Agenda — Escalon City Council, February 3, 2025

ESCALON

CALIFORNIA AGENDA

CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF FEBRUARY 3, 2025

TO CENTRAI
City Council Chambers, 2060 McHenry Avenue - 7:00 P.M.

Additional venue GoToMeeting # 1 (408)650-3123 Access Code: 323-691-381 Beginning Resolution No. 02-25
Beginning Ordinance No. 599
Beginning Minute Order No. 06-2:

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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

1. Proposed Fiber Optic Network Installation Project by Unwired Broadband

CONSENT CALENDAR

2. Approve Minutes from the Meeting of January 15, 2025

3. Approve Minutes from the Meeting of January 21, 2025

4. Approve Register of Demands for the Month of January 2025 in the Amount of $226,852.71 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.

STAFF COMMUNICATIONS & UPDATES

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

5. Liberty Business Park Plan Area Fee Program (This public hearing will be opened and then continued to the March 3, 2025 Regular Meeting of the Escalon City Council)

ADMINISTRATIVE MATTERS

6. Consider Changes to Escalon's Fireworks Booth Lottery System

7. Agenda Item Request - Kurt Danzinger - Reconsider Adopted Final Engineer's Report for Fiscal Year 2024-2025 for the Belleterra Estates Landscape and Maintenance District

COUNCIL COMMUNICATIONS

CLOSED SESSION

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 Councilmember(s). 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
I, 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 Tuesday, February 3, 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 30, 2025.

Escalon City Hall City of Escalon Website
2060 McHenry Avenue www.cityofescalon.org
Escalon, CA 95320
Dated: Thursday, January 30, 2025 Michele Bates
Michele Bates, Deputy City Clerk
ASCALON ITEM NO.
2 CAUFORALA

COUNCIL AGENDA ITEM
FOR DECEMBER 16, 2024
Prepared By: Michele Bates, Deputy City Clerk
Date: January 28, 2025
Subject: Review and Approve the Minutes
Recommendation:

Approve the Minutes from the Special Meeting of January 15, 2025

ASCALON MINUTES

CALIFORNLA CITY COUNCIL OF THE CITY OF ESCALON
SPECIAL MEETING OF JANUARY 15, 2025

O CENTR
CALIFORN Escalon Police Department, 2040 McHenry Avenue - HESPORTED MARGARE 4:00 PM
PRESENT: Mayor Andrew Hagan
Mayor Pro Tem Malinda Walker
Councilmember Jeremey Engle
Councilmember Shawn Strohman
Councilmember Jeff Kay
STAFF PRESENT: Jaylen French, City Manager (CM)
Celinda Bickner, Finance Director/HR Administrator (FDHRA) Juston Collins, Public Works Superintendent (PWS)
Robert Hardgraves, Chief of Police
Frank Splendorio, City Attorney
Michele Bates, Deputy City Clerk

DISCUSSION
Each councilmember provided remarks on what prompted them to run for City Council and what about the City is most important to them.

Councilmembers then described the issues that they felt were most important or impactful to the businesses and residents of the City of Escalon.

City staff reviewed other City Strategic Plans to provide a sense of the approach for these efforts. The Departments then reviewed their preliminary 2025 work plans.

Councilmembers and staff then held a discussion regarding the areas of focus for the City and the riorities which should be worked on in the coming years. Staff will compile these initial thoughts an repare a draft report for Council's consideration at a future council meeting

PUBLIC COMMENT

ADJOURNMENT
Mayor Hagan adjourned the meeting at 7:00 pm
Respectfully Submitted,
Michele Bates, Deputy City Clerk
ESCALON ITEM NO. 3

STEN CONTIN

CATTORN

COUNCIL AGENDA ITEM
FOR DECEMBER 16, 2024
Prepared By: Michele Bates, Deputy City Clerk
Date: January 28, 2025
Subject: Review and Approve the Minutes
Recommendation:

Approve the Minutes from the Special Meeting of January 21, 2025

ASCALON MINUTES

CALIFORNLA CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF JANUARY 21, 2025
1O GENT City Council Chambers, 2060 McHenry Avenue -7:00 P.M.

INCORPORATED MARCH 12,1957
Beginning Resolution No. 02-25
Beginning Ordinance No. 599
Beginning Minute Order No. 06-25
PRESENT: Mayor Andrew Hagan
Mayor Pro Tem Malinda Walker
Councilmember Jeremey Engle
Councilmember Shawn Strohman
Councilmember Jeff Kay
STAFF PRESENT: Jaylen French, City Manager (CM)
Celinda Bickner, Finance Director/HR Administrator (FDHRA) Juston Collins, Public Works Superintendent (PWS)
Robert Hardgraves, Chief of Police
Frank Splendorio, City Attorney
Michele Bates, Deputy City Clerk
COUNCILMEMBER ABSENT: Jeremy Engle

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 January 6, 2025

2. Approve the Register of Demands for January 21, 2025 in the amount of $1,596,533.57

3. Consideration of Final Acceptance of the Valdapena Way Waterline, ADA Ramps, & Road Improvement Plan, Between Riesling Way and Sanchez Way and Authorize the Deputy City Clerk to File the Notice of Completion.

4. Reject Bids for Library Roof Replacement and Wall Repair Project.

MOTION - it is m/s by STROHMAN/WALKER that items 1-3 of the consent calendar be approved with amendments to Item 1. Motion carried 4-0. MINUTE ORDER 03-25 Item 4 was pulled from the Consent Calendar for discussion. Councilmember Strohman inquired about reimbursement from the County for public work's time on the project. CM French responded that the City agreed to manage the project on their behalf. Councilmember Strohman requested in the future to include the bid spreadsheet in staff reports and inquired if the County will cover anything over their budget. CM French and PWS Collins have already spoke with County and City of Stockton about this project going back out to bid.

MOTION - it is m/s by STROHMAN/WALKER that Item 4 be approved as presented. Motion carried 4-0. MINUTE ORDER 04-25

STAFF REPORTS

5. January Staff Updates
a. Treasurer's Report for December
b. Police Department Report for December
c. Animal Control Report for December
d. Recreation Department Report for December
e. Development Services Report for December
f. Public Works Report for December
g. Building Department Report for December
h. Water Department Report for December
i. Waste Water Treatment Plant Report for December
j. City Manager's Report (verbal)
FDHRA Bickner reported on December's treasure report and statement of cash.

Chief Hardgraves reported on a new officer starting in February with three (3) additional reserves being processed.

PWS Collins updated Council on the Valdapena Project with a slideshow. Councilmember Strohman inquired about speedbumps on Valdapena. PWS Collins responded that they found that street was short and did not warrant speedbumps. CM French informed Council about the new Traffic Calming Program in which residents can make requests for traffic calming measures, which would be evaluated by the City.

PWS Collins reported that the Dent Sidewalk project is moving forward and on schedule.

CM French updated Council on the open position for the Planning Commission and publicly thanked Mark Sarkozy for his years of service on the Planning Commission.

CM French updated on Council's request regarding information on charter cities. CM French and legal are researching options and a presentation will be given sometime in May. In regards to the railroad and safety issue on 120/McHenry, CM French stated that conversations have been had with engineering and CUPC.

Recommendations will be given soon. Regarding the request for a second community meeting for the Murphy Ranch project, CM French suggested a workshop with the Council, Planning Commission and the public to share their thoughts and ask questions prior to the approval process. Lastly, CM French reported on an agenda request from the public for the Belle Terra LLD and to reconsider the language in the engineer's report.

Resident Kurt Danzinger commented on the Belle Terra agenda item and requested the date be moved up due to a personal matter. He would also like updates on the water and sewer reports in staff communications. He also commented on the charter city matter and cautioned Council on the cons that would affect the City.

Resident Betty Bennett had concerns about Bill SB1037. She feels the community needs to be informed how this bill will affect growth in the city. Councilmember Stroman requested that staff explain the new housing laws/state mandates to the community at the workshop scheduled for February.

MATTERS PRESENTED FROM THE AUDIENCE
Resident Kurt Danzinger presented his updated agenda item request to Council regarding the Belle Terra LLD and review of the engineers report and his concerns. Mr. Danzinger had concerns about the meeting/workshop held on January 15 and how the public was notified about it.

CM French responded to Mr. Danzinger's concerns and informed that the workshop/meeting was for strategic planning and Council setting priorities. An item will come back at a regularly scheduled meeting to consider a strategic plan. Concerning Mr. Danzinger's request to move up his agenda item, CM French stated he wants to make sure Council is fully informed before the matter is presented and not rushed.

Council would like to hear it at the February 3rd meeting if possible.

PUBLIC HEARINGS

6. Receive AB1600 Fee Report FY 2023-2024
FDHRA Bickner reviewed the annual and five (5) year report with Council regarding impact fees, state standards, statutes and where funds are being used. Councilmember Strohman asked if there had been any major changes between this year's report and prior years. FDHRA Bickner explained that the prior report was rather short, not requiring much. She stated that the State changed their requirements Public Hearing opened at 7:50 p.m.

Resident Kurt Danzinger spoke of the connection fees being the life of the City and suggested that report be shown to audience members.

Public Hearing closed at 7:52 p.m.

CM French responded that those reports are available in the agenda packet for the audience to MOTION - m/s by STROHMAN/WALKER that Resolution XX-25 of the City Council of the City of Escalon Accepting the Annual AB1600 Report of Development Impact Fee Activity Fiscal Year 2024.

Motion carried 4-0. RESOLUTION 01-25

7. Liberty Business Park Plan Area Fee Program (This public hearing will be opened and then continued to the February 3, 2025 Regular Meeting of the Escalon City Council) CM French stated that the Liberty Business Plan Area Fee discussion will immediately be continued to the February 3rd meeting and this will notice the public of the continuance.

ADMINISTRATIVE MATTERS

8. Appoint Recreation Commission Applicants to the Three (3) Expired Seats on the Recreation Commission
CM French noted there are three (3) vacancies on the Recreation Commission and had four (4) individuals apply. Interviews were held at the November 18, 2024 meeting. There was a code section change specifically regarding residency requirements for Commissioners. An Ordinance change was approved by Council.

Mayor Pro Tem Walker nominated Stephanie Hogan. Nomination seconded by Mayor Hagan.

Councilmember Strohman amended the nomination to include Matthew Showalter and Dan Bauer.

Mayor Pro Tem seconded the nomination.

Nominations were approved and carried by a 4-0 vote.

9. Fiscal Year 2024-25 Mid-Year Budget Report
FDHRA Bickner presented a slideshow and reported on the budget explaining where and how the money is being spent.

Mayor Hagan thanked Bickner for all her hard work and for being so diligent.

Councilmember Strohman requested that the report be posted on the website. He also appreciates her hard work and that it does not go unrecognized.

Public Hearing Opened at 8:16 p.m.

Resident Kurt Danzinger thanked Ms. Bickner for her work and asked for clarification regarding the General and Enterprise funds, which FDHRA Bickner explained for him. He inquired about the inter-fund loans and if they were included in the budget shortfall and Bickner explained the loans are being accounted for.

