATES
5. City Manager's Report
i. Informational Updates
ii. Agenda Item Requests
Public Works Superintendent Juston Collins informed that he had to reiterate updates from a previous meeting because Caltrans had not yet initiated their work on Highway 120 as previously mentioned. He noted that signs had been placed, and they are now anticipating the work to commence on October 9. He expressed hope for this timeline and mentioned his intention to keep pressing Caltrans for progress while keeping his fingers crossed for a successful start.
MINUTES
Escalon City Council
October 2, 2023
Police Sergeant Jose Zambrana stated he had no updates to share from the Escalon Police Department.
City Manager Romo informed the Council that Chief Gustavo Flores was expected to return from leave on October 3, 2023. She also praised Sergeants Zambrana and Hardgraves for their excellent work in maintaining operations during his absence and thanked them. Additionally, Romo shared that the Escalon Police Department was in the process of hiring three new reserve officers.
City Manager Romo informed the Council that she and her staff had been in contact with the auditor and expressed her determination to have the audit completed for the next City council meeting on October 16, 2023. She mentioned that if this timeline is not met, the audit will be presented in November. She stated the auditors assured her that they were working diligently to complete the audit, and that they indicated they have all the necessary resources to finish the job but also committed to reaching out if they required any additional information or assistance.
City Manager Romo presented an Agenda Item Request submitted by resident Danny Fox, asking for the name of Brentwood Park to be renamed in honor of Bob and Dina Lease. The Leases were life lifelong residents in Escalon who raised their children here. She read they were both active in Escalon organizations, which included volunteer firefighter, Escalon Sportsmen's Club, Lions Club Chamber of Commerce for 33 years, on the Burwood Cemetery Board of Directors, leader of Boy Scouts, 1995 Citizen of the Year, 1981 Grand Marshall for Park Fete, 1981 businesspersons of the Year, and Dent PTA.
The Council gave consensus to add the Agenda item request to the next meeting on October 16, 2023 for discussion.
Councilmember Strohman asked Manager French if the presentation shown at the City Council and Planning Department joint workshop earlier that day was available on the City website. Mr.
French indicated that he did not think it was but that it could be added.
City Manager Romo confirmed it would be added to the City website, where Agendas are posted.
MATTERS PRESENTED FROM THE AUDIENCE
At this time, the public may address the City Council on any item, not on the agenda that is within the authority of the Council. The speaker is limited to a maximum of five minutes. Unused time may not be yielded to another speaker. The determination of whether an item is within the authority of the Council is a discretionary decision made by Mayor.
Kurt Danziger thanked Councilmember Strohman and Mayor Pro Tem Hagan for their involvement in the wastewater treatment issue. He then raised a concern about the lack of input from local industries in the wastewater treatment design process. Danziger noted that a previous proposal by PACE estimated the cost at $16.3 million, with a plan for cost-sharing between the City and local industries. However, he pointed out that a later proposal by Blackwater showed a
MINUTES
Escalon City Council
October 2, 2023
$40 million cost with no mention of shared costs for local industries. He shared that this significant cost difference and lack of shared cost with local industry raised concerns for him.
Mr. Danziger emphasized the importance of obtaining input from industries before proceeding, as they may not be willing to contribute to the project's costs. He pointed out that the current project is in the design and permit phase, with a cost of $1.2 million. Based on percentages, he calculated that industries should contribute over $1 million to this cost. He argued that if industries paid their fair share, this $1 million could greatly help the budget and be used for building costs. He stated he believed that the City should not bear the industries' share of the cost.
Mr. Danziger also pointed out that according to Blackwater's timeline, the project is a year behind schedule. He expressed his desire for the Council to address this matter during council communications, adding that if it is not discussed, he would submit a formal request to add the topic to a future agenda. He emphasized that he has been raising these concerns before the council for several years and believes it's crucial to resolve them before passing the bill on to taxpayers.
Mayor Pro Tem Hagan asked City Manager Romo to provide a response to the questions and concerns raised by Mr. Danziger.
City Manager Romo clarified the City's stance regarding the estimated $40 million wastewater treatment plant project. She emphasized that the City does not intend to proceed with the project as currently designed unless they have the support and commitment from local industries. She stated that City staff have been engaging in discussions with these industries over the past several months, focusing on education and dialogue at this time rather than imposing any decisions.
Romo also highlighted the City's need for progress due to cease and desist orders and notice of violations related to the wastewater treatment plant. She mentioned that in 2021, the City Council approved the use of ARPA (American Rescue Plan Act) funding to cover the design costs for the WWTP, but these funds come with timelines for expenditure. Therefore, there is a need to move forward and also complete the rate study required for the WWTP upgrades by the end of 2024. If the industries choose not to pay, the design will have to be adjusted. However, if the design is modified without their participation, it may lead to violations because the City may not be able to approve their discharge permits in the future, which would put them in violation of both City and State regulations.
City Manager Romo advised that the local industries have on-site processes that could be upgraded, offering potential cost savings, and lessening the impact to the WWTP. However, the likelihood of them making significant on-site improvements is low due to limited space and potential state permitting requirements. City Manager Romo re-emphasized that the City will not proceed with anything until the industries have all the information needed to decide. She informed the council of upcoming meetings with industry management, state representatives, and Blackwater staff to discuss the WWTP design, educate, review details, answer questions, and gather information to ensure the industries have what they need to make an informed decision on their end
MINUTES
Escalon City Council
October 2, 2023
Councilmember Engle inquired about how much of the ARPA (American Rescue Plan Act) funds are being used for the expenses currently incurred. City Manager Romo responded that the majority of the funds are being utilized for the current expenses.
Ed Alves addressed the Council, commending Mr. Danziger for raising important points. He emphasized the need for a written, binding contract with all parties involved in the sewer project to ensure the City is not left with the financial burden if they walk away. Alves suggested that this contract should be publicly displayed for transparency.
Mr. Alves also raised concerns about water rates and the lack of clarity regarding the overall cost to homeowners in the town. He asked when this information would be available and proposed that such updates should be posted regularly on the City's website. Alves suggested that information about water, sewer, and related projects should be easily accessible on the homepage so that residents can stay informed without having to attend council meetings.
Ed Alves expressed concern about the significant cost of the $40 million WWTP project, emphasizing that it is a substantial amount of money. He also inquired about the almond fields and whether they will be leased out to generate income. Alves then shared he met with Manager French to discuss various items, commended him for his work, offering his support for anything Jaylen may need. He highlighted the importance of supporting local businesses and emphasized that prioritizing local businesses should be the City's focus to help them thrive.
Ed Alves sought clarity on how to obtain answers to his questions and access information. He asked whether this information is available online or through another means. City Manager Romo responded that they could talk the next day and address his questions and concerns directly.
Cody Fowler addressed the Mayor and Council members, raising a concern regarding the contract and compensation for police officers. He pointed out that it has been over a year and three months since Escalon police officers have had a contract, and it would be two years and three months since they received a raise. He stated that time lapse raised concerns about the officers' financial well- being. Fowler expressed frustration with the Council's handling of the issue in closed session meetings. He argued that the Brown Act, which allows for closed sessions, does not mandate secrecy, and the Council has the authority to choose to make discussions public. He urged the Council to initiate discussions about a fair contract for the police officers, especially considering the current inflation and the rising cost of living. Fowler emphasized that the responsibility to address this issue lies with the Council and encouraged them to stop delaying and using closed sessions to avoid transparency.
PUBLIC HEARING
6. Consider and Rule on an Appeal filed by Daniel and Breanna Coe of the denial by the Escalon Planning Commission of Conditional Use Permit and Variance #23- 784, to maintain an 800 square foot metal carport structure located at 1955 Melissa Court (APN# 227-670-250-000).
