ESCALON
CALIFORNIA AGENDA
CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF JANUARY 6, 2025
TO CENTE
CALIFO
INCORPORATED MARCH 12, 1951 City Council Chambers, 2060 McHenry Avenue - 7:00 P.M.
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Beginning Ordinance No. 599
Beginning Minute Order No. 01-25
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CALL TO ORDER Mayor Andrew Hagan
PLEDGE OF ALLEGIANCE Mayor Andrew Hagan
ROLL CALL Mayor Andrew Hagan
Mayor Pro Tem Malinda Walker
Councilmember Jeremy Engle
Councilmember Shawn Strohman
Councilmember Jeff Kay
NOTE: All cell phones, pagers and similar devices need to be set on silent or vibrate mode or turned off unless you are an on-duty emergency responder.
PRESENTATIONS
None
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 December 16, 2024
2. Waive the Second Reading and Consider Adoption of Ordinance No. XXX, Amending Chapter 2.17 in Title 2 of the Escalon Municipal Code - Recreation Commission Waive the Second Reading and Consider Adoption of Ordinance No. XXX Amending Escalon Municipal Code Chapter 17.41.140 Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in California State Law; and Finding the Action to be Statutorily Exempt from CEQA under Section 21080.17 of the Public Resources Code
STAFF COMMUNICATIONS & UPDATES
None
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.
PUBLIC HEARINGS
None
ADMINISTRATIVE MATTERS
4. Consideration of Agreement with Ayera Technologies, Inc, for the Installation and Managed Operations of Wireless Networking Internet Services Backbone Service
5. Counci Commovies andor Commist of Councilmember to the Established City of Escalon
COUNCIL COMMUNICATIONS
CLOSED SESSION
None
ADJOURNMENT
LEVINE ACT PUBLIC PARTY/APPLICANT DISCLOSURE OBLIGATIONS:
Applicants, parties, and their agents who have made campaign contributions totaling more than $250 (aggregated) to a Councilmember over the past 12 months, must publicly disclose that fact for the official record of that agenda item. Disclosures must include the amount of the campaign contribution aggregated, and the name(s) of the campaign contributor (s) and Councilmembers). The disclosure may be made either in writing to the City Clerk prior to the agenda item consideration, or by verbal disclosure at the time of the agenda item consideration.
The foregoing statements do not constitute legal advice, nor a recitation of all legal requirements and obligations of parties/applicants and their agents. Parties and agents are urged to consult with their own legal counsel regarding the requirements of the law.
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 2060 McHenry Avenue. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this Agenda.
DECLARATION OF POSTING
1, Michele Bates, Deputy City Clerk, certify under penalty of perjury, under the State of California, that the Escalon City Council Agenda for the Meeting of January 6, 2025 was posted 72 hours prior to the meeting in accordance with the Ralph M. Brown Act, in the area designated below on Thursday, January 2, 2025.
Escalon City Hall City of Escalon Website
2060 McHenry Avenue www.cityofescalon.org
Escalon, CA 95320
Dated: Thursday, January 2, 2025 Michele Bates
Michele Bates, Deputy City Clerk
ESCALON ITEM NO.
1 CALIFORNIA
COUNCIL AGENDA ITEM
FOR DECEMBER 16, 2024
Prepared By: Michele Bates, Deputy City Clerk
Date: January 6, 2025
Subject: Review and Approve the Minutes
Recommendation:
Approve the Minutes from the Meeting of December 16, 2024
ESCALON MINUTES
CALIFORNIA CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF DECEMBER 16, 2024
STEPPING
10 CENTRA
City Council Chambers, 2060 McHenry Avenue -7:00 P.M.
INCORPORATED MARCH 12, 1957
Beginning Resolution No. 50-24
Beginning Ordinance No. 598
Beginning Minute Order No. 69-24
CALL TO ORDER Mayor Hagan at 7:00 p.m.
A. Flag Salute
B. Roll Call
PRESENT: Mayor Andrew Hagan
Mayor Pro Tem Malinda Walker
Councilmember Jeremey Engle
Councilmember Shawn Strohman
Councilmember Jeff Kay
STAFF PRESENT: Jaylen French, City Manager
Celinda Bickner, Finance Director/HR Administrator
Juston Collins, Public Works Superintendent
Robert Hardgraves, Chief of Police
Frank Splendorio, Attorney
Michele Bates, Deputy City Clerk
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 Special Meeting of December 9, 2024
2. Approve the Register of Demands for December 16, 2024 in the amount of $114,098.81
3. Consider Final Acceptance of the St. Clair Waterline Project and Authorize the Deputy City Clerk to File the Notice of Completion
4. Consider Final Acceptance of the Escalon Avenue Pedestrian Project and Authorize the Deputy City Clerk to File the Notice of Completion
5. Consideration of Awarding the Dent Elementary Area Sidewalk Infill Project to Taylor Backhoe Services, Inc.
6. Consideration of Appointing Applicant as the Escalon Representative to the San Joaquin County Mosquito Vector Control Board for a Four Year Term
7. Consideration of Appointing Applicant as the Escalon Representative to the San Joaquin Council of Governments' Citizen Advisory Committee for a Four-Year Term Mayor Hagan introduced the consent calendar, which includes routine items acted upon by a single action.
MOTION - It is m/s by STROHMAN/WALKER that items 1 - 7 of the consent calendar be approved as presented. Motion carried 5-0. MINUTE ORDER 67-24.
STAFF COMMUNICATIONS
8. December Staff Updates
a. Treasurer's Report for October and November
b. Police Department Report for October and November
c. Animal Control Report for October and November
d. Recreation Department Report for October and November e. Development Services Report for October and November f. Public Works Report for October and November
g. Building Department Report for October and November
h. Water Department Report for October and November
i. Waste Water Treatment Plant Report for October and November j. City Manager's Report (verbal)
FDHRA, Celinda Bickner noted that they have been working with onboarding new auditors and the payroll processor is coming along nicely. She presented the October and November treasurer's report.
Chief of Police, Robert Hardgraves noted that November was fairly a slow month. Currently there are two police officers in the background process for the full-time and reserve positions. Last month Officer Palomino led the department in arrests and citations. He thanked Ms. Sandoval on behalf of Escalon Strong, for providing the department with treats.
PWSW Juston Collins wanted to remind everyone that the City of Escalon does not have a leaf pickup program and reminded the community to put their leaves in the green waste cans. He also gave his PW crew recognition for handling the storms recently and working hard to prevent flooding in the streets. He then presented a slide regarding the completion of the St. Clair Waterline Project and the Escalon Pedestrian Crossing Project.
Councilmember Strohman asked PWSW Collins about the project in front of Trinity Church and was told that CT Brayton is adding on to their building. It is a private project and not through the City. Strohman asked about the roadwork by PG&E last week and PWSW Collins informed the Council that PG&E was working on their main line and metering to upgrade their infrastructure.
Strohman's last question was about the Dent Elementary Sidewalk project and his concerns about starting in the rainy season. PWSW Collins and CM French informed him that the project will probably begin after the new year. There is a pre-construction meeting next week and more information will be available.
CM French informed that Gilton will no longer be providing street sweeping services for the City of Escalon after the New Year. The City is working diligently to find a new service and has reached out to private providers and other cities who are also impacted by Gilton. The City does have their own service, which could be used in the interim.
CM French noted that Hogan Park will close temporarily for upkeep to get the fields healthy again.
Aeration and fertilization will be happening soon along with other prep work that needs to be done.
MATTERS PRESENTED FROM THE AUDIENCE
Ms. Vargas asked if there was an emergency number the community could call if there was flooding because of clogged street drains. PWSW Collins provided a 24 hour disptach number that can be called for emergency purposes. She also asked about the new cross-walk at the high school and asked if it flashes on the road and sign. Collins noted that it only flashes on the signs.
Mr. Haskin made a comment about the leaves and asked if there was some way to get communication out to the community about not blowing their leaves into the street so it helps with drainage during bad weather.
Natalie Gallegos spoke of concerns she had with the community workshop regarding the Murphy Ranch Project with Florsheim Homes. She felt that Florsheim was not prepared and was unable to answer most questions that the community had. She was informed that staff is preparing a report to submit to the Planning Commission and questions would be answered though that meeting. She asked for another community meeting regarding the traffic issues, mostly about Brennan and Highway 120. She likes the development but not the way it has been communicated to the community. She feels there are many issues that need to be addressed. She is worried that residents are not notified of planning until it gets to site and architecture. She did speak with CM French regarding the application process and was appreciative of his time in explaining how it works.
CM French responded that he appreciates her input and concerns from the residents are important.
The City will incorporate those into the review of the application and the Planning Commission deliberations. He does recognize the request to have a planning level workshop prior to going before the approving bodies.
Councilmember Strohman asked how they could get information out to the constituents to let them know that their concerns have been heard and how those concerns will be addressed.
City Attorney Splendorio addressed the Council that this item was not on the agenda and only open for public comment and something to be discussed at a later time.
Ms. Vargas first wanted to thank Officer Geck for patrolling First Street and being so visible. She had concerns about safety at the Christmas parade and asked if some sort of barricade could be on the sidelines blocking children from entering the flow of the parade. She is afraid someone is going to get hurt. She loves this event but wants to keep everyone safe.
She also spoke of the tornado that hit Scotts Valley and wanted to know where she could find the City's natural disaster plan. She understands there is not a contract with Red Cross and knows they are nonprofit and not a government agency and has a right to tell us what to do in case of an emergency. She wanted to know if the City has a backup plan.
She also had concerns about the cross-walk on First Street near El Portal Middle School and wanted to know the process of possibly getting flashing street lights at that crossing. She mentioned that students arrive early at the school for practice and it is pitch black at this time of year. She hopes this is something that can be looked in to.
She also commented that making a right turn at the railroad crossing on McHenry coming in to town is a hazard. There have been accidents because of this turn. She is hoping some kind of signage can be placed to direct traffic. She said some GPS apps direct traffic to turn the wrong way.