Public Hearing closed at 8:19 p.m.

MOTION - m/s WALKER/KAY to Approve Fiscal Year 2024-25 Mid-Year Budget. Motion carried 4-

0. MINUTE ORDER 05-25

10. Vac-Con Sewer Vacuum Truck Lease-Purchase Agreement FDHRA Bicker explained that Public Works is in need of a new truck that can be financed at a reduced price. She presented a loan payment schedule showing when the vehicle could be paid off. PWS Collins stated that they have the opportunity to save approximately $150,000.00 - $170,000.00. CM French stated there are a few legal items to review regarding the lease agreement and any approval would done through Resolution.

Received approval from Council (4-0) to move forward

COUNCIL COMMUNICATIONS
Councilmember Kay commented on the Recreation Staff report showing that flag football registrations went from 24-74 in a single season and how amazing it is to see how many girls have been added to the program. He enjoyed spending time with CM French and PWS Collins touring the City and learning how everything functions. He encouraged citizens to do the same. Lastly, he congratulated Officer Palomino on his service throughout last year and to keep up the good work.

Councilmember Strohman commented on the mid-year budget and realized it came with some sacrifice of the Departments, staff and others within the City and would like the department heads to pass along that Council understands this but feels the right thing to do. He reiterated that he knows how hard FDHRA Bicker has been working and personally thanked her for everything she is doing for the City. He congratulated Stephanie Hogan and Matthew Showalter on their appointments to the Recreation Commission and how impressed he was by their interviews. He feels they have the ability to expand the program and offered the Council's support. He thanked residents Betty Bennett and Kurt Danzinger for their input regarding the housing issues. Councilmember Strohman acknowledged resident Danzinger's passion for LLD's and wants to hear what he has to say and understand how it affects the neighbors in Belle Terra.

Mayor Pro Tem Walker stated that she also enjoys the flag football program and seeing how many girls have participated this year. She realizes there has been a lot a foot traffic at Hogan field and that it has not been overlooked. She congratulated the new Recreation Commissioners and hopes they will pump new lifeblood into the City programs.

Mayor Hagan thanked staff for all their efforts and feels they are doing an incredible job. He encouraged the new Recreation Commissioners to be more proactive than Recreation Boards in the past. He mentioned too many meetings were cancelled in the past and feels there is always something to present and talk about.

ADJOURNMENT
Mayor Hagan adjourned the meeting at 8:33 p.m.

Respectfully Submitted,
Michele Bates, Deputy City Clerk
ESCALON ITEM NO.
4 CALIFORNTA
STEFVE

TO CENT

COUNCIL AGENDA ITEM
FOR FEBRUARY 3, 2025
Prepared By: Celinda Bickner, Finance Director
Date: January 28, 2025
Subject: Approval of Register of Demands - February 3, 2025 for $226,852.71 Recommendation:

Approval of Register of Demands for the amount of $226,852.71 for the period beginning January 14, 2025 and ending January 28, 2025 pursuant to the Fiscal Year 2024-25 Budget adopted on 6/17/2024.

Attachments
Attached is the check register for the period beginning January 14, 2025 and ending January 28, 2025 in which items were paid in conformity with City policies and procedures from available funds. 1/28/2025 9:34 AM A/P HISTORY CHECK REPORT PAGE: 1
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 1/14/2025 THRU 1/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT ARCO2 ARCO BUSINESS SOLUTIONS
1-20250115T1761000AR FUEL 1/28/2025 3,749.45 001262 3,749.45

CALOB CALIFORNIA AIR RESOURCES BOARD
I-202501275114 (1) CARB FEE 2025 D 1/28/2025 31.18 001263 31.18 FR003 FRONTIER COMMUNICATIONS
I-202501245099 MONTHLY 911 TELEPHONE 1/28/2025 83.50 001264 83.50 MOD03 MODESTO IRRIGATION DISTRICT
I-202501245097 MODESTO IRRIGATION DISTRICT 1/28/2025 12,468.57 001265 12,468.57 PACO2 PACIFIC GAS AND ELECTRIC
I-202501275109 PACIFIC GAS AND ELECTRIC D 1/28/2025 18,556.31 001266 18,556.31 VISO1 VISA
I-ANDOH012025 BLUEHOST/SUPPLIES D 1/28/2025 27.85 001267 I-COLLINS012025 BACKPACK BLOWER/CHAINSAN D 1/28/2025 3,771.31 001267 I-HARDGRAVES012025 TRAVEL/LODGING/ (50) USB D 1/28/2025 2,055.10 001267 I-RICHMOND012025 2025 CALENDARS/BATTERY BACKUP 1/28/2025 1,019.36 001267 6,903.62 AME03 AMERICAN PAVEMENT SYSTEMS, INC.

I-5520R PAVEMENT RESTORATION PROJECT R 1/28/2025 23,776.99 081901 23,776.99 ARDO1 ARDURRA GROUP INC
I-157908 PROJ#24168 YOSEMITE SIDEWLK R 1/28/2025 1,286.30 081902 I-159337 PROJ#24119 DENT SCHOOL SIDEWLK R 1/28/2025 10,170.00 081902 I-159341 PROJ#23128 VALDEPENA WATERLINE R 1/28/2025 11,602.50 081902 I-159354 PROJ#21163MAIN ST SIDEWL.K/CURB R 1/28/2025 7,965.00 081902 I-159375 PROJ#22168 WELL 1A R 1/28/2025 1,235.00 081902 I-159419 PROJ#24118 IRWIN WATERLINE R 1/28/2025 1,755.00 081902 I-159421 PROJ#24125 MURPHY RANCH R 1/28/2025 1,380.00 081902 I-159448 PROJ#24146COUNTRYWOOD COTTAGES R 1/28/2025 855.00 081902 36,248.80 ARE03 AREVALO, ONAIDY SOLIS
I-202501275104 BASKETBALL REFEREE 1/18/25 R 1/28/2025 33.00 081903 33.00 BSK01 BSK ASSOCIATES
I-0108398 PROFESSIONAL SRVCS DEC 2024 R 1/28/2025 1,230.25 081904 1,230.25 CAL13 CALNET
I-000022892195 SCADA PHONE LINE R 1/28/2025 143.06 081905 143.06 1/28/2025 9:34 AM A/P HISTORY CHECK REPORT PAGE: 2
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 1/14/2025 THRU 1/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT CONO1 CONTRA COSTA CO SHERIFF'S OFFI
I-202501275113 FTO REGISTRATION 2/10-2/14/25 R 1/28/2025 204.00 081906 204.00 CSG01 CSG CONSULTANTS INC
I-59577 PLAN CHECK & INSPECTIONS R 1/28/2025 3,322.00 081907 I-59696 PLAN CHECK & INSPECTIONS R 1/28/2025 172.50 081907 I-B242157 PLAN CHECK & INSPECTIONS R 1/28/2025 1,514.81 081907 I-B242347 PLAN CHECK & INSPECTIONS R 1/28/2025 4,613.25 081907 I-F241551 PLAN CHECK & INSPECTIONS R 1/28/2025 405.00 081907 10,027.56 DATO3 DATA TICKET INC
I-174559 MONTHLY DAILY CITATIONS R 1/28/2025 211.16 081908 211.16 DEPO3 DEPARTMENT OF JUSTICE
I-791500 (5) BLOOD ALC ANALYSIS R 1/28/2025 175.00 081909 I-791532 (1) BLOOD ALC ANALYSIS R 1/28/2025 35.00 081909 210.00 DIRO3 DIRT DYNASTY, INC.

I-3047RET ESCALON PEDESTRIAN CROSSING R 1/28/2025 15,313.06 081910 15,313.06

ESCOB ESCALON FEED & SUPPLY
I-172814 WEED WHACKER GAL/ ACTIVATOR R 1/28/2025 341.19 081911 341.19 FARO1 FARMER'S BLACKSMITH & WELDING
I-751381 BLASTER/PINS/HAIR PINS R 1/28/2025 18.91 081912 18.91 FGL01 FRUIT GROWERS LABORATORY INC
I-530328A DRINKING WATER TESTING R 1/28/2025 216.00 081913 I-530422A DRINKING WATER TESTING R 1/28/2025 35.00 081913 I-530423A DRINKING WATER TESTING R 1/28/2025 95.00 081913 I-530424A DRINKING WATER TESTING R 1/28/2025 127.00 081913 473.00 GECO1 GECK, NICHOLAS
I-202501275110 MEALS/TRAINING 2/3-2/1/25 R 1/28/2025 270.00 081914 270.00 GOR01 GORDON, ROGER
I-20251 GRAZING FOR WEED CONTROL WWTP 1/28/2025 2,000.00 081915 2,000.00 GRE06 GREEN VALLEY TREE SERVICE, INC
I-6336 STUMP GRINDING/CLEAN UP R 1/28/2025 600.00 081916 600.00 GR002 GROVER LANDSCAPE SERVICES INC
I-0333756 REPLACED BROKEN SPRINKLERS R 1/28/2025 310.02 081917 310.02 1/28/2025 9:34 AM A/P HISTORY CHECK REPORT PAGE: 3
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 1/14/2025 THRU 1/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT No STATUS AMOUNT H2H01 MICHAEL ANTHONY HERRERA
I-3161 HVAC SERVICE-COMMUNITY CENTER R 1/28/2025 750.00 081918 750.00 HEN05 HENLEY PACIFIC, LIC
I-138390 OIL CHANGE - 2006 FORD CH R 1/28/2025 63.92 081919 I-138405 OIL CHANGE - 2012 HONDA CH R 1/28/2025 75.85 081919 139.77 HOL07 HOLBACK, TYLIANN
I-202501235094 BASKETBALL REFEREE 1/18/25 R 1/28/2025 49.50 081920 I-202501275118 BASKETBALL REFEREE 1/25/25 R 1/28/2025 49.50 081920 99.00 INFO1 INFOSEND INC
I-279499 LEFTOVER SERVICE GUIDES R 1/28/2025 29.92 081921 29.92 JONO1 JONES, CONNOR
I-202501275102 BASKETBALL REFEREE 1/18/25 R 1/28/2025 66.00 081922 I-202501275116 BASKETBALL REFEREE 1/25/25 R 1/28/2025 49.50 081922 115.50 JON02 JONES, CARLI
I-202501275103 BASKETBALL REFEREE 1/18/25 R 1/28/2025 66.00 081923 I-202501275120 BASKETBALL REFEREE 1/25/25 R 1/28/2025 49.50 081923 115.50 JUMO1 JUMAOAS, SEAN
I-202501275111 MEALS/TRAINING 2/10-2/14/25 R 1/28/2025 345.00 081924 345.00 LANO1 LANDMARK HEALTHPLAN OF CA INC
I-202501245098 LANDMARK HEALTHPLAN OF CA INC R 1/28/2025 222.02 081925 222.02 LAN04 LANGUM, ZACHARY ANTHONY
I-202501275105 BASKETBALL REFEREE 1/18/25 R 1/28/2025 66.00 081926 66.00 MARO4 MARTIN, NOAH
I-202501245100 BASKETBALL REFEREE 1/18/25 R 1/28/2025 49.50 081927 49.50 MCD01 MCDOWELL & DAVIS TOWING & AUTO
I-13320 SMOG INSPECTION- HONDA INSIGHT R 1/28/2025 56.75 081928 56.75 MIDO2 MIDNIGHT ELECTRIC MOTORS
I-V1030 LOUIS ALLIS 10HP, 1800RPM R 1/28/2025 928.02 081929 928.02 MIS02 MISSION LINEN SUPPLY
I-523134161 RUG/TOWEL/UNIFORM-PW R 1/28/2025 103.84 081930 I-523134166 RUG/TOWEL/UNIFORM-COMM CTR R 1/28/2025 31.56 081930 I-523134170 RUG/TOWEL/UNIFORM-CH R 1/28/2025 39.35 081930 I-523178414 RUG/TOWEL/UNIFORM-PW R 1/28/2025 76.24 081930 250.99 1/28/2025 9:34 AM A/P HISTORY CHECK REPORT PAGE: 4
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 1/14/2025 THRU 1/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT MOR02 MORTENSON, AMANDA
I-202501245101 BASKETBALL REFEREE 1/18/25 R 1/28/2025 82.50 081931 I-202501275117 BASKETBALL REFEREE 1/25/25 R 1/28/2025 49.50 081931 132.00 MOTOS DAVID R. BALL
I-202501275112 PD MOTORCYCLE TRAINING-GECK R 1/28/2025 1,200.00 081932 1,200.00