MINUTES
Escalon City Council
October 2, 2023
Development and Community Services Manager Jaylen French presented Item 6.
Mayor Pro Tem Hagan asked for a definition of a "special variance" or what it would involve.
Mr. French explained that a variance is typically sought when a property's topography, layout, or lot size prevents the owner from using it in the same way as their neighbors. He added that variances are permitted by state law and aim to ensure that property owners can use their land effectively despite challenges, so they can utilize their property like others in their neighborhood.
Mayor Pro Tem Hagan inquired whether a special variance could potentially override some of the previously discussed requirements.
Mr. French explained that if approved by the governing bodies, a special variance could indeed modify certain requirements. However, it is essential to note that it would not supersede life and safety regulations.
Mayor Bellinger then asked about how the municipal code compares to state codes regarding setback rules and similar regulations, specifically if the City's rules were more or less restrictive.
Mr. French responded that the City's regulations were generally in alignment with state codes. He offered an example, a three-foot setback is considered the minimum buffer per the building code, primarily due to fire safety concerns. He stated that this ensures that structures are not placed too close to neighboring properties, reducing the risk of fire spreading. He further mentioned that the City's building official suggested incorporating fire-rated walls into the structure in question to address the concerns related to fire safety.
Mayor Pro Tem Hagan inquired whether the structure in question was made of steel, and the Development and Community Services Manager confirmed that it was indeed a metal structure.
Councilmember Strohman stated he appreciated the existing process and the role of the Planning Commission, adding that he believed that approving this appeal could potentially create more significant issues for the City. He was concerned that granting the conditional use permit and variance might indicate a disregard for the municipal code.
Mayor Bellinger sought clarification on the red markings appearing on the lot map, which indicated specific measurements related to the structure's proximity to various elements such as a fence, the house, and the rear of the property. He inquired if these measurements were determined by the City's engineer during an on-site inspection.
The Development and Community Services Manager confirmed that these measurements were indeed field verified by the City's building official.
Councilmember Engle expressed his support for the homeowner's right to use their property as they see fit, recognizing the role of municipalities in governing such matters. He also noted that the structure in question was already in existence. Regarding fire safety, Councilmember Engle
MINUTES
Escalon City Council
October 2, 2023
pointed out that the fire department had taken no stance on the matter, and that it did not appear to obstruct ingress or egress from the property. He emphasized that the homeowner's intention was simply to cover their RV at their residence, and he saw no issue with it. He then stated that he disagreed with Councilmember Strohman's earlier comment about potential broader implications, stating that there is an established process in place, and the homeowner was following that process accordingly.
During this exchange, Councilmember Strohman respectfully disagreed with Councilmember Engle's viewpoint. He pointed out that the carport was built without proper City approval, and that the applicant sought approval afterwards.
Councilmember Engle requested to complete his statement and emphasized that the applicant was following the established process and had paid the necessary fees. He noted that there did not seem to be any serious complaints from other residents and asked Mr. French to confirm.
Mr. French noted that at the Planning Commission meeting where this request was first rejected, neighbors expressed their disagreement with the construction. He stated their complaints primarily centered around concerns related to shading, proximity, and potentially fire life safety. However, he could not recall specific details about fire safety-related complaints.
Councilmember Engle brought up the importance of considering the neighbors' liberties for their property as well. He inquired about whether there were any notes or documentation outlining the neighbors' concerns regarding the structure in question.
Mayor Bellinger request the applicant approach the podium to speak on the matter.
Daniel Coe, 1855 Melissa Court, addressed the Council, appealing the Planning Commission's decision. He expressed his desire to protect his 46-foot toy hauler by installing a metal cover, which he considered a temporary structure. He highlighted that this structure would go with him when he sold the house and clarified it did not touch any fences or buildings. He assured that fire safety and access were not compromised.
Mr. Coe noted that he had consulted with one neighbor who had no objections. However, another neighbor behind him was concerned about potential accidents due to the trailer's proximity. He argued that this concern applied whether the trailer was covered or not. He questioned why his toy hauler could be placed close to the fence without issues, yet the carport was facing opposition. He mentioned that he had anchored it down according to code specifications and invited officials to come and inspect it for safety. He expressed his frustration, stating that he saw similar structures all over town and did not want to be singled out. He clarified that he was only trying to protect his trailer and didn't understand why he was facing these challenges.
Mayor Bellinger, stating that he was representing various resident inquiries, asked Mr. Coe why he did not contact the City to obtain a permit before installing the carport. Mr. Coe responded that he was unaware that a permit was required for a temporary structure. He mentioned that he only
MINUTES
Escalon City Council
October 2, 2023
discovered this requirement a few days after he had already installed the structure when he received a notice from the City indicating that it was not allowed.
Ashley Walker, a neighbor living behind the structure, shared her concerns. She was upset that she was not consulted before the structure was built, which she felt was not neighborly. She stated that the pictures provided did not show how close the structure was to her fence, and that she felt it was an eyesore. She emphasized the fire safety issue due to its proximity to her fence. Ms. Walker agreed with Councilmember Strohman's point about the Planning Commission's unanimous decision against it. She was disappointed that they had to deal with this in their otherwise friendly neighborhood and hoped the Council would consider all these factors.
Kurt Danziger, an Escalon resident, stated that the Planning Commission had already discussed it, and the main issue is that an illegal structure was built without a permit. He reminded the Council that society has rules and regulations that must be followed, regardless of personal opinions on property rights. He gave an example of the recent smoke shop ordinance and asked what would happen if the Council decided not to enforce it or other laws, like growing marijuana in backyards.
Mr. Danziger also mentioned his own experience with a similar situation involving his neighbor's property, which caused tension. He said that many of these structures are not temporary but permanent and used for storage. He emphasized that municipal and fire codes have important reasons for existing and ignoring them could lead to chaos. He urged the Council to make the right decision and uphold the law they swore to support.
Daniel Coe responded to the claims that his temporary RV structure was lowering property values in the neighborhood. He asserts that he takes great pride in his property and challenged anyone to prove that property values will drop because of his structure. Mr. Coe questioned why it was acceptable to look at his trailer but not the cover, as both served the same purpose. He expressed frustration with the ongoing debate and emphasized that his structure was bolted down and did not pose a fire hazard as claimed.
Ashley Walker came back to the podium and told the Council that she recalled, during the prior Planning Commission meeting, there was a discussion about the fire risk because of the structure's closeness to the fence. She inquired why the fire department assessment was not provided. Ms.
Walker mentioned that there are spacious properties in Escalon where such structures could fit without issues, implying that there might be alternative locations if Mr. Coe is keen on having this structure. She felt it was inconsiderate to place this structure in their neighborhood and stated that while they were the only neighbors speaking out, other neighbors shared her sentiment. She also mentioned her discomfort with public speaking and suggested that the process might need improvements to avoid putting residents in such uncomfortable situations.
Ed Alves returned to the podium and highlighted the Council's role in the decision-making process.
He acknowledged that the Planning Commission is an essential part of the community but clarified that appeals ultimately fall under the jurisdiction of the City Council. He drew a parallel with a previous case on 1st Street involving a sizable carport, where the Planning Commission had denied it initially. However, the property owners appealed to the City Council, and after careful review,
MINUTES
Escalon City Council
October 2, 2023
the Council approved it. He emphasized that these decisions were not intended to diminish the Planning Commission's valuable work but to uphold the Council's responsibility in such appeals.
He also recognized that in situations like these, where property rights and community concerns collide, finding a solution that satisfies everyone is challenging, and often, no one emerges entirely content with the outcome.
Gary Haskin expressed the property did not meet the legal requirements for a variance. He also believed that granting the variance would undermine the existing rules. He mentioned the statement from Ed Alves, suggesting that if they kept making exceptions, they might as well get rid of the rules altogether.
