ESCALON MINUTES
CALIFORNIA CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF SEPTEMBER 16, 2024
STEPPING STO
TO CENTRA
City Council Chambers, 2060 McHenry Avenue -7:00 P.M.
INCORPORATED MARCH 12, 1957
Beginning Resolution No. 42-24
Beginning Ordinance No. 597
Beginning Minute Order No. 49-24
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
Diana Trejo, Assistant Planner
Celinda Bickner, Finance Director/HR Administrator (FDHRA) Robert Hardgraves, Chief of Police
Juston Collins, Public Works Superintendent/Manager (PWSM) Frank Splendorio, City Attorney
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 August 19, 2024
2. Approve the Register of Demands for September 16, 2024 in the amount of $1,357,778.43
3. Adopt Resolution 42-24 Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974
4. Accept the Crossroads Plaza Sidewalk Repair Project and Authorize the Deputy City Clerk to File the Notice of Completion
5. Adopt Resolution 43-24 Authorizing Submittal of Application and Acceptance of Grant Funding for the Bureau of Reclamation's Watersmart Drought Response Program: Drought Resiliency Projects for Fiscal Year 2025 for the City of Escalon Connection to Nick DeGroot Water Treatment Plant Project
MOTION - It is moved/seconded by STROHMAN/HAGAN that items 1-5 of the consent calendar be approved as presented. Motion carried (5-0) MINUTE ORDER 49-24
STAFF COMMUNICATIONS & UPDATES
August Staff Updates
MINUTES
Escalon City Council
September 16, 2024
a. Treasurer's Report for August
b. Police Department Report for August
c. Animal Control Report for August
d. Recreation Department Report for August
e. Development Services Report for August
f. Public Works Report for August
g. Building Department Report for August
h. Water Department Report for August
i. Waste Water Treatment Plant Report for August
j. Quarterly SJCOG Citizens Advisory Committee (CAC) Report k. City Manager's Report (verbal)
FDHRA, Celinda Bickner noted that the register of demands included the full month as the last City Council meeting was canceled and therefore the prior register of demands was not approved.
Chief of Police, Robert Hardgraves notified the Council that the police officer recruitment had been extended, and provided an update on Oakdale Animal Shelter's approach with feral cats and euthanasia.
PWSM, Juston Collins provided updates on the Carignane Lift Station and Crossroads Plaza sidewalk project.
Interim City Manager French informed the Council that:
The FY 22-23 Audit would likely be before them for acceptance by October 7h Council meeting.
- The recruitment for the Administrative Assistant position was underway and that we had received strong interest thus far.
- The proposed Constitution training was being discussed with the labor units per the discussion at the prior Council meeting.
- The recently approved Fire 2+2 meetings would start after the new year as both Board and Council are in election season.
- The Baseball/Softball concept workshop was held recently and that the next step would be to take the item to the Recreation Commission and then to the City Council.
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 Kurt Danziger inquired about the status of the Murphy Ranch Project.
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Escalon City Counci
September 16, 2024
Interim City Manager French indicated it was staff's desire to hold a workshop with the community prior to any City decisions have been made and noted that City staff is coordinating with the applicant on this approach, who desired to hold the meeting after they have finalizing their application submittal.
ADMINISTRATIVE MATTERS
7. Introduce the Received Proposals from the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals and Seek Direction on Next Steps in the Selection Process
Interim City Manager French presented the staff report and introduced John Morriss from Spark Alliance, who assisted in preparing and managing the RFP.
Councilmember Engle inquired about the benefits of the T-Mobile option for local businesses, wondering if it would help expand business options in the City.
John Morriss explained that all businesses would have access to a wireless option, which is particularly helpful for those without wired options, which is common in rural areas. It would also enable business to increase their speed options and provide competitive options that drive down prices, making the internet more affordable.
Mayor Bellinger inquired about the $25,000 cost associated with T-Mobile. To which Interim City Manager French stated it was the cost to connect to T-Mobile's system.
Mayor Pro Tem Hagan asked about the service level difference between T-Mobile and Ayera/EzWave.
John Morriss explained that T-Mobile is a competitive and robust Tier 1 option, while Tier 2 options like Ayera/EzWave may offer comparable technology, they may not be as scaled and robust and could coverage and redundancy.
Mayor Pro Tem Hagan further questioned the differences between the large and small providers. John Morriss highlighted that while performance might be similar when the technology runs, Tier 1 options like T-Mobile offer greater redundancy and reliability, with multiple towers and devices to maintain coverage even if one tower goes offline. Tier 2 options not have that level of redundancy.
Councilmember Engle confirmed that up and down speeds are the same across proposals.
Mayor Bellinger sought confirmation that the "City as an ISP" model would utilize an enterprise fund, and that revenue would not go to the General Fund and therefore expressed skepticism about its viability as an option due to its inability to benefit the City financially.
Mayor Pro Tem Hagan agreed with the Mayor's assessment on the City as an ISP option. As did Councilmember Engle, who believed that due to the upfront cost, this option did not make sense for the city at this time.
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Escalon City Council
September 16, 2024
Councilmember Walker pointed out that revenue in an enterprise fund could cover technology costs for city facilities and contribute to covering some costs for the Police Department and Public Works.
Interim City Manager French mentioned in determining benefits of the City as an ISP option, some could consider the social benefit of offering low-cost internet to residents as a benefit.
Councilmember Walker acknowledged the potential future benefit but did not consider it a current option. She preferred City control over the price structure and independence from corporate control.
