Escalon City Council
August 4, 2025

AGENDA

CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF AUGUST 4, 2025
City Council Chambers, 2060 McHenry Avenue - 7:00 P.M.

Beginning Resolution No. 48-25
Beginning Ordinance No. 600
Beginning Minute Order No. 57-25
The following alternatives are available to members of the public to observe these meetings: As a courtesy to the public, and technology permitting, the public may also choose to observe and participate remotely as set forth below. Please be advised and warned that, in the event of a disruption, disturbance, or disconnection of remote access (via phone or GoTo Meeting) for any reason, such remote access may be suspended or eliminated, without notice. Therefore, remote participants are encouraged to attend in person (rather than via phone or Goto Meeting) to ensure they have every opportunity to participate in the meeting. Remote access is only provided as a courtesy to the public, but the City does not guarantee against any interruption, disturbance, disruption, or cessation of such remote access to the meeting. The City Council meeting will still proceed as agendized in the event of such disconnection or disturbance.

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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

PRESENTATIONS

1. Recognition of Escalon Police Officer Palomino for a Mothers Against Drunk Driving (MADD) Award

2. Conduct Interviews for the Newly Formed Measure P Advisory Committee, and if Council Agrees, Make Appointments for the Three (3) Available Seats

CONSENT CALENDAR

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

4. Approve Register of Demands for the Month of July in the Amount of $480,731.40

5. Consider Updating the 2025 Pavement Restoration Project, Awarded to American Pavement Systems

6. Resolution Approving Amendment to Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority (CSJVRMA)
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

7. Continuance of Belleterra Estates, Landscape Maintenance District No. 01-1, Public Hearing on Levy of Assessment, and Consider Adoption of Resolution CC-25 Approving the Engineer’s Report Including Confirming the Diagram, Assessments, and Ordering the Levy of Assessments for Fiscal Year 2025-2026

ADMINISTRATIVE MATTERS

8. Update Measure P Advisory Committee Policy to Adjust Membership from Five Members to Three Members (This Item Will be Heard Before Item 2)

9. Approval of Memorandum of Understandings (MOU)/Confirmation of Understandings (COU) for the Escalon Police Officer’s Association (EPOA), the General Services Unit (GSU), and the Mid-Management Unit (MMU) Bargaining units; and Approval of the City of Escalon Salary Schedule – July 1, 2025 to June 30, 2028

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 Monday, August 4, 2025 was posted 72 hours prior to the meeting in accordance with the Ralph M. Brown Act, in the area designated below on Thursday, July 31, 2025.

Escalon City Hall
2060 McHenry Avenue
City of Escalon Website
www.cityofescalon.org
Escalon CA 95320

Dated: Thursday, July 31, 2025
Michele Bates, Deputy City Clerk

ITEM NO. 2

COUNCIL AGENDA ITEM
FOR AUGUST 4, 2025
Prepared By: Michele Bates, Deputy City Clerk
Date: July 25, 2025
Subject: Conduct Interviews of Measure P Advisory Committee Applicants, and if Council Agrees, Make Appointments for the Three (3) New Seats on the Measure P Advisory Committee
Recommendation:

Conduct Interviews of Planning Commission applicants, and if Council agrees, make an appointment for the three (3) new seats on the Measure P Advisory Committee.

Strategic Plan Priority:

This item is consistent with the Escalon 2025-2026 Strategic Plan Priority #2, Fiscal Stability, in that it proposes to form an advisory Committee which would make recommendations to the Council on matters pertaining to community desires and priorities for use of Measure P funds.

Background and Discussion:

On November 5, 2024, the City of Escalon electorate approved “Measure P”, a one (1) percent sales tax measure.

On March 3, 2025, pursuant to an Agenda Item Request from Councilmember Engle and Mayor Hagan, the Escalon City Council discussed and considered various elements of a Measure P Advisory Committee.

On April 7, 2025, the City Council provided direction to City staff to form a Measure P Advisory Committee.

The Measure P Advisory Committee (“Committee”) is intended to advise the City Council—the governing body of the City charged with approving the annual budget—on the use of funds generated from ”Measure P”, a 1 percent sales tax measure approved by the Escalon voters in November 2024 and is established to seek input and feedback from the community in order to develop and prepare recommendations to the Escalon City Council on community desires and prioritized use of Measure P funds.

The Council intends that the Committee should meet no less than four times per year and the members shall otherwise be present in the community to solicit input and feedback on community

desires and priorities for Measure P use, and that the Committee provide two presentations to the Council each year—prior to mid-year budget approval and fiscal year budget approval.

The adopted policy indicates that all Committee members must be registered voters in San Joaquin County and that the committee members shall be appointed by the City Council.

On July 21, 2025, City Council gave direction to staff to revise the Policy to reduce the membership of the Committee from five (5) persons to three (3) persons, and to set interviews for August 4, 2025 at 7:00 pm. Further, at the August 4, 2025 Council meeting, the Council is expected to consider adopting the updated Measure P Advisory Committee Policy to formalize the change in membership size.

Three (3) Measure P Advisory Committee seats are available.

The application period for this vacancy commenced April 22, 2025 and closed May 22, 2025. The advertisement was posted on City’s website and City’s Facebook page weekly during the application period. It was not advertised in the Escalon Times. During this time, and subsequently, the City received five (5) total applications. One applicant has since withdrawn from the process as they indicated that they were moving out of the area.

Attachments
Attached to this staff report are the application packages for each of the interested applicants.

Exhibits:

A) Application Packages
B) Facebook Post Flyer

ITEM NO. 3

COUNCIL AGENDA ITEM
FOR AUGUST 4, 2025
Prepared By: Michele Bates, Deputy City Clerk
Date: July 25, 2025
Subject: Review and Approve the Minutes
Recommendation:

Approve the Minutes from the Regular City Council Meeting of July 21, 2025

MINUTES

CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF JULY 21, 2025
City Council Chambers, 2060 McHenry Avenue -7:00 P.M.

Beginning Resolution No. 44-25
Beginning Ordinance No. 600
Beginning Minute Order No. 51-25
PRESENT: Mayor Andrew Hagan
Councilmember Jeremy Engle
Councilmember Shawn Strohman
Councilmember Jeff Kay
EXCUSED: Mayor Pro Tem Malinda Walker
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, Legal Counsel
Michele Bates, Deputy City Clerk

PRESENTATION

1. Recognition of Mason Silva, 2025 National Junior High Finals Rodeo (NJHFR) Reserve World Champion, Goat Tying
Mayor Hagan formally recognized Mason Silva for his outstanding accomplishments and expressed that the community is proud of him. He presented Mason with a certificate in honor of his achievement. Mason thanked the City Council for the recognition and extended his gratitude to his family and coach for their support.

CONSENT CALENDAR

2. Approve Minutes from the Meeting of July 7, 2025

3. Approve Register of Demands for the Month of June 24-July 14, 2025 in the Amount of $899,177.13

4. Authorizing the City Manager to Execute and Submit a Claim for Measure K Non-Competitive Bicycle, Pedestrian, and Safe Routes to School Funds, Cycle 2 (FY 2022/23 – FY 2026/27) Resident Gabriella Vargas requested to pull Item 4 and Councilmember Strohman had a question regarding Item 2.

MOTION – it was m/s STROHMAN/KAY to Approve Consent Calendar Item 3 as presented. Motion carried 4-0-1 (Walker Absent). MINUTE ORDER 51-25
Councilmember Strohman asked Councilmember Engle to confirm whether the minutes from the June 16th meeting had been amended as he previously requested. Councilmember Engle indicated he would confirm

upon his full review. City Manager French confirmed that the minutes had been amended accordingly and were posted on the City’s website.

Resident Gabriella Vargas was curious what improvements would be completed with the Measure K funds.

CM French responded these funds would support existing school site pedestrian safety projects.

MOTION – it was m/s STROHMAN/KAY to Approve Items 2 and 4 on the Consent Calendar as Presented. Motion carried 4-0-1 (Walker Absent) MINUTE ORDER 52-25

STAFF COMMUNICATIONS & UPDATES

5. June Updates
a. Treasurer’s Report for June
b. Police Department Report for June
c. Animal Control Report for June
d. Recreation Report for June
e. Development Services Report for June
f. Public Works Report for June
g. Building Department for June
h. Water Department Report for June
i. Waste Water Treatment Plant Report for June
j. City Manager’s Report (Verbal)
Chief Hardgraves reported that Officer Jumaoas has been hired by the City of Concord. As a result, the department has opened a recruitment for an officer position and currently has six qualified applicants.

Interviews are anticipated for the end of August. Additionally, Officer Gunter recently completed radar training, resulting in all full-time officers now being radar certified.

Councilmember Kay inquired about EPD’s practice around public disclosure of witness information and emphasized the importance of not unintentionally revealing the identities of witnesses or reporting parties.

PWS Collins provided an update on the library roof repair and Yosemite Avenue sidewalk projects, noting progress on both. He also reported that street sweeping services with Autrey’s have commenced and is going well.

Mayor Hagan inquired whether the sidewalk project would be completed before the start of the school year. PWS Collins responded that while the roadway portion of the project will be finished by then, thus allowing full traffic to use Yosemite, but the sidewalk portion of the project will be ongoing into September. However, traffic will remain open, and the contractor will be mindful of school traffic and bus routes during peak times.

Councilmember Kay mentioned recent incidents involving falling tree limbs and inquired if such occurrences are typical for this time of year. PWS Collins responded that it is not unusual during the summer, as branches can dry out and break off. He noted that while tree maintenance is ongoing, some trees are not trimmed as frequently as would be preferred due to limited funding.

Councilmember Kay sought confirmation of the slurry seal project schedule to which PWS Collins responded that it is scheduled to take place in September.

Public Comment Opened (7:18 p.m.)
Resident Gabriella Vargas asked whether the new Police Department contract would be made public. CM French responded that the Council is to consider the agreements with the City’s three bargaining units at

the August 4th meeting. Ms. Vargas then asked if the officers are currently working without a contract, to which CM French confirmed that the contracts had been agreed to in principle, the Council will formally approve.

Ms. Vargas further inquired about police officers turnover and City’s options to retain officers. Chief Hardgraves responded that officer retention is a statewide challenge and that many move agencies after they have been fully trained. He then noted that agencies have provided various incentives to address this issue and expressed optimism that with improved pay the department may be able retain officers to a greater degree.

Mayor Hagan noted some officers seek opportunities in larger departments where they can advance into more advanced roles or units.

CM French emphasized that officer retention is an important issue for the City. He, however, acknowledged that employees will naturally seek career advancement, especially from smaller departments and that Escalon’s size limits the range of opportunities for employees compared to larger jurisdictions. He expressed that City staff is proactively working to address these challenges.

Public Comment Closed (7:25 p.m.)

MATTERS PRESENTED FROM THE AUDIENCE
Resident Sherry Hill expressed why she respectfully declined the call to apply for the Measure P Committee, as it appeared to her that spending decisions were made prior to committee formation.

Resident Gabriella Vargas also raised the Measure P committee issue, stating that she was informed that funds had already been designated for various uses. She noted that public safety was a key reason for voting in favor of Measure P and expressed concern regarding the Council’s prior allocation of the funds.

Additionally, she inquired about the status of the First Street beautification project.

Ms. Vargas inquired whether the Dent Sidewalk project included new sprinklers and portions of lawns for affected homes. PWS Collins confirmed that it did, because front yards were impacted by the concrete forming efforts and that lawns were adjusted to create a safe transition between the lawns and sidewalks.

Lastly, Ms. Vargas informed the Council and staff that several crosswalk buttons throughout the city are malfunctioning and requested that the issue be addressed. PWS Collins responded that he would investigate.

PUBLIC HEARINGS

6. Belleterra Estates, Landscape Maintenance District No. 01-1, Public Hearing on Levy of Assessment, and Consider Adoption of Resolution CC-25 Approving the Engineer’s Report Including Confirming the Diagram, Assessments, and Ordering the Levy of Assessments for Fiscal Year 2025-2026

7. Estates Benefit Assessment District No. 06-1, Public Hearing on Levy of Assessment, and Consider Adoption of Resolution XX-25 Approving the Engineer’s Report Including Confirming the Diagram, Assessments, and Ordering the Levy of Assessments for Fiscal Year 2025-2026

8. The Estates, Landscape and Lighting Maintenance District No. 06-1, Public Hearing on Levy of Assessment, and Consider Adoption of Resolution XX-25 Approving the Engineer’s Report Including Confirming the Diagram, Assessments, and Ordering the Levy of Assessments for Fiscal Year 2025-2026

9. Sunrise Terrace Landscape Maintenance District No. 96-1, Public Hearing on Levy of Assessment, and Consider Adoption of Resolution XX-25 Approving the Engineer’s Report Including Confirming the Diagram, Assessments, and Ordering the Levy of Assessments for

Fiscal Year 2025-2026

10. Westwood Country Landscape and Lighting Maintenance District No. 02-1, Public Hearing on Levy of Assessment, and Consider Adoption of Resolution XX-25 Approving the Engineer’s Report Including Confirming the Diagram, Assessments, and Ordering the Levy of Assessments for Fiscal Year 2025-2026
For items 6-10, CM French presented the staff reports for all five items and a slideshow for the annual assessment rates for each district.

Mayor Hagan inquired whether it would be possible to project estimated costs for the next few years to help residents in these districts anticipate future assessments. CM French stated that the City could, but that it would be an informal estimate and that the final would be adopted by the Council annually.

Mayor Hagan remarked about the language regarding general and special benefits in each district report and that it is difficult to see how removing that language would impact individual rights. CM French clarified that the removal of various definitions four years ago did not affect the district assessment levels or improvements.

Councilmember Strohman stated that no one was aware of the language changes until this year, emphasizing that the change was identified by a resident and that it had been overlooked by the Council, City staff, and Harris & Associates.

Councilmember Strohman questioned whether residents within Landscape and Lighting Districts (LLDs) are effectively being double charged—paying both their district assessments and property taxes, which also contribute to maintaining citywide parks and general benefits City Attorney Splendorio clarified that, legally, they are not being double charged. He explained that under Proposition 218, there is a distinction between taxes and assessments: taxes fund the general operations of the City through the general fund, while assessments are levied specifically for special benefits that only certain properties receive. When a property owner purchases in an LLD, they agree to the associated assessment for those special benefits.

Councilmember Strohman requested clarification of the special benefits provided to the Belleterra Landscape and Lighting District (LLD) referring to page 110 of the agenda packet, he cited the listed special benefits and expressed concern that residents of Belleterra appear to be paying for services that he believes are not exclusive and should be available to all residents of the City of Escalon.

Councilmember Engle referred to page 101 of the agenda packet and inquired whether this list was the items that comprised the assessment. CM French responded by outlining the special benefits in concrete terms—such as enhanced landscaping, lighting, walls, and other improvements—emphasizing that these amenities are maintained at a higher standard than in other neighborhoods. He explained that residents of the Belleterra LLD directly benefit from and fund this elevated level of maintenance.

Legal Counsel Rich Wall confirmed that the items on page 110 outline the legal justification for imposing assessments, whereas the items listed on 101 are the direct maintenance areas which make up the assessment rate.

Councilmember Engle inquired about tree maintenance in the Belleterra district, noting repeated comments that the trees had not been trimmed regularly and asked PWS Collins to address the issue. PWS Collins clarified that district trees had been trimmed on multiple occasions. During early growth stages, Public Works maintained clearance from the ground up to 8–10 feet. However, over the past 2–3 years, the trees have matured and now require full trimming beyond the department’s equipment capabilities. As a result, contractors will be needed to perform the necessary work.

Councilmember Engle asked whether the cost of hiring a contractor for tree trimming was already included in the budget. CM French confirmed that the full assessment, as outlined in the reports, covers periodic tree maintenance.

Mayor Hagan asked in order to save money could PW staff maintain the trees. PWS Collins explained that the current plan is to retain a contractor to perform a full thinning of the trees and remove dead limbs.

Following that, Public Works would be able to maintain the trees for several years before needing to contract the work out again after substantial regrowth.

Councilmember Kay sought clarification regarding Grover’s responsibility for trimming trees along Brennan. PWS Collins explained that Grover handles small scale trimming as part of their landscaping responsibilities.

Councilmember Strohman asked whether the City had solicited bids for tree trimming services. PWS Collins confirmed that three bids had already been received, with costs ranging between $25,000 and $30,000 for the Belleterra district.

Public Hearing Opened (8:11 p.m.)
Resident Peggy Payne, a 23-year resident of Belleterra, shared that per her recollection the district trees had only been trimmed once. She also mentioned that her area of the neighborhood is particularly dark and requested that the lighting be checked to ensure it is functioning properly. Ms. Payne expressed concern over the high cost of services, stating she does not believe residents are receiving the level of maintenance they are being charged for.

CM French emphasized that the purpose of the assessments is to maintain the district’s landscape and infrastructure to their new/current condition, not wait for deterioration then repair.

Councilmember Strohman followed up by questioning whether the neighborhood appears well-maintained because of City efforts or because residents of the Landscape and Lighting District (LLD) are doing the work themselves. He expressed his belief that it is primarily the residents who are maintaining the neighborhood, not the City.

Councilmember Engle asked whether an itemized list of expenditures from was available to denote the associated costs. Several individuals responded that such a list had been included in prior reports.

Resident Scott [Last Name], from Belleterra, voiced concerns about the limited number of times he believes the trees have been trimmed in the neighborhood. He questioned the logic of increasing rates now, noting that the City is recommending hiring a contractor at a higher cost. He expressed his belief that funds were available in the account all along. He added that he has personally trimmed his own trees and assisted neighbors with theirs, making it difficult for him to understand the justification for the proposed rate increases.

A Belleterra resident of 23 years stated that the trees in their neighborhood have only been trimmed once by Swift, while Grover has not performed any trimming. He noted that residents have been trimming lowhanging branches themselves. He then asked about the purpose of the backstop located in the basin at the park to which PWS Collins explained that it is for baseball practice. The resident expressed concern that users of the backstop may not be Belleterra residents, yet the neighborhood is funding it. He also recalled that a few years prior, residents requested a bench at the park, which was not approved, but instead a costly backstop was installed, which he felt was an unnecessary expense and a waste of money.

Councilmember Engle inquired whether it was possible to determine if the backstop was funded by the district or through a different source. PWS Collins responded that the backstop has been in place for approximately 5–6 years and that he has records he can review. He expressed confidence that the district did not fund the backstop, explaining it was likely part of a community project that installed several backstops across multiple residential parks.

Resident Natalie Gallegos, from Belleterra, expressed her gratitude to CM French and FDHRA Bickner for meeting with her and providing detailed explanations. She noted that the distinction between general and special benefits has become unclear. Ms. Gallegos stated that when certain clauses were removed from the original report—which all residents knowingly signed—they were not notified that these changes affected special benefits, resulting in some services being charged separately and amortized, thereby increasing costs. She emphasized that residents were not given an opportunity to vote under Proposition 218 on these changes. Ms. Gallegos expressed concern that residents are effectively being taxed twice: once for citywide maintenance and again for their district. She advocated for residents to have a clear voice in what services are added or removed and for these changes to be transparently tracked. To ensure fairness, she proposed reverting the contract to its original terms, educating residents, and providing them with the opportunity to vote on any future additions or modifications. She called for greater transparency throughout the process.

Councilmember Engle asked whether it is legally possible to reinstate the original contract language. City Attorney Splendorio explained that the district assessment process is conducted annually, with reports prepared and approved by the Council. While the reports themselves can be modified, any services provided must align with the original report that underwent the Proposition 218 process.