PUBLIC HEARINGS
9. Introduce and Waive the First Reading by Title Only and Conduct a Public Hearing for Ordinance No. XXX, Amending Section 17.41.140 of the Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law; and Finding the Action to be Statutorily Exempt from CEQA Under Section 21080.17 of the Public Resources Code
CM French presented the two state laws, AB 2533 and SB 1211 that will take effect January 1, 2025 from his staff report. He informed Council that the Planning Commission held a public hearing to consider the proposed ordinance and voted with a recommendation in favor of its adoption.
Attorney Splendorio explained that if this ordinance is not adopted, the City's existing ADUs become invalid and default back to the State.
Councilmember Strohman asked if the Planning Commission had a long discussion about this and CM French let him know that there were not any major concerns and recommended the adoption.
He also let Council know that there are currently known and permitted seven (7) ADUs in the city.
Mayor Pro Tem Walker asked for clarification that if they do not accept this ordinance, the City's standards in City Code would become invalid and revert to the State. Attorney Splendorio confirmed that is correct, that it would default back to the statutory standards of the State without any local agency governing landscape, setbacks, height and architectural review.
Councilmember Kay understands that if this defaulted to state law, that essentially you could have someone build four (4) ADUs stacked on top of each other on your neighboring fence line whereas the easements and setbacks would remain in place if Council were to adopt this ordinance as written. Attorney Splendorio confirmed this statement.
Ms. Sherri moved into her house 14 years ago and there was an existing ADU. She wanted to know if this would affect her and if she would need to get a permit. CM French let her know this would have little to no impact on her.
MOTION - It is m/s by STROHMAN/KAY to Waive the First Reading by Title Only and Conduct a Public Hearing for Ordinance No. XXX, Amending Section 17.41.140 of the Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law; and Finding the Action to be Statutorily Exempt from CEQA Under Section 21080.17 of the Public Resources Code be approved as presented. MOTION carried 5-
0. MINUTE ORDER 68-24.
ADMINISTRATIVE MATTERS
10. Consider Adopting Resolution No. XX-24 Authorizing the Execution of Agreements and Resolution No. XX-24 for the Examination of Confidential Records of the Local Transaction and Use Tax (Measure P)
CM French presented it as stated in the staff report. It is in essence, the coordination with the State Department administering the sales tax (CDTFA). The council will pass a resolution authorizing the execution of agreements with CDTFA so they can administer the tax.
Strohman commented that looking at the voting results; he wanted to thank the constituents for passing this measure and that the council will do their best to be financial stewards of that extra 1% sales tax.
MOTION - It was m/s by WALKER/STROHMAN to adopt Resolution No. XX-24 Authorizing the Execution of Agreements and Resolution No. XX-24 for the Examination of Confidential Records of the Local Transaction and Use Tax (Measure P). MOTION passed 5-0.
RESOLTUION NO. 49-24
11. Introduce and Waive the First Reading by Title Only of Ordinance No. XXX, Amending Chapter 2.17 in Title 2 of the Escalon Municipal Code - Recreation Commission CM French presented the Ordinance based on Council direction from a prior meeting. The ordinance amendment would change the provision from three within the residing in the city limits to two residing within the city limits meaning that three could live outside the city limits but within the school district boundaries.
Councilmember wanted to know that if this ordinance was passed, would they go through the interview process again. He thought since Councilmember Kay was new, that it would be respectful to him to do so. Councilmember Kay appreciated the gesture but thought it would be unnecessary and he could watch the interviews on YouTube.
MOTION - It was m/s by STROHMAN/WALKER to Introduce and Waive the First Reading by Title Only of Ordinance No. XXX, Amending Chapter 2.17 in Title 2 of the Escalon Municipal Code - Recreation Commission. MOTION passed 5-0. ORDIANCE NO. 597
COUNCIL COMMUNICATIONS
Councilmember Kay congratulated the Chamber regarding the Christmas Parade and the organization that goes in to that. He also thanked the Council and former City Mayor for including him on the parade float. He wanted recognize Angel Cornea on Countrywood for the event he puts on every year with Santa Claus at his own expense. People who do this make living in a small town so great.
Councilmember Strohman congratulated Gracie and Gary on their reappointments and dedication to the community. He also wanted to thank the Chamber, volunteers and community members for the Christmas Parade on Main. He reported that he, along with others attended the 2x2 monthly meeting with the school district. He is looking forward to working on projects with them, including a pilot program that will benefit the community as we whole. He also wanted a consensus from other councilmembers about Belatera. He noted he was looking to Council to add this as an agenda item to find a way to get back to community members in an open forum.
Attorney Splendorio felt the Council could have an outreach discussion. Limitations would need to be discussed, if it is put on the agenda as a future discussion.
Mayor Hagan felt it is important for the community voices to be heard and supported Strohman on his request to have an open forum.
Mayor Pro Tem Walker first wanted to congratulate all this involved for Christmas on Main, including all the vendors and float entries. Also thanked the citizens of Escalon for passing Measure P and expressed how important it is for the community to keep shopping local and support Escalon businesses.
Mayor Hagan expressed his gratitude for all the hard work that went into Christmas on Main. He also wanted to thank Officer Palomino for all his work. Regarding the train track at McHenry, he thinks it is a good idea to have some sort of signage at that stop.
Strohman supported Hagan's idea and asked if that is something Caltrans would handle. PWSW Collins responded that it would be a meeting with the City, Caltrans and the railroad. The council supported the decision to have further discussion on this matter.
Mayor Hagan also wants to have a discussion in the future, but believes there is the potential for the City to protect themselves from the State to give the City a little more flexibility by looking into the idea of a charter city. He feels this a needed discussion to understand the pros and cons.
Mayor Pro Tem Walker supported the idea of having a discussion on how it may or may not benefit the City of Escalon. Councilmember Strohman also supports a discussion.
ADJOURNMENT
Mayor Hagan adjourned the meeting at 7:33 pm
Respectfully Submitted,
Michele Bates
Michele Bates, Deputy City Clerk
ESCALON ITEM NO.
2 COUNCIL AGENDA ITEM
FOR JANUARY 6, 2025
Prepared By: Ivette Arevalo
Date: December 31, 2024
Subject: Waive the Second Reading and Consider Adoption of Ordinance No. XXX, Amending Chapter 2.17 in Title 2 of the Escalon Municipal Code - Recreation Commission.
Recommendation:
Waive the Second Reading and Consider Adoption of Ordinance No. XXX, amending Chapter 2.17 in Title 2 of the Escalon Municipal Code - Recreation Commission.
Background and Discussion:
At the November 18, 2024 City Council meeting, the Council interviewed four applicants for three vacancies on the Recreation Commission. Following the interviews, the Council concluded that the current guidelines for Recreation Commission membership, as defined in Escalon Municipal Code Section 2.17.020, no longer align with the community's needs.
The existing municipal code mandates that all five members of the Recreation Commission reside within the Escalon Unified School District, with at least three members living within the city limits.
The Council noted that the residency requirements restricted the potential for valuable contributions from individuals living outside the city limits. Consequently, the Council directed staff to bring forward an Ordinance that would amend Section 2.17.020 of the Escalon Municipal Code.
The attached ordinance proposes an update to the Code regarding membership of the Recreation Commission, increasing the number of Commissioners that can reside outside of the City limits. The highlights are the changes being made to the ordinance.
Attachments
A. Draft Ordinance xxx amending Section 2.17.020 to adjust membership requirements of the Recreation Commission
ATACHMENT A
CITY OF ESCALON
CITY COUNCIL
ORDINANCE NO. XXX
Introduce and waive the First Reading by title only of Ordinance No. XXX, amending Chapter 2.17 in Title 2 of the Escalon Municipal Code - Recreation Commission.
WHEREAS, at the November 18, 2024, City Council meeting, the Council interviewed four applicants for three vacancies on the Recreation Commission; and WHEREAS, following the interviews, the City Council concluded that the current guidelines for Recreation Commission membership, as defined in Escalon Municipal Code Section 2.17.020, no longer align with the community's needs; and
WHEREAS, the existing municipal code mandates that all five members of the Recreation Commission reside within the Escalon Unified School District, with at least three members living within the city limits; and
WHEREAS, the City Council noted that the residency requirements of the current code restrict the potential for valuable contributions from individuals who reside outside the city limits; and WHEREAS, the City Council directed staff to bring forward an ordinance to amend Section
2.17.020 of the Escalon Municipal Code to increase the number of Commissioners who can reside outside the city limits;
NOW, THEREFORE, the City Council of the City of Escalon does ordain as follows:
SECTION 1. Purpose. The purpose of this ordinance is to amend Chapter 2.17 of the Escalon Municipal Code to modify the residency requirements for members of the Recreation Commission.
SECTION 2. Authority. The City Council Enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution.
SECTION 3. Amendment. Chapter 2.17 is hereby amended to read in its entirety as shown on Exhibit "A", which is attached hereto and incorporated herein by this reference.
SECTION 4. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof ate severable.
- 1 -
SECTION 5. Effective Date and Notice. This Notice shall take effect thirty (30) days after its adoption and, within fifteen (15) days after its passage a summary of the ordinance shall be published at least once in a newspaper of general circulation within the City of Escalon.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Escalon, California, at a regular meeting of the City Council held on the , 202_ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Andrew Hagan, Mayor
ATTEST:
IVETT AREVALO, Deputy City Clerk
APPROVED AS TO FROM:
City Attorney, Frank Splendorio
- 2-
Exhibit A
Ordinance XXX Amendments
- 3-
Chapter 2.17
RECREATION COMMISSION
Sections:
2.17.010 Establishment.
2.17.015 Definitions
2.17.020 Membership - Designated.
2.17.030 Membership - Term - Removal.
2.17.040 Organization - Meetings.
2.17.050 Rule adoption and recordkeeping.
2.17.060 Powers and duties.
2.17.070 Cooperation with city departments - Report to council.
2.17.080 Repealed.
2.17.090 Repealed.
2.17.100 Relation to press, city council, and staff.
2.17.010 Establishment.
A recreation commission is established in and for the city. (Ord. 541 § 1, 2014; Ord. 496 § 1, 2005; Ord. 384 § 1, 1993; Ord. 334 § 1, 1990)
2.17.015 Definitions.
The following words and expressions when used in this chapter shall for the purposes of this chapter have the meanings respectively ascribed to them as follows:
A. "Commission," as used in this chapter, means the Escalon recreation commission created by this chapter.
B. "Community recreation," as used in this chapter, means all public leisure resources that contribute to the physical, mental, moral development and the environment of the individual or group. These resources may include, but are not necessarily limited to parks, playgrounds, camps, swimming pools, recreational sports and programs in the physical, intellectual, and social fields. (Ord. 541 § 1, 2014)
2.17.020 Membership - Designated.
The commission shall have five voting members all of whom shall be registered voters in San Joaquin County, California. All five members are required to reside within the Escalon Unified School District, with no less than three two members required to reside within Escalon city limits. The voting members shall be appointed by the city council and shall serve without compensation. (Ord. xxx § 1, 2025; Ord. 541 § 1, 2014; Ord. 496 § 1, 2005; Ord. 457 § 1, 2001; Ord. 427 § 1, 1996; Ord. 384 § 1, 1993; Ord. 334 § 1, 1990)
2.17.030 Membership - Term - Removal.
A. The commission members shall be designated to serve for three years. All vacancies shall be filled for the unexpired term.
