MINUTES
CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF AUGUST 5, 2024
City Council Chambers, 2060 McHenry Avenue -7:00 P.M.
Beginning Resolution No. 41-24
Beginning Ordinance No. 597
Beginning Minute Order No. 41-24
PRESENT: Mayor David Bellinger
Mayor Pro Tem Andrew Thomas Hagan
Councilmember Jeremy Engle (via GoTo, per AB 2449)
Councilmember Malinda Walker
Councilmember Shawn Strohman
STAFF PRESENT: Jaylen French, Interim City Manager
Jenny Thompson, Deputy City Clerk
Celinda Bickner, Finance Director/HR Administrator (FDHRA) Robert Hardgraves, Chief of Police
Juston Collins, Public Works Superintendent/Manager (PWSM) Frank Splendorio, City Attorney
Mayor Bellinger noted that Councilmember Engle would be joining the meeting remotely, as allowed by AB 2449, and as such, all votes would be taken as a roll call vote during the meeting.
Councilmember Engle noted he was participating remotely due to a contagious illness that prevents in-person attendance and that there were no other adult individuals in the room with him during the meeting.
CONSENT CALENDAR
These items are considered routine in nature and are acted upon by a single action unless requested by an individual Council Member or member of the public for special consideration.
1. Approve the Minutes from the Meeting of July 15, 2024.
2. Approve the Register of Demands for August 5, 2024 in the amount of $643,414.12.
3. Adopt Resolution XX-24 Approving Participation in the San Joaquin Regional Housing Fund.
4. Approve the Escalon Police Department’s Continued Involvement in the Law Enforcement Support Office (LESO) Program.
5. Adopt Resolution XX-24 Authorizing the City Manager to Sign and File an Updated Construction Application for Funding for the Well 1A Improvement Project.
6. Authorize the Interim City Manager to Execute a Transit Advertising Agreement with Valley Outdoor Advertising.
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Mayor Pro Tem Hagan and Councilmember Strohman requested to pull item 3, Councilmember Strohman requested to pull item 1, and resident Kurt Danziger requested to pull item 5.
MOTION – It is moved/seconded by STROHMAN/WALKER that items 2,4 and 6 of the consent calendar be approved as presented. Motion carried (5-0) MINUTE ORDER 41-24 Item 3 was pulled from the Consent Calendar for discussion. Mayor Pro Tem Hagan suggested moving the item to a future agenda so that it could be thoroughly examined. Councilmember Strohman did not feel like Escalon should be participating at all, as there could be a negative fiscal impact to the City. Mayor Bellinger did not think the item should be disregarded completely, and agreed with Mayor Pro Tem Hagan that it might be best to postpone the item.
MOTION – It is moved/seconded by HAGAN/WALKER that item 3 of the consent calendar be moved to a future agenda of undetermined date. Motion carried (4-1; Strohman Nay) MINUTE ORDER 42-24
Item 1 was pulled from the Consent Calendar for discussion. Councilmember Strohman made a point of clarification on page 5 of the meeting minutes, noting that $1.95 million is the total amount of sales tax that would be generated if the sales tax measure passes, not the additional sales tax the measure would produce.
MOTION – It is moved/seconded by STROHMAN/HAGAN that item 1 of the consent calendar be approved as presented. Motion carried (5-0) MINUTE ORDER 43-24 Item 5 was pulled from the Consent Calendar for discussion. Escalon resident, Kurt Danziger, inquired if there was adequate money to repay the new proposed loan amount, which Interim City Manager, Jaylen French, confirmed. Mr. Danziger felt that there could have been additional information in the staff report to make the item more clear, and encouraged the council to delay the item to get more information before making a decision.
MOTION – It is moved/seconded by BELLINGER/HAGAN that item 5 of the consent calendar be approved as presented. Motion carried (4-1; Strohman Nay) MINUTE ORDER 44-24
STAFF COMMUNICATIONS & UPDATES
7. Quarterly Update from the Escalon Representative on the Commission on Aging.
Elsa Sandoval, Escalon Representative on the Commission on Aging, provided an update on programs going on in the city, including Lunch & Learns and El Concilio putting on training on computer use for seniors, during which a free chrome book is provided to each registrant.