Councilmember Strohman raised concerns about whether residents were directly notified—outside of the annual report—that LLD funds were being used to replace fences, and whether residents were aware that some properties within the district benefited from this. CM French indicated that various cities and councils handle this matter differently and this is a matter of policy. LLD law does not require cities to notify residents of funded improvements to include facilities within the district if the maximum assessment is not exceed, and indicated that staff would follow council direction.

Resident John Hall, from Belleterra, inquired why the discussion had not yet included mention of costsaving measures. He inquired how frequently the contract with Grover is put out to bid. PWS Collins responded that the contract is rebid approximately every three years. Mr. Hall also raised issues about water usage in the park, noting that the sprinklers seem to run continuously, even during the rainy season.

An Escalon resident who lives near Sandalwood Park requested that, at the end of each year, an itemized report be provided detailing how LLD funds were spent and what remaining funds are still available.

Resident Sean Lynch, from Belleterra, expressed his appreciation for living in Escalon and his neighborhood. He acknowledged that when he purchased his home, he was aware of the assessments for maintaining parks and green spaces, including the potential for increases, which were disclosed to all homeowners. Mr. Lynch reviewed past assessment amounts and stated that he believes the City has done a good job keeping costs down, with actual assessments remaining well below their allowable limits. He noted that the primary concern among residents relates to tree maintenance, emphasizing that while the trees were once young and manageable by Public Works, they have now matured and require specialized equipment for proper care. Overall, he feels Belleterra is well maintained and is pleased with the City's efforts.

Councilmember Kay thanked Mr. Lynch for his positive remarks, stating that it was refreshing to hear appreciation for the City’s efforts. He noted that it’s encouraging to have residents speak in support, rather than only approaching the podium to voice complaints.

Resident Marty VanHouten asked about the status of the Murphy Ranch project and expressed concern that future residents may use facilities in Belleterra without contributing to their upkeep. He questioned whether Murphy Ranch would also be assessed to help cover those costs.

CM French provided a status update of the project, which is anticipated to go before the Planning Commission within the next few months and then to City Council and LAFCO and if approved construction would like start in late-2026.

CM French added that assessments for Murphy Ranch will align with the Council’s fiscal stability priorities and could involve either annexing the area into the existing LLD or creating a Community Facilities District

(CFD). A CFD would have broader funding capabilities, including landscape and lighting, maintenance, as well as other services like Police, etc.

Mr. VanHouten asked whether new residents using the park or contributing stormwater to the basin would share in the associated costs. City Attorney Rich Hall responded that any increased demands—such as park expansion—would be funded by those new residents. However, existing infrastructure was built specifically for the benefit of Belleterra and would remain the responsibility of that district.

Mr. VanHouten then inquired about the process to dissolve the LLD, stating he had heard it would require a vote of 50 percent plus one to pass.

Legal Counsel Richard Hall explained that while it is possible to dissolve a Landscape Maintenance District (LMD), this typically occurs only when the city or agency is no longer providing services or collecting assessments. In such a case, all services outlined in the engineer’s report would cease, and the responsibility for maintenance would shift entirely to the property owners.

An Escalon resident expressed concern about street maintenance and increased use by new subdivisions.

CM French clarified that streets are public infrastructure and are not maintained through the assessment districts.

Councilmember Kay clarified that if approved, the Murphy Ranch development would add approximately

1.1 acres to the existing park on the north side.

Public Hearing Closed (8:54 p.m.)
Councilmember Strohman noted that this topic has been discussed since March and that mailers were sent to all residents in the affected districts, yet only Belleterra residents attended the meeting. He commended staff for developing different funding options for capital replacement costs but expressed that now is not the right time to move forward. He advocated for pausing all capital replacement expenditures across all Landscape Lighting Districts (LLDs).

Strohman emphasized the Council’s goal of increasing transparency and acknowledged that, for the first time, residents are actively reviewing the engineer’s report. However, he expressed strong reservations about collecting funds for a wall likely not requiring replacement for another 50 years. He also stated that decisions about replacing playground equipment should be made by residents within the LLD, not the Council.

Mayor Hagan requested clarification on the proposed pause. City Attorney Splendorio explained that the assessments are determined annually, so opting not to include capital replacement costs this year would effectively constitute a pause.

Councilmember Engle emphasized the importance of continuing to save for potential major repairs in their area. He acknowledged that while the proposed assessment increase is significant, it reflects rising costs due to inflation. In his view, the neighborhood remains one of the best maintained in the city, with no visible decline in quality—an outcome he attributes to the proactive measures taken thus far.

Councilmember Engle suggested potential improvements to the assessment process for future years. He recommended that the annual itemized expenditure list be included in every engineer’s report to enhance transparency. Additionally, he proposed providing more advance notice ahead of the annual assessment to allow residents greater opportunity to attend meetings and share their input.

Councilmember Kay asked City Attorney Splendorio whether the engineer’s report could alter the original formation documents. Attorney Splendorio clarified that it could not—the formation documents, established through a Proposition 218 process, remain unchanged. Councilmember Kay further confirmed that no engineer’s report issued since the original formation has modified the structure of the Landscape

and Lighting Maintenance District (LMD). Splendorio affirmed this, stating that by definition, the engineer’s report cannot change the formation.

Councilmember Kay commented that he does not see the significance of the language that was added or removed from the engineer’s report, particularly since it has been absent for the past four years without issue. He questioned the necessity of reinstating the language and offered for residents to clarify the intent of reinstating the language.

Councilmember Kay acknowledged that the $125 assessment increase could pose a significant burden, particularly for those on a fixed income. He does not support the removal of capital replacement costs and emphasized the importance of being forward-looking in maintaining the district. However, he expressed concern about continuing to collect assessments indefinitely, suggesting that there should be a clear cap or limit.

CM French explained that there is a statutory limit on the level of assessment that can be held in reserves.

In response, Councilmember Kay suggested that once that reserve threshold is reached, the capital replacement cost assessments should be reduced accordingly, with the option to reassess in future years as needed. Specifically referencing the Belleterra district, he proposed a phased approach—charging only a portion of the full $125 assessment, such as half this year and potentially the same amount next year— instead of collecting the full amount all at once.

Councilmember Engle raised a concern about which areas might experience reduced funding or neglect if the assessment were lowered. In response, Councilmember Kay clarified that his proposal to split the increase in half would allow the district to build reserves, just at a slower pace. He emphasized that this approach would ease the financial burden on residents by spreading the impact over time, while still ensuring funds are available in the event of an unexpected issue—such as damage to the wall.

Councilmember Strohman asked whether the city would be responsible for rebuilding a wall if it were damaged by an uninsured motorist. CM French clarified that, in most cases, walls not maintained by a district are the responsibility of the individual property owner. He noted that in many areas walls that are damaged often remain in disrepair if the property owner lacks the resources to fix them. However, if a district is in place to maintain the wall, there is a dedicated revenue source to ensure proper repairs.

Councilmember Engle expressed support for helping residents manage costs but voiced concern about the risk of deferring the full assessment. He cautioned that reducing the fee this year could lead to a more significant and potentially burdensome increase next year, especially given economic uncertainties and the impact of inflation. In his view, it may be more prudent to proceed with the current assessment amount to avoid a larger financial shock in the future.

CM French clarified that the Council has the discretion to set the assessment level anywhere below the allowable maximum, depending on the circumstances and needs at that time.

Mayor Hagan acknowledged that the assessment increase can be significant for individuals. He expressed support for the process becoming more streamlined and transparent and agreed that by easing the assessment this year would be a reasonable approach to help them prepare for next year’s fees.

Councilmember Strohman responded to Councilmember Kay’s remarks about the special conditions and their cost, clarifying that his intention in reinstating those conditions was to reset the discussion and to ensure transparency and proper awareness.

Councilmember Strohman reiterated that he was elected to represent the people, and that is exactly what he is working to do and wondered if any increase should be put to a vote of the district.

Legal Counsel Rich Hall provided clarification, explaining that a Proposition 218 vote by property owners is only required under specific circumstances: when increasing the assessment beyond the established maximum, expanding the district boundaries to include additional properties, or extending the assessment

if it has reached its term. Otherwise, under state law, there is no procedure for property owner voting on an allowable increase.

MOTION – it was m/s by KAY/HAGAN to Approve an Annual Assessments Charge for Belleterra at $75.00 this Year (reduced from $126.00). Motion did not carry with a 2-2-1 vote. (Nays – Engle and Strohman. Walker Excused). Motion did not pass. MINUTE ORDER 53-25 MOTION – it was motioned by Councilmember Engle to Adopt Resolution Number XX-25 Approving the Engineers Report Including the Diagram Assessments and Ordering of Levy Assessments for Fiscal Year 25/26. There was no second to the motion.

MOTION – it was m/s STROHMAN/KAY to Approve Resolutions for the BAD Estates, Estates Landscape and Lighting Maintenance, Sunrise Terrace and Westwood Country Landscape and Lighting Maintenance as Presented. Motion carried 4-0-1 (Walker Excused). MINUTE ORDER 54-25 MOTION – it was m/s STROHMAN/HAGAN to Continue the Public Hearing on Belleterra Estates Until the August 4th Regularly Schedule City Council Meeting. Motion carried 3-1-1 (Yay – Strohman, Hagan, Kay. Nay – Engle. Walker Excused) MINUTE ORDER 55-25

ADMINISTRATIVE MATTERS

11. Agenda Request to Revisit the Number of Measure P Advisory Committee Members by Councilmembers Jeff Kay and Jeremy Engle
Councilmember Kay noted that due to the lack of initial interest in serving on the committee, that the committee should revert to the originally proposal of a three-member body.

Councilmember Engle explained that his original intent in proposing the Measure P Committee was to ensure that spending remained transparent and that residents had a voice in how the funds were used. Engle expressed support for reducing the committee to three members, noting that while the Council had initially leaned toward five, returning to three would allow the committee to be formed more quickly and begin gathering public input without further delay.

Councilmember Strohman noted that the City of Escalon has maintained a precedent of five person Committees/Commissions. He questioned how that structure would function with only three members. In response, Councilmember Engle explained that to expedite the committee’s formation, the Committee could start with three and expand over time if desired. This approach would allow the committee to begin gathering public input on how Measure P funds should be spent.

Councilmember Strohman asked whether the interviews for the Measure P Committee would take place at the August 4th meeting, with the intention of selecting three members at that time. Councilmember Kay confirmed that this was the proposal. Councilmember Strohman acknowledged that he had originally advocated for a five-member committee, but agreed that, given the current need for progress and the points raised by Councilmembers Kay and Engle, moving forward with three members now makes the most sense.

Public Comment Opened (9:40 p.m.)
Resident Gabriella Vargas shared that she applied for the committee after it reopened but initially chose not to apply because a Councilmember had informed her that it was merely an advisory body with no real decision-making authority. She expressed concern and disappointment, questioning what actual impact committee members would have.

In response, Mayor Hagan explained that the City Council is elected by the people to represent their interests, and that the Council now operates under an approved strategic plan that guides its direction. He noted it would be counterproductive for the Council to delegate final decision-making authority to appointees and illustrated the potential dangers in this approach due to lack of accountability. Therefore,

the committee should remain advisory in nature, with the Council taking heed of committee recommendations.

Councilmember Engle indicated it would be disheartening if the Council did not take Committee recommendations seriously and that this is the entire purpose of the committee. He emphasized that the Council should seriously consider the committee’s input and offer clear reasoning when decisions align— or do not align—with the committee’s findings, whether due to the strategic plan or budget constraints. He stressed that the committee was created specifically to give residents a voice and prevent the perception that the Council is acting unilaterally.

An Escalon resident inquired about how committee members plan to engage with many segments of the community. Councilmember Engle responded that a small budget has been approved to support outreach efforts. The intention is for the committee to use these opportunities, beyond formal presentations, to connect with a diverse cross-section of the community and develop ideas for effective public engagement.

She noted that, as people age, simple needs like having benches to rest while walking become important.

She suggested that Measure P funds might be used to install benches in public areas to provide seniors with places to sit and take breaks.

Public Comment Closed (9:52 p.m.)
Councilmember Strohman emphasized that the committee seeks members who can represent a broad range of community interests across Measure P, rather than focusing on a single issue. He asked Councilmember Engle if this was an accurate characterization. Councilmember Engle agreed, expressing the hope that committee members will actively engage with the community to gather diverse perspectives and ultimately present a consensus-driven set of recommendations.

MOTION – it was m/s STROHMAN/KAY to Revise the Committee Membership of the Measure P Committee from Five Members to Three Members and Hold Interviews on August 4th. Motion carried 4- 0-1 (Walker Excused) MINUTE ORDER 56-25

12. Consider Appointment of Applicant to the One (1) Vacant Seat Available to the Newly Formed Economic Development Committee
At this time, CM French presented the staff report concerning the vacant seat on the Economic Development Committee indicating that the Committee had one available seat and that the City had opened a subsequent recruitment process which ended in receiving one application.

Mayor Hagan remarked that the applicant’s resume was impressive. Councilmember Kay added that the applicant made a strong impression during her previous interview and expressed his support for her appointment to the committee.

Public Comment Opened (9:56 p.m.)
Resident Natalie Gallagos commented that she was present at the interviews and was impressed with Ms.

Long.

Public Comment Closed (9:56 p.m.)
MOTION – it was m/s STROHMAN/KAY to Appoint Rita Long to the Vacant Economic Development Committee Seat. Motion carried 3-1-1 (Engle Abstained, Walker Excused). MINUTE ORDER 57-25

COUNCIL COMMUNICATIONS
Councilmember Kay thanked everyone for attending the meeting and expressed hope to see the community at the upcoming Park Fete event this weekend. He also extended appreciation to the Lions Club for their hard work in organizing the event.

Councilmember Engle acknowledged that his passionate delivery can sometimes come across with an unintended tone and apologized if it ever sounded harsh. He also mentioned the upcoming Park Fete, noting the many planned activities had been added this year and hoped to see the community attend the event.

Councilmember Engle praised the Lions Club for bringing together numerous organizations and noted significant improvements to the event, believing this year’s Fete will be the best in many years. He encouraged continued growth and enhancement of the event for the community in the future.

Councilmember Strohman reminded fellow Councilmembers to order their candy from Amazon in time for the parade. He expressed appreciation for the discussions regarding the Landscape Lighting Districts (LLDs) and thanked staff and the city attorney for their valuable input. He also congratulated Mason Silva on his achievement.

Mayor Hagan remarked that all his comments had been previously addressed.

Council then adjourned to Close Session

CLOSED SESSION

13. Public Employee Evaluation (Gov’t Code Sec. 54957)
Title: City Manager
Council returned from Closed Session at 10:55 p.m.. All Councilmembers were present for the duration of the meeting. Mayor Hagan reported that the City Manager received an excellent review.

ADJOURNMENT
There being no further business, Mayor Hagan adjourned the meeting at approximately 10:55 p.m.

Respectfully Submitted,
____________________________
Michele Bates, Deputy City Clerk

ITEM NO. 4

COUNCIL AGENDA ITEM
FOR AUGUST 4, 2025
Prepared By: Celinda Bickner, Finance Director
Date: July 29, 2025
Subject: Approval of Register of Demands – August 4, 2025, for $480,731.40 Recommendation:

Approval of the Register of Demands for the amount of $480,731.40 for the period beginning July,15 2025 and ending on July 28, 2025, pursuant to the Fiscal Year 2025-26 Budget adopted on 6/16/2025.

Attachments
Attached is the check register report for the period beginning July 15, 2025, and ending July 28, 2025, in which items were paid in conformity with City policies and procedures from available funds.

7/29/2025 10:25 AM A/P HISTORY CHECK REPORT PAGE: 1
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 7/15/2025 THRU 7/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT VIS01 VISA
I-ANDOH072025 BLUEHOST/FEDEX SCAN D 7/25/2025 27.81 001299 I-COLLINS072025 MAINTENANCE CARE MEMBRSHP D 7/25/2025 528.46 001299 I-HARDGRAVES072025 TRAVEL/LODGING/TRAINING D 7/25/2025 991.15 001299 I-RICHMOND072025 PLUMBING CODE BOOK/TONER D 7/25/2025 478.84 001299 2,026.26 MTM01 MTM TRANSIT LLC
I-062025 TRANSIT SERVICES JUNE 2025 D 7/28/2025 18,821.58 001300 18,821.58 ARC02 ARCO BUSINESS SOLUTIONS
I-202507255329 FUEL D 7/28/2025 4,568.52 001301 4,568.52 MOD03 MODESTO IRRIGATION DISTRICT
I-202507255330 MODESTO IRRIGATION DISTRICT D 7/28/2025 14,720.00 001302 14,720.00 PAC02 PACIFIC GAS AND ELECTRIC
I-202507235327 PACIFIC GAS AND ELECTRIC D 7/28/2025 28.98 001303 28.98 FRE09 FRESNO OXYGEN & WELDING SUPPLY
I-0091708607- CO2 RENTALS R 7/17/2025 16.84 082716 16.84 CSG01 CSG CONSULTANTS INC
I-60551 PLAN CHECK & INSPECTIONS R 7/25/2025 57.50 082717 I-61859 PLAN CHECK & INSPECTIONS R 7/25/2025 270.00 082717 I-61904 PLAN CHECK & INSPECTIONS R 7/25/2025 4,279.00 082717 I-B250817 PLAN CHECK & INSPECTIONS R 7/25/2025 2,554.37 082717 7,160.87 AJ01 A AND J WORKS INC
I-36015 (8) STEEL SHAFTS R 7/28/2025 5,856.00 082718 5,856.00 AUT01 AUTREYS SWEEPING LLC
I-48562 STREET SWEEPING SERVICES R 7/28/2025 1,807.69 082719 I-48580 STREET SWEEPING SERVICES R 7/28/2025 1,807.69 082719 3,615.38 FOW02 FOWLER BROTHERS FARMING INC
I-3416 POND RIPPING AT WWTP R 7/28/2025 37,521.00 082720 37,521.00 INS03 RENTOKIL NORTH AMERICA INC
I-376472 MONTHLY PES CONTROL SERV R 7/28/2025 52.76 082721 I-376477 MONTHLY PES CONTROL SERV R 7/28/2025 52.76 082721 I-376481 MONTHLY PES CONTROL SERV R 7/28/2025 52.76 082721 I-376486 MONTHLY PES CONTROL SERV R 7/28/2025 52.76 082721 I-376495 MONTHLY PES CONTROL SERV R 7/28/2025 52.76 082721 I-376500 MONTHLY PES CONTROL SERV R 7/28/2025 52.76 082721 I-376503 MONTHLY PES CONTROL SERV R 7/28/2025 52.76 082721 I-376513 MONTHLY PES CONTROL SERV R 7/28/2025 101.56 082721 I-376526 MONTHLY PES CONTROL SERV R 7/28/2025 52.76 082721 523.64

7/29/2025 10:25 AM A/P HISTORY CHECK REPORT PAGE: 2
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 7/15/2025 THRU 7/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT JIM01 JIM BRISCO ENTERPRISES, INC
I-47871 POND SLUDGE REMOVAL WWTP R 7/28/2025 232,493.63 082722 232,493.63 LSC02 LSC TRANSPORTATION CONSULTANTS
I-71966 SRTP- CONSULTANT R 7/28/2025 4,156.25 082723 4,156.25 MID15 HALCYON CREEK INC
I-472 MONTHLY IT SERVICES R 7/28/2025 7,358.51 082724 7,358.51 POW01 POWER DMS, INC
I-INV-140737 FTO SOFTWARE-ANNUAL R 7/28/2025 3,354.75 082725 3,354.75 POW02 POWERSCHOOL HOLDINGS LLC
I-INV459703 WEBSITE MAINT. RENEWAL R 7/28/2025 5,104.33 082726 5,104.33 REG01 REGIONAL GOVERNMENT SERVICES A
I-18883 CONSULTANT R 7/28/2025 39.25 082727 39.25
SUN05 SUNBELT RENTALS INC
I-167805455-0003 EXCAVATOR RENTAL WWTP R 7/28/2025 11,728.14 082728 11,728.14 TEL01 TELSTAR INSTRUMENTS INC
I-127839 SCADA SERVER RACK R 7/28/2025 948.43 082729 948.43 ARD01 ARDURRA GROUP INC
I-168536 PROJ#22148 MCHENRY SEWER LINE R 7/28/2025 185.00 082730 I-168544 PROJ#24129 MICRO SLURRY R 7/28/2025 802.00 082730 I-168556 PROJ#24168 YOSEMITE SIDEWALK R 7/28/2025 8,536.00 082730 I-168560 PROJ#25121 LIBRARY ROOF & WALL R 7/28/2025 2,920.00 082730 I-168562 PROJ#25126 MARVAL PARCEL MAP R 7/28/2025 92.50 082730 I-168563 PROJ#25129 ZINFANDEL WATERLINE R 7/28/2025 6,994.00 082730 I-168565 PROJ#25132 ROOSEVELT IMPROVMNT R 7/28/2025 4,981.50 082730 I-168566 PROJ#25133 EL PORTAL SIDEWALK R 7/28/2025 5,543.50 082730 I-168567 PROJ#25136 ST CLAIR WATERLINE R 7/28/2025 6,325.00 082730 I-168574 PROJ#25119 SOLANA RIDGE R 7/28/2025 185.00 082730 36,564.50 DEP03 DEPARTMENT OF JUSTICE
I-827073 (12) FINGERPRINTS R 7/28/2025 235.00 082731
I-833828 (5) BLOOD ALC ANALYSIS R 7/28/2025 175.00 082731 410.00 ESC21 209 MULTIMEDIA CORP
I-397950 LEGAL AD#25-095 PH APPLICATION R 7/28/2025 172.00 082732 172.00

7/29/2025 10:25 AM A/P HISTORY CHECK REPORT PAGE: 3
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 7/15/2025 THRU 7/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT KRA02 KRAZAN & ASSOCIATES, INC.