NEXOS NEXT LEVEL PARTS, INC
I-15892-67606 BATTERY-VACTOR R 1/28/2025 246.55 081933
1-15892-67692 SCRICH REMOVAL KIT/CONDT. DISCS R 1/28/2025 42.71 081933 289.26 PACO1 PACIFIC STATES PETROLEUM
I-JAN602-IN 520 GALLON FUEL TANK RENTAL R 1/28/2025 177.73 081934 177.73 PACO3 AT&T
I-202501275115 MONTHLY TELEPHONE R 1/28/2025 206.04 081935 206.04 PET03 PETERS, ROGER G
I-202501275107 CONCRETE POUR & FINISH SIDWALK R 1/28/2025 500.00 081936 500.00 PLO1 PL CONCRETE PRODUCTS
C-7004059 PEA GRAVEL R 1/28/2025 66.81CR 081937
C-7004159 (2YD) CART-AWAY R 1/28/2025 426.69CR 081937
C-7004491 SAND BAGS R 1/28/2025 115.31CR 081937
I-7004441 SAND FOR SAND BAGS R 1/28/2025 571.08 081937
I-7004491 (300) SAND BAGS R 1/28/2025 210.11 081937
I-7005004 (3YD) SANDY LOAM TOP SOIL R 1/28/2025 174.56 081937 I-7005318 (1YD) CART AWAY R 1/28/2025 176.17 081937
I-7005348 (1. SYD) ROCK ROADBASE R 1/28/2025 113.14 081937 I-7005387 (2) REBAR R 1/28/2025 17.24 081937
I-7005388 (.50YD) ROCK ROADBASE R 1/28/2025 37.71 081937 I-7005420 (3CY) 5.5 SACK 50/50/SHORTLOAD R 1/28/2025 671.69 081937 I-7005564 (1. 5YD) SANDY LOAM TOP SOIL R 1/28/2025 87.28 081937 1,450.17 RBC01 CORE & MAIN LP
I-V273107 36 JOINT NUT & GASKET 1" PIPE R 1/28/2025 911.64 081938 911.64 RES01 PITNEY BOWES BANK INC RESERVE
1-202501275121 POSTAGE R 1/28/2025 1,500.00 081939 1,500.00 ROL01 ROLAND, JOCELYN E
I-23587 PRE-EMP PSYCHOLOGICAL EXAM R 1/28/2025 500.00 081940 500.00 1/28/2025 9:34 AM A/P HISTORY CHECK REPORT PAGE: 5
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 1/14/2025 THRU 1/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT RUD01 RUDD, DELVEKIO
I-7-2425 JAN BBALL REES/FEB ASSIGN FEE R 1/28/2025 2,630.00 081941 2,630.00 SAN12 SAN JOAQUIN VALLEY AIR POLLUTI
I-369317 AGRICULTURAL, BURN PERMIT R 1/28/2025 40.00 081942 I-N167598 ANNUAL PERMIT-2310 CALIFORNIA R 1/28/2025 143.00 081942 I-N167599 ANNUAL, PERMIT-1559 ROOSEVELT R 1/28/2025 290.00 081942 I-N167600 ANNUAL PERMIT-1470 ULLEY AVE R 1/28/2025 143.00 081942 616.00 SEC02 SECRETARY OF STATE
I-202501275106 NOTARY EXAM- TREJO R 1/28/2025 40.00 081943 40.00 SSJ01 SOUTH SAN JOAQUIN GROUNDWATER
I-ESCALON 202404 SSJGSA EXPENSES 10/01-12/31/24 1/28/2025 2,736.57 081944 2,736.57 STAO1 STAPLES BUSINESS CREDIT
I-7003887522 NAME PLATES/CALENDARS/PENS R 1/28/2025 310.91 081945 310.91 STA10 STATE WATER RESOURCES CONTROL
I-IW-1049930 REGULATORY FEES R 1/28/2025 21,428.74 081946 21,428.74 STR01 STRAND ACE HARDWARE INC.

I-665796 (2) PAINT MARKER/ YIW & WHT R 1/28/2025 15.06 081947 I-666569 (2) LYSOL R 1/28/2025 21.53 081947
I-666823 BALL VLV/THREAD SEAL TAPE R 1/28/2025 18.73 081947 I-666854 AA BATTERY/TAPE/PAPER TOWELS R 1/28/2025 62.20 081947 I-666862 BAR 7 CHAIR OIL/ HE OIL R 1/28/2025 43.08 081947 I-666878 CLAW HAMMER/HAMMER DRILLING R 1/28/2025 54.93 081947 I-666999 PIPE/PVC COUP/ELBOW/BUSHING R 1/28/2025 69.16 081947 I-667009 PIPE/RISER/SWING ST ELBOW R 1/28/2025 46.16 081947 I-667028 (2) ACE DUPLEX NAIL R 1/28/2025 17.22 081947
I-667029 (6) GRADE STAKE/MIW RECIP 8PC R 1/28/2025 36.00 081947 I-667039 PIPE/RISER/CAP PVC/COUPLE R 1/28/2025 30.67 081947 I-667064 (2) SCISSOR CLAMPS R 1/28/2025 37.90 081947
I-667071 HOSE/HEAD LAMP/WIRE GALV/COUPL R 1/28/2025 146.06 081947 I-667121 (4) WATER STAIN REMOVER R 1/28/2025 77.54 081947 I-667172 SCOUR PAD HVY DIX/SPONGE SCRB R 1/28/2025 14.18 081947 I-667232 (1) TAPE/NEEDLE INFLATORS R 1/28/2025 12.26 081947 I-667238 (2) WHISTLES R 1/28/2025 9.89 081947
I-667271 (1) DUR BATTERY 2 PK R 1/28/2025 18.31 081947 730.88 TYL01 TYLER TECHNOLOGIES
1-025-491016 UTILITY BILL NOTIFICATIONS 1/28/2025 285.00 081948 I-025-491572 INSITE FEES-UTILITIES R 1/28/2025 2,801.75 081948 3,086.75 1/28/2025 9:34 AM A/P HISTORY CHECK REPORT PAGE: 6
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 1/14/2025 THRU 1/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT No STATUS AMOUNT USA10 HD SUPPLY INC
I-INV00587508 CHLORINE REAGENT 100PK R 1/28/2025 48.32 081949 48.32 VAL11 VALLEY PACIFIC PETROLEUM SERVI
I-CL 25-841547 FUEL R 1/28/2025 1,058.93 081950 1,058.93 VEL02 VELASCO, ARIANNA
I-202501275119 BASKETBALL REFEREE 1/25/25 R 1/28/2025 33.00 081951 33.00 1 CHICAGO TITLE COMPAN
I-000202501225093 US REFUND R 1/28/2025 328.00 081952 328.00 CCP01 CEC PORTABLE TOILETS INC
1-20794 PORTABLE TOILET-RANGE R 1/28/2025 111.55 081953 111.55 GIL01 GILTON SOLID WASTE MGMT INC
I-ESCASS-138 STREET SWEEPING SERVICES R 1/28/2025 2,824.13 081954 2,824.13

NAGOO NAGEL LANDSCAPING INC
I-51616 LANDSCAPE MAINTENANCE R 1/28/2025 875.00 081955 875.00 REGO1 REGIONAL GOVERNMENT SERVICES A
I-18003 CONSULTANT R 1/28/2025 39.25 081956 39.25
RIPO1 CITY OF RIPON
I-6917 MONTHLY DISPATCH SERVICES R 1/28/2025 16,433.67 081957 I-6918 MONTHLY DISPATCH SERVICES R 1/28/2025 115.27 081957 16,548.94 SYM01 SYMBIUM CORP.

I-ESCALON-001 INTEGRATIONS EXISTING PTS R 1/28/2025 30,000.00 081958 30,000.00 HARO2 HARRISON, BENJAMIN
1-202501235095 MEALS/TRAINING 1/20-1/22-2025 R 1/23/2025 45.00 818901 45.00 1 SMITH, JAMES
I-202501235096 LABOR/MATERIALS R 1/23/2025 122.30 818902 122.30 ** TOTALS ** NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
REGULAR CHECKS: 60 185,060.08 0.00 185, 060.08
HAND CHECKS: 0.00 0.00 0.00
DRAFTS: 6 41, 792.63 0.00 41, 792.63
EET: 0.00 0.00 0.00
NON CHECKS: 0.00 0.00 0.00
VOID CHECKS: O VOID DEBITS 0.00
VOID CREDITS 0.00 0.00 0.00
TOTAL, ERRORS: 0
1/28/2025 9:34 AM A/P HISTORY CHECK REPORT PAGE: 7
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 1/14/2025 THRU 1/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT

NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
VENDOR SET: 01 BANK: OPOOL TOTALS: 66 226,852.71 0.00 226,852.71 BANK: OPOOL TOTALS: 66 226,852.71 0.00 226,852.71
REPORT TOTALS: 66 226,852.71 0.00 226,852.71
1/28/2025 9:34 AM A/P HISTORY CHECK REPORT PAGE:

SELECTION CRITERIA
VENDOR SET: 01-CITY OF ESCALON VENDORS
VENDOR: ALL
BANK CODES: All
FUNDS: A11

CHECK SELECTION
CHECK RANGE: 000000 THRU 999999
DATE RANGE: 1/14/2025 THRU 1/28/2025
CHECK AMOUNT RANGE: 0.00 THRU 999,999, 999.99
INCLUDE ALL, VOIDS: YES

PRINT OPTIONS
SEQUENCE: CHECK NUMBER
PRINT TRANSACTIONS: YES
PRINT G/L: NO
UNPOSTED ONLY: NO
EXCLUDE UNPOSTED: NO
MANUAL ONLY: NO
STUB COMMENTS: NO
REPORT FOOTER: No
CHECK STATUS: NO
PRINT STATUS: * - A11
*SCALON ITEM NO. 5
CALIFO

COUNCIL AGENDA ITEM
FOR FEBRUARY 3, 2025
Prepared By: Michele Bates, Deputy City Clerk
Date: January 30, 2025
Subject: Liberty Business Park Plan Area Fee Program
Recommendation:

This public hearing will be opened and then continued to the March 3, 2025 Regular Meeting of the Escalon City Council
ESCALON ITEM NO.
6 CALFORNIA

INCORPORATED COUNCIL AGENDA ITEM
FOR FEBRUARY 3, 2025
Prepared By: Jaylen French, City Manager
Date: January 13, 2025
Subject: Consider Changes to the City of Escalon Fireworks Booth Lottery System, per Section 5.28.050 of the Escalon Municipal Code
Recommendation:

Consider Changes to the City of Escalon Fireworks Booth Lottery system as adopted by Ordinance #504 and codified in Section 5.28.050 of the Escalon Municipal Code.