B. A member of the commission may be removed from office by a majority vote of the city council.
C. A member who fails, without permission, to attend three successive meetings of the commission is subject to removal. (Ord. 541 § 1, 2014; Ord. 496 § 1, 2005; Ord. 427 § 1, 1996; Ord. 384 § 1, 1993; Ord. 334 § 1, 1990)
2.17.040 Organization - Meetings.
A. Regular meetings shall be held on the first Wednesday of each month at 6:30 p.m. in the City of Escalon Council Chambers located at 2060 McHenry Ave., Escalon, California. The recreation commission shall meet at a minimum of at least once a quarter during the months of February, May, August and November.
B. Special meetings may be called at any time by the chair by written notices served upon the members 24 hours before the proposed time of such meetings.
C. All meetings shall be open to the public and shall be held in accordance with the Ralph M. Brown Act. Public participation shall be encouraged prior to the commission taking an action on any item.
D. The commission shall select a chair from among its appointed members during the November meeting of each year. The term of this office shall be one year.
E. Agenda for meetings will be prepared by the staff liaison in consultation with the chair. The commission may suggest agenda items to the chair for inclusion on an agenda. The addenda shall be appropriately provided in a section for public comment on matters not on the agenda.
F. Minutes shall be kept and filed with the city clerk. (Ord. 541 § 1, 2014; Ord. 522 § 1, 2008; Ord. 496 § 1, 2005; Ord. 384 § 1, 1993; Ord. 334 § 1, 1990)
2.17.050 Rule adoption and recordkeeping.
A. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be on file in the city clerk's office and shall be a public record.
B. The office of the city clerk shall furnish services as are needed to make possible the necessary recording and filing of these records. (Ord. 541 § 1, 2014; Ord. 496 § 1, 2005; Ord. 384 § 1, 1993; Ord. 334 § 1, 1990)
2.17.060 Powers and duties.
A. The powers and duties of the commission as an advisory board shall be as follows:
1. Provide input to the recreation department/coordinators regarding recreation activities, sports programs, and facilities that will help meet the needs of the community.
2. Serve as the appeal board for citizens regarding actions and decisions made by the recreation department/coordinators. All personnel-related issues and actions regarding the recreation department/coordinators will remain with the city manager and/or their designee.
3. To make and enforce all rules and regulations necessary to carry out their powers and duties under this chapter and otherwise granted.
4. To cooperate with any other public authority, including the Escalon Unified School District and the County of San Joaquin.
5. The recreation commission shall interpret the community recreation program to public officials and to the general public in terms of needs and results, and toward the end that the program receives adequate moral and financial support from public and private sources.
6. The recreation commission shall review all general policies governing the services of the community recreation department, and shall act in an advisory capacity to the city council on all things relating to leisure resources as defined under "community recreation" in EMC 2.17.015, for the determination of general policies to best carry out the purposes for which the department of community recreation is established.
7. Consider the annual budget of the recreation department prior to enacting activities of recommendation and provide advice with respect thereto to the city manager and to the city council.
8. Provide advice and community perspectives regarding recreation services and programming for the inhabitants of the city and promote and stimulate public interest therein and to the fullest possible extent the cooperation of special authorities and other public and private agencies interested therein.
9. To gather community opinions, needs and perceptions regarding recreational opportunities and needs and to advise the recreation department of this information. Further, to provide information to the community regarding available programs and facilities and encourage their participation and use.
10. Assist in the organizing of recreation programs both by policy and participation within the programs.
B. The city manager shall appoint competent persons who shall act as recreation coordinators at a salary to be fixed by the city council. The coordinators shall carry out the directions of the city manager and shall organize and direct all department activities, programs and recreation facilities owned, operated and maintained by the city. Coordinators shall enforce all of the ordinances and policies of the city regulating department activities, programs and recreation facilities and their use, and may in furtherance of such duty have the power to remove or cause to be removed and excluded from any of the department activities, programs and recreation facilities any persons violating any such ordinances or policies. The coordinator shall have the care and control of all equipment owned or controlled by the city for use in recreation activities and programs, and shall be responsible for the custody of such property.
C. In addition, the city manager may appoint, subject to the approval of the city council, any such assistants which may be necessary to carry out the recreational programs in the city. (Ord. 541 § 1, 2014; Ord. 496 § 1, 2005; Ord. 384 § 1, 1993; Ord. 334 § 1, 1990)
2.17.070 Cooperation with city departments - Report to council.
All officers, departments and department heads of the city shall render cooperation and all reasonable and necessary assistance to the recreation commission. Neither the commission nor any person connected with the commission shall incur any financial liability in the name of the city. The recreation director, on behalf of the commission, shall render periodic reports of its activities to the city council. (Ord. 541 § 1, 2014; Ord. 496 § 1, 2005; Ord. 384 § 1, 1993; Ord. 334 § 1, 1990)
2.17.080 Appropriation - Budget.
Repealed by Ord. 496. (Ord. 384 § 1, 1993; Ord. 334 § 1, 1990)
2.17.090 Fees.
Repealed by Ord. 496. (Ord. 384 § 1, 1993; Ord. 334 § 1, 1990)
2.17.100 Relation to press, city council, and staff.
A. Commissioners shall refer all requests for information made by the press to the city clerk and shall not endeavor to interpret any action of the commission.
B. The position of the commission on all matters which the commission wishes brought before the city council will be done by either the chair or designated commissioner or staff member.
C. The city manager shall appoint a staff liaison to the recreation commission who will coordinate and provide all staff support. The staff liaison will attend all commission meetings and act as secretary to the commission. She/he will bring department-related policy matters for consideration to the commission as well as respond to policy-related inquiries. (Ord. 541 § 1, 2014) SCALON
ITEM NO. 3
COUNCIL AGENDA ITEM
ENCORPORATED MARCH 12, 495h FOR JANUARY 6, 2025
Prepared By: Diana Trejo, Assistant Planner
Date: December 23, 2024
Subject: Waive the Second Reading and Consider Adoption of Ordinance No. XXX from CEOA under Section 21080.17 of the Public Resources Code RECOMMENDATION:
Council, waive the second reading and consider adoption of Ordinance No. XXX, amending Escalon Municipal Code Chapter 17.41.140 relating to Accessory Dwelling Units and Junior Accessory Dwelling Units to comply with recent changes in California State Law; and finding the action to be statutorily exempt from CEQA under Section 21080.17 of the Public Resources Code.
BACKGROUND AND ANALYSIS:
In recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that impose limits on local authority to regulate ADUs and JADUs. In 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law as summarized below.
AB 2533 - Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.
AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)-(f).)
SB 1211 - Replacement Parking Requirements; Multifamily ADUs 1 Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.
SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov.
Code, § 66314(d)(11).)
Multifamily ADUS
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building- permit applications for ADUs within "portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ...." The term "livable space" is not defined by existing state ADU law.
SB 1211 changes this by adding a new definition: "'Livable space' means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation." (See amended Gov. Code, § 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.
Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have - the limit remains at two. (See amended Gov.
Code, § 66323(a)(4).)
PLANNING COMMISSION
On November 19, 2024, the Planning Commission held a public hearing to consider the proposed ordinance, and thereafter voted to forward the ordinance to the City Council with a recommendation in favor of its adoption. Staff recommends that the City Council proceed in accordance with the recommended actions set forth above.
CITY COUNCIL
At the December 16, 2024 City Council Meeting, staff presented the Planning Commission's recommendations on the amendments to Escalon Municipal Code Chapter 17.41.140. Staff explained the proposed amendments and answered the questions asked by members of the Council. A Public Hearing was conducted in which one resident sought clarification on an existing condition. 2 A small edit was made to proposed Section 17.41.140 (E)(8) to remove ADUs from the Deed Restriction requirement. The Deed Restriction section will still apply to JADUs.
ENVIRONMENTAL REVIEW:
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of in ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Divisio of Title 7 of the California Government Code, which is California's ADU law and which als regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
Exhibit:
1. Ordinance XXX with Exhibit A - Amendments to EMC Chapter 17.41.140 Exhibit 1
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCALON AMENDING SECTION 17.41.140 OF THE CITY OF ESCALON MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE SECTION 21080.17
WHEREAS, the City of Escalon, California ("'City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and law, Assembly Bil 533(24, 82537) amd Senate Bill Bill1211 S$ 121 t, Goich firsher aind state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City's ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533's and SB 1211's changes to state law; and WHEREAS, on November 19, 2024, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on December 16, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City's Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Escalon does ordain as follows:
SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
93939.00059\42726913.2
SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).
SECTION 4. Code Amendment. Section 17.41.140 of the Escalon Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit "A-1," attached hereto and incorporated herein by reference.
SECTION 5. Effective Date. This Ordinance takes effect 30 days after its adoption.
SECTION 6. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.
SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at Escalon City Hall.
SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Escalon, California, at a regular meeting of the City Council held on the day of > 202_ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ANDREW HAGAN, Mayor
ATTEST:
Michele Bates, Deputy City Clerk
APPROVED AS TO FROM:
City Attorney, Frank Splendorio
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EXHIBIT A
Amended ADU Regulations
(follows this page)
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ADU REGULATIONS THAT COMPLY WITH SB 1211 & AB 2553 (2024) Section 17.41.140 Accessory Dwelling Units
Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
Considered in the application of any local ordinance, policy, or program to limit residential growth.
Required to correct a nonconforming zoning condition, as defined in subsection C.8 below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
Definitions. As used in this section, terms are defined as follows:
"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
A manufactured home, as defined by section 18007 of the California Health and Safety Code.
2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
"Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
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A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:
It is no more than 500 square feet in size.
It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection C.4 above. "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.
9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
10. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
11. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
12. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
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Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-family Lot: One ADU as described in this subsection D.I.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and ii. Has exterior access that is independent of that for the single-family dwelling; and
ili. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code sections 66333 through 66339.
Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a above), if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. ili. The peak height above grade does not exceed the applicable heigh imit in subsection E.2 belov
Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
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i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection E.2 below.
iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.
ADU Permit.
Except as allowed under subsection D.l above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below.
The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the Development Services Manager and approved by the city council by resolution.
Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application.
If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
C. It the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the - 8-
application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection D.3.b above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D.1 or D.2 above:
Zoning.
a. An ADU subject only to a building permit under subsection D.1 above may be created on a lot in a residential or mixed-use zone.
An ADU subject to an ADU permit under subsection D.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.
In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
Height.
a. Except as otherwise provided by subsections E.2.b and E.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applie o the primary dwelling, whichever is lower. Notwithstanding the toregoing ADUs subject to this subsection E.2.d may not exceed two stories. - 9-
e. For purposes of this subsection E.2, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
Fire Sprinklers.
Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
6. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
7. Owner Occupancy.
a. ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.
As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner- occupancy requirement in this subsection E.7.b does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Manager. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
Except as otherwise provided in Government Code section 66341, the JADU may not be sold separately from the primary dwelling. - 10-
The JADU is restricted to the approved size and to other attributes allowed by this section.
C. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Development Services Manager, providing evidence that the JADU has in tact been eliminated. The Development Services Manager may then determine whether the evidence supports the claim that the JADU has been eliminated.
Appeal may be taken from the Development Services Manager's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Development Services Manager or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
Rent Reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each January 1 following issuance of the building he report. If the owner fails to submit the report within the 30-day period he city mav enforce this provision in accordance with applicable law
10. Building & Safety.
a. Must comply with building code. Subject to subsection E. 10.6 below, all ADUs and JADUs must comply with all local building code requirements. - 11 -
No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.
Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
An attached ADU that is created on a lot with an existing primary dwelling dwelrier limited to 50 percent of the floor area of the existing primary Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.1.b above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
2. Setbacks.
a. ADUs that are subject to this subsection F must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection F must conform to 25-foot front setbacks, subject to subsection F.1.c above.
No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.
Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 65 percent, subject to subsection F.1.c above.
Minimum Open Space. No ADU subject to this subsection F may cause the total percentage of open space of the lot to fall below 35 percent, subject to subsection F.1.c above.
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Passageway. No passageway, as defined by subsection C.9 above, is required for an ADU.
6. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.12 above.
Exceptions. No parking under subsection F.6.a is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.11 above.
ii. The ADU is located within an architecturally and historically significant historic district.
The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.6.b.i through v above.
No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
Architectural Requirements.
The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
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d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. f. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight. g. All windows and doors in an ADU less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
9. Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph E.2.d of this section.
G. Fees. The following requirements apply to all ADUs that are approved under subsections D.1 or D.2 above.
Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection G.1, "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of thor area of delinary lin the metary fat fee arouivida gy thr a new dwelling.)
Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. - 14-
b. Except as described in subsection G.2.a, converted ADUs on a single- family lot that are created under subsection D.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
Except as described in subsection G.2.a, all ADUs that are not covered by subsection G.2.b require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
i. The connection is subject to a connection fee or capacity charge that s proportionate to the burden created by the ADU based on eithe he floor area or the number of drainage-fixture units (DFU) values as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that i not affected by the construction of the ADU or JADU.
Unpermitted ADUs and JADUs constructed before 2020.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 17.41.140).
b. Exceptions:
i. Notwithstanding subsection H.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. - 15-
ii. Subsection H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
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SCALON
ITEM NO. 4
CAUH
O CENTRA COUNCIL AGENDA ITEM
FOR DECEMBER 16, 2024
Prepared By: Jaylen French, City Manager
Date: December 5, 2024
Subject: Consideration of Agreement with Ayera Technologies, Inc, for the Installation and Managed Operations of Wireless Networking Internet Services Backbone Service
Recommendation:
Consider the Draft Agreement with Ayera Technologies, Inc. which Council directed staff to enter into negotiations for the Installation and Managed Operations of Wireless Networking Internet Services Backbone services.
Background:
The City of Escalon has multiple locations, each served by the City's computer network to allow for internet, email, camera operations and file access. The City's remote sites, including the Corporation Yard, Wastewater Treatment Plan, and the Community Center are connected to City Hall via wireless point-to-point radio links. These first links were installed in the early 2000s and have been upgraded multiple times to meet the City's growing bandwidth needs.
The current point-to-point links are nearing the end of their useful life and are not delivering connections that are strong or fast enough to meet the City's needs. To offer better service and achieve cost savings, many cities are moving away from having their own links and engaging with internet service providers (ISPs) to provide them with a managed network solution.
These agreements became increasingly popular after the 2018 FCC Small Cell Oder that required public agencies to open their assets to private carriers where possible. These agreements have proven beneficial to cities, as they reduce the city's capital expense in deploying wireless links, provide service-level agreement backed wireless links for critical City communications, and provide for the City to receive rent in the process.
Over a five year period, this style agreement is expected to save, based upon the full build-out of 20 sites, significant money in capital costs and internet service costs. There is additional benefit of support and expertise in an established ISP. The system can also be designed to allow for future growth as most applications and hardware come online, including for example traffic cameras, license plate readers, and the City's Supervisory Control and Data Acquisition (SCADA) system, which controls, monitors and analyzes the City's water and wastewater systems.
In mid-2023, the City solicited informal proposals from two local ISPs, 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 the City's vertical assets, i.e. buildings and/or radio towers) to install radio repeater equipment that allows the company to serve both the City and its residents. Each ISP was given the opportunity to present their proposal to City staff and the City's IT consultant. City staff and the IT consultant recommended the city move forward with one of the ISP due to faster and more reliable connectivity to the City's sites, a symmetric connection, which provides ample bandwidth for all use applications and a larger proposed rent payment.
On October 2, 2023, after the above-described Request for Proposal (RFP) process, the Council was set to consider the two (2) ISP proposals. Ultimately, due to concerns raised about the process by one of the proposing ISPs and questions about the end product, the Council directed staff to work with a third-party to ensure a robust and neutral process. The City later retained Spark Alliance to perform this work.
Subsequently, in April 2024, the City of Escalon (City) invited qualified, available and interested firms to submit written proposals to provide contracted installation and managed operations of a wireless networking internet services backbone. The stated project objectives from this RFP are:
- Improve Internet Access: Provide high-speed internet access to underserved areas of Escalon, enhancing connectivity for residents and businesses.
- Enhance Connectivity: Establish a reliable and secure wireless network backbone to support data transmission and communication.
- Promote Economic Development: Stimulate economic growth and development by providing businesses with access to high-speed internet services. - Support Municipal Services: Enable the City of Escalon to enhance its municipal services, such as public safety, emergency response, and administrative operations. - Ensure Compliance: Ensure compliance with all relevant regulations, including California state requirements for wireless networking and internet services.
Upon the close of the RFP period, the City received 10 proposals, which fall into various proposal types as outlined below.
- Five (5) "Project" proposals. These proposals from AirGap Labs, EZWave, Eaton, SmartWave and Calnet constitute an installation project, including the installation of equipment by the provider at the City's expense. The proposed cost of these proposals ranges from $62,000 to $380,000. The approach would then cost the City approximately $75,000 to $120,000 in annual maintenance and service. There is some potential to monetize this infrastructure.
- One (1) "Citywide Connectivity" proposal. This proposal from T-Mobile constitutes a private connection to T-Mobile's existing network at the City's cost, then a monthly service charge for the use of wireless internet throughout the City and greater connectivity to both physical buildings, remote locations and between physical locations (i.e. in-field connectivity). This proposal is from a nationally recognized provider which has a significant investment in their equipment, as well as outstanding customer service. T-Mobile anticipates charging the City $600 per month for internet service to all locations, to start. There are additional partnership opportunities associated with this proposal. - Two (2) No-Cost, No-Monthly Rate proposals. Proposals were received from Ayera and EzWave, two local companies, which utilize the City's vertical assets to improve their ability to serve the City with reliable and fast internet as well as their existing and future customers.
The City would like to explore rent or revenue sharing with these options. - One (1) "City is the ISP" proposal. This proposal from SmartFiber Networks sees the City fund a full network of equipment and other related materials at the anticipated cost of $1.99 million, which the City would own. The City could then become an ISP for residents, businesses and others in the area. As proposed, the City would recoup this initial investment through the monthly service charges to its future customers. There are additional partnership opportunities associated with this proposal.
- One (1) proposal was rejected for not addressing the needs outlined in the RFP.
Then, on September 16, 2024, the City Council directed staff to further explore the "No-Cost, No- Monthly Rate" proposal type and begin discussions with the two proposers. Subsequently, City staff met with each proposer, ezWave and Ayera to discuss each proposal and to better understand the details. After discussion and public testimony, the City Council directed staff to enter into negotiations with Ayera Technologies, Inc.
Discussion:
City staff and Ayera met to finalize the negotiation points, which are outlined below:
- Agreement Term: Five (5) years with open options to extend five (5) years upon mutual consent.
- Vertical Asset Use Lease: $800/month for first six (6) months and $950/month thereafter, unless and until the revenue share model is activated.
If the revenue share model is not activated for a period of 24 months after the agreement, then Ayera is responsible to supply a current market value for vertical asset use for consideration of the City in updating the lease rate.