I-G600956-23207 COMPACTION TESTING/LAB TESTING R 7/28/2025 5,390.00 082733 5,390.00 LSL01 LSL, LLP
I-69543 2024 NTD AUDIT-PROGRESS BILL R 7/28/2025 3,150.00 082734 3,150.00 NAP02 NEW WEST PARTS COMPANY INC
C-051977 EXCHANGE BATTERY-DIFFERENCE R 7/28/2025 4.35CR 082735 I-051971 (1) BATTERY R 7/28/2025 239.24 082735
I-053702 (1) BATTERY R 7/28/2025 219.66 082735 454.55
SOU01 SOUTH SAN JOAQUIN IRRIGATION D
I-0009255 FIXED COST- JUNE 2025 R 7/28/2025 236.90 082736 236.90 TAY04 TBS CONTRACTORS
I-5 DENT ELEM SIDEWALK/INFILL R 7/28/2025 47,389.92 082737 47,389.92 UBE01 UBER
I-12-2025-0000006 UBER TRANSPORTATION PROGRAM R 7/28/2025 869.53 082738 869.53 1 LORA, MARIBEL
I-202507235318 DEPOSIT RFND R 7/28/2025 500.00 082739 500.00 1 CUADRAS,PATRICIA
I-202507235325 DMG DEP REFND R 7/28/2025 500.00 082740 500.00 AJ01 A AND J WORKS INC
I-36004 (2) STEEL SHAFTS R 7/28/2025 1,924.00 082741
I-36020 LABOR/BULK HEAD W/ 3" BORE R 7/28/2025 1,400.00 082741 3,324.00 ARD01 ARDURRA GROUP INC
I-168543 PROJ#24125 MURPHY RANCH R 7/28/2025 2,133.00 082742 2,133.00 ATT01 AT&T ONENET SERVICE
I-2180311714 MONTHLY USAGE CHARGE R 7/28/2025 0.18 082743 0.18 CAL13 CALNET
I-000023781285 SCADA PHONE LINE R 7/28/2025 143.30 082744 143.30 CAP02 C.A.P.E. ACCOUNTING
I-14820 MEMBERSHIP RENEWAL R 7/28/2025 60.00 082745 60.00 CAS06 CASTELLANOS, STEVE
I-202507235320 PLANNING COMMISSION 7/15/25 R 7/28/2025 50.00 082746 50.00

7/29/2025 10:25 AM A/P HISTORY CHECK REPORT PAGE: 4
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 7/15/2025 THRU 7/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT CIN01 CINTAS CORP
I-5280805601 FIRST AID SUPPLIES R 7/28/2025 103.30 082747 103.30 DAT03 DATA TICKET INC
I-181692 MONTHLY DAILY CITATIONS R 7/28/2025 205.58 082748 205.58 DUN01 DUNBAR, MICHAEL ALAN
I-202507235324 PLANNING COMMISSION 7/15/25 R 7/28/2025 50.00 082749 50.00 ESC21 209 MULTIMEDIA CORP
I-398261 LEGAL AD#25-100 ASSESSMNT RPTS R 7/28/2025 149.00 082750 149.00 ESR01 ENVIRONMENTAL SYSTEMS RESEARCH
I-26296010 ARCGIS ANNUAL SUBSCRIPTION R 7/28/2025 700.00 082751 700.00 FGL01 FRUIT GROWERS LABORATORY INC
I-539937A DRINKING WATER TESTING R 7/28/2025 216.00 082752 I-539989A DRINKING WATER TESTING R 7/28/2025 95.00 082752 I-550201A DRINKING WATER TESTING R 7/28/2025 203.00 082752 514.00 FRO03 FRONTIER COMMUNICATIONS
I-202507235319 MONTHLY 911 TELEPHONE R 7/28/2025 83.42 082753 83.42 GEO01 GEORGE REED INC
I-100370404 ASPHALT R 7/28/2025 483.69 082754 483.69
GON03 GONZALES, ROXANNA
I-202507235323 PLANNING COMMISSION 7/15/25 R 7/28/2025 50.00 082755 50.00 H2H01 MICHAEL ANTHONY HERRERA
I-1474-86 COMM CTR-HVAC REPAIR & MAINT R 7/28/2025 3,495.00 082756 I-1474-94 HVAC SERVICE- RENTAL R 7/28/2025 175.00 082756 3,670.00 INF01 INFOSEND INC
I-289445 REMINDER NOTICES R 7/28/2025 529.94 082757
I-290777 UTILITY BILLS JULY 2025 R 7/28/2025 1,878.48 082757 2,408.42 LAN01 LANDMARK HEALTHPLAN OF CA INC
I-202507225317 LANDMARK HEALTHPLAN OF CA INC R 7/28/2025 191.86 082758 191.86 MCD01 MCDOWELL & DAVIS TOWING & AUTO
I-14202 OIL CHANGE UNIT 2229 R 7/28/2025 91.86 082759
I-14203 OIL CHANGE UNIT 2228 R 7/28/2025 91.86 082759 183.72

7/29/2025 10:25 AM A/P HISTORY CHECK REPORT PAGE: 5
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 7/15/2025 THRU 7/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT MEL02 MELLBERG, JOHN
I-002 (1) 8 X 10 TUFFSHED RELOCATION R 7/28/2025 1,890.00 082760 1,890.00 MIS02 MISSION LINEN SUPPLY
I-524235828 RUG/TOWEL/UNIFORM-PW R 7/28/2025 79.43 082761 I-524235833 RUG/TOWEL-COMM CTR R 7/28/2025 31.56 082761 I-524277049 RUG/TOWEL/UNIFORM-PW R 7/28/2025 72.83 082761 183.82 OLY01 DENCZEK, DAN
I-5656 IRRIGATION REPAIR-COUNTRYWOOD R 7/28/2025 375.00 082762 375.00 PAC01 PACIFIC STATES PETROLEUM
I-JUL2289-IN 520 GALLON FUEL TANK RENTAL R 7/28/2025 177.73 082763 177.73 PAC03 AT&T
I-202507235326 MONTHLY TELEPHONE R 7/28/2025 205.84 082764 205.84 PLA04 REXEL USA, INC
I-6K78800 (6) RAC/ (6) COVER R 7/28/2025 241.45 082765
I-6L29740 ENCLOSURE COVER/PANEL R 7/28/2025 187.98 082765 429.43 POW03 POWERHOUSE DANCE STUDIO, INC.

I-202507255328 DANCE LESSONS 6/3/25-7/8/25 R 7/28/2025 720.00 082766 720.00 QUE02 QUENCH USA, INC.

I-INV09268218 WATER FILTER AC- 7/12-10/11/25 R 7/28/2025 173.61 082767 173.61 QUI03 QUILL CORPORATION
I-44768753 (5) CASES-COPY PAPER R 7/28/2025 228.32 082768 228.32 RUD01 RUDD, DELVEKIO
I-1-2526 AUGUST SOCCER ASSIGN FEE R 7/28/2025 650.00 082769 650.00 STR01 STRAND ACE HARDWARE INC.

I-675729 (2) 4 WHEEL HARDWOOD DOLLY R 7/28/2025 82.63 082770 I-675784 (6) FENCE POST R 7/28/2025 41.04 082770
I-675785 DEWALT ELITE BLADE/ LATH SCREW R 7/28/2025 52.59 082770 I-675786 (1) SAND MIX R 7/28/2025 10.86 082770
I-675849 SHOP TOWELS/PLST BUCKET/PAIL R 7/28/2025 47.97 082770 I-675907 ELEC TAPE/SPLICE TAPE/KIT R 7/28/2025 85.79 082770 I-675911 CABLE TIES/MANIFOLD ADJ FLOW R 7/28/2025 202.13 082770 I-675914 STRAP WRENCH SET/ADAPTER/UNION R 7/28/2025 55.60 082770 I-675942 (12) FASTENERS R 7/28/2025 26.06 082770
I-675943 SCRATCH BRUSH/SPRAYPNT R 7/28/2025 41.91 082770 I-675981 GFCI OUTLET/DUPLEX WHT OUTLETS R 7/28/2025 44.97 082770 I-676088 BISSELL 1-DAY RENTAL/CPT CLNR R 7/28/2025 69.58 082770 I-676092 (3) STEEL SQUARE BEND U BOLT R 7/28/2025 16.28 082770 I-676097 (4) STEEL SQUARE BEND U BOLT R 7/28/2025 19.97 082770

7/29/2025 10:25 AM A/P HISTORY CHECK REPORT PAGE: 6
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 7/15/2025 THRU 7/28/2025

CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT I-676142 CLAMP METER/ (6) TIE DOWN R 7/28/2025 275.90 082770 I-676211 (1) DUCKTAPE/(1)SWIVEL DUSTER R 7/28/2025 18.40 082770 I-676220 GARDEN BENDER/WIRE R 7/28/2025 51.53 082770
I-676277 SPRAYPNT/ANTI-SEIZE LUBRICANT R 7/28/2025 30.41 082770 I-676317 HAND TRUCK TIRE REPLACEMENT R 7/28/2025 97.61 082770 1,271.23 SWI02 SWIFTCOMPLY US OPCO, INC
I-INV-10298 1-YR MAINTENANCE SUPPORT R 7/28/2025 840.00 082771 840.00 THO20 THOMPSON, JENNIFER
I-202507235322 PLANNING COMMISSION 7/15/25 R 7/28/2025 50.00 082772 50.00 TIM01 TIMECLOCK PLUS, LLC
I-INV00430389 SCHEDULE ANYWHERE LICENSE R 7/28/2025 1,841.40 082773 1,841.40 UND01 UNDERGROUND SERVICE ALERT
I-2025115133 2025 MEMBERSHIP FEE R 7/28/2025 646.89 082774 646.89 VAL11 VALLEY PACIFIC PETROLEUM SERVI
I-CL 25-896692 FUEL R 7/28/2025 814.90 082775 814.90
WIL04 WILLIS, BARBARA
I-202507235321 PLANNING COMMISSION 7/15/25 R 7/28/2025 50.00 082776 50.00 * * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 61 440,566.06 0.00 440,566.06
HAND CHECKS: 0 0.00 0.00 0.00
DRAFTS: 5 40,165.34 0.00 40,165.34
EFT: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
VOID CHECKS: 0 VOID DEBITS 0.00
VOID CREDITS 0.00 0.00 0.00
TOTAL ERRORS: 0

NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
VENDOR SET: 01 BANK: OPOOL TOTALS: 66 480,731.40 0.00 480,731.40 BANK: OPOOL TOTALS: 66 480,731.40 0.00 480,731.40
REPORT TOTALS: 66 480,731.40 0.00 480,731.40

ITEM NO. 5

COUNCIL AGENDA ITEM
FOR AUGUST 4, 2025
Prepared By: Diana Trejo, Assistant Planner
Date: July 29, 2025
Subject: Consider Updating the 2025 Pavement Restoration Project to American Pavement Systems
Recommendation:

Update the 2025 Pavement Restoration Project previously awarded to American Pavement Systems of Modesto to increase the contract amount from $383,417.80 to $418,417.80 and grant change order authorization to the City Manager in an amount not to exceed $41,841.78.

Strategic Plan Priority:

This project is consistent with the Escalon Strategic Plan Priority #4, Infrastructure, in that it utilizes available funding to make strategic investments in daily use infrastructure.

Background and Discussion:

The project consists of removal of existing pavement markings, sealing the approximately 45,000 square yards of listed roads with a micro surface seal, crack sealing approximately 14,000 linear feet of roadway, and the re-installation of pavement markings; and is now proposed to include restoration of the pavement at the Hogan-Ennis Park snack bar and fields area, as well as a repavement of the Hogan-Ennis Park parking lot.

On May 19, 2025, the Escalon City Council awarded the 2025 Pavement Restoration Project to American Pavement Systems who was the verified low bidder at $383,417.80. The Council additionally approved change order authorization in an amount not to exceed 10% or 38,341.78.

This item seeks formal authorization to increase the project amount to $418,417.80, plus $41,841.78 in change order authority, to include the repavement of the Hogan-Ennis Park snack bar/fields area as well as the parking lot. The original engineer’s estimate for the project was $550,000.00. The project, including the additional improvements, if approved would be $131,582.20 under the engineer’s estimate.

Fiscal Impact:

If approved, the FY 2025-2026 Budget will be updated accordingly. The project will utilize $190,382.00 of SB 1 RMRA Funding and the remaining from Fund 322 Gas Tax. The City has adequate monies in each fund to accommodate the project cost increase.

Attachments:

1. 2025 Pavement Restoration Project Map

JOB NO.

SCALE

DRAWN BY

CHECKED BY

SHEET OF
440 S. Yosemite Avenue, Suite A
Oakdale, CA 95361
Phone: (209) 847-8726
www.Ardurra.com
KMH
24129
NWP
1" = 2000'
1 PAVEMENT RESTORATION PROJECT
COVER SHEET - 2025

ESCALON, CALIFORNIA
5 CITY OF ESCALON
2025 PAVEMENT

RESTORATION PROJECT
- MICRO-SURFACING
- CRACK SEAL

ITEM NO. 6

COUNCIL AGENDA ITEM
FOR AUGUST 4, 2025
Prepared By: Celinda Bickner, Finance Director | HR Administrator Date: July 29, 2025
Subject: Resolution Approving Amendment to Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority
Recommendation:

Accept Resolution approving Amendment to Joint Powers Agreement (JPA) of the Central San Joaquin Valley Risk Management Authority (CSJVRMA).

Background and Discussion:

The City of Escalon is a member city of the CSJVRMA insurance pool. Amendments to the CSJVRMA Joint Powers Agreement require a written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the member cities.

The JPA amendment consists of minor updates made to punctuation, definitions and numbering of document sections, as well as more substantive item changes as follows:
• Language has been broadened to give leeway in the event the CSJVRMA wants to consider creating or participating in a captive agency.
• An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JPAs to designate a member whose restrictions would apply to the operations of the JPA.

The changes proposed do not materially affect the City of Escalon in policy or financially.

Fiscal Impact:

The proposed amendment is not expected to have a negative fiscal impact on the City.

Attachments

1. CSJVRMA Resolution provided by CSJVRMA

2. Letter and Amendment with Red-Line Summary of changes

ATTACHMENT 1
RESOLUTION XX-25

RESOLUTIONAPPROVING AMENDMENT TO JOINT POWERS AGREEMENT

OF THE CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT

AUTHORITY
WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; WHEREAS, the City of Escalon is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHERAS, the City of Escalon is a member of the CSJVRMA; WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA;
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein;
The City hereby resolves:

IT IS HEREBY RESOLVED that the City Council of Escalon approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto, and it is FURTHER RESOLVED that the City Manager/Administrator is authorized and directed to execute such agreement.

The forgoing resolution was adopted this 4th day of August, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR ANDREW HAGAN
ATTEST:
_______________________________________

MICHELE BATES, DEPUTY CITY CLERK

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200  Sacramento, CA 95833 (916) 244-1100  (800) 541-4591
Fax (916) 244-1199  E-Mail [email protected] Northern Region
Angels Camp
Atwater
Ceres
Escalon
Gustine
Hughson
Lathrop
Livingston
Newman
Oakdale
Patterson
Ripon
Riverbank
Sonora
Sutter Creek
Tracy
Turlock
Waterford
Central Region
Chowchilla
Clovis
Dinuba
Dos Palos
Firebaugh
Fowler
Huron
Kerman
Kingsburg
Los Banos
Madera
Mendota
Merced
Orange Cove
Parlier
Reedley
San Joaquin
Sanger
Selma
Southern Region
Arvin
Avenal
Corcoran
Delano
Exeter
Farmersville
Lemoore
Maricopa
McFarland
Porterville
Shafter
Taft
Tehachapi
Tulare
Wasco
Woodlake
DATE: July 14, 2025
TO: CSJVRMA Member City Councils
FROM: Jeanette Workman, Administrator
SUBJECT: AMENDED AND RESTATED CSJVRMA JOINT POWERS AGREEMENT –

ACTION REQUIRED
The Central San Joaquin Valley Risk Management Authority’s (CSJVRMA) staff and CSJVRMA Legal Counsel, Mr. John Lavra, in conjunction with the CSJVRMA Administration and Financial Services Subcommittee, who will make recommendations to the Executive Committee, are conducting a full review of the CSJVRMA governing documents to ensure they continue to reflect the CSJVRMA’s current practices, legal requirements, and operational needs.

Pursuant to action by the Central San Joaquin Valley Risk Management Authority’s (CSJVRMA) Executive Committee on June 26, 2025, we are forwarding to you an Amended and Restated Joint Powers Agreement for presentation and approval by your city’s city council at their earliest opportunity.

Amendments to the Joint Powers Agreement require a written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the member cities. Upon signature by twothirds (2/3rds) of the member cities, any member city failing or refusing to abide by such amendments may be involuntarily terminated as a party to the Agreement.