Mr. Haskin also talked about property rights, saying they should not harm neighbors' rights. He thought in this case, the neighbor's rights were being affected negatively.
Dave Willis, an Escalon resident, and a retired firefighter from the City of Santa Clara, mentioned his experience with a motorhome fire. He emphasized the fire danger associated with these types of vehicles. He recalled responding to a motorhome fire with Engine 10 in the past and expressed relief that the motorhome was parked on the street and not next to a house when it caught fire.
Manager French addressed a couple of points raised by the audience. Firstly, he mentioned that the Fire Department was involved in the matter, and the City supplements fire review through the Escalon Fire District and their building official consultants (CSG). This collaboration helps ensure that the fire department's concerns are considered during project evaluations.
Additionally, he mentioned that there are specific findings to be made for both the conditional use permit and the variance, and these findings can be found on Page 4 of the staff report.
Councilmember Strohman clarified that he appreciates Mr. Coe's intentions but stressed that the carport violates City and state building codes, primarily due to the absence of a fire-rated wall near the house. He also countered Mr. Coe's assertion that the metal structure would not burn, citing the example of metal structures burning during the 9/11 events. Despite understanding Mr. Coe's position, he reiterated the importance of adhering to codes and recognized the neighbors concerns.
Mayor Pro Tem Hagan chimed in regarding the fire concerns. He mentioned that steel typically burns at much higher temperatures than those reached in house fires, emphasizing that special circumstances are required for steel to burn. He questioned the direction of Councilmember Strohman's comments on this topic.
Mayor Bellinger asked whether the Council could deviate from the state code's setbacks and other regulations.
City Attorney Frank Splendorio clarified that the state generally delegate discretion to local jurisdictions for setting and regulating development standards like setbacks and fence heights.
However, he noted that the Council must follow the municipal code's findings and requirements
MINUTES
Escalon City Council
October 2, 2023
and can deviate from them only if they meet all the criteria set forth in the variance provisions adding that these criteria are listed on Page 4 of the staff report.
Councilmember Strohman expressed his belief that the Council cannot meet all the conditions of the variance, specifically pointing out requirement D, which states that the result of granting the variance should not be detrimental to public health, safety, welfare, or neighboring properties. He indicated that having a carport located just 8 inches away from an adjacent property could be considered detrimental to that neighboring property.
Councilmember Strohman emphasized that in order to pass the variance, all four conditions of the variance must be met. He reiterated his belief that they cannot meet condition D of the variance, which relates to the detrimental impact on neighboring properties, as he previously discussed.
Additionally, Mayor Pro Tem Hagan mentioned an example of mobile homes with carports on zero lot lines in another area, but Councilmember Strohman pointed out that this area was not within their jurisdiction and therefore not applicable to the current discussion.
MOTION - It is moved/seconded by ENGLE/HAGAN that the appeal filed by Daniel and Breanna Coe of the denial by the Escalon Planning Commission of Conditional Use Permit and Variance #23- 784, to maintain an 800 square foot metal carport structure located at 1955 Melissa Court (APN# 227- 670-250-000) be approved. Motion failed. (2-3; NAYS - BELLINGER, WALKER, STROHMAN) MINUTE ORDER 53-23
ADMINISTRATIVE MATTERS
7. Approve a Lease Agreement with Ayera Technologies and Authorize the City Manager to Execute the Agreement.
Councilmember Strohman publicly disclosed a church relationship with a member of the ezWAVE staff who was present at the meeting adding that this relationship would not influence his decision- making process regarding the agenda item under discussion.
City Manager Romo presented the staff report on this item. She explained that the City's computer network needs upgrading and that the City solicited informal proposals from two (2) local ISP's, ezWave Communications and Ayera Technologies, to provide the City with a managed connectivity solution for its remote sites in exchange for rent and the use of space on its assets.
City Manager Romo stated that the staff's recommendation was to approve a lease agreement with Ayera Technologies however, the City Council may choose to approve the lease agreement with ezWave Communications, a local business in Escalon, if desired.
She added that in attendance at the meeting were representatives from both Ayera Technologies and ezWave Communications, as well as Cullen Byrne, the City's third-party IT consultant - Mid- Valley IT.
MINUTES
Escalon City Council
October 2, 2023
Speaking at the podium, Mr. Cullen Byrne explained that they requested proposals for the best design, considering that wireless technologies vary depending on the site's line of sight to the nearest tower. The goal was to get the best possible design based on what each company could provide, so it was not a direct apples-to-apples comparison. He emphasized that this approach is becoming increasingly popular, and it allows the City to use its vertical assets with outside providers, resulting in significant cost savings. This solution is expected to save the City between $300,000 to over $1,000,000 over the next five years without any upfront capital costs. He stated that this not only provides better services for City staff at remote sites but also benefits the residents by improving government functionality without additional expenses.
Councilmember Strohman requested an explanation from Mr. Byrne regarding the term "symmetric connection," seeking clarification for both the Council and the audience.
Cullen Byrne explained that most internet connections have a faster download speed compared to upload speed because consumers typically use more data in one direction. However, for the City's network, where video, files, and various applications are frequently sent and received, having a symmetric connection means that both the upload and download speeds are matched and equally important. He added that this ensures efficient data transfer and utilization of bandwidth, especially for security cameras, access control, and SCADA systems.
Scott Vander Dussen, the CEO and founder of ezWave, introduced himself and mentioned a phone call he received from Cullen Byrne at Mid Valley IT. He stated that in this call, Mr. Byrne indicated that the City of Escalon had asked him to consider working with a local company. Scott also stated Mr. Byrne expressed concerns about the reliability of Ayera's products from past experiences.
Cullen Byrne interrupted Scott Vander Dussen, strongly disagreeing with the account presented.
Byrne clarified that he had not made the statements attributed to him by Scott Vander Dussen and emphasized that the information presented was not accurate.
City Attorney Splendorio requested Mr. Byrne allow Mr. Vander Dussen to continue.
Mr. Vander Dussen continued and expressed concerns about Ayera's proposal for the City's wireless infrastructure. He mentioned previous tower failures and reliability issues with Ayera's equipment. He also highlighted a tower collapse incident in January 2021 of a tower located on the roof of the local fire department.
Vander Dussen raised several concerns about the proposed lease agreement between Ayera and the City of Escalon. He pointed out errors and missing information in the agreement, especially regarding equipment maintenance and support. He emphasized the need for clarity on responsibilities for public and private usage of the wireless infrastructure.
Vander Dussen was dissatisfied with the level of detail in the proposal and the omission of critical information from his bid. He requested more time to discuss these issues and provide detailed documents illustrating the discrepancies.
MINUTES
Escalon City Council
October 2, 2023
City Attorney Splendorio allowed Mr. Vander Dussen to provide the documents he brought to support his claims.
Councilmember Engle inquired with the staff if there were any differences between the contract or lease agreement given by ezWave and what was shown.
City Manager Romo clarified that she was not aware of any discrepancies and that she did not personally receive these proposals from the two companies. She went on to explain that there was an amendment made after interviews and that those changes were related to an increase in the number of site locations, which necessitated revisions to the proposals from both companies.
Scott Vander Dussen stated that his proposal had been omitted from the staff report presented to the Council that evening. He explained that the project scope had changed significantly, and to expedite the submission of his proposal, he had submitted an updated letter that referred to the original proposal. He emphasized that the staff report incorrectly listed his proposal as "ezWave Cover Letter and Proposed Lease Agreement," when, in fact, it was not the amended proposal he had submitted. He noted that the referenced "cover letter" was incomplete as it did not include the first proposal he submitted.
Mayor Pro Tem Hagan requested that the item be tabled to allow for further examination of the grievances and to ensure that nothing important was overlooked.