Background and Discussion:

The Escalon City Council adopted Ordinance #504 in 2007, which amended an Ordinance from 2002 and a prior Ordinance from 2000. Ordinance #504 outlines the City's approach to Fireworks Booth licenses, and is codified in the Escalon Municipal Code in Section 5.28.050. In short, the section limits the number of fireworks booths to be located in the City to four (4) each year, with three (3) permits apportioned to local nonprofit organizations by means of selection by lottery. The code continues that, one license shall be reserved for the City recreation department and that all proceeds from the sale of fireworks under that license shall go to the recreation fund. At that time, City staff worked the fireworks booth and collected the proceeds for the recreation program. Subsequently, as staff understands, after the economic downturn, staff positions were eliminated and the City did not have the staff resources to work the booth and therefore did not utilize the allocated booth.

Sometime between 2007 and 2011, the Escalon City Council assigned the City's allocation to the Escalon Parks Foundation (EPF). Subsequent Council direction has been to maintain this allocation to EPF. Recently, local non-profits have raised this issue, desiring that the City reconsider the allocation/lottery system.

The purpose of this staff report is to re-introduce the topic to the Council and ultimately to receive direction on the approach for the 2025 Fireworks season and beyond.

Fiscal Impact:

Depending on the action of the Council, the fiscal impact of any action associated with this item would be neutral or positive to the City.

Attachments

1. Section 5.28, Fireworks, of the Escalon Municipal Code ATTACHMENT 1
Chapter 5.28

FIREWORKS
Sections:

5.28.010 Definitions.

5.28.020 Sale - Discharge - Time limit.

5.28.030 License - Required.

5.28.040 License - Application.

5.28.050 License- Requirements for issuance.

5.28.060 Operation of stand.

5.28.070 Temporary fireworks stands.
5,28.080 Display of license and sales tax permit.

5.28,090 Sell or deliver to minors - Use by minors.

5.28.100 Permissible locations for discharge.

5.28.110 Public displays.

5.28.120 Seizure - Destruction.

5.28.130 Violation.

5.28.140 State law.

5.28.010 Definitions.
"Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment, including fireworks classified by the Health and Safety Code both as "dangerous fireworks" and as "safe and sane fireworks" and shall include firecrackers, torpedoes, skyrockets, Roman candles, bombs, sparklers, chasers, snakes or other fireworks containing any explosive or flammable substance. This definition does not include ammunition used for target shooting or hunting, nor does it include what is ordinarily known as cap pistol caps, party poppers or snap caps. (Ord. 446 S 1,2000)

5.28.020 Sale - Discharge - Time limit.

Subject to the provisions of the State Fireworks Law, Sections 12500 through 12726 of the Health and Safety Code of the state, and any regulations promulgated thereunder, safe and sane fireworks, as defined in Section 12529 of the Health and Safety Code of the State of California, may be sold and discharged within the city limits of the city during the period beginning at 12:00 noon on the twenty-eighth day of June and ending at 12:00 midnight on the fourth of July, each year.

No fireworks classified as "dangerous fireworks" by Section 12505 of the Health and Safety Code of the State of California may be sold or discharged within the city. (Ord. 44651, 2000)

5.28.030 License - Required.

Except as provided in this chapter, no person shall offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a license therefor. (Ord. 446 5 1, 2000)

5.28.040 License - Application.

All applications for a license to sell fireworks shall:

A. Be made in writing on the appropriate license application form to be provided by the city and accompanied by a license fee as determined by resolution of the city council. The fee shall be adjusted annually as of January 1st of each year hereafter to reflect any increase or decrease as shown in the San Francisco Bay Area Cost of Living Index published and in effect on July 1st of each year hereafter. The application fee shall be used to defray the cost of inspection and supervision.

Application fees received from applicants who are unsuccessful in the lottery process described in EMC 5.28.050 shall be refunded;
B. Be made between the first day of March and the last day of March, except when the last day falls on a Saturday or Sunday, in which case the following business day shall be determined to be the last day;
C. Be accompanied by an assurance that if the license is issued to the applicant, the applicant shall, prior to issuance of the license, deliver to City Hall appropriate commercial insurance certificates in the amount of $2,000,000 general liability designating by separate endorsement that the City of Escalon and the Escalon consolidated fire district are the additional insured thereunder.

Furthermore, this insurance coverage must include protection for products liability and completed operations, and must not exclude coverage for fireworks in any way; D. Include a statement that the applicant agrees to comply strictly with the terms of any permit granted to it and to furnish any additional information, including such other licenses and permits as are necessary under state law, upon the request of the city manager; E. Be restricted to one application per local nonprofit organization and shall, upon request, provide documentation to substantiate that organization's nonprofit status; F. Be reviewed by the city for compliance to the application requirements as listed in this section.

Those applications not meeting those requirements by the last day identified in subsection B of this section will not be eligible for the lottery. (Ord. 534 § 3, 2012; Ord. 504 $ 1, 2007; Ord. 464 § 1, 2002; Ord. 446 § 1, 2000)

5.28.050 License - Requirements for issuance.

The following qualifications shall be met by any person selling fireworks within the city and by each applicant for a license issued under this chapter:

A. The total number of licenses issued in any given year shall be limited to four. Three permits shall be apportioned to local nonprofit organizations by means of selection by lottery.

Organizations selected by lottery must comply with all sections of this chapter before a license to sell safe and sane fireworks is issued.

One license shall be reserved for the city recreation department. All proceeds from the sale of fireworks under that license shall go to the recreation fund.

B. Each organization must have its principal and permanent meeting place in the corporate limits of the city, must maintain a bona fide membership of at least 25 members, and must have been organized and established within the city's corporate limits for a minimum of one year continuously preceding the filing of the application for the license.

C. No organization may receive more than one license for fireworks sale during any one calendar year. One license may be issued to two or more qualifying applicants as a joint venture.

D. No organization that is found guilty of two or more violations of this chapter shall be eligible to submit an application for a license.

E. The fireworks to be sold are California State Fire Marshal approved and labeled safe and sane fireworks.

F. Prior to the issuance of a license to sell, the applicant shall set forth the proposed location of the fireworks stand. The fireworks stand must be located on private property in commercial or industrial zones, and written permission of the owner of record of the property must be provided.

G. Prior to the final issuance of a license to sell, the applicant shall have had the proposed fireworks stand inspected by appropriate representatives of the Escalon consolidated fire district, and shall have received certification by the said fire district that the proposed fireworks stand complies with the applicable provisions of the Uniform Fire Code, the State Fireworks Law and all regulations promulgated pursuant thereto. The city shall reimburse the fire district for its reasonable expenses in connection with such inspections, in an amount which shall not exceed $25.00 per inspection.

H. Any attempt to transfer or assign any fireworks license insured pursuant to this chapter shall be void on behalf of both the transferor and the transferee, and the permit itself shall be void.

I. Prior to the issuance of a license, each applicant shall file with the finance department a cash deposit, certificate of deposit or a surety bond made payable to the city in an amount determined by resolution of the city council to assure compliance with the provisions of this chapter. Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the licensee does not so comply or remove the stand or clean the site in the manner required by the city, the city may do so or cause the same to be done by other persons, and the responsible cost thereof shall be a charge against the licensee and its surety and the deposit, certificate or bond. (Ord. 504 $ 1, 2007; Ord. 464 § 1, 2002; Ord. 446 § 1, 2000)

5.28.060 Operation of stand.

A. No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of the fireworks stand.

B. No persons other than individuals who are 18 years of age or older, and members of the licensee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand.

C. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.

D. Fireworks shall be stored and kept in the licensee's sales booth, at a vendor's warehouse, or at a location approved by the Escalon consolidated fire district. During hours of operation, the sales booth shall be staffed by no less than two qualified personnel. The licensee shall be responsible for appropriate security and safe keeping of fireworks stored overnight in temporary fireworks stands. (Ord. 4645 1, 2002; Ord.446$1, 2000)

5.28.070 Temporary fireworks stands.

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure are prohibited. Temporary stands shall be subject to the following requirements:

A. No fireworks stand shall be located within 25 feet of any other building nor 25 feet from any trailer or vehicle nor within 100 feet from any gasoline service station pump island or property on which is stored any flammable liquid, nor less than 20 feet from the curb line.

B. Fireworks stands need not comply with provisions of the building code of the city; provided, however, that all stands shall be constructed and erected so as to meet the approval of the city building inspector, who shall require that the stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons.

C. No fireworks stands shall have a floor area in excess of 300 square feet, and each such stand shall have at least two useable and unencumbered exits.

D. Fireworks stands shall be provided with not less than two fire extinguishers of the type and size approved by the fire chief of the Escalon consolidated fire district.

E. All weeds and combustible materials and debris shall be cleared from the location of any fireworks stand for a distance of at least 25 feet surrounding such stand. All trash resulting from the operation of the fireworks stand must be removed on a daily basis.

F. "No Smoking" signs prohibiting smoking in or within 25 feet of the fireworks stand shall be prominently displayed on the exterior of each such fireworks stand.

G. All unsold fireworks and accompanying litter at any fireworks stand shall be removed from the stand and from the city by 12:00 a.m. on the seventh day of July each calendar year.

H. Each fireworks stand shall be removed from its temporary location not later than 12:00 a.m. on the seventh day of July, and all accompanying litter or debris shall be cleared and removed from the location by such time and date.

I. Each seller of fireworks within the city shall provide to purchasers of fireworks a safety sheet as supplied by the fireworks manufacturer and approved by the Escalon consolidated fire district. The safety sheet shall include guidelines and instructions for the proper handling and discharge of fireworks.