Mr. Lavra advised the Executive Committee that although the Joint Powers Agreement, even as last amended in 1994, meets the legal requirements as set forth in the government code for Joint Powers Authorities, the document has been updated as follows:
 Definitional terms have been defined more clearly.
 Language has been broadened to give leeway in the event the CSJVRMA wants to consider creating or participating in a captive agency.  An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JPAs to designate a member whose restrictions would apply to the operations of the JPA. Below is an excerpt from correspondence from Mr. Lavra:
“This code section was enacted to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance or resolution simply by becoming a member of a JPA. JPA's are formed to permit public entities to exercise powers on a collective basis, which they could, absent the JPA, exercise individually. However, the legislature wanted to place some restriction on the power of the JPA, without that JPA having to comply with all restrictions that might be in place for all of the members of the JPA. It would be unworkable, for instance, if the JPA had to satisfy or verify any and all

CSJVRMA Member City Councils
July 14, 2025

restrictions from the ordinances of all of the members of the JPA when transacting the business of the JPA. In order to strike a balance, section 6509 permits the JPA to agree to any restrictions in its exercise of powers based on the restrictions of one identified member city.”
The City of Ripon has been added to the Agreement as the designated city under Government Code Section 6509 with City of Madera listed as a secondary city in the event the City of Ripon were to terminate its membership. These two cities have no restrictions in place that would conflict with the day-to-day operations of the JPA.

To assist you in presenting this information to your city council for approval, a redline version of the Joint Powers Agreement is attached. Also attached are the following:
 A proposed new Joint Powers Agreement to be executed upon approval by your city council.
 A sample resolution that can be used to document the action taken by your city council in approving the Amended and Restated Joint Powers Agreement. This document is also being provided in a Word format to allow you to modify as appropriate for adoption by your council when approving the Amended and Restated Joint Powers Agreement.

Upon approval of the new Joint Powers Agreement by your city council, the final document needs to be executed by your City Manager/Administrator or an authorized individual from your city. Please forward an original, signed copy of the new Joint Powers Agreement, along with a copy of the adopted and fully executed council resolution, to Samantha Zellmer, CSJVRMA Board Secretary, at the following address:

CSJVRMA
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
If you have any questions, please contact Jeanette Workman, CSJVRMA Administrator, at [email protected] or (916) 244-1110.

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT
AS AMENDED JULY 1, 20251994

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

TABLE OF CONTENTS
ARTICLE I ......................................................................................................................................... 3 DEFINITIONS .................................................................................................................................... 3 ARTICLE II ........................................................................................................................................ 4 PURPOSES ....................................................................................................................................... 4 ARTICLE III ....................................................................................................................................... 4 CREATION OF JOINT POWERS AUTHORITY ..................................................................................... 4 ARTICLE IV ....................................................................................................................................... 5 PARTIES TO AGREEMENT ................................................................................................................ 5 ARTICLE V ........................................................................................................................................ 5 MEMBERSHIP .................................................................................................................................. 5 ARTICLE VI ....................................................................................................................................... 6 TERM OF AGREEMENT .................................................................................................................... 6 ARTICLE VII ...................................................................................................................................... 6 POWERS OF THE AUTHORITY .......................................................................................................... 6 ARTICLE VIII ..................................................................................................................................... 7 BOARD OF DIRECTORS .................................................................................................................... 7 ARTICLE IX ....................................................................................................................................... 8 BYLAWS AND REGULATIONS ........................................................................................................... 8 ARTICLE X ........................................................................................................................................ 8 EXECUTIVE COMMITTEE ................................................................................................................. 8 ARTICLE XI ....................................................................................................................................... 9 OFFICERS ......................................................................................................................................... 9 ARTICLE XII ...................................................................................................................................... 9 JOINT PROTECTION PROGRAMS ..................................................................................................... 9 ARTICLE XIII ................................................................................................................................... 10 RESERVE FUNDS ............................................................................................................................ 10 ARTICLE XIV ................................................................................................................................... 10 OPERATING FUND ......................................................................................................................... 10

ARTICLE XV .................................................................................................................................... 10 BUDGET ......................................................................................................................................... 10 ARTICLE XVI ................................................................................................................................... 10 FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ............................. 10 Joint Powers Agreement
Table of Contents

ARTICLE XVII .................................................................................................................................. 10 RESPONSIBILITIES OF AUTHORITY ................................................................................................ 11 ARTICLE XVIII ................................................................................................................................. 11 RESPONSIBILITIES OF MEMBER CITIES .......................................................................................... 11 ARTICLE XIX ................................................................................................................................... 12 WITHDRAWAL ............................................................................................................................... 12 ARTICLE XX .................................................................................................................................... 12 INVOLUNTARY TERMINATION ...................................................................................................... 12 ARTICLE XXI ................................................................................................................................... 12 CONTINUED LIABILITY ................................................................................................................... 12 ARTICLE XXII .................................................................................................................................. 12 REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ............................................. 12 ARTICLE XXIII ................................................................................................................................. 13 TERMINATION OF AUTHORITY ...................................................................................................... 13 ARTICLE XXIV ................................................................................................................................. 13 AUDIT ............................................................................................................................................ 14 ARTICLE XXV .................................................................................................................................. 14 ARBITRATION ................................................................................................................................ 14 ARTICLE XXVI ................................................................................................................................. 14 BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE14 ARTICLE XXVII ................................................................................................................................ 14 ENFORCEMENT ............................................................................................................................. 14 ARTICLE XXVIII ............................................................................................................................... 14 AMENDMENTS .............................................................................................................................. 14

ARTICLE XXIX ................................................................................................................................. 15 NOTICES ........................................................................................................................................ 15 ARTICLE XXX .................................................................................................................................. 15 COUNTERPARTS ............................................................................................................................ 15

Joint Powers Agreement Page 1 Amended July 1, 20251994

AMENDED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AGREEMENT, dated for convenience this 1st day of July, 20251994, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985 and July 1, 1994 by a two-thirds vote of the Member Cities' city councils; and

Joint Powers Agreement Page 2 Amended July 1, 20251994
WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended Agreement, dated July 1, 20251994, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.

Joint Powers Agreement Page 3 Amended July 1, 20251994

ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Juoaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority. those funds charged for the purpose of self-insured coverage. "Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.
"Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. .

Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding

Joint Powers Agreement Page 4 Amended July 1, 20251994
of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program.
"Master Plan Document" shall mean the document, formally adopted by the Executive Committeeparticipating Member Cities, containing the provisions setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws, and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority. ;
"Representative" shall mean the person, normally the City Manager/Administrator of the Member City , who has been designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control). "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposurearea without purchasing insurance to cover the risk or a portion of the risk.

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services;and share risks; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.

Joint Powers Agreement Page 5 Amended July 1, 20251994

ARTICLE III

CREATION OF JOINT POWERS AUTHORITY
A.

Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.

B. It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.

C. The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.

ARTICLE IV

PARTIES TO AGREEMENT
A. Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. . Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended Agreement. . A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. . Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.

B. Each city which is a member of the Authority at the time this amended Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

ARTICLE V

MEMBERSHIP
A. ELIGIBILITY

Joint Powers Agreement Page 6 Amended July 1, 20251994
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.

ARTICLE VI

TERM OF AGREEMENT
This Agreement, as amended, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. . When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided. . This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

ARTICLE VII

POWERS OF THE AUTHORITY
A. The Authority shall have all of the powers common to Member Cities and all additional powers set forth in Section 6500, et. seq. and Section 989, et. seq. of the Government Code and other applicable law. The Authority shall have all of the rights, immunities, privileges, and defenses afforded each Member City and peculiar to the particular Member City being sued or against which there has been a claim.

Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.

The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:

1. to mMake and enter into contracts;

2. to iIncur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City which is a part of this Agreementexcept as otherwise provided;

Joint Powers Agreement Page 7 Amended July 1, 20251994

3. to aAssess Member Cities as deemed appropriate for good cause as determined by the Executive Committee;

4. to aAcquire, hold, or dispose of real and personal property;

5. to rReceive contributions and donations of property, funds, services, and other forms of assistance from any sources;

6. to sSue and be sued in its own name;

7. to eEmploy agents and employees;

8. to aAcquire, construct, manage, and maintain buildings;

9. to lLease real or personal property, including propertythat of a Member City; and

10. to exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.

B. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

ARTICLE VIII

BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. . Each Member City shall appoint one Representative. . Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. . Each Member City shall also appoint one alternate Representative. . The alternate Representative may attend and may participate in any meeting of the Board. . When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. . Each Representative serves at the pleasure of the Member City being represented. . Each Representative has one vote as the member of the Board. . Representatives are not entitled to compensation. . However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. . The Executive Committee shall determinefix by resolution the date upon which and the hour and place at which each regular meeting is to be held.

The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special meeting by filing a written request with the Secretary. . The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for Commented [JW1]: Meetings will continue to
be adopted by the EC, but in a less
formal manner than by resolution.

Joint Powers Agreement Page 8 Amended July 1, 20251994
notice of the special meeting being given.

Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

The Authority shall have minutes of regular and special meetings kept. . As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.

A majority of the members of the Board is a quorum for the transaction of business. .

However, less than a quorum may adjourn from time to time. . A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.

C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. . The Board may delegate any and all of its authority to the Executive Committee except the following:

1. Amendments toTo change the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;

2. To creation ofe any new Joint Protection Program;

3. To termination of ae any Joint Protection Program;

4. To expulsion ofel a Member City;

5. To adoption of an operating budget for the Authority;

6. To change or reviseAmendments to the Authority's Conflict of Interest Code; and

7. To Aauthorization for e the issuance, modification, or defeasance of bonds.

ARTICLE IX

BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.

ARTICLE X

EXECUTIVE COMMITTEE

The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. . The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.

Joint Powers Agreement Page 9 Amended July 1, 20251994

ARTICLE XI

OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. . Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. . All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.

The president shall appoint someone other than the treasurer to perform the functions of auditor/controller of the Authority shall be performed by the Authority’s contracted administration firmofficers or employees or in-house staff, or the president may assume these functions as a collateral duty of the presidency. The auditor/controller must be a member of the Board. The Ttreasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Board shall require the treasurer and auditor/controller to file with the Authority an official bond in the amount to be fixed by the Board. The Authority shall pay the cost of bond premiums required by this section. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. . All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws. .

All other Joint Protection Programs shall be optional. . The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.

B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. . A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. . Separate accounting shall be maintained for each Joint Protection Program.

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve Commented [JR2]: Staff conformed this
section to reflect current
practices/align with 6505.6.

Joint Powers Agreement Page 10 Amended July 1,
20251994
to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. . The funds treasurer shall be invested and reinvest the funds in compliance with the Authority's Investment Policy and relevant Sstate laws. and in the same manner as if they were Member City funds.

Refunds shall be made in accordance with the Master Plan Document for each program.

ARTICLE XIV

OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. . Just demands for payment shall be made by warrants in compliance with the adopted budget. . The warrants shall be paid as directed by the Executive Committee. . The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.

ARTICLE XVII

RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:

1. assist Member Cities in developing their risk management programs ;

2. participate in risk management advisory committees formed by Member Cities;

3. provide loss prevention, safety, and security services;

4. provide all program services as required by program Master Plan Documents ;

5. provide loss analysis control by use of statistical analysis, data processing, and Commented [JR3]: This change is to allow
for the potential formation of a captive
entity, and investment under other state
laws.

Commented [JR4]: The MPD will be amended to
provide for flexibility in the payment
of refunds. Recall board action to
ratify decisions of executive committee
in withholding refund amounts.

Joint Powers Agreement Page 11 Amended July 1,
20251994
record and file keeping services. . The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

6. conduct risk management audits to review the participation of each Member City in the program; and

7. perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.

ARTICLE XVIII

RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:

1. pay all financial obligations to the Authority within the time prescribed;

2. appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;

3. conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;

4. adopt a risk management program ;carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;

5. establish a risk management advisory committee to work with the risk manager of the Authority;

6. maintain an active safety committee;

7. report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;

8. permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;

9. submit DE3-DPs to the Authority concurrent with the submission dates established by the State of California;

10. submit underwriting information requested by the Authority on a timely basis;

11. provide accurate statistical data concerning the Member City to the Authority when requested;

12. cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

13. cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and

14. comply with risk management requirements established under the authority of this Agreement.

ARTICLE XIX
Commented [JW5]: This will be included in
the program master plan document

Joint Powers Agreement Page 12 Amended July 1,
20251994

WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. . A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.

ARTICLE XX

INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. . Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.

ARTICLE XXI

CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
A. In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. . The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. . The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. . Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to

Joint Powers Agreement Page 13 Amended July 1,
20251994
participate in any pooled Joint Protection Programs.

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority. . The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. . Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

ARTICLE XXIV
AUDIT
A. The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.

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20251994

ARTICLE XXV

ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. . In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.

ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. . Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.

ARTICLE XXIX

NOTICES

Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.

Joint Powers Agreement Page 15 Amended July 1,
20251994

ARTICLE XXX

COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

Dated:

MEMBER CITY
BY:

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

JOINT POWERS AGREEMENT

AS AMENDED AND RESTATED
EFFECTIVE JULY 1, 2025

TABLE OF CONTENTS

AMENDED AND RESTATED

JOINT POWERS AGREEMENT

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) ARTICLE I – DEFINITIONS ................................................................................................................. 2 ARTICLE II – PURPOSES ................................................................................................................... 4 ARTICLE III – CREATION OF JOINT POWERS AUTHORITY ................................................................ 4 ARTICLE IV – PARTIES TO AGREEMENT ........................................................................................... 4 ARTICLE V – MEMBERSHIP .............................................................................................................. 5 ARTICLE VI – TERM OF AGREEMENT ............................................................................................... 5 ARTICLE VII – POWERS OF THE AUTHORITY ................................................................................... 5 ARTICLE VIII – BOARD OF DIRECTORS ............................................................................................. 6 ARTICLE IX – BYLAWS AND REGULATIONS ...................................................................................... 7 ARTICLE X – EXECUTIVE COMMITTEE ............................................................................................. 7 ARTICLE XI – OFFICERS .................................................................................................................... 8 ARTICLE XII – JOINT PROTECTION PROGRAMS ............................................................................... 8 ARTICLE XIII – RESERVE FUNDS ....................................................................................................... 8 ARTICLE XIV – OPERATING FUND .................................................................................................... 9 ARTICLE XV – BUDGET ..................................................................................................................... 9 ARTICLE XVI – FUNDING AND PROCEDURES FOR CALCULATING ANNUAL CONTRIBUTIONS ........ 9 ARTICLE XVII – RESPONSIBILITIES OF AUTHORITY .......................................................................... 9 ARTICLE XVIII – RESPONSIBILITIES OF MEMBER CITIES ................................................................ 10 ARTICLE XIX - WITHDRAWAL ......................................................................................................... 10 ARTICLE XX – INVOLUNTARY TERMINATION ................................................................................ 11 ARTICLE XXI – CONTINUED LIABILITY ............................................................................................ 11

CSJVRMA Amended and Restated Joint Powers Agreement
Table of Contents

ARTICLE XXII – REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION ..................... 11 ARTICLE XXIII – TERMINATION OF AUTHORITY............................................................................. 11 ARTICLE XXIV – AUDIT ................................................................................................................... 12 ARTICLE XXV - ARBITRATION ......................................................................................................... 12 ARTICLE XXVI – BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS, AND MEMORANDA OF COVERAGE .................................................................................................. 12 ARTICLE XXVII - ENCORCEMENT ................................................................................................... 12 ARTICLE XXVIII - AMENDMENTS ................................................................................................... 13 ARTICLE XXIX - NOTICES ................................................................................................................ 13 ARTICLE XXX - COUNTERPARTS ..................................................................................................... 13

Joint Powers Agreement Page 1 Amended and Restated July 1, 2025

AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT

FOR INSURANCE AND RISK MANAGEMENT PURPOSES
THIS AMENDED AND RESTATED AGREEMENT, dated for convenience this 1st day of July 2025, made and entered into by, between, and among those Member Cities which become parties to this Agreement by action of their governing boards adopting a resolution agreeing to participate in the joint powers entity created by the terms and conditions of this Agreement; RECITALS:

WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies may, by agreement, exercise any power common to the contracting parties; and WHEREAS, California Government Code Sections 990 and 990.4 provide that a local entity may self-insure, purchase insurance through an authorized insurer, purchase insurance through a surplus line broker, or any combination thereof; and
WHEREAS, California Government Code Section 990.8 provides that two or more local public entities, by a joint powers agreement, may provide insurance for any authorized purpose by any one or more of the methods specified in Section 990.4; and WHEREAS, Article XVI, Section 6, of the California Constitution provides that insurance pooling arrangements under joint exercise of powers agreements shall not be considered the giving or lending of credit as prohibited therein; and
WHEREAS, each of the cities which are parties to this Agreement desires to join together with other cities in order to collectively self-insure or pool their losses and to jointly purchase insurance and administrative services in connection with Joint Protection Programs for said cities; and
WHEREAS, the Tulare-Kings Municipal Risk Management Authority, a public entity, was created by an initial Agreement dated April 1, 1979, among various cities within the Counties of Tulare and Kings; and
WHEREAS, the name of the organization was changed to the Central San Joaquin Valley Risk Management Authority on July 1, 1981; and
WHEREAS, the initial Agreement was amended on January 1, 1985, and July 1, 1994, by a two-thirds vote of the Member Cities' city councils; and WHEREAS, said Member Cities have determined that it is again appropriate and in the public interest to make certain technical corrections and additions to this Agreement which will provide clarification and will permit the governing body to meet a minimum of two times a year to conduct that business which only the governing body may act upon; and

Joint Powers Agreement Page 2 Amended and Restated July 1, 2025 WHEREAS, it is therefore necessary to amend said Joint Powers Agreement; and WHEREAS, said Agreement provides that amendments to the Agreement may be made by a vote of two-thirds (2/3rds) of the Member Cities by resolution of the City Councils of said Cities:

NOW, THEREFORE, for and in consideration of the execution of this Agreement by twothirds (2/3rds) of the Member Cities, each of the Member Cities which are parties hereto does hereby adopt this amended and restated Agreement, dated July 1, 2025, which concurrently supersedes that certain Agreement creating the Authority, dated April 1, 1979, and all amendments thereto.

ARTICLE I

DEFINITIONS
The following words, when typed in bold print within the provisions of this Agreement, shall have the following definitions:
"Administrator" shall mean that person or group appointed by the Executive Committee and given responsibility for the management, administration, and operation of the Authority.
“Agreement” shall mean the Joint Powers Agreement creating the Central San Joaquin Valley Risk Management Authority.
"Authority" shall mean the Central San Joaquin Valley Risk Management Authority, aka the RMA.
"Board of Directors" or "Board" shall mean the governing body of the Authority. "Broker" shall mean the insurance broker hired by the Executive Committee to acquire insurance coverage.
"Claims" shall mean demands made against the Authority arising out of occurrences which are claimed to be within one of the Authority'sJoint Protection Programs as developed by the Board.
"Deposit Premium" shall mean the annual dollar amount determined by the Board of Directors payable by each Member City for the purpose of self-insurance coverage, excess insurance premiums, and administrative costs, charged for the purpose of carrying out the powers of the Authority.
"Executive Committee" shall mean the elected officers and the representatives appointed by each region to represent that region.