Mayor Bellinger responded by expressing the desire to hear from everyone and gather their input before deciding on whether to table the item.
Councilmember Walker asked what other public agencies ezWave has worked with.
Scott Vander Dussen stated he has collaborated with the Tracy Fire Department and the Mountain House Community Services District, both of which have given quotes for reference. He invited council members and City staff to directly contact these organizations for references. He also mentioned that an engineer from the manufacturer of the equipment ezWave proposed to use had come to the meeting from all the way from Milpitas and they offered to demonstrate the advantages of their equipment and invited the City for a plant tour to learn more.
When asked if these references were part of his initial response by Councilmember Strohman, Scott explained that they were not, because communication with Mr. Byme had stopped during informal discussions. He stated he had waited for Mr. Byrne's response for weeks. He also mentioned a previous video conference with the City of Escalon staff where SCADA systems were discussed, but that Mr. Byrne redirected the focus to the infrastructure project. Still, he expressed his willingness to help with SCADA systems in the future and provided some relevant experience.
He added that he had previously sent this information separately to Mr. Byrne along with the revised version of the proposal.
Councilmember Walker asked if the upload and download speeds were correct as written on the staff report submitted with the agenda.
MINUTES
Escalon City Counci
October 2, 2023
Scott Vander Dussen stated that the comparison is not apples to apples when comparing with the equipment used by Ayera. He pointed out that Ayera does not guarantee any speeds and explained the differences in speeds.
Scott Vander Dussen expressed his strong concerns about what he sees as an injustice and misrepresentation. He mentioned his long-standing connection to the community, having lived in Escalon for decades, attended school, and operated a business for over 20 years. Mr. Vander Dussen's states his purpose in being present at the meeting is to plead with the individuals there to acknowledge his perspective and address the issues he believes are unfair.
Councilmember Strohman asked Scott Vander Dussen about the reliability of ezWave's proposed internet service, emphasizing the importance of reliability for the Police Department and other City departments.
Mr. Vander Dussen mentioned that concerns about reliability have been raised at the state level regarding wireless equipment. He suggested inviting Stefan who is an engineer from the manufacturer of the equipment ezWave proposed to use to share information about a project that his company, Toronto, has done with Sacramento, specifically addressing reliability concerns related to traditional wireless equipment.
Mayor Bellinger denied Scott Vander Dussen's request to hear from Stefan and discuss the reliability of ezWave's proposed internet service further. He mentioned that the agenda was already packed with topics to discuss and suggested hearing from the representative from Ayera before moving on. Mayor Bellinger also suggested that a date should be set to bring this topic back to the Council for further discussion.
Mathew Ford, CEO of Ayera Technologies, came to the podium as requested by the Mayor. He introduced himself and stated that statements made by Scott Vander Dussen were untrue.
Responding to Vander Dussen's reference to the tower collapse on the local fire department's roof, Mr. Ford confirmed the event but clarified that the tower was 40 years old and had been installed by a different company. He stated there was a failure with a guy-wire and Ayera repaired the failure and built a new tower within 3 days. He stated that contrary to the statements made by Vander Dussen the new tower was smaller at 80ft compared to the 90ft one that fell.
Mr. Ford also explained that both Ayera and ezWave had submitted proposals in response to the City's request for a Layer 2 solution to connect their sites. After initial discussions, it became clear that additional sites were needed, leading to adjustments in their proposals to accommodate these changes. He expressed that he was not trying to force the issue and was open to other options, such as issuing a formal RFP (Request for Proposal) to seek a more suitable solution if the Council thought it was necessary. He emphasized that their goal was to assist the City in meeting its needs.
He further stated that Ayera's wireless solutions have an impressive 99.999% uptime rate on most of their links, resulting in just a few minutes of downtime per year. He mentioned Ayera's careful design to reduce downtime by using multiple paths and fiber connections. He also highlighted
MINUTES
Escalon City Council
October 2, 2023
Ayera's local presence in Modesto and their longstanding service to the Escalon community, including having a business license and participating in the City's communication master plan.
Mr. Ford mentioned a list of cities and agencies that Ayera provides their wireless solutions for, which include Oakdale and Newman amongst others. He stated that entities rely on Ayera's wireless solutions, demonstrating their experience and expertise in this field. He reiterated his readiness to collaborate with the City and mentioned his readiness to participate in a RFP (Request for Proposal) process if that is deemed necessary.
Mayor Bellinger inquired about the evaluation process for the two companies and asked if references were checked with other agencies. Cullen Byre explained that the City of Newman and City of Oakdale are clients of Mid-Valley IT, so they have firsthand experience with Ayera's Layer 2 solution. He mentioned they also reached out to the City staff in Oakdale and Newman to verify. Regarding ezWave, he stated references were checked, but they were not for the same style solution, and the responses were not considered valid.
Cullen Byrne also pointed out that during his initial conversations with Mr. Vander Dussen, Mr.
Byrne mentioned that the City's existing network infrastructure was facing problems unrelated to Ayera. The issues were due to aging Ubiquity point-to-point radios that had become unreliable and slow. He stated these radios were purchased years ago and had reached the end of their useful life, but this situation did not reflect on Ayera or ezWave; it was simply a case of outdated equipment.
Councilmember Strohman expressed agreement with Mayor Pro Tem Hagan's suggestion to table the discussion for another meeting due to the inability to make a true "apples to apples" comparison between the proposals. He asked that the full proposals from both Ayera and ezWave, including the first page and the revised proposal, be provided to the Council so that they have sufficient time to thoroughly review and compare the proposals. Additionally, he suggested reaching out to Mr.
Byrne, the City's consultant, to ask questions and gather more information.
Council discussed the option of tabling this item to reevaluate, reorganize and at that time reach out to both Ayera and ezWave to see if they are available at the next City council meeting or a meeting IN November.
In response to Councilmember Strohman's comment about resubmitting proposals, Scott Vander Dussen asked the Council if ezWave had the opportunity to revise and add information to the informal proposals already submitted. He pointed out that while he has no proposal information from the one Ayera has already submitted, Ayera has seen his. He stated that he does not feel it is fair to allow both ezWave and Ayera to present a full proposal.
Councilmember Strohman mentioned that the Request for Proposal (RFP) process is essentially completed and asked Mayor Bellinger whether it would make sense for both applicants to resubmit full proposals.
Mayor Bellinger expressed his agreement with the idea of moving towards a Request for Proposal (RFP) process and having both organizations, Ayera and ezWave, submit formal proposals from a
MINUTES
Escalon City Council
October 2, 2023
clean slate. He mentioned that it would be fair to both parties, and the RFP process could potentially open the opportunity for other companies to join in as well.
City Manager Romo provided information to Mayor Bellinger, stating that starting an RFP process over would take longer than simply receiving updated proposals. She indicated that this delay would likely result in the item being brought back before the council in November or December.
Mayor Pro Tem Hagan expressed the importance of having complete information and not deciding without all the necessary details. Mayor Bellinger agreed and emphasized the need for a level playing field, allowing both organizations to present their best proposals for the City.
Ed Alves asked why there were only two bids for this important project. He emphasized the importance of having more than two bids for transparency and suggested that the process should involve a more detailed review. He appreciated the decision to allow both teams to resubmit their proposals as complete RFPs for a more thorough evaluation.
The council reached a consensus to restart the RFP (Request for Proposal) process, allowing both companies that had already submitted proposals to provide complete RFPs. Additionally, they would welcome proposals from other interested parties. The item would be brought back to the council for further consideration in November or December.
