MINUTES
CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF APRIL 15, 2024
City Council Chambers, 2060 McHenry Avenue -7:00 P.M.
Beginning Resolution No. 08-24
Beginning Ordinance No. 596
Beginning Minute Order No. 23-24
PRESENT: Mayor David Bellinger
Mayor Pro Tem Andrew Thomas Hagan
Councilmember Jeremy Engle
Councilmember Malinda Walker
Councilmember Shawn Strohman
STAFF PRESENT: Jaylen French, Interim City Manager
Jenny Thompson, Deputy City Clerk
Celinda Bickner, Finance Director/HR Administrator
Robert Hardgraves, Interim Chief of Police
Juston Collins, Public Works Superintendent/Manager
Frank Splendorio, City Attorney
Prior to the presentations, Mayor Bellinger informed the public that the Closed Session Item would be removed from the agenda for the evening. Interim City Manager, Jaylen French, then introduced the new Finance Director/HR Administrator, Celinda Bickner, to the council and community.
PRESENTATIONS
Certificates of Recognition – Escalon Strong, Hogan Manufacturing and Escalon Small Animal Clinic for donations to the Escalon Recreation program.
Mayor Bellinger presented Certificates of Recognition to representatives from Hogan Manufacturing and Escalon Small Animal Clinic, in honor of their recent donation of home run fencing at HoganEnnis Fields, as well as to representatives of Escalon Strong for their donation of a batting cage at Hogan-Ennis Fields. Mayor Bellinger then encouraged the public to go see those new additions to the fields.
South San Joaquin Irrigation District (SSJID) Surface Water Project Update.
Interim City Manager French informed the council that these presentations were part of a renewed effort by City Staff to bring regular updates on important and high profile projects before the council and community. Bradley Waldrop of Ardurra Group presented an overview and status update of the SSJID Surface Water Project. The presentation also covered the water related dynamics which caused the project to be initiated, which include the status of local water quality and quantity issues, and state laws on groundwater sustainability. Brandon Nakagawa of SSJID, provided potential project alternatives and spoke on potential pitfalls of not implementing the proposed project.
MINUTES
Escalon City Council
April 15, 2024
Mayor Pro Tem Hagan inquired what the percentage split of the project would be between Escalon, Ripon and SSJID. Mr. Waldrop responded that this project was solely Escalon’s responsibility as each jurisdiction had its own project as part of the adopted Groundwater Sustainability Plan. Mayor Pro Tem Hagan expressed his need to see project financing specifics to better understand the financial impact residents would bear.
Councilmember Engle inquired if the City was required to participate in the plan. Mr. Waldrop indicated that a commitment had been made when the Eastern San Joaquin Groundwater Subbasin Groundwater Sustainability Plan was approved by Council in 2019. Councilmember Engle inquired what the total amount to date had been spent on this project and Mr. Waldrop estimated that it had been between $350,000.00 and $400,000.00, but at least a large portion of that was covered by ARPA grant funds. Councilmember Engle asked Mr. Nakagawa what the alternatives to the SSJID Surface Water Project might be, then requested a comparison of the cost of the SSJID Surface Water Project versus the possible necessary upgrades needed in order to continue using our city wells instead.
Mayor Bellinger requested the total cost of the new Well 1a project to understand the cost of well water, as well as status of our current water system, including all wells, both open and closed, and how many we need to sustain water availability.
Councilmember Strohman expressed disappointment that there was not more information on financing and options included in the presentation. He was also concerned with how quickly the project costs seemed to escalate. Councilmember Strohman asked how much design time remained to get to construction. Mr. Waldrop responded that the remaining design effort would take less than six months, not including permits from the Department of Drinking Water, as well as to acquire the property for the Flow Control facility, which could take many months.
Interim City Manager French noted that the goal of the presentation was to respond to Council’s past questions to provide adequate information to determine if the City should pursue the SSJID Surface Water Project. He acknowledged that these are hard decisions without knowing all of the answers, but, that the first steps are determining if approach is in the best interest of the community. Mr. Waldrop confirmed that Ardurra’s grants team could provide detailed information on the available grants and loan programs available for the Council’s review.