Joint Powers Agreement Page 3 Amended and Restated July 1, 2025 "Fiscal Year" shall mean the period July 1 to June 30 of each year. "Insurance" shall mean any commercial insurance coverage. "Insurance Premium" shall mean those funds charged for the payment of group purchased insurance.
"Joint Protection Programs" shall mean any program to provide risk sharing or insurance coverage under this Agreement and shall include a determination as to the amount of initial Insurance Premiums and/or Deposit Premiums, a precise allocation plan and formula, and a determination of the amount and type, if any, of excess insurance to be purchased. Included within the term Joint Protection Program is the identification of exposures to accidental loss, the reduction or limitation of losses to Member City properties and from injuries to persons or property caused by the operations of Member Cities and the funding of those risks, together with any other functions appropriate or necessary to the functioning of the Joint Protection Program. "Master Plan Document" shall mean the document, formally adopted by the Executive Committee, setting forth the operations, policies, and provisions of a self-insured or pooled coverage program, which shall include, but not be limited to, the following:

1. The scope of the program;

2. The procedures to be followed;

3. Who may participate;

4. Any limits or restrictions;

5. How Deposit Premiums are determined;

6. How refunds, if any, are determined;

7. Commitments required by participants; and

8. How the document may be amended.
"Member City" shall mean a city which is an incorporated municipality organized with a council, City Manager/Administrator form of government, which has been approved for participation in the Authority by the Executive Committee in accordance with applicable provisions of the Agreement and the Bylaws and has signed the Agreement. "Operating Fund" shall mean the fund established by the Authority for the purpose of paying just demands submitted to the Authority.
"Representative" shall mean the person, designated in writing by the Member City to represent and act for and on behalf of the Member City regarding any matter before the Authority's Board or Executive Committee. The Representative must be either: (a) the City Manager/Administrator or (b) a person designated by the City Manager/Administrator who holds a management/organizational position with the Member City and whose responsibilities include all or part of the Member City’s risk management functions (i.e., finance, human resources, claims/losses, insurance, and safety/risk control).

Joint Powers Agreement Page 4 Amended and Restated July 1, 2025 "Self-Insurance" shall mean the process whereby the Authority maintains sufficient reserves to pay all claims and associated expenses of a risk exposure without purchasing insurance to cover the risk or a portion of the risk.

ARTICLE II

PURPOSES
The purpose of this Agreement is to provide joint powers common to each Member City for insurance purposes; to pool self-insured claims and losses, to purchase or participate in excess pooling or excess insurance coverage, and to provide related administrative services including risk management, consulting, actuarial services, claims adjusting and legal defense services; to implement risk management principles; and to provide for the future inclusion of additional incorporated municipalities desiring to become parties to the Agreement.

ARTICLE III

CREATION OF JOINT POWERS AUTHORITY
Pursuant to Section 6500, et. seq. of the California Government Code, the Authority is a public entity separate and apart from the parties to this Agreement. Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of this joint powers authority shall not constitute debts, liabilities, or obligations of any party to this Agreement.

It is the express understanding of all parties that the Authority created originally on or about April 1, 1979, is the same Authority continued under this Agreement, even though some powers and procedures may be changed by this Agreement.

The Authority, its Board, officers, membership, and staff shall be governed by this Agreement, the Bylaws, Master Plan Documents, Memoranda of Coverage, and other documents duly adopted by the Authority.

ARTICLE IV

PARTIES TO AGREEMENT
Each city which has applied to and been accepted as a member of the Authority is a party to the Joint Exercise of Powers Agreement. Each party to the Agreement shall be bound by this Agreement when two-thirds (2/3rds) of the city councils of the Member Cities have adopted this amended and restated Agreement. A party to this Agreement certifies that it intends to and does contract with the Authority and with all other Member Cities which have signed this Agreement and, in addition, with each city which may hereafter be added as a party to and may sign this Agreement. Each city which has or may hereafter sign this Agreement also certifies that the deletion of any city from the Authority by voluntary withdrawal, involuntary termination, or otherwise, shall not affect this Agreement nor each Member City's intent to contract as described above with the then remaining Member Cities.

Joint Powers Agreement Page 5 Amended and Restated July 1, 2025 Each city which is a member of the Authority at the time this amended and restated Agreement is adopted by two-thirds (2/3rds) of the Member Cities, certifies that it intends to and does hereby contract with the Authority and with all other current Member Cities, and in addition, with each city which may hereafter be added as a party to and may sign this Agreement.

ARTICLE V

MEMBERSHIP
A. ELIGIBILITY
To be a member of this Authority, a city must be an incorporated municipality which is characterized by having professional management as typified by a bona fide Council Manager/Administrator form of government and must be approved for participation in the Authority in the manner provided by the Bylaws.

B. NEW MEMBERS
Eligible incorporated municipalities may become a party to this Agreement pursuant to the Bylaws of the Authority.

ARTICLE VI

TERM OF AGREEMENT
This Agreement, as amended and restated, shall become effective when approved by two thirds (2/3rds) of the respective City Councils of the Member Cities. When effective, this Agreement, as may be amended from time to time, shall continue thereafter until terminated as herein provided.

This Agreement shall become effective as to any new Member City in accordance with the Bylaws and Master Plan Documents of the Authority.

ARTICLE VII

POWERS OF THE AUTHORITY
Pursuant to and to the extent required by Government Code section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Ripon is restricted in the exercise of its powers. In the event the City of Ripon shall cease to be a Member of the Authority, then the Authority shall be restricted in the exercise of its powers in the same manner as the City of Madera.

The Authority is hereby authorized to do all acts necessary or appropriate for the exercise of said powers, including, but not limited to any or all of the following:

1. Make and enter into contracts;

Joint Powers Agreement Page 6 Amended and Restated July 1, 2025

2. Incur debts, liabilities, and obligations, but no debt, liability, or obligation of the Authority is a debt, liability, or obligation of a Member City except as otherwise provided;

3. Assess Member Cities as deemed appropriate by the Executive Committee;

4. Acquire, hold, or dispose of real and personal property;

5. Receive contributions and donations of property, funds, services, and other forms of assistance from any source;

6. Sue and be sued in its own name;

7. Employ agents and employees;

8. Acquire, construct, manage, and maintain buildings;

9. Lease real or personal property, including property of a Member City; and

10. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement or otherwise authorized by law.

This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

ARTICLE VIII

BOARD OF DIRECTORS
A. STRUCTURE
The Authority shall be governed by a Board composed of one Representative from each Member City, each serving in an individual capacity as a member of the Board. Each Member City shall appoint one Representative. Appointments shall be limited to the City Manager/Administrator of each Member City or his/her authorized delegate. Each Member City shall also appoint one alternate Representative. The alternate Representative may attend and may participate in any meeting of the Board. When the regular Representative for whom he/she is an alternate is absent from the meeting, the alternate Representative may vote. Each Representative serves at the pleasure of the Member City being represented. Each Representative has one vote as the member of the Board.

Representatives are not entitled to compensation. However, the Executive Committee may authorize reimbursement for expense incurred by a Representative in connection with his/her duties for the Authority.

B. MEETINGS OF THE BOARD
The Board shall hold at least two meetings each year. The Executive Committee shall determine the date upon which and the hour and place at which each regular meeting is to be held.

The President may call for a special meeting of the Board in compliance with open meeting laws in the State of California or a majority of the Representatives may call for a special

Joint Powers Agreement Page 7 Amended and Restated July 1, 2025 meeting by filing a written request with the Secretary. The President must then set a date, time, and place for the meeting to be held within 30 days and must make provision for notice of the special meeting being given.

Each meeting of the Board, and each meeting of the Executive Committee, including, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the Government Code).

The Authority shall have minutes of regular and special meetings kept. As soon as possible after each meeting, copies of the minutes shall be forwarded to each Member City.

A majority of the members of the Board is a quorum for the transaction of business.

However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action, unless otherwise specified.

C. POWERS OF THE BOARD OF DIRECTORS
The Board shall provide policy direction for the Executive Committee, the officers, and the Administrator. The Board may delegate any and all of its authority to the Executive Committee except the following:

1. Amendments to the Bylaws, which requires at least a two-thirds (2/3rds) vote of the Board;

2. Creation of any new Joint Protection Program;

3. Termination of any Joint Protection Program;

4. Expulsion of a Member City;

5. Adoption of an operating budget for the Authority;

6. Amendments to the Authority's Conflict of Interest Code; and

7. Authorization for the issuance, modification, or defeasance of bonds.

ARTICLE IX

BYLAWS AND REGULATIONS
The Board shall adopt Bylaws and general regulations not inconsistent with State law and this Agreement.

ARTICLE X

EXECUTIVE COMMITTEE
The Board shall establish an Executive Committee and delegate functions not otherwise reserved to the entire Board. The Executive Committee shall be appointed, have the powers, and hold meetings as set forth in the Bylaws.

Joint Powers Agreement Page 8 Amended and Restated July 1, 2025

ARTICLE XI

OFFICERS
The officers of the Authority shall consist of an elected President, First Vice President, and Second Vice President, and an appointed Administrator, Secretary, and Treasurer. Other offices may be created by the Bylaws, Master Plan Documents, or the Administrator, subject to the approval of the Board or the Executive Committee, as applicable. All offices shall be filled and have the powers and responsibilities as prescribed in the Bylaws or Master Plan Documents.

The functions of auditor/controller of the Authority shall be performed by the Authority’s officers or employees. The Treasurer and auditor/controller have the powers, duties, and responsibilities specified in Government Code Section 6505.6. The Authority shall purchase a bond which includes coverage for the duties performed by the Treasurer and the auditor/controller.

ARTICLE XII

JOINT PROTECTION PROGRAMS
A. The Executive Committee may at any time, and from time to time, offer to the Board for adoption such Joint Protection Programs as may be deemed desirable. All Member Cities shall participate in those mandatory Joint Protection Programs as set forth in the Bylaws.

All other Joint Protection Programs shall be optional. The Board shall establish the amount of Deposit Premium, determine the amount of loss reserve contribution, provide for the handling of claims, and otherwise establish the policies and procedures necessary to provide a particular Joint Protection Program for Member Cities.

B. Each Joint Protection Program shall remain separate and distinct from every other Joint Protection Program and the liability and obligations of each program, and its participating Member Cities shall not be a liability or obligation of another program or participating Member City of another program. A Member City's participation in one program shall not obligate it or its funds on deposit with the Authority, to the debts, obligations, or liabilities of any other program. Separate accounting shall be maintained for each Joint Protection Program.

ARTICLE XIII

RESERVE FUNDS
The Authority may establish a fund for the purpose of paying the losses and establishing a reserve to cover the retained portion of losses that may be insured against by the Authority or the Member Cities. The funds shall be invested in compliance with the Authority's Investment Policy and relevant state laws.

Refunds shall be made in accordance with the Master Plan Document for each program.

Joint Powers Agreement Page 9 Amended and Restated July 1, 2025

ARTICLE XIV

OPERATING FUND
The Authority shall establish an Operating Fund. The Operating Fund is for the purpose of paying insurance premiums, broker's fees, adjusting fees, consultant and legal fees, and such other items as are appropriate. Just demands for payment shall be made by warrants in compliance with the adopted budget. The warrants shall be paid as directed by the Executive Committee. The Board may establish such other funds as it considers appropriate which shall be maintained and invested in the same manner as the Operating Fund.

ARTICLE XV
BUDGET
The Board shall adopt a budget annually.

ARTICLE XVI

FUNDING AND PROCEDURES FOR CALCULATING

ANNUAL CONTRIBUTIONS
The provisions for funding and calculating annual contributions shall be as set forth in the Bylaws and the Master Plan Documents for each program.

ARTICLE XVII

RESPONSIBILITIES OF AUTHORITY
The Authority may perform or have performed the following functions in discharging its responsibilities under this Agreement:

1. Assist Member Cities in developing their risk management programs;

2. Participate in risk management advisory committees formed by Member Cities;

3. Provide loss prevention, safety, and security services;

4. Provide all program services as required by program Master Plan Documents;

5. Provide loss analysis control by use of statistical analysis, data processing, and record and file keeping services. The purpose of this information is to identify high exposure operations and to evaluate proper levels of self-retention and deductibles;

6. Conduct risk management audits to review the participation of each Member City in the program; and

7. Perform other functions as required by the Board for the purpose of accomplishing the goals of this Agreement.

Joint Powers Agreement Page 10 Amended and Restated July 1, 2025

ARTICLE XVIII

RESPONSIBILITIES OF MEMBER CITIES
The Member Cities have the following responsibilities:

1. Pay all financial obligations to the Authority within the time prescribed;

2. Appoint an individual to be responsible for coordinating the risk management activities of his/her Member City with the Authority;

3. Conduct its operations in a manner which enhances safety and loss control consistent with recommendations by Authority staff;

4. Carry out the duties and responsibilities as assigned or mandated by the Board of Directors and/or the Executive Committee which may include, but are not limited to, adherence to and/or adoption of policies and procedures, support of initiatives deemed necessary for the proper functioning of the Authority, and timely execution of tasks deemed necessary for the operation and governance of the Authority;

5. Report to the risk manager during the development stages the addition of new programs or the significant reduction or expansion of existing programs;

6. Permit and assist the Authority in conducting on-site safety and loss control inspections and/or safety or risk management audits as required by the Board;

7. Submit underwriting information requested by the Authority on a timely basis;

8. Provide accurate statistical data concerning the Member City to the Authority when requested;

9. Cooperate fully with the Authority in determining the cause of losses and in the settlement of losses;

10. Cooperate to the fullest extent with the Authority's Litigation Manager on matters of claims and the conduct of defense of claims; and

11. Comply with risk management requirements established under the authority of this Agreement.

ARTICLE XIX

WITHDRAWAL
Any Member City, at their sole discretion, may voluntarily withdraw from membership in the Authority only at the end of any fiscal year by notifying the Authority in writing six (6) months prior to the end of any fiscal year, or at any other time which is agreed to by the Board, unless otherwise prohibited in the Master Plan Document of any program. A notice of withdrawal shall be final and irreversible upon its receipt by the Authority unless the Board authorizes it to be rescinded by the Member City.

Joint Powers Agreement Page 11 Amended and Restated July 1, 2025

ARTICLE XX

INVOLUNTARY TERMINATION
A Member City may be removed from this Agreement by a two-thirds (2/3rds) vote of the Board for non-compliance with any provision of the governing documents. Such involuntary termination shall proceed in accordance with the provisions set forth in the Bylaws.

ARTICLE XXI

CONTINUED LIABILITY
Upon any withdrawal or involuntary termination of a Member City, the said Member City shall continue to be responsible for any unpaid insurance premiums, deposit premiums, surcharges, administration costs, and claims and for any debts and assessments in accordance with the provisions of this Agreement, the Bylaws, Resolutions, and the Master Plan Documents of Joint Protection Programs in which the Member City has participated.

ARTICLE XXII

REFUNDS UPON WITHDRAWAL OR INVOLUNTARY TERMINATION
In the event a Member City withdraws from the Authority or its membership is involuntarily terminated, said Member City shall thereafter be entitled to receive its unobligated share of monies held by the Authority, less any and all amounts owed the Authority whether contingent or not, by the said withdrawing or terminated Member City. The remainder of any funds held by the Authority for the withdrawing or terminating Member City subject to any retention amount as provided below, shall be the unobligated share and shall be refunded to the Member City and shall be accepted in full settlement and satisfaction against any claims the Member City may have against the Authority. The Authority shall require that sufficient funds are retained on deposit with the Authority to completely pay any and all unpaid insurance premiums, deposit premiums, surcharges, administration costs, or claims, including any amounts for unreported claims and maturity of claims against said withdrawing or terminating Member City, and the amount to be retained on deposit shall be determined by the Authority. Any and all rights, entitlements, benefits, and obligations after withdrawal or termination shall be subject to ongoing obligations and responsibilities agreed to by a Member City by agreeing to participate in any pooled Joint Protection Programs.

ARTICLE XXIII

TERMINATION OF AUTHORITY
The Authority may be terminated at any time if two-thirds (2/3rds) of the respective city councils of the then-Member Cities adopt a resolution requesting termination of the Authority; provided, however, that this Joint Powers Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, concluding any pending litigations, for the liquidation and distribution of assets, and for all other functions necessary to conclude the affairs of the Authority.

Joint Powers Agreement Page 12 Amended and Restated July 1, 2025 The Board shall take whatever action is necessary or appropriate to cause these ongoing responsibilities to be discharged and to effectively close out the affairs of the Authority. Upon completion of the liquidation and dissolution of the Authority, the Authority shall pay to each city which was a member of the Authority at the time of termination its pro rata share based on a city's contribution to the Authority, as determined by an independent Certified Public Accountant which has audited the financial records of the Authority, of the remaining assets of the Authority and shall pay to each Member City all monies held by the Authority in the reserve funds of that Member City.

ARTICLE XXIV
AUDIT
The Authority shall obtain an annual certified audit of its accounts and financial records which shall be made by a Certified Public Accountant and shall conform to generally accepted auditing standards.

ARTICLE XXV

ARBITRATION
Any controversy between the parties hereto arising out of this Agreement shall be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.

ARTICLE XXVI

BINDING EFFECT OF BYLAWS, MASTER PLAN DOCUMENTS,

AND MEMORANDA OF COVERAGE
Each party to this Agreement by the execution hereof agrees to be bound by and to comply with all of the terms and conditions of this Agreement, the Bylaws, the Master Plan Documents, Memoranda of Coverage, and any resolution adopted by the Authority, the Board of Directors, or the Executive Committee as they now exist or may hereafter be adopted or amended.

ARTICLE XXVII

ENFORCEMENT
The Authority is hereby granted authority to enforce this Agreement. In the event action is instituted by the Authority to enforce any term of this Agreement, the Bylaws, or the Master Plan Document of any program against any Member City, the prevailing party shall be entitled to reasonable attorney fees and costs incurred because of said action, in addition to other appropriate relief.

Joint Powers Agreement Page 13 Amended and Restated July 1, 2025

ARTICLE XXVIII

AMENDMENTS
This Agreement may be amended by written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the Member Cities that are parties to this Agreement. Upon signature of any amendment by two-thirds (2/3rds) of the Member Cities, any Member City failing or refusing to abide by such amendment may be involuntarily terminated as a party to this Agreement as provided herein.

ARTICLE XXIX

NOTICES

Notices under this Agreement shall be sufficient if delivered to the office of the Clerk or Secretary of the respective jurisdictions.

ARTICLE XXX

COUNTERPARTS
This Agreement may be executed in one or more counterparts and shall be as fully effective as though executed in one document.

Dated:

MEMBER CITY
BY:

RESOLUTION APPROVING AMENDMENT TO JOINT POWERS AGREEMENT OF THE

CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY
WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; WHEREAS, the City of ____ is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; WHERAS, the City of ____ is a member of the CSJVRMA;
WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA;
WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein;
The City hereby resolves:

IT IS HEREBY RESOLVED that the City Council of ______________________ __________________________ approves the Central San Joaquin Valley Risk Management Authority Joint Powers Agreement, dated July 1, 1994, as amended and restated on July 1, 2025, and in the form as attached hereto, and it is FURTHER RESOLVED that the City Manager/Administrator is authorized and directed to execute such agreement.

The forgoing resolution was adopted this _____ day of ___________, 20__ by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

MAYOR/CITY MANAGER
ATTEST:
_______________________________________

CITY CLERK

ITEM NO. 7

COUNCIL AGENDA ITEM
FOR AUGUST 4, 2025
Prepared By: Celinda Bickner, FDHRA
Date: July 10, 2025
Subject: Continuance of Belleterra Estates, Landscape Maintenance District No. 01-1, Public Hearing on Levy of Assessment, and Consider Adoption of Resolution XX-25 Approving the Engineer’s Report Including Confirming the Diagram, Assessments, and Ordering the Levy of Assessments for Fiscal Year 2025- 2026
Recommendation:

For Belleterra Estates, Landscape Maintenance District No. 01-1 (“LMD”):

1. Continue a Public Hearing on the levy of the proposed assessment

2. Adopt Resolution No. XX-25 approving the Engineer’s Report including confirming the diagram, assessments, and ordering the levy of assessments for Fiscal Year 2025-2026.