8. Consider an Appointment to serve as the Escalon Representative of the Ad Hoc Animal Shelter Subcommittee. (Continued from September 18) Mayor Pro Tem Hagan expressed his interest in serving as the City of Escalon representative at the Ad Hoc Animal Shelter Subcommittee. However, he wanted to make sure there were no ethical issues because of his connection to the Oakdale animal shelter, as his vet clinic helps the shelter with medical care. He recalled that City Attorney Splendorio had previously stated he would investigate this matter and provide his findings. Mayor Pro Tem Hagan asked City Attorney Splendorio to elaborate on his findings.
City Attorney Splendorio explained that Mayor Pro Tem Hagan is allowed to serve as the City of Escalon representative at the Ad Hoc Animal Shelter Subcommittee. He stated that even if there were concerns about his business being impacted by his role, there's an exemption in the rules for cases where the source of income is another government agency. This exemption is meant to encourage people to work with government agencies without conflicts of interest. Additionally, government agencies have their own rules and protections in place.
Councilmember Strohman expressed that Mayor Pro Tem Hagan is highly qualified for the position, and Mayor Bellinger agreed, stating that Mayor Pro Tem Hagan is the most qualified among them with relevant knowledge. They both supported his appointment to represent the City on the Animal Shelter Subcommittee.
MINUTES
Escalon City Council
October 2, 2023
MOTION - It is moved/seconded by BELLINGER/STROHMAN that Mayor Pro Tem Andrew Thomas Hagan be appointed as the Escalon Representative of the Ad Hoc Animal Shelter Subcommittee. Motion passed unanimously (5-0) MINUTE ORDER 54-23
9. Consider the rebranding of the Youth Basketball League to a Jr. NBA League starting in the 2024 season, and reconfiguring the available divisions/age groups to align with the Jr. NBA League by removing 3-5 years old and adding 13 and 14 years old.
Development and Community Services Manager, Jaylen French, introduced the Jr. NBA Leagues administrative process, provide a more structured basketball program, and enhance the overall appearance of the City's recreation programs.
Mr. French reported consistent growth in the basketball program, ranging from 10% to 30% each season adding that this growth was anticipated to continue, but acknowledged that there might be a limit in a smaller community. He pointed out that 30% of the league participants were in the 3- 3 age group, which is a significant percentage. Mr. French stated that staff believes this shift in age range might balance out with increased participation in the 12-14 age group.
He mentioned that staff intends to keep the fees constant for the program. He stated that while the direct costs of the program are being fully covered, the revenue generated, and the management of program overhead by City staff are not fully covered and stated that this budget-related issue will be discussed separately.
Mayor Bellinger inquired about the length of the contract for the Jr. NBA league. The response was that the contract is on a year-to-year basis, allowing the City to discontinue it if they find it unsuitable in the future.
Mayor Pro Tem Hagan inquired if there could be flexibility to allow physically capable children aged five to play in the league with six-year-olds. He also suggested assessing their ability to play with that age group. The Development and Community Services Manager mentioned that modifications could be made to the program to accommodate this and discussed logistics.
Councilmember Strohman expressed concern that allowing three-year-olds to play one year and then discontinuing it might disappoint them and impact younger players like four-year-olds.
Councilmember Strohman raised a question about whether students governed by CIF (California Interscholastic Federation) rules for high school sports could participate in both recreational and high school basketball simultaneously. Councilmember Walker explained that CIF rules typically govern high school and middle school sports, and many junior high and high school students play for club teams outside of their educational sports programs. She mentioned that high school
MINUTES
Escalon City Council
October 2, 2023
students might not be allowed to have overlapping seasons for recreational and high school basketball.
Mayor Pro Tem Hagan asked Councilmember Walker for input on integrating older kids into the younger age group. Councilmember Walker explained that recreation programs are proposed by contractors and approved by the Recreation Commission. If someone proposed a program for three to five-year-olds outside of the Jr. NBA program, it would need approval from the Recreation Commission and would be treated as a separate program through the City's recreation department.
Councilmember Walker expressed appreciation for the flexibility of the City's recreation programs and mentioned that they like how these programs allow for various proposals and potential new programs to be considered.
Councilmember Strohman questioned Mr. French about his choice of six years old as the starting age, asking if it was directly from the Jr. NBA. Mr. French stated that yes, because that is how the Jr. NBA Leagues is gearing their leagues.
Councilmember Strohman inquired if it was possible to start the program at age 5 instead of 6. The Development and Community Services Manager, Mr. French, responded that while he hesitated to say yes, it was a possibility. He mentioned that the City could even consider adding an additional division for 3 to 5-year-olds to run parallel to the Junior NBA program. However, he noted that this new division might not have access to the same resources, such as Junior NBA jerseys, as the Junior NBA program starts with Youth Small sizes, which could be too large for most 4 and 5- year-olds. Mr. French also highlighted potential challenges, including gym availability and the staffing of referees. Despite these challenges, he expressed openness to exploring this option further.
Mayor Pro Tem Hagan mentioned that the children in the 4/5 age group typically play with small plastic hoops, suggesting that finding suitable facilities for them wouldn't be too difficult.
Speaking via GoTo, Ronnie Van Dyke stated that this subject is very important to her as she has coached every level of basketball for the City's recreation league. She expressed that although young basketball players are in the process of mastering the game, depriving the children of this invaluable experience is something she would never want. She suggested that gradually eliminating the younger divisions might be a wise approach, ensuring that players who participated last year can still engage this year. She emphasized her firm belief in the importance of play.
Additionally, she expressed hope that the basketball program's rebranding won't significantly burden parents financially, considering the already high expense of youth sports participation.
Mayor Bellinger suggested gradually eliminating the division for three-year-old players, pointing out that those who participated last year would now be four. He proposed that the division could then accommodate four and five-year-olds this year, followed by phasing out the four-year-old division the subsequent year, and so on.
MINUTES
Escalon City Council
October 2, 2023
Mr. French noted they are in uncharted territory with the community program. Based on Council and Commission input, he's committed to allowing all interested individuals to participate in the upcoming season. Despite tight schedules, Mr. French is optimistic that his creative team can make it happen and will update the Council on progress, following their guidance.
Mayor Pro Tem Hagan expressed his desire for the younger divisions to remain, suggesting that they should be kept separate and run concurrently with the program for those aged six and older.
This approach, he believes, would maintain the younger players' interest in the game.
Councilmember Strohman noted that if there are concerns about maintaining younger divisions in the basketball program due to limited resources, these should not be worrisome. He stated coaches for young players will likely focus on managing the team, not on complicated basketball plays.
Councilmember Walker expressed interest in having a separate division for 4/5-year-olds that is independent of the Jr. NBA program, though she understands managing two distinct programs might be challenging for the staff. She also recognized that securing facilities could be difficult.
Mayor Pro Tem Hagan proposed allowing parents of 3-year-olds who are deemed ready to petition the City Council for their children to join the 4/5-year-old division.
Mr. French acknowledged uncertainties but stated staff will explore suggestions based on the council's guidance. He noted the benefit of having a 4/5-year-old division as no 2/3-year-olds played previously, making age phasing easier. He added the staff will look into creating a separate 4/5-year-old division and consider integrating it into the proposed Jr. NBA Leagues program.
Mayor Bellinger expressed optimism that the basketball program will see some growth in participation in the 11- to 4-year-old age group.
Mayor Bellinger asked Jaylen French if there was a deadline on accepting becoming part of the proposed program.
Mr. French expressed uncertainty about the deadline but voiced concerns about the limited time to promote the new proposed program. However, due to the administrative benefits of the new program, he isn't overly worried about potentially missing the deadline, especially if the council directs further exploration and later review. He further noted that his primary concern is the structure of this year's basketball program. He suggested the possibility of continuing with the current City recreation basketball program for this year and initiating the Jr. NBA Leagues program the following year.