Councilmember Strohman vocalized being discouraged by his experience last year with applying for the CPF grant because Ms. Romo submitted the application as requested, after Councilmember Strohman and Ms. Romo had a very encouraging conversation with Representative Harder’s office, and the money was instead awarded to City of Ripon, even though Escalon was much further along in the project process.
Mayor Bellinger opened the item for public comment.
Escalon resident, Kurt Danziger, wanted Ardurra held to the contract requirement to include financial details in the quarterly presentation. He also felt that the City should be getting more help with funding from SSJID, and that SSJID should be paying for the Flow Control facility, not the City. Finally, he agreed with Councilmember Engle’s request for other options to treat water, in case our wells could no longer meet quality standards, so that the City had flexibility and a contingency plan in place.
MINUTES
Escalon City Council
April 15, 2024
Escalon resident, Ed Alves, did not think there was enough transparency with the project and advised the council that they needed more information on funding before decisions could be made.
Mayor Bellinger closed the item for public comment.
Wastewater Treatment Plant (WWTP) Upgrade Project Update.
Alison Furuya of Blackwater Consulting Engineers presented an overview and status update of the WWTP Upgrade Project and the issues leading to project development.
Councilmember Strohman requested updated cost estimates for the project based on 2024 numbers as Ardurra had done for the SSJID Surface Water Project, but Ms. Furuya informed the City Council that the ultimate need of the project was in flux and therefore updated costs estimates were not available.
Councilmember Strohman also stressed the importance of getting a firm commitment from the industries in writing. Ms. Furuya explained that the City was in a negotiation with the industries currently to determine how they could reduce their loading, which would in turn reduce the project costs. Interim City Manager French added that the industries were going through the same iterative process that the City was, trying to determine what they could afford, and what they could do upfront to reduce costs, all of which takes time, but that progress continues to be made.
Councilmember Walker expressed concerns with the timeline and the impact to the project timeline if plans change based on industries’ improvements, while acknowledging that lowering the cost would be beneficial. She would also like to see a concrete proposal from the industries on how they think they can achieve that.
Mayor Bellinger was concerned with the residents bearing the full cost of improvements if the industries chose to close their Escalon plants, and wanted a commitment from the industries as soon as possible.
Mayor Pro Tem inquired how long it would take to get an agreement in writing with the industries once we heard back from the Regional Board.
Councilmember Engle requested a step-by-step timeline for the entire project, which Ms. Furuya provided.
Mayor Bellinger opened the item for public comment.
Mr. Danziger felt that the original violations were because of the industries and anything associated with that violation should be paid for by the industries. He also wanted to see minutes of the previous conversations with the industries, as well as financial details, included in the quarterly presentations.
Mayor Bellinger closed the item for public comment.
MINUTES
Escalon City Council
April 15, 2024
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 Meeting of April 1, 2024.
2. Approve the Register of Demands for April 15, 2024 in the amount of $297,440.47.
3. Adopt Resolution No. XX-24, Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for the Bellaterra Estates Landscape Maintenance District No. 01-1 for Fiscal Year 2024-25; and Resolution No. XX-24 for Preliminary Approval of the Engineer’s Report Regarding the Proposed Levy and Collection of Assessments for the Bellaterra Estates Landscape Maintenance District No. 01-1 for Fiscal Year 2024-25; and Resolution No. XX-24 Declaring the Intention to Levy and Collect the Annual Assessments for the Bellaterra Estates Landscape Maintenance District No. 06-1 for Fiscal Year 2024-25.
4. Adopt Resolution No. XX-24, Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for the Estates Benefit Assessment District No. 06-1 for Fiscal Year 2024-25; and Resolution No. XX-24 for Preliminary Approval of the Engineer’s Report Regarding the Proposed Levy and Collection of Assessments for the Estates Benefit Assessment District No. 06-1 for Fiscal Year 2024-25; and Resolution No. XX-24 Declaring the Intention to Levy and Collect the Annual Assessments for the Estates Benefit Assessment District No. 06-1 for Fiscal Year 2024-25.