J. All fireworks stands shall be subject to such other reasonable regulations as the city may establish for the purpose of protecting the public health, safety or welfare. (Ord. 446 $ 1, 2000)

5.28.080 Display of license and sales tax permit.

A license to sell fireworks and a temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 446 $ 1, 2000)

5.28.090 Sell or deliver to minors - Use by minors.

A. It is unlawful for any person within the city to sell or transfer any safe or sane fireworks to a person who is under 18 years of age.

B. It is unlawful for any person having the care, custody or control of a minor under the age of 18 to permit such minor to discharge, explode, fire or set off any fireworks, as defined herein, unless such minor does so under the direct supervision of a parent or guardian, or such other person having care, custody or control of such minor. (Ord. 446 § 1, 2000)

5.28.100 Permissible locations for discharge.

A. The use of fireworks in the city shall be limited to private property and residential public streets or rights-of-way. No fireworks shall be discharged on public, semipublic or private open areas such as parks, parking lots, schools, vacant properties, alleys, or open commercial or industrial areas except in those areas approved by the fire chief of the Escalon consolidated fire district for special events.

B. It is unlawful for any person to ignite, explode, project, or otherwise fire or use any fireworks, or to permit the ignition, explosion or projection thereof, upon or over or onto the property of another without his or her consent. (Ord. 446 § 1, 2000)

5.28.110 Public displays.

A. This chapter shall not prohibit limited public fireworks displays in accordance with Health and Safety Code Section 12577, providing a permit therefor is secured under the provisions of the Health and Safety Code of the State of California, nor shall this chapter prohibit the use of railroad or other transportation agencies for signal purposes or illumination or torpedoes, flares or fuses, nor the sale or use of blank cartridges for theatrical or ceremonial purposes, athletic events, or military ceremonials.

B. Such permits may be secured by application to the council after first having received the approval or disapproval of the fire chief. The council, at its regular meeting, may grant or deny such permits based upon the evidence before it. (Ord. 446 § 1, 2000)

5.28.120 Seizure - Destruction.

Any member of the Escalon police or fire departments shall seize, take, remove or cause to be removed and arrange for the destruction at the expense of the owner of all stocks or fireworks offered or exposed for sale, stored, possessed or transported, or otherwise in violation of this chapter. (Ord. 446 § 1, 2000)

5.28.130 Violation.

It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this chapter. (Ord. 470, 2003; Ord. 44691, 2000)

5.28.140 State law.

The provisions of this chapter and EMC 15.32.020 are in addition to applicable state and federal law, including, but not limited to, the state fireworks law (California Health and Safety Code Section 12500 through 12726), the State Fireworks Regulations (Title 19, California Code of Regulations, Chapter 6), and any and all other state or federal laws or regulations pertaining to the sale or use of fireworks. (Ord. 446 § 1, 2000)
SCALON ITEM NO.
7 OLIONTA
1O CENTRE

COUNCIL AGENDA ITEM
FOR FEBRUARY 3, 2025
Prepared By: Jaylen French, City Manager
Date: January 24, 2025
Subject: Agenda Item Request, Kurt Danziger - Reconsider Adopted Final Engineer's Report for Fiscal Year 2024-2025 for the Belleterra Estates Landscape and Maintenance District
Recommendation:

Discuss and consider action on an Agenda Item Request from Kurt Danziger requesting "City Council to revisit this years Final Engineer's Report 2024-2025, for BelleTerra Estates LMD (and to consider the same for all similarly affected LMDs in Escalon)".

Background and Discussion:

On May 3, 2024, the Escalon City Council held a public hearing and adopted Resolution 09-24 approving the annual assessment report and authorizing the County to levy and collect the property tax assessment for the maintenance and upkeep of infrastructure and landscaping for the Belleterra LMD.

The Agenda Request Item portends that the list of special benefits associated with local landscaping improvements were changed in the 2024 report from all prior reports. In staff's review of the matter, the subject benefits were removed in May 2020 and have been consistent in subsequent reports since that time. Below are the removed definitions:
- Improved ingress and egress to property resulting in enhanced traffic flow, reduced traffic flow accidents and consequent reduction of possible property damage. - Improved traffic visibility and circulation, and
- Enhanced environmental quality provided by adequate green space and other landscaping which helps moderate temperature, reduce noise and control dust and debris.

Staff coordinated with the LMD consultant, Harris and Associates (Harris), to understand why these benefits had removed in 2020. According to Harris, the definitions of what constitutes a 'special benefit' have been clarified over the years as court cases are decided. Over time, Harris and Associates has updated the report to better define what is a special benefit, i.e. a unique benefit to each property that is over and above what other parcels in the City receive, versus the benefits that are broadly enjoyed by the general public and therefore cannot be paid for through an assessment.

In 2020, Harris reviewed each of their client's reports, including Escalon's, and made changes to these definitions. For example, improved traffic visibility and circulation are not a specific benefit because all travelers can navigate through a neighborhood.

These definitions are found in Part 4 - Method of Apportionment and are intended as general information to the reader. There were no changes to assessment amount or assessment approach, or to community maintenance as a result of these changes.

The Agenda Request Item further seeks to rescind "all newly added, budgeted amortized costs for 'Capitol Replacement Costs' versus all previously approved City Council annual Final Engineer's" In late 2023 and early 2024, the City received a number of comments from residents regarding various maintenance items in the Belleterra LMD and other LMDs, including a downed fence, tree trimming and sidewalks damaged due to tree roots and poorly maintained fences and playground equipment. Staff discovered that the assessments in these Districts did not cover these items, therefore leaving responsibility to the General Fund. Staff hesitated to use General Fund monies to address these items because they were connected to LMDs, and primarily because of the City's financial position. Staff subsequently researched the District formation reports and LMD law to determine how best to proceed. Ultimately, it was determined that:

Masonry walls
- Wood and chain link fences
- Playground equipment and maintenance
- Tree trimming, and
- Sidewalk repair "from street tree damage"
are covered under the Landscape and Lighting Act of 1972, Section 22525 (a) through (i) and should have been included in the annual assessments since formation. Therefore, the City added these line items in the Reports to ensure that adequate funding was collected to ensure the long-term care, maintenance and replacement of such items. The intent of a landscape and lighting assessment is to collect revenue sufficient to maintain and replace all infrastructure, equipment and landscaping in that district for the benefit of that district (Section 22531).

Staff shared in the report itself and in the verbal presentation to City Council that these line items were added to the Report and reflected in the level of assessment.

From these additions and annual inflator, the total Belleterra assessment increased by $41 per year.

The current assessment is approximately $140 under the maximum allowed rate. Each year, as the reports are developed, the City reviews the maintenance and replacement costs for the district, the current fund balance of the district and the current assessment level. Periodically, modifications are made to the assessment. For example, in 2010 through 2013 the assessment level was reduced to $O because the fund balance was high and there were little maintenance/replacement costs. Conversely, in 2021 the assessment level was increased nearly 35% or $163 because funds were low and maintenance costs were increasing.

The City Council has various options to consider:

Request that the added line items are removed in the next Engineer's report. This would mean that funds are not collected for these improvements and therefore will not be maintained or replaced by the District.

Maintain the added line items but request that the assessment level is reduced in next year's assessment. This would mean that perhaps sufficient funds are not being collected to cover the full costs of the district. However, this could be evaluated over the years and adjusted as necessary.

Maintain the added line items and assessment level.

Attachments

1. Agenda Item Request

2. Final Engineer's Report FY 24-25 Belleterra Estates
ATTACHMENT 1

CALON RECEIVED

CHIMNE ESCALON CITY COUNCIL
JAN 0.6 2025

AGENDA ITEM & REQUEST FORM
Please see policy for submittal requirements.

Request From: Request Date:

Kurt Danziger 1/3/2025
Requested Meeting Date:

ASAP
Deadlines Associated with this Agenda Item:

N/A
Description of Agenda Item (need detailed information):

This is a request of City Council to revisit this years Final Engineer's Report 2024-2025, for BelleTerra Estates LMD (and to consider the same for all similarly affected LMDs in Escalon), and direct staff to rescind all new changes made to the definitions of "Improvements and Services Provided", "Definition Special Benefits" and strike down all newly added, budgeted amortized costs for "Capitol Replacement Costs" versus all previously approved City Council annual Final Engineer's Recommended Motion (i.e. action you want Council to take, or are you just presenting information, etc.); Recommended Motion would be to direct staff to agendize and defend, in great detail, a side by side presentation of all the unprecedented changes they made to this years Final Engineer's Report that were never part of all previous reports
Notes/Questions:

Please Submit to:

City Clerk
2060 McHenry Ave
Escalon, CA 95320
[email protected]
ATTACHMENT 2
CITY

STEPPING STOI

TO CENTRAL

CALIFORNIA
INCORPORATED MARCH 12, 1957
Harris & Associates
| CITY OF ESCALON

FINAL ENGINEER'S REPORT
FISCAL YEAR 2024-25

BELLETERRA ESTATES LANDSCAPE

MAINTENANCE DISTRICT
MAY 2024

PREPARED BY
Harris & Associates
1401 Willow Pass Road, Suite 500
Concord, CA 94520
www.weareharris.com
Engineer's Report
Belleterra Estates Landscape Maintenance District Harris & Associates City of Escalon
Fiscal Year 2024-25

TABLE OF CONTENTS
STATEMENT OF ASSESSMENT ENGINEER.

PART 1 - PLANS AND SPECIFICATIONS .....3
PART 2 - ESTIMATE OF COSTS.......... ..5
PART 3 - ASSESSMENT DIAGRAM...... ...9
PART 4 - METHOD OF APPORTIONMENT. ..10
APPENDIX A - ASSESSMENT ROLL...... .14
APPENDIX B - DISTRICT DIAGRAM...... ..19
APPENDIX C - IMPROVEMENT MAP... ...20
Engineer's Report
Belleterra Estates Landscape Maintenance District * Harris & Associates City of Escalon
Fiscal Year 2024-25

STATEMENT OF ASSESSMENT ENGINEER
AGENCY: CITY OF ESCALON
PROJECT: BELLETERRA ESTATES LANDSCAPE MAINTENANCE DISTRICT TO: THE CITY COUNCIL

CITY OF ESCALON

STATE OF CALIFORNIA
ENGINEER'S REPORT FOR FISCAL YEAR 2024-25
The preparation of this Annual Engineer's Report ("Report") is in conformance with the obligation of the City Council, for the Belleterra Estates Landscape Maintenance District, to provide landscaping services upon each lot or parcel of land in the district in proportion to the estimated benefit to be received by each such lot or parcel of land for Fiscal Year 2024- Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500) ("Act"), Article XIIID, Section 4(a) of the State of California Constitution, and in accordance with the City of Escalon's Resolution being adopted by the City Council for the:

BELLETERRA ESTATES LANDSCAPE MAINTENANCE DISTRICT
(Hereinafter referred to as the "District"),
1, Alison Bouley, authorized representative of the District, the duly appointed Assessment Engineer submit the following Report which consists of the following four (4) parts and Appendices:

PART 1
Description of Improvements: This part provides a general description of improvements proposed to be maintained in the District. Plans and specifications for the improvements are on file with the City and are hereby made a part of this Report by reference.