- Revenue Share: 15% of monthly subscription revenue gained from City's vertical assets if, and when, more than the current lease rate. - Agreement Termination: If the City is not satisfied with the performance of Ayera in the various matters pertaining to the agreement, the City can, within 60 days, after a 60 day period to try to remedy the situation, terminate the contract via written notice.
Per the agreement, Ayera will provide:
- Zero cost symmetrical network connection to city facilities, and - Private, Layer 2 connectivity to city facilities
Revenue (lease rate or revenue share)
The city will provide:
- Use of Police Department tower, and up to six other listed vertical assets for placement of Ayera equipment.
- Ability to use opt-in vertical assets not listed
- Waived encroachment permit fees for work on equipment under terms of agreement - Electricity to all Ayera equipment on City's vertical assets Fiscal Impact:
The City's current internet bills are approximately $885 per month or $10,600 per year. With an agreement with Ayera the cost of internet will be reduced to SO. Further, the agreement will generate revenue through either a lease payment for use of vertical asset space or a revenue share model of 15% of all new Ayera revenue generated. The City's current lease agreement for vertical asset space is $950 / month or $11,400 / year. The revenue generated through a potential revenue share model would be dependent on the number of accounts activated via the partnership. Any generated revenue will go into the City's General Fund.
Attachments:
1. City of Escalon City Council Staff Report from September 16, 2024 meeting
2. City of Escalon City Council Staff Report from November 4, 2024 meeting
3. Draft Agreement with Ayera Technologies, Inc.
AMACHMENT I
ESCALON ITEM NO. Z
INCDRPORATED MARCH 12, VISI COUNCIL AGENDA ITEM
FOR SEPTEMBER 16, 2024
Prepared By: Jaylen French, Interim City Manager
Date: September 3, 2024
Subject: Introduction to Received Proposals from the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals
Recommendation:
Introduce and consider the submitted proposals for the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals (RFP) and consider direction to City staff on next steps.
Background:
The City of Escalon has multiple locations, each served by the City's computer network to allow for internet, email, camera operations and file access. The City's remote sites, including the Corporation Yard, Wastewater Treatment Plan, and the Community Center are connected to City Hall via wireless point-to-point radio links. These first links were installed in the early 2000s and have been upgraded multiple times to meet the City's growing bandwidth needs.
The point-to-point links are nearing the end of their useful life and are not delivering connections that are strong or fast enough to meet the City's needs. To offer better service and achieve cost savings, many cities are moving away from having their own links and engaging with internet service providers (ISPs) to provide them with a managed network solution.
These agreements became increasingly popular after the 2018 FCC Small Cell Oder that required public agencies to open their assets to private carriers where possible. These agreements have proven highly beneficial to cities, as they reduce the city's capital expense in deploying wireless links, provide service-level agreement backed wireless links for critical City communications, and provide for the City to receive a nominal rent in the process.
Over five years this style agreement is expected to save, based upon the full build-out of 20 sites) significant dollars in capital costs and internet service costs. There is additional benefit of support and expertise in an established ISP. The system can also be designed to allow for future growth as most applications and hardware come online, including for example traffic cameras, license plate readers, and the City's Supervisory Control and Data Acquisition (SCADA) system, which controls, monitors and analyzes the City's water and wastewater systems.
Discussion:
In mid-2023, the City solicited informal proposals from two local ISPs, 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 the City's vertical assets, i.e. buildings and/or radio towers) to install radio repeater equipment that allows the company to serve both the City and its residents. Each ISP was given the opportunity to present their proposal to City staff and the City's IT consultant. City staff and the IT consultant recommended the city move forward with one of the ISP due to faster and more reliable connectivity to the City's sites, a symmetric connection, which provides ample bandwidth for all use applications and a larger proposed rent payment.
On October 2, 2023, after the above-described Request for Proposal (RFP) process, the Council was set to consider staff's recommendation. Ultimately, due to concerns raised about the process by one of the proposing ISPs and questions about the end product, the Council directed staff to work with a third-party RFP preparing to ensure a robust and neutral process. The City later retained Spark Alliance to perform this work.
Subsequently, in April 2024, the City of Escalon (City) invited qualified, available and interested firms to submit written proposals to provide contracted installation and managed operations of a wireless networking internet services backbone. The stated project objectives from this RFP are:
- Improve Internet Access: Provide high-speed internet access to underserved areas of Escalon, enhancing connectivity for residents and businesses.
- Enhance Connectivity: Establish a reliable and secure wireless network backbone to support data transmission and communication.
Promote Economic Development: Stimulate economic growth and development by providing businesses with access to high-speed internet services. - Support Municipal Services: Enable the City of Escalon to enhance its municipal services, such as public safety, emergency response, and administrative operations. - Ensure Compliance: Ensure compliance with all relevant regulations, including California state requirements for wireless networking and internet services.
Upon the close of the RFP period, the City received 10 proposals, which fall into various proposal types as outlined below.
- Five (5) "Project" proposals. These proposals from AirGap Labs, EZWave, Eaton, Smart Wave and Calnet constitute an installation project, including the installation of equipment by the provider at the City's expense. The proposed cost of these proposals ranges from $62,000 to $380,000. The approach would then cost the City approximately $75,000 to $120,000 in annual maintenance and service. There is some potential to monetize this infrastructure.
- One (1) "Citywide Connectivity" proposal. This proposal from T-Mobile constitutes a private connection to T-Mobile's existing network at the City's cost, then a monthly service charge for the use of wireless internet throughout the City and greater connectivity to both physical buildings, remote locations and between physical locations (i.e. in-field connectivity). This proposal is from a nationally recognized provider which has a significant investment in their equipment, as well as outstanding customer service. T-Mobile anticipates charging the City $600 per month for internet service to all locations, to start. There are additional partnership opportunities associated with this proposal. - Two (2) No-Cost, No-Monthly Rate proposals. Proposals were received from Ayera and EzWave, two local companies, which utilize the City's vertical assets to improve their ability to serve the City with reliable and fast internet as well as their existing and future customers.
The City would like to explore rent or revenue sharing with these options. - One (1) "City is the ISP" proposal. This proposal from SmartFiber Networks sees the City fund a full network of equipment and other related materials at the anticipated cost of $1.99 million, which the City would own. The City could then become an ISP for residents, businesses and others in the area. As proposed, the City would recoup this initial investment through the monthly service charges to its future customers. There are additional partnership opportunities associated with this proposal.
- One (1) proposal was rejected for not addressing the needs outlined in the RFP.
Next Steps
The intent of this staff report is to introduce the ten (10) received proposals from the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals AND to seek direction from the City Council on which options they may be interested in exploring further. City staff will then begin to evaluate these proposals in greater depth and begin the pre- negotiation process. It is during this effort that any service level agreements, speed and reliability standards, and rent or revenue sharing details will be outlined. After City staff has concluded this process, a final recommendation would be brought before the Council for a final decision.
Anticipated Technical Questions and Answers
How much does the City currently pay for internet service? The City pays $886 per month for internet across all City working sites. Additionally, the City pays $49 per month for internet at the Library.
- Is there a tangible difference in speed and reliability across the received proposals? All ISPs that offer wireless Internet services have various technologies employed that offer various scalability and performance caps. The requested bandwidth minimums were set at 500Mbps on synchronous connections, i.e. same speed in both directions. The ISPs that have more bandwidth headroom and infrastructure with planned upgrades and build outs in the future will offer the strongest long-term solution. As the City moves forward in the selection process, a thorough evaluation of each proposal that the City Council is interested in exploring will be completed. This information will be shared with the Council prior to any decision to move forward with a proposal.
ATTACHMENT L
ASCALON 9
ITEM NO.
CALIFORNIA
COUNCIL AGENDA ITEM
FOR NOVEMBER 4, 2024
Prepared By: Jaylen French, City Manager
Date: October 28, 2024
Subject: Consideration of Proposals from the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals Recommendation:
Consider the two submitted proposals for the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals (RFP), which Council directed staff to explore further, and authorize the City Manager to execute an agreement with the selected vendor.
Background:
The City of Escalon has multiple locations, each served by the City's computer network to allow for internet, email, camera operations and file access. The City's remote sites, including the Corporation Yard, Wastewater Treatment Plan, and the Community Center are connected to City Hall via wireless point-to-point radio links. These first links were installed in the early 2000s and have been upgraded multiple times to meet the City's growing bandwidth needs.
The current point-to-point links are nearing the end of their useful life and are not delivering connections that are strong or fast enough to meet the City's needs. To offer better service and achieve cost savings, many cities are moving away from having their own links and engaging with internet service providers (ISPs) to provide them with a managed network solution.
These agreements became increasingly popular after the 2018 FCC Small Cell Oder that required public agencies to open their assets to private carriers where possible. These agreements have proven beneficial to cities, as they reduce the city's capital expense in deploying wireless links, provide service-level agreement backed wireless links for critical City communications, and provide for the City to receive rent in the process.
Over a five year period, this style agreement is expected to save, based upon the full build-out of 20 sites, significant money in capital costs and internet service costs. There is additional benefit of support and expertise in an established ISP. The system can also be designed to allow for future growth as most applications and hardware come online, including for example traffic cameras, license plate readers, and the City's Supervisory Control and Data Acquisition (SCADA) system, which controls, monitors and analyzes the City's water and wastewater systems.
In mid-2023, the City solicited informal proposals from two local ISPs, 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 the City's vertical assets, i.e. buildings and/or radio towers) to install radio repeater equipment that allows the company to serve both the City and its residents. Each ISP was given the opportunity to present their proposal to City staff and the City's IT consultant. City staff and the IT consultant recommended the city move forward with one of the ISP due to faster and more reliable connectivity to the City's sites, a symmetric connection, which provides ample bandwidth for all use applications and a larger proposed rent payment.
On October 2, 2023, after the above-described Request for Proposal (RFP) process, the Council was set to consider the two (2) ISP proposals. Ultimately, due to concerns raised about the process by one of the proposing ISPs and questions about the end product, the Council directed staff to work with a third-party to ensure a robust and neutral process. The City later retained Spark Alliance to perform this work.