5. Adopt Resolution No. XX-24 Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for the Estates Landscape and Lighting Maintenance District No. 06-1 for Fiscal Year 2024-25; and Resolution No. XX-24 for Preliminary Approval of the Engineer’s Report Regarding the Proposed Levy and Collection of Assessments for the Estates Landscape Maintenance District No. 06-1 for Fiscal Year 2024- 25; and Resolution No. XX-24 Declaring the Intention to Levy and Collect the Annual Assessments for the Estates Landscape Maintenance District No. 06-1 for Fiscal Year 2024-
25. 6. Adopt Resolution No. XX-24 Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for Sunrise Terrace Landscape Maintenance District No. 96-1 for Fiscal Year 2024-25; and Resolution No. XX-24 for Preliminary Approval of the Engineer’s Report Regarding the Proposed Levy and Collection of Assessments for Sunrise Terrace Landscape Maintenance District No. 96-1 for Fiscal Year 2024-25; and Resolution No. XX-24 Declaring the Intention to Levy and Collect the Annual Assessments for Sunrise Terrace Landscape Maintenance District No. 96-1 for Fiscal Year 2024-25.
7. Adopt Resolution No. XX-24 Initiating Proceedings for the Annual Levy of Assessments and Ordering the Preparation of Engineer’s Reports for Westwood Country Landscape
MINUTES
Escalon City Council
April 15, 2024
Maintenance District No. 02-1 for Fiscal Year 2024-25; and Resolution No. XX-24 for Preliminary Approval of the Engineer’s Report Regarding the Proposed Levy and Collection of Assessments for Westwood Country Landscape Maintenance District No. 02-1 for Fiscal Year 2024-25; and Resolution No. XX-24 Declaring the Intention to Levy and Collect the Annual Assessments for Westwood Country Landscape Maintenance District No. 02-1 for Fiscal Year 2024-25.
8. Award the Valdapena Way Waterline, ADA Ramps & Road Improvement Plan between Riesling Way & Sanchez Way to D.A. Wood Construction in the amount of $658,870.00.
9. Award the 2024 Pavement Restoration Project to American Pavement Systems, Inc in the amount of $341,672.09 and approve a change order request of $100,256.50 due to added project scope, for a grand total of $441,928.59.
10. Approve and Authorize the Surplus of Equipment and its Disposal in accordance with the City’s Surplus Policy.
Councilmember Strohman requested to pull items 8 and 10 for further discussion. He also noted that he would be abstaining from the vote on Item 1.
MOTION – It is moved/seconded by STROHMAN/HAGAN that items 1-7 and 9 of the consent calendar be approved as presented. Motion carried (5-0; STROHMAN Abstained on Item 1) MINUTE ORDER 23-24
Item 8 was pulled from the Consent Calendar for discussion. Councilmember Strohman requested that an overview of each project be given to the City Council prior to contract award.
Item 10 was pulled from the Consent Calendar. Councilmember Strohman asked for more details on the items being sold as surplus and what the process would look like, which Interim Chief of Police, Robert Hardgraves, provided.
MOTION – It is moved/seconded by STROHMAN/ENGLE that items 8 and 10 of the consent calendar be approved as presented. Motion carried (5-0;) MINUTE ORDER 24-24
STAFF COMMUNICATIONS & UPDATES
11. a. Treasurer’s Report for March
b. Police Department Report for March
c. Animal Control Report for March
d. Recreation March
e. Development Services Report for March
f. Public Works Report for March
g. Building Department Report for March
h. Water Department Report for March
i. Waste Water Treatment Plant Report for March
MINUTES
Escalon City Council
April 15, 2024
j. City Manager’s Report
Interim Chief Hardgraves explained recent changes to the Police Department monthly reporting.
Mayor Bellinger appreciated the changes made.
Public Works Superintendent/Manager Juston Collins informed the council that both city-owned orchards had been removed and ground down and Public Works was now working on a plan for maintenance and weed abatement.