In response to Councilmember Stroman's question regarding the feasibility of implementing the Jr. NBA program in the upcoming basketball season, Mr. French indicated it wasn't too late.
Councilmember Strohman then inquired about the council's opinion on launching the proposed program this season while also creating a separate division specifically for 4/5-year-olds since the Jr. NBA Leagues program is ready for implementation.
Council gave consensus to implement the Jr. NBA Leagues Program for the 2024 Basketball season with a separate division for 4/5-year-old players.
MINUTES
Escalon City Council
October 2, 2023
10. Discuss and Receive Direction on the City's current policy on rental of the Senior Room at the Community Center.
City Manager Romo presented the item. She suggested that the Council contemplate allowing council-approved non-profits access to the Community Center's senior room on weekdays, provided it is not reserved or in use by senior programs like the senior lunch program. Currently, the senior room is exclusively available as an add-on for community center rentals and only to council-approved non-profits. She noted that there is not a user fee established for renting the senior room separately, with the exception of a $100 janitorial fee.
City Manager Romo mentioned that over recent months, staff has received feedback and inquiries expressing interest in renting the senior room separately from the community center. The staff has considered making the senior room available for rent from Monday to Friday, 8 am to 5 pm, separate from the Community Center, if the center is not rented. If the council wishes to discuss availability outside of these business hours or during weekends, she recommends establishing a rental fee in addition to the existing $100 janitorial fee. This additional fee would cover staffing costs associated with opening and closing the room, depending on its availability.
Mayor Bellinger asked if nonprofits could book the senior room any weekday from 8am to 5pm, and how far in advance this could be done. He also asked about the possibility of allowing groups to book recurring events. City Manager Romo said bookings would be on a first-come, first-serve basis.
Superintendent Collins responded that it would not be necessary to plan too far ahead, but also noted there might be occasional scheduling conflicts on Fridays since some Saturday reservations for the Community Center Main Hall set up on Friday afternoons.
Responding to Mayor Bellinger's question, Public Works Superintendent Collins stated that renting the Senior Room to the community would not significantly burden City resources, provided the rental times are restricted to Monday through Friday, 8am to 5pm.
Councilmember Walker sought clarification on whether the Senior Room rental would be separate from the Community Center rental, and inquired about the associated fees - whether they'd be hourly or a flat $100.
City Manager Romo clarified there is no set fee for the Senior Room alone. The current $100 janitorial fee applies when the Senior Room is rented alongside the Community Center, typically used as a setup area. Romo explained that the Senior Room isn't usually rented separately due to sharing a single set of restrooms with the Main Hall, which might inconvenience two groups using the facilities simultaneously. Since the Main Hall is seldom rented during weekdays, they anticipate Senior Room renters would have full restroom access.
Councilmember Strohman sought clarification on what "meets certain criteria" meant in the staff report.
MINUTES
Escalon City Council
October 2, 2023
City Manager Romo explained that it referred to the availability of the Community Center not being in use during the requested rental time and that the Senior Room would only be accessible from 8am to 5pm, when staffing is available, as these requirements could be accommodated without additional fees unless the Council decides to introduce one. She added that during working hours, the staff from public works and City hall could assist with opening and closing of the Senior Room.
City Manager Romo noted that the room has historically been associated with senior-related activities. She stated that a challenge may arise from diversifying the use of the room related to the Community Development Block Grant (CDBG) funds. A portion of these funds, used for seniors, may be reduced if the room is opened for non-senior activities. This may not be an issue every year but is a consideration to bear in mind.
Councilmember Strohman inquired who is responsible for cleaning after the senior lunch program, to which Public Works Superintendent Collins responded that the janitor handles it. City Manager Romo added that a $100 deposit could still be collected to cover the cleaning costs associated with renting the Senior Room.
Councilmember Strohman asked why only nonprofits can rent the Senior Room, suggesting that residents should have access too. City Manager Romo responded that it is Council's decision, and currently, only council-approved nonprofits can rent. City Manager Romo further explained that nonprofits are required to apply annually for Council approval for reduced rental rates, but this stopped during COVID when rentals ceased. With staff changes upon reopening, this process was not discussed until recently. Starting in the new year, this approval process will be reintroduced, with previous nonprofit renters being notified. She added the Council can decide to change these terms if they wish adding that if it were open to the public, it would make reservations and staffing more extensive to manage.
Mayor Bellinger asked whether the $100 is a paid fee or a deposit refunded if the room is left clean. City Manager Romo responded that the $100 is used to pay a cleaner to clean the room every time it is used by a nonprofit. Mayor Bellinger sought clarification if this fee applies each time the room is used. Superintendent Collins recommended this fee, noting that the current senior room users (who use it for lunch) take great care of it. They are very clean, do much of the cleaning themselves, and have many of their items on the walls. The fee ensures that future users maintain the room's condition so that seniors continue to enjoy a quality space, as they have over the years.
City Manager Romo shared that the Senior Fun Bunch and Senior Lunch Program currently use the room for free, as authorized by past councils. Maintenance for these programs is primarily handled by the Public Works Department, and janitorial services are brought in as needed.
Mayor Bellinger opposed the idea of charging local non-profits a $100 cleaning fee for each use of the Senior Room if it is maintained well. He suggested a deposit system where a deposit is taken, the room is inspected before and after use, and the deposit is refunded based on the room's post-use condition.
MINUTES
Escalon City Council
October 2, 2023
City Manager Romo agreed that this approach is feasible, adding that if the rental occurs during business hours, the Public Works department can assess the room on the same day. Mayor Bellinger also proposed limiting the rental of the Senior Room to non-profits located in Escalon.
Barbara Willis, began by thanking Public Works Superintendent Collins for his kind words regarding the senior programs. She shared that a driver delivers food on Tuesdays and Thursdays around 8:30 am, with four volunteers present and set-up occurring the day prior. With 35 meals delivered and dinners set up at four tables, she noted that the individual overseeing the senior program generously buys necessary supplies out of pocket when they are not provided. Willis expressed concern about the possibility of these purchased items, like creamer and coffee, being tampered with if others have access to the Senior Room.
She also mentioned that the Senior programs have recently initiated arts and crafts activities and are running out of storage space. She stated that in the past, people using the room have left items behind. While understanding that other groups might want to use the room, she expressed the seniors' need to be informed in advance to make necessary preparations. She recounted instances where janitorial staff refused to clean the floors, as it was not a part of their assigned duties, leading the seniors to clean the room themselves, and they endeavor to keep the space tidy.
She emphasized that for some seniors attending the lunch program, it serves as their only social connection and outing. She hopes that any changes would minimally impact the seniors who rely on these programs for social interaction and support.
Councilmember Engle shared concerns about the proposed idea, highlighting minimal gains, liability issues, manpower and material costs, and potential inconveniences for seniors. He stated he might support it if it brought significant income. However, with non-profits likely using the space for free or at a reduced cost, he saw it as adding tasks with no clear benefits, which did not make sense to him.
Sherry Hill, an Escalon Resident and representing a non-profit, spoke in favor of using the Senior Room, explaining that their intention is to assist seniors. She mentioned collaboration with Karen Corey, who oversees the Tuesday and Thursday programs, indicating Karen's willingness to cooperate with them. The non-profit plans to distribute food on Tuesdays and Thursdays, with the Community Center being an ideal location. Ms. Hill shared that a significant majority (around 80%) of the individuals they service are seniors, while the rest are families, with all volunteers being seniors from various parts of town.