Subsequently, in April 2024, the City of Escalon (City) invited qualified, available and interested firms to submit written proposals to provide contracted installation and managed operations of a wireless networking internet services backbone. The stated project objectives from this RFP are:
- Improve Internet Access: Provide high-speed internet access to underserved areas of Escalon, enhancing connectivity for residents and businesses.
- Enhance Connectivity: Establish a reliable and secure wireless network backbone to support data transmission and communication.
- Promote Economic Development: Stimulate economic growth and development by providing businesses with access to high-speed internet services. - Support Municipal Services: Enable the City of Escalon to enhance its municipal services, such as public safety, emergency response, and administrative operations. - Ensure Compliance: Ensure compliance with all relevant regulations, including California state requirements for wireless networking and internet services.
Upon the close of the RFP period, the City received 10 proposals, which fall into various proposal types as outlined below.
- Five (5) "Project" proposals. These proposals from AirGap Labs, EZWave, Eaton, SmartWave and Calnet constitute an installation project, including the installation of equipment by the provider at the City's expense. The proposed cost of these proposals ranges from $62,000 to $380,000. The approach would then cost the City approximately $75,000 to $120,000 in annual maintenance and service. There is some potential to monetize this infrastructure.
- One (1) "Citywide Connectivity" proposal. This proposal from T-Mobile constitutes a private connection to T-Mobile's existing network at the City's cost, then a monthly service charge for the use of wireless internet throughout the City and greater connectivity to both physical buildings, remote locations and between physical locations (i.e. in-field connectivity). This proposal is from a nationally recognized provider which has a significant investment in their equipment, as well as outstanding customer service. T-Mobile anticipates charging the City $600 per month for internet service to all locations, to start. There are additional partnership opportunities associated with this proposal. - Two (2) No-Cost, No-Monthly Rate proposals. Proposals were received from Ayera and EzWave, two local companies, which utilize the City's vertical assets to improve their ability to serve the City with reliable and fast internet as well as their existing and future customers.
The City would like to explore rent or revenue sharing with these options. - One (1) "City is the ISP" proposal. This proposal from SmartFiber Networks sees the City fund a full network of equipment and other related materials at the anticipated cost of $1.99 million, which the City would own. The City could then become an ISP for residents, businesses and others in the area. As proposed, the City would recoup this initial investment through the monthly service charges to its future customers. There are additional partnership opportunities associated with this proposal.
- One (1) proposal was rejected for not addressing the needs outlined in the RFP.
Discussion:
On September 16, 2024, the City Council directed staff to further explore the "No-Cost, No-Monthly Rate" proposal type and begin discussions with the two proposers. Subsequently, City staff met with each proposer to discuss each proposal and to better understand the details. A synopsis of each proposal is below.
ezWave
Solution: Installation of a 10Gbps fiber optic line to city offices as well as a 10Gbps wireless option using non-line of sight technology (Tarana). Non-line of sight technology can provide greater reliability and strength, especially in situations where line of sight is blocked.
Other details: ezWave was not initially interested in a revenue share model. ezWave indicated they would consider a rental agreement of $800 / month with the City for use of the City's vertical assets.
Ayera
Solution: 5Gbps symmetrical wireless option for City Hall and 1Gbps for six (6) secondary locations, and up to 1 Gbps for up to 15 additional locations, using line of sight technology. Private Layer 2 connectivity between all city sites. Ayera technology uses high frequency waves which can produce faster speeds. They further offer enhanced redundancy at their data center site with fiber connectivity, which leverages third party national or regional fiber providers.
Other details: Ayera is offering a 15% revenue share agreement from all new accounts generated from the install of infrastructure as part of a future partnership.
Fiscal Impact:
The City current internet bills are approximately $885 per month or $10,600 per year. With either proposal before the Council the cost of internet will be reduced to SO. Further, either option will generate revenue through a lease term for vertical asset space or a revenue share model. ezWave proposes $800 / month or $9,600 / year for use of the City's vertical assets. The City's current lease agreement for vertical asset space is $950 / month or $11,400 / year. The revenue generated through a potential revenue share model would be dependent on the number of accounts activated via the partnership. The City would maintain 15% of the gross revenue from all new accounts.
Any generated revenue will go into the City's General Fund.
Attachments:
1. City of Escalon City Council Staff Report from September 16, 2024 meeting
2. Ayera Proposal Summary
ATACHMENT 2
ANTENNA LEASE AGREEMENT
This Antenna Lease Agreement ("Agreement") is entered into this day of _ 2025, between Ayera Technologies, Inc. (Lessee) and City of Escalon (Lessor), owners of the property designated in Leased Space. This Agreement will supersede any previous agreement in effect as of the Commencement Date.
1. The term of this Agreement shall be for five (5) years commencing on January 1, 2025 ("Commencement Date") and terminating on December 31, 2029 (the "Term") unless otherwise terminated as provided in Paragraph 6, or renewed as provided herein. Lessee shall have the right to extend the Term for up to three (3) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee or Lessor notifies the other party their intent to not renew at least 180 days prior to commencement of the succeeding Renewal Term.
2. Rent and Services provided to Lessor
a) Lessee shall pay to Lessor as rent ("Rent") the greater of:
i. Eight-Hundred and 00/100 Dollars ($800.00) per month for the first six months of the agreement and then Nine-Hundred Fifty and 00/100 Dollars ($950.00) per month thereafter (collectively, the "Fixed Rent Option"),
OR
ii. Fifteen Percent (15%) monthly commission of monthly recurring plan charges on all customers directly served by Leased Space locations ("Revenue Share Rent Option"), whichever one is higher.
Rent shall be payable to Lessor at 2060 McHenry Ave, Escalon, CA 95320
b) Lessee will, during the term of this Agreement and any option period, include a symmetrical 5-Gbps internet access service Lessor at no cost to Lessor to their 2040 McHenry Ave, Escalon, CA site location for Lessor's internal use and for use by authorized invitees. This connection and service may be used at no cost to Lessor for both Layer 2 connectivity to Lessor's various Secondary and Tertiary L2 Links as well as up to 5-Gbps and no less than 750 Mbps of symmetrical internet access service. A routable public IP subnet up to a /28 (13 assignable IPs) shall be included upon request.
c) Lessee shall include Layer 2 connections ("Secondary Site L2 Links") for the following specific Lessor sites:
a. City Hall
b. Community Center - Hogan Park
c. Wastewater Treatment Plant
1 d. City Animal Shelter
* City Corporate Yard
Weatherization Tower
Such Secondary L2 Links will connect back via a Layer 2 handoff to Lessor's equipment in their 2040 McHenry Ave, Escalon, CA site location.
Speed of individual Secondary L2 Links will be the lower of 1-Gbps or the maximum speed achievable with installed equipment, with a minimum of d) Lessee shall include Layer 2 connections ("Tertiary L2 Links") for up to sixteen (16) Lessor-designated locations, within Lessee's footprint. Such Tertiary L2 Links will connect back via a Layer 2 handoff to Lessor's equipment in their 2040 McHenry Ave, Escalon, CA site location. Speed of individual Site L2 Links will be the lower of 1-Gbps or the maximum speed achievable with installed equipment, with a minimum of 100-Mbps symmetrical speeds guaranteed.
e) Lessee's antennas, facilities, structures, foundations, condits and equipment and utilities that Lessee erects, installs andest uses on or under any of the Leased Space Locations, including all connections, Secondary Site L2 Links, and Tertiary L2 Links as described in this Section 2, as may be modified from time to time in accordance with this Agreement shall be referred to herein as Lessee's "Facilities." In connection with the Revenue Share Rent Option, Lessee shall accurately maintain, for a period not less than five (5) years following the close of a fiscal year, all records relating to the annual gross revenue from all sublessees for the rental, license or other occupancy agreement for the use of space and Facilities on or in any Leased Space Location.
Lessee shall maintain complete accounting records in accordance with generally accepted accounting principles. Lessor shall have the right, upon thirty (30) days advance notice, to inspect all such records and other like materials of Lessee that reasonably relate to the Revenue Rent Such records shall be made available to Lessor for
inspection at Lessee's regular place of business or such other mutually agreed location, but in no event outside the County of Sacramento, California. If such audit discloses an underpayment of the Revenue Rent Share Option, Lessee shall pay to Lessor, within thirty (30) days of written notice from Lessor, the amount of such underpayment, together with interest at the rate of twelve percent (12%) per year computed from the date Lessee should have made the payment. If the underpayment exceeds ten percent (10%) of the amount that should have been paid for any given calendar year, Lessee shall further reimburse the Lessor for the entirety of its audit costs, including, without limitation, auditor's cost and expenses, internal costs and expenses, and legal and other third party expenses. If an audit discloses an overpayment by Lessee, Lessor shall promptly refund the overpayment without interest, or advise Lessee in writing that it may credit it without interest against future Rent payments owed by Lessee. For purposes of this Section 2, an "underpayment" or "overpayment" shall consist of the difference between 2 the sum of the payments made by Lessee and the amounts that should have been paid by Lessee in a calendar year, as determined by the audit. g) Prior to the commencement of any Renewal Term, the parties shall meet and confer in good faith to evaluate additional increases to the Fixed 2(a) as adjusted by paragraph 2(a)(i) or (2) the fair market rate consistent time of the change in use.
3. Leased Space
This is a multi-site lease, with the following locations included as designated Leased Space ("Leased Space Locations"), each including indoor or outdoor rack, wall, or other suitable space ("Shelter Space") for Lessee's power and switching equipment, and up to 5 Amps of 120V (600W) power per month at each location paid for by Lessor via a nearby electrical outlet or panel. Any power used over the included amount will be paid monthly by Lessee at actual cost of power. In the event this monthly power usage amount materially increases, the parties shall meet and confer to modify Lessee's electrical usage payment obligations. Leased Space also includes sufficient space for fiber, Ethernet, and/or Low Voltage power cabling from antennas to Shelter Space at each Leased Space Location. Prior to commencing with the installation, construction, or modification of any Facilities, Lessee will provide Lessor with detailed plans and specifications for Lessor's review and approval. Lessor's approval may not be unreasonably withheld, conditioned, or delayed. Lessee may not install any Facilities or equipment or otherwise intensify, expand, or alter its use of any Leased Space Locations without Lessor's prior written consent, which may be granted or denied in Lessor's sole discretion. a) 2040 McHenry Ave, Escalon, CA 95320 ("Police Department").