Strategic Plan Priority:

This action supports Escalon 2025-26 Strategic Plan Priority #2, Fiscal Stability. Landscape and Lighting Districts (LLDs) provide dedicated revenue for the ongoing maintenance, repair, and replacement of infrastructure and amenities in their respective neighborhoods throughout the City.

Background and Discussion:

At the July 7, 2025 City Council meeting, the Council reviewed and preliminarily approved the FY 2025-2026 Engineer’s Report for the LMD and scheduled the required public hearing for July 21, 2025.

At the July 21, 2025 meeting, Council continued the hearing to the August 4, 2025 City Council Meeting.

This assessment funds the costs of electricity, water, and maintenance associated with landscaping, trees, lighting, irrigation, drainage systems, pedestrian and bicycle paths, playground equipment and other public amenities within the Belleterra Estates development. The assessment district was established in 2001.

The Fiscal Year (FY) 2025-26 Engineer’s Report includes updated language in the sections for

Playground Equipment & Amenities, Fences, and Masonry Walls (see attached Exhibit 2). The Engineer’s Report also contains updated maintenance and replacement cost estimates to reflect the LMD’s current costs.

For FY 2025-26, staff has reevaluated and updated the actual costs of services to the LMD in establishing the proposed assessment rate. The assessment per single-family residential unit is proposed at $662.12, an increase of $126.18 from the prior year’s assessment of $535.94.

In FY 2025-26, the collection of the Capital Replacement Reserve Fund is proposed for the cost of replacing the playground equipment and amenities within the LMD which, due to the costs of replacement, cannot be conveniently raised from a single annual assessment. The purpose of the fund is to gradually collect and accumulate the revenue required to complete all necessary capital replacement ensuring the safe and continued operation of public improvementsfor property owners to use and enjoy. The fund also helps to ensure the ability to replace the equipment at the time replacement is needed and not having to close the park until funds have been collected, which could take several years to raise.

The LMD’s maximum allowable assessment for FY 2025-26 is $697.15 and is authorized to be increased 3% annually. The City has levied an annual assessment at a rate less than the maximum authorized assessment. For Fiscal Year 2025-26, the proposed assessment is $662.12, which is approximately 5% lower than the maximum assessment permitted. The City Council retains the discretion to adopt a lower assessment than the proposed assessment.

Assessment History by Fiscal Year
FY 21/22 FY 22/23 FY 23/24 FY 24/25 Proposed FY
25/26
Assessment $ 475.08 $ 480.52 $ 494.92 $ 535.94 $ 662.12 Change $ $ 163.44 $ 5.44 $ 14.40 $ 41.02 $ 126.18
Change % 52% 1% 3% 8% 24%
Comparison of Maximum and Proposed Assessment
Maximum
Assessment
Proposed
FY 25/26
Assessment
$ Below
Max
% Below
Max
Belleterra $ 697.15 $ 662.12 $ 35.03 5%
Further details and financial analysis are available in the attached Engineer’s Report for FY 2025-26.

Public Noticing:

A Notice of Public Hearing was published in the following locations on July 9, 2025:
• Escalon Times Newspaper
• City Hall bulletin boards

• City’s website
• Postcard advertising the public hearing was mailed to all parcel owners within the LMDs • Council continued the item from the July 21, 2025 meeting to the August 4, 2025 City Council Meeting
Fiscal Impact:

Following Council approval, the adopted assessments will be submitted to the San Joaquin County Tax Collector for inclusion on the property tax roll. There is no expected impact to the General Fund associated with the approval LMD Engineer’s Report and assessments.

Exhibits:

1. Final Engineer’s Report FY 2025-2026 for Belleterra Estates Landscape Maintenance District No. 01-1

2. Redline Excerpt of Final Engineer’s Report

3. Resolution XX-25 Approving the Annual Assessment Report and Ordering the Levy and Collection of Assessments for the Belleterra Estates Landscape Maintenance District 01-1, for Fiscal Year 2025/26

CITY OF ESCALON
FINAL ENGINEER’S REPORT
FISCAL YEAR 2025-26

BELLETERRA ESTATES LANDSCAPE

MAINTENANCE DISTRICT
JUNE 2025

PREPARED BY
Harris & Associates
1401 Willow Pass Road, Suite 500
Concord, CA 94520
www.weareharris.com
EXHIBIT 1

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26

TABLE OF CONTENTS
STATEMENT OF ASSESSMENT ENGINEER….……………………………………………………………..1 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…………………………………………………………………………..15 APPENDIX B – DISTRICT DIAGRAM………….……………………………………………………………...20 APPENDIX C – IMPROVEMENT MAP……….……………………………………………………………...21

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
1 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 2025-26
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 2025-

26. 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”),
I, 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 2025-26.

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 has also been filed under separate cover with the office of the City Clerk.

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
2 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 19th day of May, 2025
___________________________________________
Alison Bouley, P.E., Assessment Engineer
R.C.E. No. C61383
Engineer of Work

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
3 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 2025-26 to ensure continued maintenance and future replacement.

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
4 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 2025-26 District budget is shown on the following page.

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
5 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 2025-26 District budget is shown below.

ESTIMATE OF COST
1 The annual Capital Replacement cost of $3,000.00, as shown in the table above, represents an annual charge of approximately $20.98 per parcel/unit.

DIRECT COSTS
Utility – Water (based on prior year consumptions w/current rates) $26,951.00 Utility – Electricity (sprinkler timers, est. @ $55.08 per month) 661.00 Shadowood Park Annual Rubber Bark Replenishment 1,000.00 Sidewalk Repair from Street Tree Damage 1,000.00
Contract Services – Street Lights (44 lights @ avg. of $3.87 each – monthly) 2,047.00 Contract Services – Park Maintenance ($3,056.50 monthly contract & incidentals) (ex: tree maintenance, replacement, sprinkler repairs, etc.) Tree Maintenance Professional Expenses - 221-6850-329 2,511.00 Special Departmental Expenses - 221-6850-329 3,276.00
Professional Services – Public Works (inspection, repairs & maintenance) 2,217.00 Property Tax Charges - 221-6850-329 858.00
Direct Costs Sub-Total $77,199.00

CAPITAL REPLACEMENT COSTS
Annual collection to replace playground equipment (1) 3,000.00 Belleterra Comprehensive Street Tree Trimming 3,000.00
Masonry Wall Along Shadowood Park (312') 1,177.80
Wood Fence Along Pedestrian Path Between Brennan Ave. and Albert Ln. (158') 395.00 Chain Link Fence Between Shadow Wood Park and Orchard (325') 325.00 Masonry Wall Along Brennan Avenue (882') 3,519.40
Capital Replacement Costs Sub-Total $11,417.20

ADMINISTRATIVE COSTS
Professional Services – Engineer (Harris & Assoc. charge of $452.50 per quarter) $1,810.00 Public Mail Notice ($1.50 per parcel) $214.50
General Government Charge (City admin fee – See Descriptions below) 3,613.00 County Administration Fee (See Descriptions below) 429.00 Rounding Adjustment (to make an even penny for tax roll purposes) 0.46 Administrative Costs Sub-Total $6,066.96
SUBTOTAL DIRECT, CAPTIAL AND ADMINISTRATIVE COSTS $94,683.16 Operating Reserve Collection/(Reduction) 0.00
TOTAL BALANCE TO ASSESSMENT $94,683.16
Total Assessable Parcels/Units 143
ASSESSMENT PER PARCEL/EDU $662.12
36,678.00

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
6 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 2025-26 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
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 was increased again for Fiscal Year 2025-26 to $3,056.50.
• 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 2025-26 fiscal year, as shown on the budget page.

OPERATING FUND
Estimated Reserve Fund Beginning Balance as of July 1, 2025 $0.00 Operating Reserve Collection – Fiscal Year 2025-26 0.00 Interest Revenue 753.00
Estimated Reserve Fund Balance Ending June 30, 2026 $753.00

CAPITAL REPLACEMENT FUND
Capital Replacement Fund Balance as of July 1, 2025 $7,985.31 Capital Replacement Collections – Fiscal Year 2025-26 11,417.20 Interest Revenue 0.00
Estimated Capital Replacement Fund Balance Ending June 30, 2026 $19,402.51

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
7 • 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 total of 4.0%. This percentage will be re-evaluated every ten years to determine if an adjustment to the annual collections is necessary. The cost was reevaluated in 2024 and based on a 2% annual inflator each year, the total estimated full replacement cost in 2026 is $37,454. • Masonry Wall at Shadow Wood Park: Funds collected on an annual basis for the eventual replacement of this masonry wall. The wall has a finite life span and will require replacement after approximately 50 years. The wall 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, 2% has been added to the annual collection amount. In the year 2054, the costs to replace the equipment will have increased by an estimated 81.1%, 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 $113,029.

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
8 • 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 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. 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 occasionally to determine if an adjustment to the annual collections is necessary. The estimated full replacement cost in 2026 is estimated at $8,219. • 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, 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 48.5%, 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 $14,488. • Masonry Wall along Brennan Ave: Funds will be collected on an annual basis for the eventual replacement of this masonry wall. The wall has a finite life span and will require replacement after approximately 50 years. The wall was installed as part of the development in 2001 and will likely need replacement within the next 30 years.

The full replacement cost is estimated to be $176,400, in 2024 dollars. To account for inflation over the next thirty years, 2% has been added to the annual collection amount. In the year 2054, the costs to replace the equipment will have increased by an estimated 81.1%, 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 $319,524.

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
9 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.

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
10 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
Definitions from Streets and Highways Code:

Section 22525 “Improvement” means one or any combination of the following:
(a) Installation and planting of landscaping
(b) The installation and construction of statuary, fountains and other ornamental structures and facilities. (c) The installation and construction of public lighting facilities, including but not limited to traffic signals. (d) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance and servicing thereof, including, but not limited to grading, clearing, removal of debris, the installation or construction of curbs, gutters, sidewalks, walls or paving, or water, irrigation, drai9nage or electrical facilities.
(e) The installation of parks or recreational improvements, including, but not limited to all of the following:
• Land preparation such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage
• Lights, playground equipment, play courts and public restrooms (f) The maintenance or servicing or both, of any of the foregoing, and any improvement authorized by subdivision (i). (g) The acquisition of land for park, recreational or open space purposes. (h) The acquisition of any existing improvement otherwise authorized pursuant to this section. (i) The acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation or performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties or other group activities or functions, whether such, activities or functions are public or private.

Section 22526 “Incidental Expenses” include all of the following:
(a) The costs and preparation of the report, including plans, specifications, estimates, diagrams and assessment. (b) The costs of printing, advertising and giving of published, posted and mailed notices. (c) Compensation payable to the county for the collection of assessments. (d) Compensation of any engineer or attorney employed to render services in proceedings pursuant to this part. (e) Any other expenses incidental to the construction, installation or maintenance and servicing of the improvements. (f) Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the Act. (g) Any costs associated with any elections held for the approval of a new or increased assessment.

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
11 Section 22531 “Maintain” or “maintenance” include means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including:
(a) Repair, removal or replacement of all or any part of any improvement (b) Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease and injury. (c) The removal of trimmings, rubbish, debris and other solid waste. (d) The cleaning, sandblasting and painting of walls and other improvements to remove or cover graffiti.

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.

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”

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
12 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:
• 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.

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
13 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 (2025-26) shall be $697.15. The table below 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.

Fiscal Year
Allowable
Increase
Increase
Calculation
Adjusted Max.

Assessment
Proposed
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
2025-26 3.00% 1.03 $697.15 $662.12

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
14 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.

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
15 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 2025-26, 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.

APN
Lot
Number EDU
2025-26
Maximum
Assessment
Rate
2025-26
Approved
Assessment
Rate
2025-26
Actual
Assessment
Rate
225-310-01 1 1.00 $697.15 $662.12 $662.12
225-310-02 2 1.00 $697.15 $662.12 $662.12
225-310-03 3 1.00 $697.15 $662.12 $662.12
225-310-04 4 1.00 $697.15 $662.12 $662.12
225-310-05 5 1.00 $697.15 $662.12 $662.12
225-310-06 6 1.00 $697.15 $662.12 $662.12
225-310-07 7 1.00 $697.15 $662.12 $662.12
225-310-08 8 1.00 $697.15 $662.12 $662.12
225-310-09 9 1.00 $697.15 $662.12 $662.12
225-310-10 10 1.00 $697.15 $662.12 $662.12
225-310-11 11 1.00 $697.15 $662.12 $662.12
225-310-12 12 1.00 $697.15 $662.12 $662.12
225-310-13 13 1.00 $697.15 $662.12 $662.12
225-310-14 14 1.00 $697.15 $662.12 $662.12
225-310-15 15 1.00 $697.15 $662.12 $662.12
225-310-16 16 1.00 $697.15 $662.12 $662.12

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
16 APN
Lot
Number EDU
2025-26
Maximum
Assessment
Rate
2025-26
Approved
Assessment
Rate
2025-26
Actual
Assessment
Rate
225-310-17 17 1.00 $697.15 $662.12 $662.12
225-310-18 18 1.00 $697.15 $662.12 $662.12
225-310-21 21 1.00 $697.15 $662.12 $662.12
225-310-22 22 1.00 $697.15 $662.12 $662.12
225-310-23 23 1.00 $697.15 $662.12 $662.12
225-310-24 24 1.00 $697.15 $662.12 $662.12
225-310-25 25 1.00 $697.15 $662.12 $662.12
225-310-26 26 1.00 $697.15 $662.12 $662.12
225-310-27 27 1.00 $697.15 $662.12 $662.12
225-310-28 20 1.00 $697.15 $662.12 $662.12
225-310-29 19 1.00 $697.15 $662.12 $662.12
225-320-01 28 1.00 $697.15 $662.12 $662.12
225-320-02 29 1.00 $697.15 $662.12 $662.12
225-320-03 30 1.00 $697.15 $662.12 $662.12
225-320-04 31 1.00 $697.15 $662.12 $662.12
225-320-05 32 1.00 $697.15 $662.12 $662.12
225-320-06 33 1.00 $697.15 $662.12 $662.12
225-320-07 34 1.00 $697.15 $662.12 $662.12
225-320-08 35 1.00 $697.15 $662.12 $662.12
225-320-09 36 1.00 $697.15 $662.12 $662.12
225-320-10 37 1.00 $697.15 $662.12 $662.12
225-320-11 38 1.00 $697.15 $662.12 $662.12
225-320-12 39 1.00 $697.15 $662.12 $662.12
225-320-13 40 1.00 $697.15 $662.12 $662.12
225-320-14 41 1.00 $697.15 $662.12 $662.12
225-320-15 42 1.00 $697.15 $662.12 $662.12
225-320-16 43 1.00 $697.15 $662.12 $662.12
225-320-17 44 1.00 $697.15 $662.12 $662.12
225-320-18 45 1.00 $697.15 $662.12 $662.12
225-320-19 46 1.00 $697.15 $662.12 $662.12
225-320-20 47 1.00 $697.15 $662.12 $662.12
225-320-21 48 1.00 $697.15 $662.12 $662.12
225-320-22 49 1.00 $697.15 $662.12 $662.12
225-320-23 50 1.00 $697.15 $662.12 $662.12
225-320-24 51 1.00 $697.15 $662.12 $662.12
225-330-01 61 1.00 $697.15 $662.12 $662.12
225-330-02 62 1.00 $697.15 $662.12 $662.12

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
17 APN
Lot
Number EDU
2025-26
Maximum
Assessment
Rate
2025-26
Approved
Assessment
Rate
2025-26
Actual
Assessment
Rate
225-330-03 63 1.00 $697.15 $662.12 $662.12
225-330-04 64 1.00 $697.15 $662.12 $662.12
225-330-05 65 1.00 $697.15 $662.12 $662.12
225-330-06 66 1.00 $697.15 $662.12 $662.12
225-330-07 67 1.00 $697.15 $662.12 $662.12
225-330-08 68 1.00 $697.15 $662.12 $662.12
225-330-09 69 1.00 $697.15 $662.12 $662.12
225-330-10 70 1.00 $697.15 $662.12 $662.12
225-330-11 71 1.00 $697.15 $662.12 $662.12
225-330-12 72 1.00 $697.15 $662.12 $662.12
225-330-13 73 1.00 $697.15 $662.12 $662.12
225-330-14 76 1.00 $697.15 $662.12 $662.12
225-330-15 77 1.00 $697.15 $662.12 $662.12
225-330-16 78 1.00 $697.15 $662.12 $662.12
225-330-17 79 1.00 $697.15 $662.12 $662.12
225-330-18 80 1.00 $697.15 $662.12 $662.12
225-330-19 81 1.00 $697.15 $662.12 $662.12
225-330-20 82 1.00 $697.15 $662.12 $662.12
225-330-21 83 1.00 $697.15 $662.12 $662.12
225-330-22 84 1.00 $697.15 $662.12 $662.12
225-330-23 85 1.00 $697.15 $662.12 $662.12
225-330-24 86 1.00 $697.15 $662.12 $662.12
225-330-25 87 1.00 $697.15 $662.12 $662.12
225-330-26 B 0.00 $697.15 $662.12 $0.00
225-330-27 A 0.00 $697.15 $662.12 $0.00
225-340-01 52 1.00 $697.15 $662.12 $662.12
225-340-02 53 1.00 $697.15 $662.12 $662.12
225-340-03 54 1.00 $697.15 $662.12 $662.12
225-340-04 55 1.00 $697.15 $662.12 $662.12
225-340-05 56 1.00 $697.15 $662.12 $662.12
225-340-06 57 1.00 $697.15 $662.12 $662.12
225-340-07 58 1.00 $697.15 $662.12 $662.12
225-340-08 59 1.00 $697.15 $662.12 $662.12
225-340-09 60 1.00 $697.15 $662.12 $662.12
225-340-10 74 1.00 $697.15 $662.12 $662.12
225-340-11 75 1.00 $697.15 $662.12 $662.12
225-340-12 88 1.00 $697.15 $662.12 $662.12

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
18 APN
Lot
Number EDU
2025-26
Maximum
Assessment
Rate
2025-26
Approved
Assessment
Rate
2025-26
Actual
Assessment
Rate
225-340-13 89 1.00 $697.15 $662.12 $662.12
225-340-14 90 1.00 $697.15 $662.12 $662.12
225-340-15 91 1.00 $697.15 $662.12 $662.12
225-340-16 92 1.00 $697.15 $662.12 $662.12
225-340-17 93 1.00 $697.15 $662.12 $662.12
225-340-18 94 1.00 $697.15 $662.12 $662.12
225-340-19 Por. of C 0.00 $697.15 $662.12 $0.00
225-340-20 Por. of C 0.00 $697.15 $662.12 $0.00
225-340-22 95 1.00 $697.15 $662.12 $662.12
225-340-23 96 1.00 $697.15 $662.12 $662.12
225-340-24 97 1.00 $697.15 $662.12 $662.12
225-340-25 98 1.00 $697.15 $662.12 $662.12
225-340-26 99 1.00 $697.15 $662.12 $662.12
225-340-27 100 1.00 $697.15 $662.12 $662.12
225-340-28 101 1.00 $697.15 $662.12 $662.12
225-340-29 102 1.00 $697.15 $662.12 $662.12
225-340-30 103 1.00 $697.15 $662.12 $662.12
225-340-31 104 1.00 $697.15 $662.12 $662.12
225-340-32 105 1.00 $697.15 $662.12 $662.12
225-340-33 106 1.00 $697.15 $662.12 $662.12
225-340-34 107 1.00 $697.15 $662.12 $662.12
225-340-35 108 1.00 $697.15 $662.12 $662.12
225-340-36 109 1.00 $697.15 $662.12 $662.12
225-340-37 110 1.00 $697.15 $662.12 $662.12
225-340-38 111 1.00 $697.15 $662.12 $662.12
225-340-39 112 1.00 $697.15 $662.12 $662.12
225-340-40 113 1.00 $697.15 $662.12 $662.12
225-340-41 114 1.00 $697.15 $662.12 $662.12
225-340-42 115 1.00 $697.15 $662.12 $662.12
225-340-43 116 1.00 $697.15 $662.12 $662.12
225-340-44 117 1.00 $697.15 $662.12 $662.12
225-340-45 118 1.00 $697.15 $662.12 $662.12
225-340-46 119 1.00 $697.15 $662.12 $662.12
225-340-47 120 1.00 $697.15 $662.12 $662.12
225-340-48 121 1.00 $697.15 $662.12 $662.12
225-340-49 122 1.00 $697.15 $662.12 $662.12
225-340-50 123 1.00 $697.15 $662.12 $662.12