Mayor Pro Tem Hagan preferred the no-cost option and suggested that City staff further investigation any potential cost-sharing model with the local providers.
Councilmember Walker sought confirmation that any revenue sharing with EzWave or Ayera would go to the General Fund, not an enterprise fund. This was confirmed.
Mayor Bellinger preferred supporting local businesses and inquired about the ability to withdraw if dissatisfied with the service. Councilmember Strohman also asked about the City's ability to end an agreement. Interim City Manager French explained that these were initial proposals and that any agreement would still needed to be negotiated and then approved by Council. The Council, at this meeting, could provide direction on specific terms they desired in a future agreement.
Councilmember Strohman inquired about which option would provide the city with the best technology into the future, considering the rapid pace of technological change. John Morriss assured that the RFP and the future agreement would require, to the greatest extent possible, each company to maintain its infrastructure and meet specific performance metrics for a particular class of service.
Councilmember Strohman asked if the city could consider other national companies besides T-Mobile.
City Attorney Frank Splendorio confirmed they could, but it would necessitate soliciting RFPs from those companies to obtain quotes and comparisons.
John Morriss mentioned the concept of Community Broadband, in which municipalities and schools cooperate to provide internet access to the community.
Councilmember Strohman suggested exploring whether other agencies would be interested in joining such an endeavor.
Mayor Bellinger inquired about required tower height. John Morriss explained that this varied depending on existing coverage and the technology utilized.
Councilmember Engle asked if it would be feasible to eliminate cellular service and rely solely on wireless internet, which he saw as a potential source of savings to the City. John Morriss acknowledged the potential for such a transition.
The item was then opened for public comments.
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Escalon City Counci
September 16, 2024
Escalon resident Cody Fowler clarified specifications with the consultant, and highlighted Ayera's advantage of having access to multiple providers. He also shared a negative experience working with EzWave. Mr. Fowler emphasized the need for redundancy and separate networks regardless of the chosen provider.
Escalon resident Sherry Hill expressed concerns about T-Mobile's being too large and impersonal, anticipating worse customer service than a local company.
City Attorney Frank Splendorio reviewed the Councilmembers positions and confirmed that the majority direction is to explore the two no cost/no monthly rate proposals from EzWave and Ayera.
8. Agenda Item Request - City Councilmember: Request to Explore Possibility of Installing Restroom in City Park
Interim City Manager French provided the presentation, which included potential location options and outline costs to install a new restroom at an existing park.
Councilmember Walker mentioned a grant used for the Hogan Park bathroom and suggested exploring similar funding for this project.
Mayor Bellinger appreciated the idea, but strongly felt it was not viable at this time due to the City's financial position and encouraged the Council to not proceed.
Councilmember Walker agreed about the funding issue but wanted to continue researching funding options to address overcrowding in recreational areas. She expressed concerns about Shadowood Park's suitability as a recreation option.
Mayor Pro Tem Hagan supported the idea but acknowledged the funding constraints. He inquired about any concerns from Public Works or the Police Department regarding restrooms.
PWSM Juston Collins and Chief of Police Robert Hardgraves indicated no significant issues.
Councilmember Strohman suggested exploring funding options beyond the General Fund and inquired about possibly requiring Murphy Ranch to install a bathroom in a different park as part of their development agreement.
City Attorney Frank Splendorio explained the limitations of imposing such requirements on Murphy Ranch due to nexus obligations.
Interim City Manager French indicated that the project would include a Development Agreement and that the Development Agreement provided more flexibility. He further stated that staff is currently requesting the installation of a restroom in the to be expanded Shadowood Park as part of the Murphy Ranch development, should that project be approved.
Councilmember Strohman suggested exploring non-modular options for the bathroom.
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Escalon City Council
September 16, 2024
Councilmember Walker mentioned ongoing efforts to address water fountain issues in other parks to facilitate hosting games at those locations.
Councilmember Engle inquired about the possibility of using portable toilets in other parks to enable hosting games there.
Escalon resident Kurt Danziger opposed the restroom due to cost concerns and potential issues with misuse, and maintenance challenges. He suggested not using further staff time for this project.
It was the consensus of Council to not move forward on this item at this time, but that staff would explore outside funding options.
COUNCIL COMMUNICATIONS
Councilmember Strohman attended the 9/11 Remembrance at the Escalon Fire District, acknowledge what he heard was a successful car show, and congratulated the Lions Club and the American Legion on their successful breakfast.
Councilmember Walker thanked the IT Consultant for his work on the wireless internet RFP.
Councilmember Engle hoped for a smooth and clean election season.
Mayor Pro Tem Hagan suggested the idea of dedicating the B field as Greg Largent Field, and to add this to a future Council agenda. He then commended the Lions Club for the successful car show.
Council provided a consensus to add the field dedication item to a future agenda.
Mayor Bellinger appreciated the before-and-after pictures for the sidewalk project and desired to see this be the approach for all future projects. He then acknowledged the success of the breakfast and the car show.
CLOSED SESSION
9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Gov. Code Sec. 54956.9(d)(1))
David Leer, et al. vs City of Escalon, et al.
10. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec. 54957)
Title: City Manager
11. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code Sec. 54957) Agency Negotiator: Mayor Bellinger
Unrepresented Employee: City Manager
12. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957) Title: Interim City Manager
MINUTES
Escalon City Council
September 16, 2024
There was no reportable action.
ADJOURNMENT
Mayor Bellinger adjourned the meeting at 10:00 pm.
Respecttull) Submitted,
Jule
Jaylen French, Cily Clerk
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