Approximately 25 vertical feet of space on upper and/or middle portions of existing freestanding 120' tower for Lessee's various antennas and supporting equipment. Maximum Effective Projected area (EPA) of antennas shall not exceed twenty-four sq. ft. Approximate latitude / longitude of Police Department tower is 37.788766 / -120.995713. b) 2103 Main Street, Escalon, CA 95320 ("Corp Yard"). Approximately 12 vertical feet of space on upper portions of existing freestanding 50' tower for Lessee's various antennas and supporting equipment. Maximum Effective Projected area (EPA) of antennas shall not exceed eight soft Approximate latitude / longitude of Corp Yard tower is 37.791468 / - 120.989209. Lessee, if determined that structural stability and load capacity of tower is not adequate, at its sole option and with Lessor approval, may replace the existing freestanding 50' tower with a new 60 freestanding Rohn 45GSR tower. Lessor shall assist with obtaining anc pay for any required City permitting costs for the Corp Yard site, if outside aget cripe to searing perei, and Lesse shall as materials of installation costs for such a replacement tower, which will be Lessee's property during the Term of this Agreement, and will become the sole 3 property of the Lessor upon the expiration or earlier termination of this Agreement.
c) 1055 Escalon Ave, Escalon, CA 95320 ("Community Center"). Sufficient rooftop space for Lessee's non-penetrating base of type Rohn 25GBRN or similar and mast of type Rohn 25G or similar not to exceed 12' tall for Lessee's various antennas and supporting equipment. Lessee shall take care to ensure the visibility of installed mast and equipment is kept to a minimum from pedestrian common areas around the Community Center.
Community Center base and mast anticipated location's latitude/longitude is 37.803052 / 120.997473.
d) At Lessee's request, and with Lessor's explicit approval for each, Lessee may install a small cluster of antennas not to exceed 5 sq. ft in total area on any of the City's Tertiary L2 Link locations.
e) At Lessee's request, and with Lessor's explicit approval for each on a case by case basis, Lessee may install a small cluster of antennas not to exceed 3 sq ft in total area on the City's various light poles, traffic lights, or other vertical assets (Additional Vertical Assets") throughout the City.
Lessor's encroachment permit fees, if any, shall be waived for initial installation, ongoing maintenance, or removal of Lessee equipment on such Additional Vertical Assets, provided that Lessor's foregoing waiver of permitting costs will be limited to a maximum of $300 for each Additional Vertical Asset.
Installation, Maintenance and Operation of Equipment
Lessee shall be responsible for the cost of all installation expenses.
Lessor shall be responsible for all permit costs, if any, needed for the installation of Facilities or equipment in Leased Space Locations, provided that Lessor's contribution for permitting costs will not exceed $300. Lessee understands that cable runs may require roof, wall or parapet penetrations and that Lessee shall properly seal such penetrations.
b) Lessee's employees or designated contractors that climb the various masts at the Leased Space Locations must have Competent or Authorized Climber certification issued from a reputable Tower Safety & Rescue Training Program such as Comtrain. All appropriate safety measures must be taken when climbing masts.
c) Lessee will, during the term of this Agreement and any option period, have the right to ingress and egress with no less than 48 hours' notice to Lessor, except in the case of emergencies, in which case notice will be provided as soon as reasonably practicable. Such right shall be limited to authorized engineers of Lessee or persons under Lessee's direct supervision. Such approval shall not be unreasonably withheld. In the event any of the Leased Space Locations is restricted and/or locked by Lessor personnel, Lessee and its contractors, subtenants, sublessees, or invitees must use the Lessor's 4 gates and other access control devices as may be updated from time to time in the Lessor's sole discretion.
d) Lessee shall, at its sole cost and expense, repair any damage Lessee or its contractors, subtenants, sublessees, or invitees may cause to the Leased Space Locations. Upon Lessor's written request, Lessee shall repair any such damage at its sole expense within thirty (30) days of receipt of such notice. In the event Lessee damages the rooftop or roof support structures of any Lease Space Location, Lessee must comply with Lessor's roof warranty policy to complete the repair and shall use any qualified roofing contractor as specified by the roof warranty policy. If Lessee fails to comply with this Section, the Lessor may complete or cause to be completed the work, and Lessee shall reimburse Lessor for such invoiced costs within thirty (30) days of receipt.
5. Taxes
Lessor hereby provides notice pursuant to California Revenue and Taxation Code Section 107.6, and Lessee acknowledges that this Agreement may create a possessory interest and Lessee may be subject to property taxes levied on such interest, as described in California Revenue and Taxation Code Section 107. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Except as provided immediately below, Lessor shall pay all real property taxes attributable to the land. Lessee shall reimburse Lessor for any increases in real property taxes which are assessed as a direct result of Lessee's improvements to the land. As a condition of Lessee's obligation to pay such tax increases, Lessor shall provide to Lessee the documentation from the taxing authority, reasonably acceptable to lessee, indicating the increase is due to Lessee's improvements.
6. Termination
This Agreement shall be in effect for the dates and time periods stated herein.
Upon expiration or earlier termination of the Lease, Lessee will remove all equipment installed on the Leased Space Locations within 60 days without damage to Lessor's property. Any equipment or property remaining following the 60 day removal period shall be deemed abandoned by the Lessee and Lessor shall have the right to dispose of such property as it deems appropriate. Lessee shall repair any damage caused by its installation, maintenance or removal of its equipment and other personal property to the original building condition. During the term of the Agreement, Lessor will not grant a license to any other party which would interfere with Lessee's use of the premises as contemplated herein.
This Agreement may be terminated without further liability as follows:
a) By either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice.
5 b) By Lessor, for any reason, within 120 days of the start of this Agreement c) By Lessor if Lessee damages Lessor's property in any such way and does not repair within sixty (60) days of receipt of written notice.
7. Indemnification
To the furthest extent allowed by law, Lessee does hereby indemnify, hold harmless, and defend Lessor and its officers, officials, employees, agents and volunteers from any loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by Lessor, Lessee, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses) which may arise against Lessor by reason of any occurrence attributable to the construction, installation, operation or maintenance of Lessee's Facilities or Lessee's performance of, or failure to perform this Agreement. Except if caused by the gross negligence or misconduct of Lessor or its employees, agents or representatives, Lessor shall not have any obligations or liability with respect to the Lessee's Facilities or any obligation to comply with any current or future enacted laws or regulations relating thereto.
Lessee's construction, installation, maintenance and use of its Facilities shall be Insurance
Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Leased Space Locations and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of Leased Space Locations, all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within ten (10) days of written request by Lessor.
9. Assignment and Subletting
a) This Agreement, or the lease interest of Lessee in the Leased Space Locations, shall not be assigned by Lessee except with the prior written consent of Lessor which consent may be withheld in the Lessor's sole discretion. Requests for consent to assignments shall be submitted to Lessor to the address set forth in Section 2(a).
b) Lessee may, without Lessor's consent but upon at least sixty (60) days prior written notice to Lessor, from time to time assign this Agreement in its entirety (i) to any entity which has, directly or indirectly, a fifty-one percent (51%) or greater interest in Lessee (a "Parent"), or to any entity in which Lessee or a Parent has a fifty-one percent (51%) or greater interest. Any such assignment shall not be effective unless and until the assignee 6 executes and delivers to Lessor a written assumption of all Lessee's obligations under this Agreement.
c) Lessee shall not sublease any of the Leased Space Locations. Any authorized assignee shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment shall not be deemed consent to any subsequent assignment.
10. Prior Communications Facilities, Lessor Communications Systems; Noninterference
a) Lessee acknowledges and understands that there may be communications facilities on property upon which any Leased Space Location is located belonging to one or more third parties (referred to as the "Prior Users)") that have entered into an agreements) (the "Prior Use Agreements)") with Lessor, pursuant to which the Prior Users) has(ve) been permitted to install and operate communications equipment on Lessor's property. applicable, Lessee represents and warrants that prior to the execution of this Agreement, Lessee has determined that the Prior Users present no material interference with Lessee's intended use of any of the Leased Space Locations.
b) Lessee shall operate its Facilities in a manner that will not cause harmful interference to (i) Lessor's use of any of its property upon which any Leased Space Location is located, (ii) any equipment or facilities owned or operated by any government agency, or (iii) any communications equipment operated and/or owned by the Prior Users) as of the Commencement Date, provided that the Prior Users) operates its communications equipment in accordance with the terms of the Prior Use Agreements). If Lessee's Facilities cause such harmful interference, Lessee will immediately take all steps necessary to correct and eliminate the interference, including but not limited to, at Lessee's option, powering down such equipment and later powering up such equipment for intermittent testing. If such interference cannot be corrected or powered down within two (2) days after Lessee is advised of such interference, Lessor may require that Lessee cease (or cause the cessation of) operation of the interfering equipment until such interference can be so corrected at which time the operation of such equipment may resume. c) Lessee further acknowledges that Lessor assumes no risk or liability for any interference with Lessee's use of the Leased Space Locations which results from the operation of communications equipment on property upon which any Leased Space Location is located by the Prior User(s) under the Prior Use Agreements) and agrees that Lessor shall be held harmless from claims due to any such interference, pursuant to the indemnification terms set forth in Section 7 herein.