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
19 APN
Lot
Number EDU
2025-26
Maximum
Assessment
Rate
2025-26
Approved
Assessment
Rate
2025-26
Actual
Assessment
Rate
225-340-51 124 1.00 $697.15 $662.12 $662.12
225-340-52 125 1.00 $697.15 $662.12 $662.12
225-340-53 126 1.00 $697.15 $662.12 $662.12
225-340-54 127 1.00 $697.15 $662.12 $662.12
225-340-55 A 0.00 $697.15 $662.12 $0.00
225-340-56 B 0.00 $697.15 $662.12 $0.00
225-340-57 128 1.00 $697.15 $662.12 $662.12
225-340-58 129 1.00 $697.15 $662.12 $662.12
225-340-59 130 1.00 $697.15 $662.12 $662.12
225-340-60 131 1.00 $697.15 $662.12 $662.12
225-340-61 132 1.00 $697.15 $662.12 $662.12
225-340-62 136 1.00 $697.15 $662.12 $662.12
225-340-63 133 1.00 $697.15 $662.12 $662.12
225-340-64 134 1.00 $697.15 $662.12 $662.12
225-340-65 135 1.00 $697.15 $662.12 $662.12
225-340-66 137 1.00 $697.15 $662.12 $662.12
225-340-67 138 1.00 $697.15 $662.12 $662.12
225-340-68 139 1.00 $697.15 $662.12 $662.12
225-340-69 140 1.00 $697.15 $662.12 $662.12
225-340-70 141 1.00 $697.15 $662.12 $662.12
225-340-71 142 1.00 $697.15 $662.12 $662.12
225-340-72 143 1.00 $697.15 $662.12 $662.12
TOTALS: 143.00 $94,683.16

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
20 APPENDIX B – ASSESSMENT DIAGRAM

Engineer’s Report
Belleterra Estates Landscape Maintenance District
City of Escalon
Fiscal Year 2025-26
21 APPENDIX C – IMPROVEMENT MAP

EXHIBIT 2
Belleterra LLMD
Redline Changes from FY 2024/25 Final Engineer’s Report to FY 2025/26 Final Engineer’s Report (Pages 7-8)

PLAYGROUND EQUIPMENT & AMENITIES
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 total of 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.The cost was reevaluated in 2024 and based on a 2% annual inflator each year, the total estimated full replacement cost in 2026 is $37,454.

MASONRY WALLAT SHADOW WOOD PARK
Masonry Wall at Shadow Wood Park: Funds collected on an annual basis for the eventual replacement of the this masonry wall bordering Shadow Wood Park. The wall has a finite life span and will require replacement after approximately 50 years. The wall 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,

60.02% (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 60.081.1%, 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 $99,840113,029.

WOOD FENCE
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 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. 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

occasionally to determine if an adjustment to the annual collections is necessary. The estimated full replacement cost in 2026 is estimated at $8,219.

CHAIN LINK FENCE
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, 402.0% (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 40.048.5%, 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 $13,65014,448.

MASONRY WALL ALONG BRENNAN AVE
Masonry Wall along Brennan Ave: Funds will be collected on an annual basis for the eventual replacement of the this masonry wall along Brennan Avenue. The wall has a finite life span and will require replacement after approximately 50 years. The wall was installed as part of the development in 2001 and will likely need replacement within the next 30 years. The full replacement cost estimate is estimated to be $176,400, 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 60.081.1%, 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 $282,240319,524.

Resolution xx-25

RESOLUTION NO. XX-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCALON APPROVING

THE ANNUAL ASSESSMENT REPORT AND ORDERING THE LEVY AND

COLLECTION OF ASSESSMENTS FOR THE BELLETERRA ESTATES LANDSCAPE MAINTENANCE DISTRICT NO. 01-1, FOR FISCAL YEAR 2025/26
WHEREAS, the City Council of the City of Escalon has, by previous Resolutions, initiated proceedings and declared its intention to levy and collect annual assessments in a special maintenance district created pursuant to the terms of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “1972 Act”). Said special maintenance district is known and designated as the Belleterra Estates Landscape Maintenance District No. 01-1, (the “District”); and, WHEREAS, the City Council upon review of the estimated costs of certain improvements had previously determined that such costs were greater than what can be conveniently raised from a single year’s annual assessment, therefore the City Council found it necessary to collect assessments to cover the costs of certain improvements in installments over a period not to exceed 30 years pursuant to section 22660(b) of the 1972 Act; and, WHEREAS, at this time all notice and public hearing requirements as required by the 1972 Act and article XIII D, section 4 of the California Constitution (“Proposition 218”) have been met relating to the levy of the annual assessments; and,
WHEREAS, at the public hearing all interested persons were afforded the opportunity to be heard, the City Council considered all oral statements and all written protests filed prior to the close of the public hearing; and,
WHEREAS, the City Council has received and reviewed an Annual Assessment Report (the “Report”) and is now satisfied with the assessments, diagram and all other matters as contained in the Report as it is now submitted for final consideration and approval; and, WHEREAS, the assessments are in compliance with all laws pertaining to the levy of the District assessments; said assessments are levied without regard to property valuation and are in compliance with the provisions of the 1972 Act and Proposition 218; and the City Council now desires to approve the assessments and diagram.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ESCALON AS FOLLOWS:

RECITALS
Section 1. The above recitals are all true and correct and are incorporated herein by this reference.

Section 2. This City Council hereby finds and determines that the procedures for the consideration of the levy of the annual assessments have been undertaken in accordance with the 1972 Act and Proposition 218. The proposed assessments for EXHIBIT 3

Resolution xx-25

Fiscal Year 2025/26 are not proposed to be increased beyond what was previously authorized at the time of formation of the District.

DETERMINATION AND CONFIRMATION
Section 3. The final assessments and diagram for the proceedings, as contained in the Report, are hereby approved and confirmed.

Based upon the Report, testimony, and other evidence presented at the Public Hearing, the City Council hereby makes the following determinations regarding the proposed assessments:
a. The proportionate special benefit derived by each assessed parcel has been determined in relationship to the entirety of the cost of the operations, maintenance and servicing of the improvements.
b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.
c. Only special benefits have been assessed.

The assessments for the District contained in the Report for Fiscal Year 2025/26 are hereby confirmed and levied upon the assessable lots or parcels within the District in the amounts set forth in the Report.

ORDERING OF MAINTENANCE
Section 4. The public interest and convenience requires and this legislative body does hereby order the maintenance work to be performed as said maintenance work is set forth in the Report and as previously declared and set forth in the Resolution of Intention.

FILING WITH SECRETARY
Section 5. The above referenced Report shall be filed in the Office of the City Clerk and shall remain open for public inspection.

ENTRY UPON THE ASSESSMENT ROLL
Section 6. The County Auditor shall enter onto the County assessment roll, opposite each lot or parcel of land, the amount assessed thereupon, as shown in the Report.

COLLECTION AND PAYMENT
Section 7. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments.

Resolution xx-25

FISCAL YEAR
Section 8. The assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2025 and ending June 30, 2026.

PASSED, APPROVED AND ADOPTED this 21st day of July, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Andrew Hagan, Mayor
ATTEST:
___________________________
Michele Bates, Deputy City Clerk

ITEM NO. 8

COUNCIL AGENDA ITEM
FOR AUGUST 4, 2025
Prepared By: Jaylen French, City Manager
Date: July 29, 2025
Subject: Update Measure P Advisory Committee Policy to Adjust Membership from Five Members to Three Members (This Item Will be Heard Before Item 2) Recommendation:

Adopt Resolution xx-25, and thus repeal Resolution 27-25, updating the Escalon Measure P Advisory Committee Policy to adjust membership from five to three.

Strategic Plan Priority:

This item is consistent with the Escalon 2025-2026 Strategic Plan Priority #2, Fiscal Stability, in that it proposes to form an advisory Committee which would make recommendations to the council on expenditure priorities from Measure P revenue.

Background and Discussion:

On November 5, 2024, the City of Escalon electorate approved “Measure P”, a one (1) percent sales tax measure.

On March 3, 2025, pursuant to an Agenda Item Request from Councilmember Engle and Mayor Hagan, the Escalon City Council discussed and considered various elements of a Measure P Advisory Committee.

On April 7, 2025, the City Council provided direction to City staff to form a Measure P Advisory Committee.

The Measure P Advisory Committee (“Committee”) is intended to advise the City Council—the governing body of the City charged with approving the annual budget—on the use of funds generated from ”Measure P”, a 1 percent sales tax measure approved by the Escalon voters in November 2024 and is established to seek input and feedback from the community in order to develop and prepare recommendations to the Escalon City Council on community desires and prioritized use of Measure P funds.

The Committee is to be comprised of five (5) residents of the City of Escalon, who are registered

voters. The Committee is to advise the City Council, and serves at the pleasure of the City Council.

Committee members will serve three (3) year terms after the initial terms which will be staggered.

The Council intends that the Committee should meet no less than four times per year and the members shall otherwise be present in the community to solicit input and feedback on community desires and priorities for Measure P use, and that the Committee provide two presentations to the Council each year—prior to mid-year budget approval and fiscal year budget approval.

On May 19, 2025, the Escalon City Council established the Committee and adopted the associated policy.

On July 21, 2025, the Escalon City Council gave direction to staff to revise the Committee membership count from five members to three members. This item formalizes that direction through the adoption of Resolution xx-25, which denotes the change in Policy associated with the revised membership number.

Fiscal Impact:

There is no direct fiscal impact associated with the formation of a Measure P Advisory Committee.

The Committee would help to advise the Council on community desires and prioritized use of Measure P Funds.

Attachments

1. Resolution xx-25

2. Measure P Advisory Policy

82108.00230\43390329.1
RESOLUTION NO. XX-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCALON

ESTABLISHING THE ESCALON MEASURE P ADVISORY COMMITTEE AND

ADOPTING THE MEASURE P ADVISORY COMMITTEE POLICY
WHEREAS, on November 5, 2024, the City of Escalon electorate approved “Measure P”, a one (1) percent sales tax measure, which took effect on April 1, 2025; and WHEREAS, on March 3, 2025, pursuant to an Agenda Item Request from Councilmember Engle and Mayor Hagan, the Escalon City Council discussed and considered various elements of a Measure P Advisory Committee; and
WHEREAS, on April 7, 2025, the City Council provided direction to City staff to form a Measure P Advisory Committee; and
WHEREAS, the Measure P Advisory Committee (“Committee”) is intended to advise the City Council—the governing body of the City charged with approving the annual budget—on the use of funds generated from ”Measure P”, a 1 percent sales tax measure approved by the Escalon voters in November 2024 and is established to seek input and feedback from the community in order to develop and prepare recommendations to the Escalon City Council on community desires and prioritized use of Measure P funds; and
WHEREAS, the Committee is to be comprised of three (3) residents of the City of Escalon, who are registered voters, and serves at the pleasure of the City Council, with each Committee member serving a three (3) year term after the initial term which will be staggered; and
WHEREAS, the Council intends that the Committee should meet no less than four times per year and the members shall otherwise be present in the community to solicit input and feedback on community desires and priorities for Measure P use, and that the Committee provide two presentations to the Council each year—prior to mid-year budget approval and fiscal year budget approval.

NOW, THEREFORE, the City Council of the City of Escalon does hereby resolve to formally establish the Escalon Measure P Advisory Committee and adopt the associated set of policies.

PASSED AND ADOPTED by the City Council of the City of Escalon this 4th day of August 2025, by the following vote:

82108.00230\43390329.1
AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Andrew T. Hagan, Mayor

ATTEST:
____________________________
Michele Bates, Deputy City Clerk

ATTACHMENT 2
City of Escalon
Measure P Advisory Committee Policy

PURPOSE OF COMMITTEE

The Measure P Advisory Committee (“Committee”) is intended to advise the City Council—the governing body of the City charged with approving the annual budget—on the use of funds generated from ”Measure P”, a 1 percent sales tax measure approved by the Escalon voters in November 2024.

ROLE OF COMMITTEE
The Committee is established to seek input and feedback from the community in order to develop and prepare recommendations to the Escalon City Council on community desires and prioritized use of Measure P funds.

The Committee should endeavor, when feasible and practicable, to:
- Provide no less than two (2) reports per year to the Escalon City Council: one prior to the mid-year budget approval and one prior to the annual fiscal year budget adoption.
- Meet quarterly to solicit input and discuss community needs and prioritized use of Measure P funds.
- Seek input and feedback from a wide and diverse range of stakeholders in the community.
- Remain open-minded to the stated needs of the community, and make recommendations based on the greater good of the City of Escalon and not for any particular special interests
- Work with City staff to understand the limitations and technical considerations related to the City’s budget, fiscal position, and obligations prior to making recommendations to City Council.
- Coordinate and communicate with City staff to enhance and ensure soundness of recommendations to the City Council.

COMMITTEE MEMBER QUALIFICATIONS
The Committee shall be comprised of three (3) residents of Escalon and who are registered voters in San Joaquin County.

COMMITTEE MEMBER TERMS
The initial term of two (2) Committee members shall be for a period of three years, and the initial term of one (1) Committee member shall be for a period of two years.

Thereafter, Committee members shall be appointed for a term of three years,

ATTACHMENT 2
commencing on the first Monday in September of the year of appointment. All vacancies shall be filled for the unexpired term.

A member of the Committee may be removed from office by a majority vote of the city council.

REPORTS TO
The Committee is an advisory committee to the Escalon City Council only, and serves at the pleasure of the City Council.

MEETING DATE AND TIMES
The Committee should meet no less than four times per year and the members shall otherwise be present in the community to solicit input and feedback. The Committee shall make two presentations to the Council each year, prior to mid-year budget approval and fiscal year budget approval. There shall be no set regular meetings of the Committee; all meetings shall be special meetings.

The Committee shall select a chair and vice chair from among its appointed members.

The term of these officers shall be three years, except during the initial term of the Committee appointees, as set forth above, it shall be two years if any chair or vice-chair so selected is serving just an initial two-year term.

FINANCIAL ALLOCATION
The Escalon City Council has allocated $500 each year for the Committee’s use in advertising, noticing, holding or hosting events, or any other effort dedicated to the purpose of soliciting input or feedback from the community under the purview of the Committee.

ITEM NO. 9

COUNCIL AGENDA ITEM
FOR AUGUST 4, 2025
Prepared By: Celinda Bickner, Finance Director | HR Administrator Date: July 31, 2025
Subject: Approval of Memorandum of Understandings (MOU)/Confirmation of Understandings (COU) for the Escalon Police Officer’s Association (EPOA), the General Services Unit (GSU), and the Mid-Management Unit (MMU) Bargaining units; and Approval of the City of Escalon Salary Schedule – July 1, 2025 to June 30, 2028
Recommendation:

Adopt Resolution xx-25, approving the Memorandum of Understandings (MOU)/Confirmation of Understanding (COU) for the Escalon Police Officer’s Association (EPOA), the General Services Unit (GSU), and the Mid-Management Unit (MMU) for a three-year contract period; and approving of the City of Escalon Salary Schedule for the same period of July 1, 2025 to June 30, 2028.

Strategic Plan Priority:

This item is consistent with the Escalon 2025-2026 Strategic Plan Priority #3, Public Safety, in that it improves Escalon police officer pay and benefits package and helps to bring closer to a commensurate level with surrounding agencies to help retention and recruitment efforts.

Background/Discussion:

The attached resolution presents the salary and benefits plan incorporating compensation elements agreed upon through the process of labor negotiations with the EPOA labor union, and GSU and MMU bargaining units for the three-year period between July 1, 2025 and June 30, 2028. The resolution formalizes the agreements and Council approval of the agreements, as well as satisfies CalPERS reporting requirements.

The City of Escalon Salary Schedule for the period beginning July 1, 2025, and ending June 30, 2028 is attached to this staff report, which shows the position title and payrate with annual and hourly pay amounts by step increases (Steps A through E).

Exhibit B highlights the compensation rates schedule, which shows all Escalon payrates by number with annual pay amounts for step A through E.

Fiscal Impact:

All anticipated costs associated with year one of the MOUs and COU agreements are accommodated within the Fiscal Year 2025-26 Budget which was adopted on June 16, 2025 by the Escalon City Council.

Attachments

1. Resolution xx-25 of the City Council of the City of Escalon Adopting an Updated Citywide Salary Compensation Plan Effective July 1, 2025 Associated with the Memorandum of Understanding/Conformation of Understanding for the Escalon Police Officer’s Association, the General Services and the Mid-Management Units
a. Memorandum of Understanding (MOU) between The City of Escalon and the Escalon Police Officers Association (EPOA) bargaining unit for the three-year (3 year) contract period beginning 7/1/2025 and running until 6/30/2028.
b. Memorandum of Understanding (MOU) between The City of Escalon and the General Services Agency (GSA) bargaining unit for the three-year (3 year) contract period beginning 7/1/2025 and running until 6/30/2028.
c. Confirmation of Understanding (COU) between The City of Escalon and the designated Mid Management employee group for the three-year (3 year) contract period beginning 7/1/2025 and running until 6/30/2028.

2. City of Escalon Salary Schedule, July 1, 2025 to June 30, 2028

3. Compensation Rate Schedule

.

CITY OF ESCALON

CITY COUNCIL
RESOLUTION NO. xx-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCALON

ADOPTING AN UPDATED CITYWIDE SALARY COMPENSATION PLAN EFFECTIVE JULY 1, 2025 ASSOCIATED WITH THE MEMORANDUM OF UNDERSTANDING / CONFORMATION OF UNDERSTANDING FOR THE ESCALON POLICE OFFICER’S

ASSOCIATION, THE GENERAL SERVICES AND THE MID-MANAGEMENT UNITS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ESCALON AS FOLLOWS:

SECTION 1: POSITION TITLES, SALARY LEVELS AND UNIT DESIGNATION: The following positions and classifications are covered by this Plan:

Recognized Bargaining units: GSU = General Services Unit; EPOA= Escalon Police Officers Association; MMU = Mid Management Unit; PT = Part Time Employees; Contract = Employees with own contracts.