Ms. Hill highlighted their ongoing effective partnership with Karen, as Karen has been obtaining food from their non-profit to supplement the Tuesday and Thursday meals. Sherri requested the Council to consider the proposal seriously, suggesting possible stipulations for working in harmony with Karen to avoid disrupting existing senior programs. From her perspective, allowing non-profits like hers to use the Community Center would be a win-win for the community since they lack a stable food distribution location. She assured the Council of her commitment to maintaining cleanliness in the facilities they use, citing past commendations received for leaving
MINUTES
Escalon City Council
October 2, 2023
spaces clean. Sherri concluded by expressing hope that the Council would allow other non-profits to use the room and anticipated future discussions on the matter.
Elsa Sandoval, an Escalon Resident and Commission on Aging Representative, pointed out that various county services have been unavailable to Escalon seniors, as she learned from two meetings she attended. She stated that these services are different from the food programs previously discussed, and include Medicare services and connecting seniors with other benefits for which they may be eligible. Ms. Sandoval expressed her desire to use the Senior Room as a central location to engage with seniors and provide these services. She clarified that she is not proposing weekly events, but occasional visits from organizations like CAP that wish to discuss open enrollment and other services like aging in place programs. She observed that some services have not had the opportunity to engage with Escalon's senior community, and opening up the Senior Room would offer a perfect venue to invite county services that benefit seniors for group meetings and other activities. Ms. Sandoval advocated for opening up the center to facilitate these connections.
Councilmember Engle asked to make another comment in light of new information. He stated that after understanding the services offered and the room's use, he questioned the discussion about charging for the Senior Room. Councilmember Engle suggested that if the room is being used for senior functions, whether by non-profits or companies, especially for beneficial services like food distribution to the senior community, it should continue to be available without charge. He believed such uses should fall under current use policies and should be supported by the community without fees. Councilmember Engle clarified that his previous comments were made under the assumption that the room's rental was for generating revenue, not serving the community.
If the room's use is for community service, Engle recommended continuing its current usage policy without imposing charges.
City Manager Romo outlined previous practices regarding non-profit room use, including annual application processes for council-approved non-profit rates.
Council discussed whether the room should be available to community groups like Boy Scouts and 4H, stressing the community ownership of the space. Concerns were raised about liability, with City Attorney Splendorio highlighting the legal and financial risks involved in opening the room to wider use without considering insurance and indemnification.
The Council reached a consensus to permit reservations and usage of the Senior Room at the Community Center by council-approved non-profits, with a preference/priority for serving seniors.
This is allowable during the hours of 8:00 AM to 5:00 PM unless the Senior Lunch program is using the room or the main hall is rented out. It was approved that a $100 deposit is to be collected from the non-profits, which will be refunded provided the room is left in its original, clean state.
The Council can reassess this arrangement in the future, taking into consideration the usage and any issues that may arise.
MINUTES
Escalon City Council
October 2, 2023
11. Adopt Resolution No. XX-23, approving the Proposed Fiscal Year 2023-24 Budget.
Andy Heath, Financial Consultant, reviewed the 2023/2024 budget, adding details for all City funds to previously presented information.
The budget requests $29.6 million in expenditures against $18.6 million in revenue, using approximately $11 million in reserves due to a General Fund deficit and capital programs in Enterprise Funds. Healthy balances are present in the Water and Sewer Enterprise Funds, and significant capital project expenditures are noted in transportation, funded by saved reserves.
The staffing matrix presents 36.85 Full-Time Equivalent (FTE) positions, with 29.25 in the General Fund and the remainder spread across various departments. Some General Fund positions are allocated across the City, affecting costs accordingly.
The General Fund budget consists of $4.8 million in revenue and $5.8 million in expenditures, with reserve usage attributed to the loss of a sales tax contributor and one-time budget additions for 23/24. Transfers from the Gas Tax Fund helped reduce projected reserve usage.
The majority of General Fund revenues are taxes, with property and sales taxes making up 69%.
The carefully prepared budget assumes full staffing and includes salary increases, Civic Center debt service, energy lease payments, and $471,000 in one-time expenditures. One-time expenditures under $500,000 are mainly for the Police and Planning Departments, with possible use of other funds to offset General Fund costs being considered.
Consultant Heath forecasted a reduced deficit for 23/24 and ongoing deficits from a $400,000 loss and salary increases. Without intervention, the $2.2 million policy reserve will be used starting in fiscal year 27/28.
Consultant Heath also discussed the water fund, comprised of six funds with $5.3 million in revenue and $6.5 million in expenditures, largely from a $3.5 million capital program. A significant surplus is noted when excluding capital expenses, with over $5 million remaining in the water fund after all planned spending.
Kurt Danzinger inquired whether the $1 million water payments received from the City of Escalon were incorporated in the water fund calculations presented by Mr. Heath. Heath clarified that any regular revenue received annually by the City, including payments previously received, is indeed reflected in the water fund.
Consultant Heath discussed capital projects in the water and sewer funds. The water fund's capital projects allocation will likely increase by $1 million to a total of $4.5 million. The sewer funds have revenues just under $5.4 million and are requesting approval for $9.5 million in expenditures Of this, $4.8 million is for capital projects for various improvements and expansions, leaving an estimated balance of around $3 million in June 2024.
MINUTES
Escalon City Council
October 2, 2023
Councilmember Strohman inquired about the impact of a forthcoming wastewater treatment project on current sewer capital projects.
PW Superintendent Collins indicated that all current projects would be somewhat affected but are essential for ongoing operations until the new project's design is in place. Strohman was concerned about spending $1 million on facility expansion, wishing to avoid future redundant costs. Collins assured that the present spending is necessary and will not be replicated in future projects.
City Manager Romo clarified that the ARPA funds were allocated here to cover the wastewater project design costs, and Consultant Heath confirmed. Unused ARPA funds from the Fiscal Year 22/23 would be applied in 23/24 for related projects.
Kurt Danziger re-highlighted the importance of shared costs with industries for the $1 million expense and urged the City to secure agreements to potentially reduce the City's financial burden.
Consultant Heath reviewed the stormwater funds, expecting $239,000 in revenue and $327,000 in expenditures, resulting in using $118,000 in fund balance, leaving about $328,000 at year's end The budget includes a $30,500 capital project for tournament tree upgrades. The City's transit fund anticipates $579,000 in revenue and $485,000 in expenditures, mainly supported by the Transportation Development Act, state transit assistance, fare box revenue, and grants. With a minor deficit expected to balance out, the transit fund aims to maintain a balance close to zero. It plans $69,000 in capital expenditures for a mile car desktop and MDTC.
Councilmember Strohman inquired about the acronym "MDTC". City Manager Romo would look it up and advise.
Consultant Heath discussed the Transportation funds, noting an expected $317,000 allocation for FY 23/24 with no current capital plans encumbering these funds. With this allocation, over $2,000,000 will be available for transportation in the City during 23/24. Heath encouraged staff to consider recommendations for using these substantial funds in future City Council discussions.
Consultant Heath discussed a transportation fund related to a regional transportation impact fee, estimating an annual inflow of $12,500. With no planned expenditures, it is expected to have around $400,000 available. These funds are designated for specific regional transportation needs and may have use restrictions, often requiring approval from the governing body.
Councilmember Strohman inquired about the fund's balance increase, to which Heath explained the initial balance of $372,000 would grow to $384,000 with the addition of the $12,500, assuming no spending occurs.
Consultant Andy Heath discussed the Measure K fund, expecting to receive approximately $800,000 in revenue while having budgeted expenditures of $5.2 million, primarily based on the Capital Improvement Plan (CIP). A significant project listed, South McHenry Ave. to Jones project at $2.2 million, currently lacks an identified funding source, resulting in a projected negative fund balance by the year's end if all planned expenditures occur. Any spending on this project would
MINUTES
Escalon City Council
October 2, 2023
need Council approval, and this approval would only be sought once a funding source is secured or funds are transferred from other applicable sources.
Councilmember Strohman inquired whether passing the budget as is would still allow for the possibility of moving forward with the South McHenry Avenue to Jones project, pending identification of a funding source.