MATTERS PRESENTED FROM THE AUDIENCE
The public may address the City Council on any item that is on the Agenda at the time the item is called. The public may also address the City Council on any item not on the Agenda that is within the subject matter of the City of Escalon. Each speaker is limited to a maximum of five (5) minutes. Unused time may not be yielded to another speaker. You may state your name and address for the record; however, it is not required. Due to state law, action will not be taken on an item that is not on the Agenda and except for brief responses, the Council is prohibited from discussing any item not on the agenda. If it requires action, it will be referred to staff and/or placed on a future Agenda. The determination of whether an item is within the subject matter of the City is a discretionary decision made by the Mayor.
Mr. Alves offered up an idea to trade properties with the railroad to ensure we maintain control of Main Street Park. He also suggested finding a way to recycle the water in our storm ponds rather than pumping it to the river. Mr. Alves also asked what the plan was for the orchards, now that they were clear, and congratulated Interim City Manager on his promotion. He commended the city council for their questions on the SSJID Surface Water Project and WWTP Upgrade Project and for continuing to gather information.
PUBLIC HEARINGS
12. Introduce and Waive First Reading to consider Ordinance No. xxx, establishing a Planned Development zone district (PD-3) for the development of an 18-unit senior living community at APN 227-320-320. CEQA Class 3 Categorical Exemption under Section 15332, Infill Development.
Interim City Manager French presented the staff report.
Mayor Bellinger inquired if the project had already met all of the conditions set by outside agencies and staff, which Interim City Manager French confirmed.
Councilmember Engle inquired about the project’s related traffic impacts. Interim City Manager French stated that a traffic analysis was completed by the applicant and that the project showed negligible traffic impacts. Councilmember Engle asked if the Traffic Calming Program would be the mechanism residents would use if traffic did become a concern in the future, which Interim City Manager French confirmed.
Mayor Bellinger opened the Public Hearing at 9:06 P.M.
MINUTES
Escalon City Council
April 15, 2024
Mr. Alves questioned the impact of the traffic stemming from adding 18 homes on the property.
Interim City Manager French confirmed that the traffic analysis indicated that the development would not unduly burden the streets or the residents in that area. Mr. Alves then asked about the development fees, which Interim City Manager French explained, as well as the impact on the water system. Finally, Mr. Alves inquired if the lighting in the development would affect the neighbors. Interim City Manager French responded that the Planning Commission had deemed that to not be an issue.
Mayor Bellinger closed the Public Hearing at 9:09 P.M.
The applicant, Jeff Sales, requested that Condition of Approval #6 (Community Facilities District (CFD)) be removed.
Discussion ensued regarding Condition #6 and what options the City Council had to remove that condition from the project approvals. City Attorney, Frank Splendorio, explained that the policy eventually adopted for CFDs would define whether or not it applied to this project, but city council could instruct staff to not implement that condition for this project at this time. Mr. Sales indicated he preferred to have the condition clear now, so that he could plan his budget.
MOTION – It is moved/seconded by STROHMAN/WALKER to place Ordinance No. xxx, establishing a Planned Development zone district (PD-3) for the development of an 18-unit senior living community at APN 227-320-320, on the May 6, 2024 Council meeting for consideration of the Second Reading and adoption, with instructions to staff not to implement a CFD on this project.
Motion carried (5-0;) MINUTE ORDER 25-24
ADMINISTRATIVE MATTERS
13. Authorize the City Manager to execute a Professional Services Agreement with Ardurrra Group, Inc. for five years with an option for a three-year extension, for Contract City Engineering Services, in an amount not to exceed $75,000.00 per year and $600,000.00 for the contract duration.
Interim City Manager French presented the staff report.
Councilmember Strohman thanked the council for postponing this item. He questioned the need for such a long contract, as a standard length Contract with the State was 3 years with two 1-year extensions. He also noted that the City paid Ardurra in excess of the stated $75,000.00 last year. He suggested, in an attempt to keep Ardurra focused and accountable, creating a set of tasks for each project and billing against that task amount. He was also surprised that staff did not consider further advertising for more bids, since only two bids were received by the deadline.
Mayor Bellinger thought it was smarter to keep the longer contract, so as to limit renegotiations and excessive fee increases.