PART 2
Estimate of Cost: This part contains the cost estimate of the proposed maintenance including incidental costs and expenses for Fiscal Year 2024-25.

PART 3
District Diagram: This part incorporates a Diagram of the District showing the external boundaries of the District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the San Joaquin County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report. A copy of the District Diagram is included in Appendix B and also has been filed under separate cover with the office of the City Clerk.
1 Engineer's Report
Belleterra Estates Landscape Maintenance District - Harris & Associates City of Escalon
Fiscal Year 2024-25
PART 4
Method of Apportionment of the Assessments: This part describes the method of apportionment of assessments, based upon parcel classification of land within the District in proportion to the estimated special benefits to be received. The costs and expenses of the District have been assessed upon the parcels of land within the boundaries of District pursuant to the initial methodology established at the time the District was formed. For particulars as to the identification of parcels, reference is made to the District Diagram.

Appendices
Appendix A - Assessment Roll
Appendix B - District Diagram
Appendix C - Improvement Map
In conclusion, it is my opinion that the costs and expenses of the District have been assessed to the lots and parcels within the boundaries of the District in proportion to the estimated benefits to be received by each lot or parcel from the services provided.

DATED this 22nd day of April, 2024
Harris & Associates
ESS
ONA
EX aley
NO. C81383
Alison Bouley, P.E., Assessment Engineer
MATE CIVIL R.C.E. No. C61383

CALIFORNIA
OF Engineer of Work
Engineer's Report
Belleterra Estates Landscape Maintenance District Harris & Associates City of Escalon
Fiscal Year 2024-25
PART 1 - PLANS AND SPECIFICATIONS
The District was formed to provide a funding mechanism to ensure the ongoing operation, maintenance and servicing of certain landscape and lighting improvements within the boundaries of the District. Said improvements are detailed below under "Improvements and Services Provided".

The Belleterra Estates Landscape Maintenance District is within the boundaries of the City and is located north of First Street, south of Yosemite Avenue, east of Brennan Avenue, and west of the Shadow Wood & Vintage Estates developments.

The District was formed in 2001 when the City Council adopted a Resolution Approving the Formation of the District. The sole property owner at that time was Lakemont, Belleterra, LLC.

The District is comprised of the residential development known as Belleterra Estates (Farinelli Ranch Units 1, 2 and 3) and consists of 143 assessable single family residential parcels. The plans and specifications for the improvements, showing the general nature, location, and the extent of the improvements, are on file in the office of the City Clerk and are incorporated herein by reference. Appendix C also contains an Improvement Map showing the location of the improvements.

Improvements and Services Provided
The following are the specific improvements maintained and serviced within the District:
• 1,000 linear feet of landscaping along the east side of Brennan Avenue and within the median. • General landscape maintenance along the Brennan Avenue frontage, the Farinelli Parkway greenbelt, and the Shadow Wood park/basin.
• Maintenance of playground equipment in Shadow Wood park/basin. • Utility costs for irrigation and lighting, including water and electricity. • Masonry wall maintenance including graffiti abatement along Brennan Avenue. • Street trees along interior streets of the tracts.
• Grounds keeping, irrigation and drainage system maintenance within the Shadow Wood park/basin. • Pedestrian and bike path maintenance.
• 44 streetlights located throughout the interior and exterior of the tract. • Masonry Wall along Shadow Wood Park.
• Wood fence along pedestrian path, between Brennan Avenue and Albert Lane. • Chain link fence between Shadow Wood Park and orchard. • Masonry wall along Brennan Avenue.
*The masonry wall along Shadow Wood Park, the wood fence along pedestrian path, the chain link fencing between Shadow Wood Park and the orchard, as well as the masonry wall along Brennan Avenue were all installed as part of the development and should have been included with the other improvement items at the time of formation. These items have been added to the list of Improvements for Fiscal Year 2024-25 to ensure continued maintenance and future replacement. 3 Engineer's Report
Belleterra Estates Landscape Maintenance District Harris & Associates City of Escalon
Fiscal Year 2024-25
The City replaced the rubber bark in Shadow Wood Park during the 2012 year. Grant funds were used to purchase the bark, but District funds were used for the labor costs to remove the old bark and replace it with the new.

The City of Escalon performed an LED streetlight head retrofit within the District during the 2013 year. This retrofit was budgeted at $20,200 and was funded by the existing District Operating Reserve Fund. Since the installation of the new lights there have been no lights replaced but there have been some photocells replaced. Reference is made to the plans and specifications for the improvements on file with the City and which are incorporated herein by reference.

The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs of the District have been prepared based on the estimated and recent historical costs of the District.

The 2024-25 District budget is shown on the following page.

Engineer's Report - Harris & Associates
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2024-25
PART 2 - ESTIMATE OF COST
The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs of the District have been prepared based on the estimated and recent historical costs of the District.

The 2024-25 District budget is shown below.

ESTIMATE OF COST

DIRECT COSTS
Utility - Water (based on prior year consumptions w/current rates) $23,000.00 Utility - Electricity (sprinkler timers, est. @ $60.00 per month) 720.00 Contract Services- Street Lights (44 lights@ avg. of $3.98 each - monthly) 2,100.00 Contract Services - Park Maintenance ($2,767.50 monthly contract & incidentals) 33,210.00 (ex: tree maintenance, replacement, sprinkler repairs, etc.) Professional Services - Public Works (inspection, repairs & maintenance) 500.00

CAPITAL REPLACEMENT COSTS
Annual collection to replace playground equipment (.) 3,000.00 Belleterra Comprehensive Street Tree Trimming 3,000.00
Shadowood Park Annual Rubber Bark Replenishment 1,000.00 Sidewalk Repair from Street Tree Damage 1,000.00
Masonry Wall Along Shadowood Park (312') 1,248.00
Wood Fence Along Pedestrian Path Between Brennan Ave. and Albert Ln. (158') 395.00 Chain Link Fence Between Shadow Wood Park and Orchard (325') 243.75 Masonry Wall Along Brennan Avenue (882') 3,528.00
Direct and Capital Replacement Costs Sub-Total $72,944.75

ADMINISTRATIVE COSTS
Professional Services - Engineer (Harris & Assoc. charge of $452.50 per quarter) $1,810.00 General Government Charge (City admin fee - See Descriptions below) 1,456.00 County Administration Fee (See Descriptions below) 429.00 Rounding Adjustment (to make an even penny for tax roll purposes) =0.33 Administrative Costs Sub-Total $3,694.67
SUBTOTAL DIRECT AND ADMINISTRATIVE COSTS $76,639.42
Operating Reserve Collection/(Reduction) 0.00
TOTAL BALANCE TO ASSESSMENT $76,639.42
Total Assessable Parcels/Units 143
ASSESSMENT PER PARCEL/EDU $535.94
' The annual Capital Replacement cost of $3,000.00, as shown above, represents an annual charge of approximately $20.98 per parcel/unit. 5 Engineer's Report Harris & Associates
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2024-25
The 1972 Act requires that a special fund be set-up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments or to fund costs which are greater than revenue from the assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year. Estimated beginning and ending fund balances for Fiscal Year 2024-25 are shown in the following table.

Section 22569 (a) of the 1972 Act allows the District assessments to "..include a reserve which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to receive its apportionment of special assessments and tax collections from the county, whichever is later."

DISTRICT FUND BALANCES

OPERATING FUND
Estimated Reserve Fund Beginning Balance as of July 1, 2024 $20,232.00 Operating Reserve Collection - Fiscal Year 2024-25 0.00 Interest Revenue 53.26
Estimated Reserve Fund Balance Ending June 30, 2025 $20,285.26

CAPITAL REPLACEMENT FUND
Capital Replacement Fund Balance as of July 1, 2024 $9,693.76 Capital Replacement Collections - Fiscal Year 2024-25 13,414.75 Interest Revenue 24.26
Estimated Capital Replacement Fund Balance Ending June 30, 2025 $23,132.77 Description of Cost Estimate Items
The following are the specific improvements being maintained and serviced within the District:

Utility - Water & Electricity: The costs to provide electrical and water utilities to the landscape and lighting improvements within the District.
• Contract Services - Streetlights: The contracting costs associated with the Modesto Irrigation District to provide electricity for illumination and maintenance of the streetlights and poles within the District. • Contract Services - Park Maintenance: The contracting costs associated with a landscaping contractor to perform the landscape maintenance duties associated with the improvements within the District. Incidentals may include but are not limited to, tree replacement, sprinkler replacement or repair, etc. The District had a change in the landscape contract in March 2021 that included a significate increase. The prior contract had been in place since the inception of the District (2001), with no increase. The monthly contract w was increased again for Fiscal Year 2024-25 to $2,767.50.
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- Harris & Associates
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2024-25
• Professional Services - Public Works: Costs associated with individuals within the Public Works Department who contribute time to inspection of the improvements, necessary repairs and other maintenance. The City has budgeted to minor sidewalk repairs during the 2024-25 fiscal year, as shown on the budget page. • Professional Services - Engineer: The contracting costs associated with hiring a company to manage and perform the annual administration duties of the District. These services include preparation of reports, resolutions, assessment rolls and budgets; preparation and placement of assessment amounts onto the County tax rolls; tracking and upkeep of the District database; answering questions for City staff and property owners; and finally, act as an expert resource in matters related to the District. • General Government Charge: Costs associated with individual City Staff and Management (City Clerk, City Council, City Manager, Finance Director, City Engineer, etc.) who contribute time to the annual administration and oversight of the District. This may include but is not limited to, preparation for and attendance of meetings, preparation and posting of public notices, budgeting, inspection, etc. This cost is calculated based on an allocation plan accepted by the City Council in June 2018, prepared by Clear Source Financial. • County Administration Fee: The County costs related to placement of the annual assessment charges onto the tax roll and the generation of annual tax bills related thereto. This charge is the lesser of $3.00 per parcel or 1% of the total levy amount submitted per District.
• Operating Reserve Collection/(Contribution): This item shows any collections which adds to the Operating Reserve Fund balance, or contributions made from the Operating Reserve Fund, to offset the annual budget. • Estimated Reserve Fund Balances: These items show the estimated Operating Reserve Fund amounts at the beginning and end of the fiscal year. The estimated ending balance reflects any collections or reductions from the estimated beginning balance.

Description of Capital Replacement Items
• Playground Equipment & Amenities: Funds collected on an annual basis for the eventual replacement of the playground equipment and/or amenities. This equipment has a finite life span and will require replacement after approximately 25 years. The equipment for this District was purchased in 2001. It has a current estimated replacement cost of $36,000. In the year 2026, the costs to replace the equipment will have increased by an estimated 4.0%, based on a 2% annual inflator. This percentage will be re-evaluated every ten years to determine if an adjustment to the annual collections is necessary. The estimated full replacement cost in 2026 is estimated at $37,440.
• Masonry Wall: Funds collected on an annual basis for the eventual replacement of the masonry wall bordering Shadow Wood Park. The wall has a finite life span and will require replacement after approximately 50 years.