8. South San Joaquin Irrigation District (SSJID) Surface Water Treatment Project Financing Presentation.
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Bradley Waldrop of Ardurra Group provided a presentation on potential funding and financing options for the proposed Surface Water Treatment Distribution Project. The presentation outlined the current cost to replace, and lifespan of, the city’s existing well system, as well as a detailed overview of the current funds allocated to this project and the funding and financing options available to the City to make up the remainder of the project. These options included a low-interest loan and two grant opportunities. Interim City Manager French also informed the council that he had received confirmation that the City of Escalon had been awarded a $1.1 million Community Project Funding grant through Representative Josh Harder’s Office.
Councilmember Strohman commended Mr. Waldrop and staff for their work on the presentation and felt it gave the council important information so they could have an honest conversation. Mayor Pro Tem Hagan agreed.
Mayor Bellinger opened the item for public comment.
Mr. Danziger thought the funding collected to date for the SSJID Surface Water Treatment project was inflated, as he was of the understanding that the last rate increase was only for the Well #1A project, and that a new rate study and related increase would be required for this project.
Mayor Bellinger closed the item for public comment.
Councilmember Strohman cautioned the council that the more time that passed, the higher inflation costs could be. Councilmember Walker was excited about the grant opportunities.
The Council directed staff to apply for the Federal Drought Resiliency grant opportunity, and recognized that the City had an estimated 40% chance of being successful.
Chief of Police, Robert Hardgraves, gave an update on the Police Department, noting there was an opening for a full-time officer. He also notified the council that the department had participated in their first Healthy Room Project, funded by the Healthy Room Project organization, on August 2nd, with several officers, staff and other volunteers helping. He thanked Modesto Police Detective, Sean Dodge, and Councilmember Strohman for bringing the program to Escalon.
Mayor Pro Tem Hagan inquired with FDHRA, Celinda Bickner, if there had been any changes in the investments or any movement regarding the PERS Unfunded Liability. FDHRA Bickner confirmed that the invested funds that had previously been losing money had been moved to Oak Valley Bank, who had given them a rate increase, as well as other investment strategies that were still in their infancy. She also noted that she is preparing a 10-year payoff plan for the Unfunded Liability, which could save the City significant money. Interim City Manager French noted that they hoped to present that plan to the City Council in the next couple of months.
PWSM, Juston Collins, updated the council on the several projects under construction in the city, noting that the Phase 2 Sewer Project would be complete this week; the Escalon Avenue Pedestrian Crossing Project was approximately 50% complete and should be completed by the end of August; and the Crossroads Plaza Sidewalk Replacement Project was about 75% complete, with only
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landscaping left. He also explained that the Carignane Lift Station Project was nearly 50% complete, but that one lane would be open to help with back-to-school traffic.
PWSM Collins reminded the public that tomorrow was National Night Out, with nine stops planned for the evening.
Interim City Manager French announced that the City had a recreation assistant position open, primarily to help on game days during the recreation seasons, because one staff member could not cover the approximately 12 hours days this year due to the nearly 900 kids registered for soccer. He also noted that the resident’s comment on staff report clarity was appreciated, as the goal of each staff report is to make clear to the public the business of the city. Finally, he informed the council that the Waste Water Treatment Plant (WWTP) had received a clear report from State compliance and that staff would be working with State permitting next on the WWTP upgrade project. The goal is to develop a project that meets the state goals and objectives and is more affordable to the Escalon rate payers.
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.
Escalon resident, Betty Bennett, informed the council that the Murphy Ranch property had caught on fire recently, getting very close to her home. She requested that something be done about the high grass and weeds there, as well as at the property at Irwin and California.
Sean Dodge, Detective for the Modesto Police Department, thanked the Escalon Police Department for bringing the Healthy Room Project, a non-profit organization that Detective Dodge helped bring to the Central Valley, to the City of Escalon. He then played a video from the recent room makeover done for an Escalon student.