Interim City Manager French explained that the listed $75,000.00 budget was what was billed towards the General Fund for general City Engineering Services including review of building permits and encroachment permits, development project applications and things like review of
MINUTES
Escalon City Council
April 15, 2024
Traffic Calming Program applications. Project-related tasks were billed to the specific projects, which have their own, outside, funding source. He also noted that a portion of the fees paid to Ardurra from the General Fund were offset by application fees. He further explained that, if the council desired to set limits, it would be best to set one limit for the General Fund for general City Engineering Services and a separate cap for all other project-related expenses.
MOTION – It is moved/seconded by HAGAN/ENGLE to Authorize the City Manager to execute a Professional Services Agreement with Ardurrra Group, Inc. for five years with an option for a threeyear extension, for Contract City Engineering Services, in an amount not to exceed $75,000.00 per year and $600,000.00 for the contract duration, as presented by staff. Motion carried (4-1; Nay - STROHMAN) MINUTE ORDER 26-24
14. Authorize the City Manager to execute a Professional Services Agreement with CSG Consultants, Inc. for two years with an option for three, one-year extensions, for Building Safety, Inspection and Fire Prevention and Plan Check Services, in an amount not to exceed $70,000.00 per year and $350,000.00 for the contract duration.
Interim City Manager French presented the staff report.
Councilmember Strohman thought it made sense to make the CSG contract length similar to the City Engineering Services and suggested it be a 5-year contract with an option for two 1-year extensions.
Mayor Pro Tem Hagan agreed with approving a longer contract term, given CSG’s history with the City. Crickett Brinkman, representative for CSG Consultants, welcomed the extended contract and thanked the council for their vote of confidence.
MOTION – It is moved/seconded by STROHMAN/WALKER to Authorize the City Manager to execute a Professional Services Agreement with CSG Consultants, Inc. for 5 years with an option for two 1-year extensions, for Building Safety, Inspection and Fire Prevention and Plan Check Services, in an amount not to exceed $70,000.00 per year and $490,000.00 for the contract duration, as modified by the council. Motion carried (5-0) MINUTE ORDER 27-24
COUNCIL COMMUNICATIONS & FUTURE AGENDA ITEMS
Councilmember Strohman thanked the public for attending the meeting, as well as Escalon Strong, Hogan Manufacturing and Escalon Small Animal Clinic for their support of the Escalon Recreation Program. He then encouraged everyone to drive safely, as there had been nine auto-related deaths in the recent past. He welcomed new Finance Director/HR Administrator Celinda Bickner to the team and applauded Interim City Manager French’s recent communication efforts to keep the council informed.
Councilmember Walker seconded Councilmember Strohman’s sentiments regarding the increase of communications from Interim City Manager French. She stated that she did not think CFDs should be implemented for projects currently in the planning or approval process. She also noted that the public should expect an increase in traffic due to the new development (River Walk) being proposed in Riverbank. She thanked everyone for their presentations at today’s meeting, but really wanted to see
MINUTES
Escalon City Council
April 15, 2024
more communication from the industries regarding the WWTP Upgrade. Finally, she thanked Public Works for all of their hard work making the Hogan-Ennis Fields look great this year.
Mayor Pro Tem Hagan thought staff was doing a great job at engaging well with the public, in a very non-toxic and productive way. He also welcome Ms. Bickner to the team.
Mayor Bellinger also appreciated staff’s recent efforts. He encouraged the public to come support the youth at Hogan-Ennis Fields on Saturdays and the Escalon Chamber of Commerce at the first Farmer’s Market of the season on Wednesday, April 17th.
CLOSED SESSION
15. Conference with Legal Counsel—Existing Litigation pursuant to Gov. Code Sec. 54956.9(d)(1): David Leer, et al. vs City of Escalon, et al.
This item was pulled from the agenda at the beginning of the meeting by Mayor Bellinger.
ADJOURNMENT
Mayor Bellinger adjourned the meeting at 9:53 pm.
Respectfully Submitted,
Jenny Thompson, Deputy City Clerk