7 d) Lessor reserves the right to license or lease other portions of the property upon which any Leased Space Location is located to third parties during the Term and any Renewal Term, if applicable. Any subsequent third party operating communications facilities on any property upon which Lessee's Facilities are located shall be subject to non-interference obligations materially similar to those of Lessee set forth in this Section 10, such that those facilities will not operate in a manner that will cause harmful interference to Lessee's Facilities. If, subsequent to the installation of Lessee's Facilities at that Leased Space Location, the new third party equipment on the property causes harmful interference with the Lessee's Facilities, Lessee shall use its best efforts to resolve the interference issues in cooperation with the owner and operator of the new equipment without involving Lessor personnel. The parties recognize and agree that it is the intention of this Section 10 that Lessor not become embroiled in any disputes or proceedings between Lessee and any other users of the property upon which any Leased Space Location is located, and/or expend funds as a result No, there, Lesso thereof; therefore, Lessee agrees to indemnify, defend, and hold harmless the Lessor against any claim related to or arising from any disputes or proceedings between Lessee and any other users of the property upon which any Leased Space Location is located.
e) Should Lessee be notified by any government agency of any violation relating to the Leased Space Locations or Lessee's Facilities, it must share said notice with Lessor within five business days of notice and Lessee shall provide Lessor documentation from the government agency that Lessee has cured the default. Lessee shall indemnify Lessor and hold it harmless from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any interference caused by Lessee's failure to comply with FCC or FAA rules and regulations that is not curtailed within thirty (30) days after Lessee receives written notice of such interference from Lessor. Lessee shall be responsible for all costs associated with any tests deemed necessary to resolve any and all interference as set forth in this License. If such interference caused by Lessee's failure to comply with FCC or FAA rules and regulations has not been corrected within thirty (30) days after Lessee receives notice thereof from Lessor, Lessor may require Lessee to remove the specific items from the Facilities causing such interference. f) Nothing contained in this Section 10 or elsewhere in this Agreement is intended to confer any rights or remedies under, or by reason of this Agreement on, or waive any claims against, or adversely affect any rights of, any person or entity other than the parties hereto.
11. Miscellaneous
a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in witing and execuled by both 8 b) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
C) This Agreement shall be binding on and inure to the benefit of the successors, transferees of title, and permitted assignees of the respective parties.
d) This Agreement shall be governed by the laws of the State of California. e) In addition to compliance with specific laws otherwise described in this Agreement, Lessee shall comply, and will ensure that its contractors and representatives will comply, with all applicable regulations and requirements of the FCC and the California Public Utilities Commission, and all other applicable federal, state and local laws, ordinances, rules and regulations, including health and safety requirements, pertaining to the construction, installation, operation and maintenance of the Lessee's Facilities and work on the property upon which any Leased Space Location is located during the Term or any Renewal Term, and in conjunction with any activities undertaken on the property upon which any Leased Space Location is located by Lessee prior to the Commencement Date, or after expiration of this Agreement. Requirements of the federal Occupational Safety and Health Administration (OSHA) and the California Division of Occupational Safety and Health (CAL-OSHA), whichever is stricter, shall be adhered to at all times during any activities on property upon which any Leased Space Location is located by Lessee and its contractors or other representatives.
Lessee shall have a safety and injury prevention program in place for the construction, installation, operation and maintenance of its Facilities and work on the Leased Space Locations, if required by laws or regulations. If required by law or regulation, a copy of any such program shall be on the Leased Space Locations at all times
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above noted. Any notice or demand required to be given herein shall be made to the address of the respective parties set forth below:
Lessee: Lessor:
Ayera Technologies, Inc. City of Escalon
P.O. Box 576846 1060 McHenry Ave
Modesto, CA 95357 Escalon, CA 95320
Signature: Signature:
Name: Mathew Ford Name:
Title: CEO Title:
Date: Date:
9 ESCALON ITEM NO.
5 ₫
COUNCIL AGENDA ITEM
FOR JANUARY 6, 2025
Prepared By: Jaylen French, City Manager
Date: December 20, 2024
Subject: Consider Approving the Appointment of Councilmembers to the Established City of Escalon Council Committees and/or Commissions
Recommendation:
Consider and appoint Councilmembers to the established City of Escalon Council Committees and/or Commissions.
Background and Discussion:
Each January, after a General Municipal Election, the City Council considers and appoints councilmembers to the established City of Escalon Council Committees and/or Commissions to serve for the next two years.
Exhibits:
1. Council Appointments List
EXHIBIT1
LON
CITY OF ESCALON
PECORDAID MINI, 4:
CITY COUNCIL
APPOINTMENTS LIST
Reviewed & Approved 1/6/2025
2+2 CITY/SCHOOL DISTRICT
COMMITTEE
PROCESS:
Two Councilmembers, plus one Alternate to be appointed by the Mayor/City Council.
MEETING DATE & LOCATION:
TBD
Currently: 2nd Thursday of each month at 8:00 a.m.
TBD
Currently: Escalon Unified School District, 1520 Yosemite Avenue, Escalon Date Term
Incumbent Category Expires
Appointed
Andrew Hagan City Representative 01/17/2023 January 2025 Shawn Strohman City Representative 01/17/2023 January 2025 Malinda Walker City Alternate 01/17/2023 January 2025
2+2 CITY/FIRE DISTRICT
COMMITTEE
PROCESS:
Two Councilmembers, plus one Alternate to be appointed by the Mayor/City Council.
MEETING DATE & LOCATION:
TBD
TBD
Date Term
Representative Category Appointed
Expires
PERSONNEL COMMITTE
QUALIFICATIONS:
Two representatives to be appointed by the Escalon Mayor/City Council.
MEETING DATE & LOCATION:
Meets on an as needed basis.
Established on September 30, 2009 by the City Council to review personnel policies and guidelines and provide City Manager lirection to bring recommendations to the full Council for consideration. This committee has no jurisdiction over employees an annot recommend discipline of an employee, pursuant to the City's current form of government, as well as the establishe Personnel System Rules and Regulations, and negotiated Memorandum of Understandings.
City Hall
2060 McHenry Ave, Escalon CA 95320
Incumbent Date Term
Category Appointed Expires
David Bellinger City Representative 01/17/2023 January 2025 Jeremy Engle City Representative 01/17/2023 January 2025
CDBG (HUD) POLICY ADVISORY COMMITTE
PROCESS:
Two representative to be appointed by the Escalon Mayor/City Council.
MEETING DATE & LOCATION:
Meetings held on an as needed basis.
City Hall
2060 McHenry Ave
Escalon CA 95320
Date Term
Incumbent Category
Appointed Expires
Andrew Hagan City Representative 01/17/2023 January 2025 David Bellinger City Representative 01/17/2023 January 2025
CENTRAL VALLEY DIVISION
LEAGUE OF CALIFORNIA CITIES
EXECUTIVE COMMITTEE
PROCESS:
Representative and Alternate to be appointed by the Escalon Mayor/City Council.
MEETING DATE & LOCATION:
As needed. Regular meetings of the Executive Committee of the Division shall be held at such times and places as the President or the Executive Committee may direct.
Date Term
Incumbent Category Expires
Appointed
Shawn Strohman City Representative 01/17/2023 January 2025 David Bellinger City Alternate 01/17/2023 January 2025
INTEGRATED WASTE MANAGEMENT
COMMITTEE
PROCESS:
Representative and Alternate to be appointed by the Escalon Mayor/City Council. Membership is comprised of an elected Council member from each of the cities in San Joaquin County and a member of the Board of Supervisors.
MEETING DATE & LOCATION:
Meetings held as needed.
Conference Room
1868 East Hazelton
Stockton, CA 95205
Date Term
Incumbent Category Appointed Expires
Andrew Hagan City Representative 01/17/2023 January 2025 Shawn Strohman City Alternate 01/17/2023 January 2025
LOCAL AGENCY FORMATION COMMISSION (LAFCO)
PROCESS:
Board of Supervisors selects two LAFCo Commissioners from their own membership. City Selection Committee consisting have an Alternate Member selected in the same manner. Representative to be appointed by the Escalon Mayor/City Council.
MEETING DATE & LOCATION:
2nd Thursday of each month at 9:00 a.m.
Board of Supervisors Chambers
44 N. San Joaquin Street, 6TH Floor
Stockton, CA 95205
Incumbent Date Term
Category Appointed Expires
NONE City Representative
Escalon will rotate off the Commission 5/03/2021 and will not be rotated back on until May 7, 2029.
SAN JOAQUIN COUNTY
ADVISORY WATER COMMISSION
PROCESS:
Representative and Alternate to be appointed by the Escalon Mayor/City Council, then confirmed/approved by the San Joaquin Board of Supervisors. Term lengths are 4 years.
MEETING DATE & LOCATION:
3rd Wednesday of each month at 1:00 p.m. or special meetings if required.
Public Health Conference Room
1601 E. Hazelton
Stockton, CA 95205
Date Term
Incumbent Category Appointed Expires
Jeremy Engle City Representative 01/17/2023 02/25/2024
Malinda Walker City Alternate 01/17/2023 02/25/2024
SAN JOAQUIN COUNCIL OF GOVERNMENTS (SJCOG)
BOARD OF DIRECTORS
PROCESS:
The Board of Directors is composed of city council members and county supervisors, appointed by the member jurisdictions.
Supplementing these voting members are advisory representatives from Caltrans District 10, San Joaquin Regional Transit District, and the Port of Stockton. Board members serve multi-year terms and may be reappointed. The chair and vice-chair, elected by voting members of SJCOG, serve one-year terms. Representative to be appointed by the Escalon Mayor/City Council.
MEETING DATE & LOCATION:
4'h Thursday of the month at 4:00 pm (Executive Committee - 3rd Friday of every month at 12:00 p.m.) SJCOG Regional Center
555 E. Weber Avenue
Stockton, CA 95202
Date Term
Incumbent Category Appointed Expires
David Bellinger City Representative 01/17/2023 January 2025
SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT CITY
SELECTION COMMITTEE
PROCESS:
The Special City Selection Committee consists of one member selected by a majority vote of the council of each city located within the District. An alternate can be selected to attend if the primary member is unable to attend a meeting. Representative and Alternate to be appointed by the Escalon Mayor/City Council MEETING DATE & LOCATION:
Meetings are called on an as needed basis. Meetings are teleconferenced between the following three locations:
Fresno Office Modesto Office Bakersfield Office
1990 E. Gettysburg Ave 4800 Enterprise Way 34946 Flyover Court Fresno, CA 93726 Modesto, CA 95356 Bakersfield, CA 93308 Category Date Term
Incumbent
Appointed Expires
Andrew Hagan City Representative 01/17/2023 January 2025 David Bellinger City Alternate 01/17/2023 January 2025