The was installed as part of the development in 2001 and will likely need replacement within the next 30 years.

The replacement cost estimate is $62,400, in 2024 dollars. To account for inflation over the next thirty years,

60.0% (at 2% annually) has been added to the annual collection amount. In the year 2054, the costs to replace the equipment will have increased by an estimated 60.0%, based on a 2% annual inflator. This percentage will be re-evaluated occasionally to determine if an adjustment to the annual collections is necessary. The estimated full replacement cost in 2054 is estimated at $99,840. • Wood Fence: Funds collected on an annual basis for the eventual replacement of the wood fence between Brennan Avenue and Albert Lane. The fence has a finite life span and will require replacement after 7 Engineer's Report Harris & Associates
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2024-25
approximately 20 years. The was installed as part of the development in 2001 and will likely need replacement within the next few years. The replacement cost estimate is $7,900, in 2024 dollars.

Chain Link Fence: Funds collected on an annual basis for the eventual replacement of the chain link fence between Shadow Wood Park and orchard. The fence has a finite life span and will require replacement after approximately 40 years. The was installed as part of the development in 2001 and will likely need replacement within the next 20 years. The replacement cost estimate is $9,750, in 2024 dollars. To account for inflation over the next twenty years, 40.0% (at 2% annually) has been added to the annual collection amount. In the year 2044, the costs to replace the equipment will have increased by an estimated 40.0%, based on a 2% annual inflator. This percentage will be re-evaluated occasionally to determine if an adjustment to the annual collections is necessary. The estimated full replacement cost in 2044 is $13,650. • Masonry Wall: Funds collected on an annual basis for the eventual replacement of the masonry wall along Brennan Avenue. The wall has a finite life span and will require replacement after approximately 50 years. The was installed as part of the development in 2001 and will likely need replacement within the next 30 years. The replacement cost estimate is $176,400, in 2024 dollars. To account for inflation over the next thirty years,

PART 3 - ASSESSMENT DIAGRAM
A diagram showing the exterior boundaries of the District and the lines and dimensions of each lot or parcel of land within the District has been submitted to the office of the City Clerk of the City of Escalon and is hereby made a part hereof by reference.

A copy of the assessment diagram for the District is included in Appendix B of this Report. 9 Engineer's Report
Belleterra Estates Landscape Maintenance District - Harris & Associates City of Escalon
Fiscal Year 2024-25
PART 4 - METHOD OF APPORTIONMENT
General
Streets and Highways Code Section 22573 requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:

The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.
- Streets and Highways Code Section 22573
The 1972 Act permits the designation of areas of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax."
In November 1996, the voters of California adopted Proposition 218, which has been codified as Articles XIIIC and XIIID of the California Constitution. Proposition 218 imposed a number of substantive and procedural requirements on taxes, assessments, and property-related fees imposed by local governments in California.

The method of apportionment described in this Report, and confirmed by the City Council, utilizes commonly accepted engineering practices established pursuant to the 1972 Act and the California Constitution for the allocation of special benefit assessments. The calculation of assessments is based upon the parcel type and the services and improvements provided to equitably apportion the costs based on the special benefit received by each lot or parcel. The special benefit received by each lot or parcel is over and above any general benefit conferred upon said lots or parcels or to the public at large.

Special Benefit
The improvements and associated costs have been allocated to the assessable properties within the District based upon the special benefit received by those properties. The improvements for which the properties are assessed have been identified as necessary, were installed and are being maintained as part of the development plans specifically for each tract. As such, the improvements and continuing maintenance and servicing of those improvements are strictly the obligation of the properties within the District.

General Benefit
Although the improvements may be visible to passersby or to the public at large, the improvements were installed as a requirement of the development of the tract and are for the sole benefit of properties within the District. It has been determined therefore, any access or use by properties or individuals outside the District is completely incidental and the costs of operating, maintaining, and servicing said improvements therefore provides no measurable benefit to outside properties or individuals.
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Harris & Associates
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2024-25
Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable parcel or unit receives distinct and special benefits from the improvements and services provided, including the visual desirability provided by well-maintained landscaping. In accordance with Article XIII D, Section 4 of the California Constitution:
"Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large" The special benefits associated with local landscaping improvements are specifically:

Enhanced desirability of properties due to proximity and accessibility of the improvements.

Improved aesthetic appeal provided by a positive representation of the development, neighborhood, and the community.
• Improved accessibility for emergency vehicles.
• Reduced vandalism and other criminal activity.

ASSESSMENT RANGE FORMULA
It is generally recognized that most budgetary items will be impacted by inflation in future years. In accordance with the California Constitution, Section 53739 (b)(1), assessments "may be adjusted for inflation pursuant to a clearly defined formula..." A formula for an inflationary adjustment is therefore included as part of the maximum assessment for this District. Said inflationary adjustment was authorized by the City Council and approved by the property owner(s) at the time of formation. The formula, as described below, allows for annual adjustments to the budget and the assessments.

To impose a new assessment or increased assessment in excess of the Maximum Assessment Rate for the current fiscal year as provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution, Article XIII D, Section 4c that requires a public hearing and certain protest procedures, including mailed notice of the public hearing and property owner protest balloting. Property owners must approve the proposed new or increased assessment via a property owner protest ballot process before any such new or increased assessment can be imposed. A protest occurs when, at the public hearing, the returned assessment ballots opposed to the new or increased assessment outweigh the returned ballots in favor of the new or increased assessment, weighted according to the financial obligation of each parcel.

The definition of new or increased assessments includes any assessment which, 1) did not previously exist or, 2) exceeds a previously approved assessment amount or assessment range formula. Any assessment range formula must have been previously adopted by the agency and approved by the property owners.

The initial maximum assessment for this District was established at the time of formation and was assessed for the first time during the 2002-03 fiscal year. That initial maximum assessment was $353.24 per parcel or Equivalent Dwelling Unit ("EDU"). This initial maximum assessment has been adjusted each subsequent fiscal year by the following Assessment Range Formula:
11 Engineer's Report
Belleterra Estates Landscape Maintenance District - Harris & Associates City of Escalon
Fiscal Year 2024-25
• The Maximum Assessment Rate allowed each fiscal year (the "Adjusted Maximum Assessment Rate") shall be based on the initial maximum assessment established in fiscal year 2002-03, increased annually by three percent (3%).

Each fiscal year, 3% shall be applied to the Maximum Assessment Rate established the previous fiscal year to calculate the appropriate Adjusted Maximum Assessment Rate for the then current fiscal year.

If the proposed annual assessment rate (levy per EDU) for the upcoming fiscal year is less than or equal to the Adjusted Maximum Assessment Rate established for that fiscal year, then the proposed annual assessment is not considered an increased assessment under Proposition 218.

Beginning in the second fiscal year after the formation of the District (2003-04) and each fiscal year since, the Maximum Assessment Rate has been recalculated and a new Maximum Assessment Rate has been established for each fiscal year using the Assessment Range Formula described above. The Maximum Assessment Rate for the upcoming fiscal year (2024-25) shall be $676.84. The table on the following page shows the Adjusted Maximum Assessment Rate for the fiscal years since the formation of the District. The Adjusted Maximum Assessment Rate has been calculated independent of the annual budget and proposed assessment rate for the given fiscal year. As stated above, if the proposed annual assessment for any fiscal year does not exceed the Adjusted Maximum Assessment Rate for that year, it is not considered to be an increased assessment under the terms of Proposition 218. 12 Engineer's Report
Belleterra Estates Landscape Maintenance District - Harris & Associates City of Escalon
Fiscal Year 2024-25
Allowable Increase Adjusted Max. Proposed
Fiscal Year Increase Calculation Assessment Assessment
2002-03 N/A N/A $353.24 $0.00
2003-04 3.00% 1.03 $363.84 $363.82
2004-05 3.00% 1.03 $374.75 $374.72
2005-06 3.00% 1.03 $385.99 $385.96
2006-07 3.00% 1.03 $397.57 $397.52
2007-08 3.00% 1.03 $409.50 $409.44
2008-09 3.00% 1.03 $421.79 $421.74
2009-10 3.00% 1.03 $434.44 $132.16
2010-11 3.00% 1.03 $447.47 $0.00
2011-12 3.00% 1.03 $460.90 $0.00
2012-13 3.00% 1.03 $474.73 $0.00
2013-14 3.00% 1.03 $488.97 $0.00
2014-15 3.00% 1.03 $503.64 $116.06
2015-16 3.00% 1.03 $518.74 $212.72
2016-17 3.00% 1.03 $534.31 $236.92
2017-18 3.00% 1.03 $550.34 $218.40
2018-19 3.00% 1.03 $566.85 $242.96
2019-20 3.00% 1.03 $583.85 $287.86
2020-21 3.00% 1.03 $601.37 $311.64
2021-22 3.00% 1.03 $619.41 $475.08
2022-23 3.00% 1.03 $637.99 $480.52
2023-24 3.00% 1.03 $657.13 $494.92
2024-25 3.00% 1.03 $676.84 $535.94

ASSESSMENT METHODOLOGY
The benefit formula used to determine the financial obligation for each parcel is based on the improvements benefitting the parcels, as well as the use, or type, of each parcel that benefits from said improvements. One of the more common approaches to fairly distributing District costs in maintenance districts such as this utilizes a methodology referred to as the "Equivalent Dwelling Unit" ("EDU") method of apportionment. This method utilizes various property characteristics such as type of development (land-use) and size (units or acreage) to compare the proportional benefit of each property compared to other properties benefitting from the improvements.

The District is comprised entirely of residential parcels. Each residential parcel receives similar benefit from the improvements due to the relative size of the properties, the specific improvements and proximity of the improvements to the properties. Because the property characteristics are identical within the District, each parcel has been assigned an EDU value of one ("1"). The total number of units is divided into the "Total Balance to Assessment", (as shown in Part 3 of this Report) to determine the annual assessment rate per parcel/unit. 13 Engineer's Report H Harris & Associates
Belleterra Estates Landscape Maintenanse District
City of Escalon
Fiscal Year 2024-25

APPENDIX A - ASSESSMENT ROLL
Parcel Identification for each lot or parcel within the District shall be based on available parcel maps and other property data from the San Joaquin County Assessor's office as they existed at the time this Report was prepared and adopted by the City Council.

A listing of parcels assessed within the District for Fiscal Year 2024-25, along with the corresponding assessment amounts, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report.

Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights-of-way; common areas; landlocked parcels; small parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions. These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment. 2024-25 2024-25 2024-25
Maximum Approved Actual
Lot Assessment Assessment Assessment
APN Number EDU Rate Rate Rate
225-310-01 1 1.00 $676.84 $535.94 $535.94
225-310-02 2 1.00 $676.84 $535.94 $535.94
225-310-03 3 1.00 $676.84 $535.94 $535.94
225-310-04 4 1.00 $676.84 $535.94 $535.94
225-310-05 5 1.00 $676.84 $535.94 $535.94
225-310-06 6 1.00 $676.84 $535.94 $535.94
225-310-07 7 1.00 $676.84 $535.94 $535.94
225-310-08 8 1.00 $676.84 $535.94 $535.94
225-310-09 9 1.00 $676.84 $535.94 $535.94
225-310-10 10 1.00 $676.84 $535.94 $535.94
225-310-11 11 1.00 $676.84 $535.94 $535.94
225-310-12 12 1.00 $676.84 $535.94 $535.94
225-310-13 13 1.00 $676.84 $535.94 $535.94
225-310-14 14 1.00 $676.84 $535.94 $535.94
225-310-15 15 1.00 $676.84 $535.94 $535.94
225-310-16 16 1.00 $676.84 $535.94 $535.94
14 Engineer's Report
Belleterra Estates Landscape Maintenance District Harris & Associates City of Escalon
Fiscal Year 2024-25
2024-25 2024-25 2024-25
Maximum Approved Actual
Assessment Assessment Assessment
APN EDU Rate Rate Rate
225-310-17 1.00 $676.84 $535.94 $535.94
225-310-18 1.00 $676.84 $535.94 $535.94
225-310-21 1.00 $676.84 $535.94 $535.94
225-310-22 1.00 $676.84 $535.94 $535.94
225-310-23 1.00 $676.84 $535.94 $535.94
225-310-24 1.00 $676.84 $535.94 $535.94
225-310-25 1.00 $676.84 $535.94 $535.94
225-310-26 1.00 $676.84 $535.94 $535.94
225-310-27 1.00 $676.84 $535.94 $535.94
225-310-28 1.00 $676.84 $535.94 $535.94
225-310-29 1.00 $676.84 $535.94 $535.94
225-320-01 1.00 $676.84 $535.94 $535.94
225-320-02 1.00 $676.84 $535.94 $535.94
225-320-03 1.00 $676.84 $535.94 $535.94
225-320-04 1.00 $676.84 $535.94 $535.94
225-320-05 1.00 $676.84 $535.94 $535.94
225-320-06 1.00 $676.84 $535.94 $535.94
225-320-07 1.00 $676.84 $535.94 $535.94
225-320-08 1.00 $676.84 $535.94 $535.94
225-320-09 1.00 $676.84 $535.94 $535.94
225-320-10 1.00 $676.84 $535.94 $535.94
225-320-11 1.00 $676.84 $535.94 $535.94
225-320-12 1.00 $676.84 $535.94 $535.94
225-320-13 1.00 $676.84 $535.94 $535.94
225-320-14 1.00 $676.84 $535.94 $535.94
225-320-15 1.00 $676.84 $535.94 $535.94
225-320-16 1.00 $676.84 $535.94 $535.94
225-320-17 1.00 $676.84 $535.94 $535.94
225-320-18 1.00 $676.84 $535.94 $535.94
225-320-19 1.00 $676.84 $535.94 $535.94
225-320-20 1.00 $676.84 $535.94 $535.94
225-320-21 1.00 $676.84 $535.94 $535.94
225-320-22 1.00 $676.84 $535.94 $535.94
225-320-23 1.00 $676.84 $535.94 $535.94
225-320-24 1.00 $676.84 $535.94 $535.94
225-330-01 1.00 $676.84 $535.94 $535.94
225-330-02 1.00 $676.84 $535.94 $535.94
15 Engineer's Report
Belletera Estates Landscape Maintenance District - Harris & Associates City of Escalon
Fiscal Year 2024-25
2024-25 2024-25 2024-25
Maximum Approved Actual
Assessment Assessment Assessment
APN EDU Rate Rate Rate
225-330-03 1.00 $676.84 $535.94 $535.94
225-330-04 1.00 $676.84 $535.94 $535.94
225-330-05 1.00 $676.84 $535.94 $535.94
225-330-06 1.00 $676.84 $535.94
225-330-07 1.00 $676.84 $535.94 $535.94
225-330-08 1.00 $676.84 $535.94 $535.94
225-330-09 1.00 $676.84 $535.94 $535.94
225-330-10 1.00 $676.84 $535.94 $535.94
225-330-11 1.00 $676.84 $535.94 $535.94
225-330-12 1.00 $676.84 $535.94 $535.94
225-330-13 1.00 $676.84 $535.94 $535.94
225-330-14 1.00 $676.84 $535.94 $535.94
225-330-15 1.00 $676.84 $535.94 $535.94
225-330-16 1.00 $676.84 $535.94 $535.94
225-330-17 1.00 $676.84 $535.94 $535.94
225-330-18 1.00 $676.84 $535.94 $535.94
225-330-19 1.00 $676.84 $535.94 $535.94
225-330-20 1.00 $676.84 $535.94 $535.94
225-330-21 1.00 $676.84 $535.94 $535.94
225-330-22 1.00 $676.84 $535.94 $535.94
225-330-23 1.00 $676.84 $535.94 $535.94
225-330-24 1.00 $676.84 $535.94 $535.94
225-330-25 1.00 $676.84 $535.94 $535.94
225-330-26 0.00 $676.84 $535.94 $0.00
225-330-27 0.00 $676.84 $535.94 $0.00
225-340-01 1.00 $676.84 $535.94 $535.94
225-340-02 1.00 $676.84 $535.94 $535.94
225-340-03 1.00 $676.84 $535.94 $535.94
225-340-04 1.00 $676.84 $535.94 $535.94
225-340-05 1.00 $676.84 $535.94 $535.94
225-340-06 1.00 $676.84 $535.94 $535.94
225-340-07 1.00 $676.84 $535.94 $535.94
225-340-08 1.00 $676.84 $535.94 $535.94
225-340-09 1.00 $676.84 $535.94 $535.94
225-340-10 1.00 $676.84 $535.94 $535.94
225-340-11 1.00 $676.84 $535.94 $535.94
225-340-12 1.00 $676.84 $535.94 $535.94
16 Engineer's Report - Harris & Associates
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2024-25
2024-25 2024-25 2024-25
Maximum Approved Actual
Assessment Assessment Assessment
APN Rate Rate Rate
225-340-13 $676.84 $535.94 $535.94
225-340-14 $676.84 $535.94 $535.94
225-340-15 $676.84 $535.94 $535.94
225-340-16 $676.84 $535.94 $535.94
225-340-17 $676.84 $535.94 $535.94
225-340-18 $676.84 $535.94 $535.94
225-340-19 Por. of C $676.84 $535.94 $0.00
225-340-20 $676.84 $535.94 $0.00
225-340-22 $676.84 $535.94 $535.94
225-340-23 $676.84 $535.94 $535.94
225-340-24 $676.84 $535.94 $535.94
225-340-25 $676.84 $535.94 $535.94
225-340-26 $676.84 $535.94 $535.94
225-340-27 $676.84 $535.94 $535.94
225-340-28 $676.84 $535.94 $535.94
225-340-29 $676.84 $535.94 $535.94
225-340-30 $676.84 $535.94 $535.94
225-340-31 $676.84 $535.94 $535.94
225-340-32 $676.84 $535.94 $535.94
225-340-33 $676.84 $535.94 $535.94
225-340-34 $676.84 $535.94 $535.94
225-340-35 $676.84 $535.94 $535.94
225-340-36 $676.84 $535.94 $535.94
225-340-37 $676.84 $535.94 $535.94
225-340-38 $676.84 $535.94 $535.94
225-340-39 $676.84 $535.94 $535.94
225-340-40 $676.84 $535.94 $535.94
225-340-41 $676.84 $535.94 $535.94
225-340-42 $676.84 $535.94 $535.94
225-340-43 $676.84 $535.94 $535.94
225-340-44 $676.84 $535.94 $535.94
225-340-45 $676.84 $535.94 $535.94
225-340-46 $676.84 $535.94 $535.94
225-340-47 $676.84 $535.94 $535.94
225-340-48 $676.84 $535.94 $535.94
225-340-49 $676.84 $535.94 $535.94
225-340-50 $676.84 $535.94 $535.94
17 Engineer's Report
Belleterra Estates Landscape Maintenance District Harris & Associates City of Escalon
Fiscal Year 2024-25
2024-25 2024-25 2024-25
Maximum Approved Actual
Lot Assessment Assessment Assessment
APN Number EDU Rate Rate Rate
225-340-51 124 1.00 $676.84 $535.94 $535.94
225-340-52 125 1.00 $676.84 $535.94 $535.94
225-340-53 126 1.00 $676.84 $535.94 $535.94
225-340-54 127 1.00 $676.84 $535.94 $535.94
225-340-55 A 0.00 $676.84 $535.94 $0.00
225-340-56 B 0.00 $676.84 $535.94 $0.00
225-340-57 128 1.00 $676.84 $535.94 $535.94
225-340-58 129 1.00 $676.84 $535.94 $535.94
225-340-59 130 1.00 $676.84 $535.94 $535.94
225-340-60 131 1.00 $676.84 $535.94 $535.94
225-340-61 132 1.00 $676.84 $535.94 $535.94
225-340-62 136 1.00 $676.84 $535.94 $535.94
225-340-63 133 1.00 $676.84 $535.94 $535.94
225-340-64 134 1.00 $676.84 $535.94 $535.94
225-340-65 135 1.00 $676.84 $535.94 $535.94
225-340-66 137 1.00 $676.84 $535.94 $535.94
225-340-67 138 1.00 $676.84 $535.94 $535.94
225-340-68 139 1.00 $676.84 $535.94 $535.94
225-340-69 140 1.00 $676.84 $535.94 $535.94
225-340-70 141 1.00 $676.84 $535.94 $535.94
225-340-71 142 1.00 $676.84 $535.94 $535.94
225-340-72 143 1.00 $676.84 $535.94 $535.94
TOTALS: 143.00 $76,639.42
18 Engineer's Report
Harris & Associates
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2024-25

APPENDIX B - ASSESSMENT DIAGRAM
S0: D1

ASSESSMENT DIAGRAM BELLATERRA ESTATES LANDSCAPE MAINTENANCE DISTRICT CITY OF ESCALON COUNTY OF SAN JOAQUIN STATE OF CALIFORNIA 19 7
1 HELSION HAIZE
Lee Conses tilem
00 aren
N B S
Fiscal Year 2024-25 City of Escalon Engineer's Report
City of Escalon
Belleterra Estates
Maintenance District Improvement Map
Belleterra Estates Landscape Maintenance District
Colfornia SI

APPENDIX C - IMPROVEMENT MAP
10116u154
First St
Legend Street Light
City of Escalon Paroels Biko/Ped Path Hamis & Associates Belleserra Estates Parocis Masony Wall
Shadow Wood Park • Chain Link Fence
250
• Landscene Area - Wood Fence Feet
Harris & Associates
20

Escalon City CouncilFebruary 3, 2025

Escalon City Council
February 3, 2025