Mr. Danziger asked for an update on the Cease and Desist Order at the WWTP, which Interim City Manager French provided. He also suggested that the industries should be paying for their own infrastructure and discharge treatment. Finally, he would like to see the individual councilmembers actively supporting Measure P. He would also be willing to give a donation to the City towards the creation of yard signs in support of the sales tax measure.
Escalon resident, Gabriella Vargas, inquired if residents could get more detailed information on the Register of Demands, which FDHRA Bickner and City Attorney, Frank Splendorio, confirmed. Ms. Vargas also inquired if the city was accounting for the closing of businesses when calculating the amount of sales tax the upcoming Measure P was scheduled to bring in, or encouraging other businesses to come in. She questioned if there was a specific amount of Measure P funds earmarked for law enforcement. City Attorney Splendorio, explained that, for a general sales tax measure, the funds could not be designated for specific purposes, but rather must go
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into the General Fund. Specific allocations could be done through the yearly budgeting process. Finally, Ms.
Vargas thanked the Escalon Chamber of Commerce for everything they do.
Escalon resident, Danny Fox, informed the council that Jetty Hartgrove, whose 104th birthday had recently been celebrated by the community, had fallen and broken her hip, requiring surgery to replace it. He encouraged the community to reach out to her and offered to provide her contact information for anyone who wanted it.
ADMINISTRATIVE MATTERS
9. American Red Cross Use Agreement Contract Discussion and Direction Councilmember Strohman, in full disclosure, noted that he had previously served as an American Red Cross volunteer.
Three members of the American Red Cross, including John Ruiz, Regional Disaster Officer, were in attendance to answer questions. Mayor Pro Tem Hagan expressed concerns with possible abuse through the use of the Escalon Community Center and asked Mr. Ruiz if the American Red Cross would allow the City Attorney to modify the Agreement to ensure full protection of the community.
Mr. Ruiz explained that any subsequent use would require a further agreement and that the initial agreement is primarily for contact information of the 24-hour representative of the City. He confirmed that any changes to the agreement would be brought before the American Red Cross general counsel for consideration. City Attorney Splendorio advised that the City tried to make changes to the agreement previously and were denied by the American Red Cross.
Councilmember Engle inquired if the American Red Cross was slated to receive any of the funding pledged to address homeless encampments. Mr. Ruiz indicated they were not. He explained that the American Red Cross can support communities with materials and training, but they do not run homeless shelters. He made it clear that, during a disaster, the Red Cross will provide shelter to anyone affected, regardless of status.
Councilmember Walker expressed concerns with the lack of definitions accompanying the agreement, making it too open to interpretation. She was also worried about the chance that the State or County could come in and force the City to use their property as a shelter.
Mayor Bellinger opened this item for public comment.
Escalon resident, Sherry Hill, spoke against having a signed agreement with American Red Cross.
Ms. Vargas felt that the council was showing a lack of humanity and thought it was disgraceful that we would not be willing to help others in need.
Councilmember Strohman stated that, based on his personal experience, he saw the American Red Cross as a humanitarian organization, not a political organization, and he felt that members of the council were making this a political issue. Mayor Pro Tem Hagan disagreed with that statement and felt that the issue at hand was having the power to make decisions for the good of the City remain in
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the City’s hands.
Mayor Bellinger closed the item for public comment.
MOTION – It is moved/seconded by HAGAN/WALKER to sunset the current agreement with American Red Cross and ensure the American Red Cross has updated contact information in case of an emergency. Motion carried (4-1; Strohman Nay) MINUTE ORDER 45-24 Councilmember Engle asked for a brief recess. Mayor Bellinger paused the meeting at 9:16pm.
Mayor Bellinger resumed the meeting at 9:23pm.