Consultant Andy Heath and PW Superintendent Collins affirmed that any project of such magnitude would necessitate Council approval before proceeding.
City Manager Romo also provided clarification on an earlier question about MDTC, explaining it refers to costs related to a Mio car agreement and a new computer, which were previously approved by the Council.
Consultant Andy Heath discussed the City's eight impact fee funds, with only parks ($89,300 for upkeep and tools) and transportation ($20,000 for Old Ray intersection improvements) having appropriations set for FY 23/24. Significant funds are noted in public works ($424,000) and transportation ($3.3 million) impact fees. Two funds, library (-$156,000) and City Hall (-$3 million), have negative balances due to loans for upgrades, expected to be offset by future fees.
With the City Hall fund having borrowed from other impact funds, alternative repayment options are being considered to efficiently offset the long-term $3 million debt. A schedule detailing each loan is provided in the budget.
He then provided an overview of the City's Assessment District operating funds, including Sunrise, Belle Terra, Westwood, Estates (two districts), and a benefit assessment district. These districts generally have healthy finances, with Westwood showing a slight negative due to an aggressive spending plan, which may not materialize as budgeted. The City also has funds from the Community Oriented Policing Services (COPS) and Supplemental Law Enforcement (SLESF) programs, amounting to around $150,000 annually. This year, planned expenditures of $148,000 include police equipment, operating costs, and a transfer to support police staffing in the General Fund, leaving an estimated balance of under $87,000. The remaining funds might be used to defray some police-related expenses in the General Fund.
Kurt Danziger brought up the City's loans of $1.5 million for City Hall and the Community Center.
Consultant Andy Heath confirmed these loans were considered, but repayment and interest were problematic.
Danziger questioned if these loans could ever be repaid because they relied on impact fees from significant development. He also raised concerns about the circular process of using interest to repay the loans when funds had deficit balances. Heath acknowledged the issue and suggested loans should be repaid only when funds have enough money to avoid deficit balances. He also mentioned discrepancies in the low-income housing fund representation.
MINUTES
Escalon City Council
October 2, 2023
Consultant Heath clarified that the fund had a balance but not working capital, as it was a loan from another fund, not cash. Heath said staff would present repayment options to the City Council at a future meeting.
Kurt Danziger mentioned that the funds allocated for the Wastewater Treatment Plant (WWTP) expansion were not coming from regular community taxes but from COVID-related support. He thought the budget amount for the design and permits looked too high and should account for contributions from industries involved in the project. He also raised concerns about the ENGIE energy lease debt service. He wanted to know if the savings from the energy investments were covering the debt service costs as expected.
City Manager Romo said they would need to review detailed reports. Danziger stressed the need to confirm if the investment was delivering the anticipated savings or if changes were necessary, especially since ENGIE might reimburse the City if the expected savings were not met.
Kurt Danziger then inquired about the Bella Terra Landscape Lighting District rates. He stated he checked the rate schedules and noticed changes but not clear rate increases. He expressed concern about rate hikes without a 218 vote and called the City's representative for clarification.
City Attorney Splendorio mentioned that assessments are done annually, unlike property-related charges.
Mayor Bellinger confirmed that the assessments were approved a couple of months ago.
Ed Alves noted that they had been approved for the year.
Danziger acknowledged this but said he still wanted to inquire.
Councilmember Walker inquired about when and what kind of options would be presented for repaying the debt.
Andy Heath explained that the next steps include finalizing the Audit, which is in progress, and once completed, they will have a clearer understanding of the actual fund balances. After that, in a couple of months, they will present options, which may involve the General Fund and potentially using other funds if there is a relevant connection. He emphasized the need to review the loan documents to understand their purpose and ensure that the sewer and water funds have paid their fair share, considering the operations within City Hall related to these funds.
Mayor Bellinger pointed out that while the budget is a planning document, it can be revisited and changed if necessary due to significant events or changes in the City's financial situation.
Consultant Andy Heath mentioned that he plans to come back to the City Council before the mid- year budget review, which typically occurs in February or March, to provide updates on the forecast and ensure it accurately reflects the City's economic changes and impacts on revenues and taxes.
MINUTES
Escalon City Council
October 2, 2023
MOTION - It is moved/seconded by BELLINGER/HAGAN to approve and adopt Resolution No.
XX-23, approving the Proposed Fiscal Year 2023-2024 Budget. (4-1; NAY- ENGLE) MINUTE ORDER 55-23
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
12. Discuss Agenda Item Request from Mayor Pro Tem Hagan and Councilmember Engle regarding the support of businesses during COVID. (Continued from September 18) Mayor Pro Tem Hagan proposed a resolution or statement of support that reiterates the City's commitment to not imposing mandates on businesses or individuals, particularly in regards to mask-wearing and personal health choices.
Mayor Bellinger and other council members expressed their support for this idea, emphasizing the importance of individual liberties and personal choices.
The City Attorney noted that while there IS currently no clear legal risk, they would monitor the situation and prepare a statement of support for local businesses and the community.
Strohman also emphasized the importance of recognizing individual choices and personal freedoms in the statement.
ounci mosle bulkers pressed eaten for asial she buded and recreated orient or their efforts to make the City more viable and mentioned the upcoming opening of Escalon High School's football field on October 20th, requesting that the radar trailer be moved near the high school to accommodate increased traffic during home games.
Councilmember Engle expressed disappointment that the Council did not take any further action or make changes to the budget beyond reviewing it.
Councilmember Strohman discussed concerns about the spending on the sewage treatment plant design without industry commitment and requested Council consensus to add it as an agenda item for discussion at the next meeting. He also thanked those involved in the recent wine and beer stroll event and praised the Escalon football team for their performance. Finally, he expressed gratitude to City staff for their hard work.
Mayor Pro Tem Hagan expressed his desire to include a discussion about the future of the almond fields on the meeting agenda. He sought consensus from the Council to explore various options for the use and development of these fields. Mayor Bellinger expressed support for this idea.
Mayor Pro Tem Hagan proposed revisiting the discussion about the CCH senior housing project proposal and its potential use of parkland. He expressed his desire to have this topic included on the meeting agenda in the future. City Manager Romo mentioned that she had reached out to the
MINUTES
Escalon City Council
October 2, 2023
relevant parties but had not received a response yet. Mayor Bellinger and the Council expressed agreement with the idea of discussing this matter at a future meeting Councilmember Strohman inquired about the status of the market study related to the CCH project.
City Manager Romo responded that the market study was being updated as needed to ensure that it provided accurate and relevant information for the discussions and criteria being considered in relation to the property.
Mayor Pro Tem Hagan expressed a desire to explore the possibility of opening the office for an hour or two on Fridays to accommodate individuals with different schedules and work hours.
Mayor Bellinger expressed support for discussing this, and City Manager Romo indicated that she would gather information and bring the matter back for further discussion.
In Mayor Bellinger's remarks, he expressed his appreciation for the Beer and Wine Festival event, despite the rainy weather. He also mentioned receiving the Mayor's Trophy and his plans to present it to Coach Beam and the football team.
Mayor Bellinger adjourned the meeting into Closed Session at approximately 11:15 P.M.
CLOSED SESSION
13. Conference with Labor Negotiators, Cal Gov't. Code §54957.6 Agency designated representative: Dominique Romo, City Manager Employee Organization: Escalon Police Officers Association (EPOA)
ADJOURNMENT
Council returned from Closed Session at approximately 11:45 PM. All Councilmembers were present for the duration of the meeting. No reportable action was taken.
There being no further business, Mayor Bellinger adjourned the meeting at 11:45 P.M.
Respectfully Submitted,
cavalo.
Ivelt Arevalo, Deputy City Clerk