10. San Joaquin County District Attorney’s Office Asset Forfeiture Grant (Agenda Item Request Continued)
Interim City Manager French presented the staff report. Councilmember Strohman noted that the Healthy Room Project organization covered the costs of the first Project. He then proposed setting aside $10,000 to 15,000 for future Healthy Room Projects and set the remaining money aside for non-sports programming, noting he had reached out to Hutton’s Hamlet about starting an afterschool drama program and offering guitar or piano lessons, and to Oliva Dawn Candles about doing a candle-making workshop for kids.
Further discussion ensued.
Councilmember Engle expressed concerns committing that much money towards a non-profit organization that did not have a lot of information available. He liked a lot of the ideas that had been talked about, but thought it would be best to survey junior high and high school kids about what programs they would like to see offered.
When asked, Chief Hardgraves indicated he envisioned the Police Department completing four Healthy Room Projects a year.
Mayor Bellinger opened this item for public comment.
Ms. Sandoval suggested working with the schools directly to figure out which programs have been cut that the kids seemed to enjoy, but encouraged the council to secure the funds first.
Ms. Vargas liked the idea of the Healthy Room Project. She also asked the council to strongly consider children who do not play sports, as well as think about things kids of all ages can do. She also thought there were opportunities to help kids in other ways, such as providing new gym clothes and shoes for school or other school-related fees or supplies.
Mayor Bellinger closed the item for public comment.
Councilmember Strohman thought it would be helpful to bring the item up during the next 2 by 2
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meeting with the school district, and thought it was also important to think of the kids of Escalon who were not part of the school district. It was the consensus of the council to start the conversation with the school district at the next 2 by 2 meeting and implement a form of surveying or input gathering.
Councilmember Strohman thanked Chief Hardgraves, Officer Harrison, the Escalon Police Department and Detective Dodge for a great first Healthy Room Project.
11. Agenda Item Request – Fee Dismissal for Senior Yoga Program Councilmember Strohman presented the idea of a senior yoga program that would be offered at the Escalon Community Center on Wednesday and Friday mornings, and asked the council to waive the 25% fee the city normally collects from contracted programs. He noted that the program would be offered at no set fee for the seniors, but rather a free-will offering, where seniors would pay what they could.
It was the consensus of the council to have the instructors go through the typical process to consider a contracted recreation offering.
COUNCIL COMMUNICATIONS
Councilmember Strohman reminded everyone about National Night Out tomorrow and wished everyone good luck on the first day of school on Thursday. He also sent Get Well wishes to Ms.
Hartgrove and Councilmember Engle.
Councilmember Walker noted that the sales tax measure was officially Measure P, and that there were informative documents available on the City of Escalon website. Councilmember Walker also reminded the public that there were two open positions currently, one for a police officer and one for a recreation assistant. She was very excited for the number of kids participating in soccer this year.
She also asked if a bathroom could be added to another park in town so recreation games could be split between different sites. She received a consensus from council to bring that item to a future agenda. Councilmember Walker then thanked Chief Hardgraves for bringing the Healthy Room Project to the City of Escalon. She noted that, historically, events for children and families have been put on by volunteer community members, so she encouraged people who desire to see different events in town to volunteer if they have time.
Mayor Pro Tem Hagan also encouraged people to volunteer where they could. He complemented staff on all of their work lately, commended Chief Hardgraves for a job well done on the Healthy Room Project, and expressed appreciation towards FDHRA Bickner for her recent efforts. Finally, he encouraged the public to sign up to be a poll worker for the upcoming election.
Mayor Bellinger spoke of the need to watch for kids while driving and to drive safely, now that school would be back in session.
CLOSED SESSION
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12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 17341 S Escalon Bellota Rd
Agency negotiator: Jaylen French, Interim City Manager
Under negotiation: Price and Terms of Payment
13. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Section 54956.9(d)(2): 1 case The council adjourned to closed session at 10:10 pm.
The council returned from closed session at 10:43 pm.
There were no reportable actions taken.
ADJOURNMENT
Mayor Bellinger adjourned the meeting at 10:43 pm.
Respectfully Submitted,
Jenny Thompson, Deputy City Clerk