City of Escalon Salary Schedule
Effective 7/1/2025 2,080 Yearly Hours Salary
Position Title Unit Level
Accountant GSU 194.0
Accounting Technician I GSU 156.5
Accounting Technician II GSU 170.5
Administrative Assistant GSU 160.0
Assistant Planner GSU 184.5
Associate Planner GSU 194.5
Water System Operator GSU 167.5
City Manager Contract
City Council / Mayor PT Fixed
Community Service Officer GSU 148.0
Development/Community Services Manager MMU 228.0
Finance Director/HR Administrator MMU 232.0
Maintenance Service Crew Leader GSU 167.5
Maintenance Worker I GSU 140.0
Maintenance Worker II GSU 150.5
Maintenance Worker III GSU 161.0
Office Assistant GSU 152.0
Police Chief Contract
Police Officer EPOA 176.5
Police Officer II EPOA 186.5
Police Sergeant EPOA 196.5
Police Services Manager MMU 178.0
Police Reserve Officer PT 171.5
Public Works Superintendent/Manager MMU 222.0
Recreation Assistant I PT 113.5
Recreation Assistant II PT 125.0
Transit Coordinator PT Fixed

.

Elected and Appointed City Officials Monthly Salaries
City Council Members $300.00 Month
Mayor $300.00 Month
SECTION 2: MEMORANDUM OF UNDERSTANDING
A. The Escalon Police Officer’s Association (EPOA) and the City of Escalon have reached an understanding as a result of meeting and conferring on hours, wages, and working conditions in accordance with state and federal law and city ordinances, rules, and regulations. The agreement in Exhibit “A” is for the Fiscal Years 2025-26, 2026-27, and 2027-28, and is effective as of July 1, 2025.

B. The General Services Unit (GSU) and the City of Escalon have reached an understanding as a result of meeting and conferring on hours, wages, and working conditions in accordance with state and federal law and city ordinances, rules, and regulations. The agreement in Exhibit “B” is for the Fiscal Years 2025-26, 2026-27, and 2027-28, and is effective as of July 1, 2025.

C. The Mid-Management Unit (MMU) and the City of Escalon have reached an understanding as a result of meeting and conferring on hours, wages, and working conditions in accordance with state and federal law and city ordinances, rules, and regulations. The agreement in Exhibit “C” is for the Fiscal Years 2025-26, 2026-27, and 2027-28, and is effective as of July 1, 2025.

SECTION 3: EFFECTIVE DATE: This Resolution shall be effective the 1st day of July 2025 through the last day of June 2028.

NOW, THEREFORE, BE IT RESOLVED THAT THE ESCALON CITY COUNCIL hereby authorizes.

PASSED, APPROVED, AND ADOPTED this 4th day of August 2025 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
ANDREW HAGAN, Mayor
ATTEST:

________________________
Michele Bates, City Clerk

Memorandum of
Understanding
between
City of Escalon
and
Escalon Police
Officers Association (EPOA)
Effective
July 1, 2025, thru June 30, 2028,

TABLE OF CONTENTS
SECTION 1 - TERMS OF AGREEMENT .....................................................................................1 SECTION 2 - PURPOSE .................................................................................................................1 SECTION 3 - RECOGNITION .......................................................................................................1 SECTION 4 - EMPLOYER-EMPLOYEE RELATIONS ...............................................................1 Access to Personnel File ..................................................................................................................1 Contracting Work.............................................................................................................................1 Management Rights ........................................................................................................................1 Job Actions.......................................................................................................................................2 SECTION 5 - NONDISCRIMINATION ........................................................................................2 Discrimination Prohibited ................................................................................................................2 Union Membership or Activity ........................................................................................................2 Union Fair Representation ...............................................................................................................3 SECTION 6 - SALARY COMPENSATION ..................................................................................3 Salary ..............................................................................................................................................3 Incentive Pay POST .........................................................................................................................3 Longevity Pay .................................................................................................................................3 Field Training Officer FTO ............................................................................................................3 Bilingual Pay ...................................................................................................................................4 Education Pay .................................................................................................................................4 Recruitment Incentive .....................................................................................................................4 Retirement ........................................................................................................................................4 Overtime ..........................................................................................................................................4 Compensatory Time .........................................................................................................................5 Call Back/Standby/Call-out .............................................................................................................5 Off-duty Court/Hearing Day ............................................................................................................6 Uniform Allowance ........................................................................................................................6 Work Schedule .................................................................................................................................6 Payroll Deduction ............................................................................................................................6 Union Dues and Service Fees ..........................................................................................................6 Payroll Timing .................................................................................................................................7 Supervisor On-Call Pay ...................................................................................................................8 SECTION 7 - HEALTH AND WELFARE BENEFITS .................................................................8 Health Insurance ..............................................................................................................................8 Life Insurance .................................................................................................................................9 Long Term Disability Insurance ......................................................................................................9 Voluntary Deferred Compensation .................................................................................................9 Education Reimbursement ..............................................................................................................9 Employee Assistance Program (EAP) .............................................................................................9 SECTION 8 - HOLIDAYS AND LEAVES ....................................................................................9 Holidays ...........................................................................................................................................9

Floating Holidays ...........................................................................................................................10 Vacation .........................................................................................................................................10 Sick Leave ......................................................................................................................................10 Bereavement Leave ........................................................................................................................11 Extended Medical Leave/Non-Work Related ................................................................................11 Leave of Absence Without Pay......................................................................................................11 Military Leave ................................................................................................................................11 Jury Duty/Subpoena Leave ............................................................................................................11 SECTION 9 - PERFORMANCE EVALUATION ........................................................................11 SECTION 10 - PROBATIONARY STATUS ...............................................................................12 SECTION 11 - GRIEVANCE PROCEDURE/DEFINITIONS ....................................................12 SECTION 12 - DISCIPLINARY PROCEDURES........................................................................12 Disciplinary Action: Definition ....................................................................................................12 Cause for Disciplinary Action ......................................................................................................12 Persons by Whom Disciplinary Action may be taken ...................................................................14 Employee Response ......................................................................................................................14 Right of Appeal: Form ..................................................................................................................15 Hearing ...........................................................................................................................................15 Representation ...............................................................................................................................15 Notice to Witnesses: Cost ..............................................................................................................15 Failure of Employees to Appear at Hearing ..................................................................................15 Decisions ........................................................................................................................................15 Effect of Certain Disciplinary Actions ..........................................................................................16 SECTION 13 - ENTIRE UNDERSTANDING .............................................................................16 SECTION 14 - SAVINGS .............................................................................................................16 SECTION 15 – FUTURE MEET AND CONFER TOPICS .........................................................17

SECTION 16 - FULL UNDERSTANDING, MODIFICATION & WAIVER .............................17 SIGNATURE PAGE ....................................................................................................................17

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MEMORANDUM OF UNDERSTANDING
SECTION 1. TERMS OF AGREEMENT
This Memorandum of Understanding (MOU) shall be in full force and effect commencing on July 1, 2025, and ending at midnight on June 30, 2028.

SECTION 2. PURPOSE
The purpose of this Memorandum of Understanding (MOU) is to promote harmonious relations, peaceful resolution of disputes, and cooperation and understanding between the City and its employees covered herein, and to set forth the full and entire understanding reached due to meeting and conferring on hours, wages and working conditions in accordance with state and federal laws, city ordinances, and rules and regulations.

SECTION 3. RECOGNITION
The City recognizes the Escalon Police Officers Association as the sole and exclusive bargaining agent, for the purposes of establishing wages, hours and conditions of employment, for all regular City employees of the Police Department, who were in the following classifications at the time this Understanding was entered into, but excluding all seasonal (those hired to work for a fixed period of time, which is less than one year), casual, or confidential employees, and all elected officials or officers of the City. This MOU, unless otherwise indicated, governs those peace officers in this bargaining unit which is comprised of the following titles and ranks:

Police Officer
Police Officer II – New as of July 01, 2025
Police Sergeant
SECTION 4. EMPLOYER-EMPLOYEE RELATIONS
A. Access to Personnel File
Employees, or POA representatives with permission from the employee, may inspect their individual personnel files upon request, in writing, to the Personnel Officer, at reasonable intervals during regular-business hours of the City.

Copies of personnel file contents will be provided without cost to the requesting party.

B. Contracting Work
The City agrees to meet and confer with POA representatives prior to contracting out any work normally performed by bargaining unit employees if such contracting out would displace a regular full-time employee of the bargaining unit.

C. Management Rights
The City retains the exclusive right, except as expressly stated herein, to operate and direct the affairs of the City in all of its various aspects, including, but not limited to, the right to direct working forces; to plan, direct and control all operations and services of the City; to determine the method, means and organizations by which such operations and services are to be conducted; to assign, discipline, discharge or relieve employees due to lack of work or other legitimate reasons; and to charge or eliminate existing methods, equipment or facilities. except as is specifically limited by the express terms of this Agreement, the City of Escalon

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City of Escalon
retains all its rights to manage, supervise, and control its operations to the fullest extent allowable under the law. These rights and prerogatives include the unilateral right to:

1. Manage operations, determine organizational structure and mission, and the means, equipment, machinery, technology, personnel, classifications necessary to fulfill such mission.

2. Determine budgetary priorities and allocate funds.

3. Create, classify, reclassify, and/or merge classifications and increase, decrease or eliminate positions as the City or its agents determine appropriate in the interest of efficient operations or other lawful considerations.

4. Establish or modify disciplinary standards and affect such discipline, as the City or its agents deem appropriate, after meeting and conferring with representatives of the Escalon Police Officers Association.

5. Lay off employees in its discretion to the maximum extent allowable by law.

6. Subcontract work performed by bargaining unit personnel to the fullest extent allowed by law; and

7. Make changes in all other matters within the discretionary authority of the employer.

The City’s failure to exercise any of such rights shall not be deemed a waiver of such rights; rather the rights of the City expressed herein shall be inviolate during the term of this Agreement.

No provision of this management rights clause shall be construed to enlarge the union’s rights under this Agreement, nor shall this clause provide any basis for a grievance under the grievance procedure of this Agreement.

D. Job Actions
The EPOA agrees and acknowledges that work stoppage, slowdown, refusal of overtime, refusal to operate designated equipment, or picketing other than information picketing, failure to report for duty, abstinence from the full and faithful performance of the duties of employment, or other forms of disturbances are detrimental to the responsibility of EPOA and its members to ensure that high quality service is provided to the people of the City of Escalon. Any such actions are a violation of this Memorandum. EPOA and its members agree not to sanction, support, condone or engage in any such actions directly or indirectly.

SECTION 5. NON-DISCRIMINATION
A. Discrimination Prohibited
Neither the City nor the Union shall discriminate against any employee covered by this Understanding in a manner which would violate any applicable laws because of race, religion, sex, creed, color, national origin, ancestry, medical condition, marital status, or age, or participation in the activities of any lawful organization.

B. Union Membership or Activity
Neither the City nor the Union shall interfere with the right of employees covered by this Understanding to become or not to become members of the Union, and there shall be no

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City of Escalon
discrimination against any such employees because of lawful Union membership or nonmembership activity or status.

C. Union Fair Representation
The Union agrees to and acknowledges its responsibility to fairly represent all employees in the bargaining unit without regard to race, religion, color, creed, age, national origin, political affiliation or beliefs, sex, handicap job classification or employment status.

SECTION 6. SALARY/COMPENSATION
Salary: Members of the Escalon Police Officers Association (EPOA) will receive:

5.0% base salary increase effective July 1, 2025.

5.0% base salary increase effective July 1, 2026.

5.0% base salary increase effective July 1, 2027.

Incentive Pay
POST Intermediate Certificate 3.5 % of gross salary
POST Advanced Certificate 7% of gross salary
Members hired prior to 7/1/02 who do not receive incentive pay for the above POST certification shall receive an additional $50.00 per month for achieving a degree in formal education from accredited colleges or universities.

Longevity Pay
Based on years of fulltime continuous service with the Escalon Police Department $100.00 a month after 5 years ($1,200.00 annual)
$183.33 a month after 10 years ($2,200.00 annual)
$266.66 a month after 15 years ($3,200.00 annual)
$350.00 a month after 20 years ($4,200.00 annual)
$433.33 a month after 25 years ($5,200.00 annual)
Longevity pay shall be granted to EPOA members who have been employed in a full-time capacity with the Escalon Police Department for a minimum of five (5) years. Longevity Pay may be suspended due to formal disciplinary action. The formal disciplinary action form shall outline the length of time for the withholding of Master Officer Pay.

Nothing in this section shall prevent an employee’s Longevity Pay from being suspended or withheld for a period of more than six months. In the case that a single incident disciplinary action includes a suspension period exceeding the six months the withholding of Longevity Pay will match the disciplinary period Field Training Officer (FTO) Pay - 2.5% of gross salary.

Effective July 1, 2006, assignments to Field Training Officer (FTO) with pay at 2.5% of gross salary will be for a six (6) month period. The Chief of Police shall maintain absolute discretion for assignment of FTO positions. These assignments shall not be subject to any grievance procedure.

The Chief of Police must renew the FTO assignment no later than June 30th and December 31st of each year for the assignment to renew. Failure of the Chief of Police to renew the FTO assignment shall result in termination of the assignment and related assignment pay.

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City of Escalon
Nothing in this paragraph shall prevent the Chief of Police from terminating a FTO assignment, including the assignment pay, during any year pursuant to disciplinary due process procedures.

Bilingual Pay: 3% of gross salary - Not to exceed $1,800 annually.

Employees must successfully demonstrate proficiency in a qualified foreign language to receive bilingual pay. The City determined Spanish is the only qualifying language eligible for bilingual pay. As circumstances dictate, the City may certify additional qualifying languages at their discretion.

Each employee receiving bilingual pay shall be subject to recertification every 5 years. The City shall establish a testing process based upon accepted industry standards that allow an employee to demonstrate proficiency in reading and speaking the language as it is used in everyday practice.

Education Pay: 2% of Base Salary for AA and 4% of Base Salary for BA and higher.

Beginning July 1, 2025, the City will pay 2% of an EPOA members base salary upon proof of an AA degree or 4% of an EPOA members base salary upon proof of a BA degree or higher. This education pay type is pensionable through CalPERS calculations.

Recruitment Incentive Program
The City will pay up to $1,500 incentive pay to any full-time regular and probationary employee who successfully recruits new police officers. $500 will be paid once the new employee is hired and placed on payroll. $1,000 will be paid once the new employee successfully passes probation.

A. Retirement – The City of Escalon provides the following retirement formulas:

1. Hired prior to October 1, 2011, CalPERS 3% @ age 50 formula.

2. Hired on or after October 1, 2011, not subject to Public Employee’s Pension Reform Act (PEPRA), CalPERS 2% @ age 55 formula.

3. Hired on or after January 1, 2013, subject to Public Employee’s Pension Reform Act (PEPRA), CalPERS 2% @ age 57 formula. The employee contributes the full employee share calculated by CalPERS, currently 11% (pre-tax) of annual salary plus any other PERS-able compensation.

4. Beginning July 2014, classic employees will contribute the full employee share, as calculated by CalPERS, currently 9.0% (pre-tax) of their annual salary and any other PERS-able compensation.

5. Beginning August 1, 2017, classic employees will contribute 3% of the Employer PERS. (This is negotiated outside of CalPERS. The 3% will not be refundable to classic members who separate from CalPERS covered employment and elect to withdraw contributions.)
B. Overtime
Overtime shall be compensated at time and one-half for each 15-minute interval; and shall be recorded as compensatory time off or paid in the nearest pay period.

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Paid time off (e.g., vacation, sick leave, etc.) shall not be included in the overtime hours calculation as such time off does not constitute “hours actually worked.’ Similarly, shift trades (which require Department approval, and which must be completed within the same pay period) have no impact on the overtime hour’s calculation. Callbacks, callouts, and standby shall be compensated (whether they result in “overtime” as defined in this section or not) as provided elsewhere in this Agreement.

Other premium pay hours (i.e., “contract overtime,” such as for callbacks, etc.) shall be paid in accordance with the other existing provisions of this MOU.

Overtime shall be compensated at time and one-half for each 15-minute interval; and shall be recorded as compensatory time off or paid in the nearest pay period. Unless the employee designates on the employee’s timecard that overtime hours worked should be recorded by the Finance Department as accrued CTO, overtime worked will be paid at the overtime rate.

C. Compensatory Time (CTO)
No police officer shall be allowed to accumulate over sixty (60) hours of compensatory time. Any compensatory time over sixty (60) hours shall be paid at a rate of time plus one-half (1½).

Compensatory time shall be granted at such times and in such time-blocks as are mutually agreed upon between the involved employee and his supervisor; permission to utilize compensatory time off shall not be unreasonably denied by the supervisor if operating requirements will not be adversely affected.

Compensatory time off shall be granted in blocks of eight (8) hours, or less if agreed between the employee and the supervisor.

Employees will have the annual option of cashing out up to forty (40) hours of compensatory time with department head approval.

E. Call Back/Standby/Call-out.

Employees who are called out or called back to duty beyond the employee’s regularly scheduled shift shall be paid overtime for all hours worked with a minimum of four hours (4) of pay at the overtime rate. Overtime compensation shall commence at the time an employee reaches the place where he/she is directed to report.

Employees who are notified seven (7) calendar days in advance to report to work beyond their regularly scheduled work shift for events such as training, department meetings or special events will receive a minimum of two (2) hours overtime pay, provided the work assigned is not a continuation of shift in which regular overtime would be paid. This section does not apply to, nor supersede Section F below.

As of July 1, 2002, employees assigned to standby duty while off-duty on their normally scheduled duty day shall receive one (1) hour as straight compensatory time for each 24-hour period. Employees assigned to standby on their regularly scheduled day off shall receive two (2) hours of straight compensatory time credit for each 24-hour period.

A 24-hour period is defined as beginning at 12:00 a.m. and ending at 11:59 p.m. Employees assigned to one week on standby shall receive eight (8) hours of straight compensatory time.

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City of Escalon
F. Off-duty Court/Hearing Day
Employees required to appear at court or hearings outside a regularly scheduled duty shift shall be considered overtime and compensated at time and one-half. For purposes of court/hearing appearances only, regularly schedule duty shifts shall not be adjusted without the mutual consent of the employee and Chief of Police or designee.

A minimum of four (4) overtime hours shall be paid for any court/hearing appearances outside a regularly scheduled duty shift. In the event an employee is required beyond four (4) hours the employee shall be paid overtime. However, if an employee is released for one (1) hour or more after four (4) hours, the employee shall receive an additional four (4) hour minimum in overtime.

Any court/hearing appearance immediately following a regularly scheduled duty shift, or if such appearance is required within one hour prior to the beginning of a regularly scheduled duty shift shall be considered an extension of shift and shall be compensated at an overtime rate of time and one-half.

G. Uniform Allowance - $1,000.00 Annually
New employees of the Escalon Police Officers Association (EPOA) hired on or after July 1, 2002, will receive a uniform allowance with their first full paycheck. Thereafter, payment for uniform maintenance shall be made annually on the paycheck following the employees’ anniversary date.

Uniform allowance is a pensionable item only for Classic Members. Should an employee leave the City of Escalon prior to completion of one year of service, a pro-rated amount of uniform allowance will be deducted from the final paycheck.

H. Work Schedule
All unit employees covered by this MOU shall be scheduled during two pay periods per calendar month. Two work week schedules are utilized with week one containing 36 hours and week two containing 44 hours. Base salary is calculated off a standard 2,080 hours a year or 86.66 hours per pay period.

The City Manager and/or Chief of Police may make temporary schedule changes in emergency circumstances upon notice to the employees.

Changes in employees’ regular schedules that are intended to continue for the indefinite future may be made in the discretion of the Chief of Police, with ratification of the City Manager, and implemented upon six (6) weeks’ notice to employees.

I. Payroll Deduction
The City will provide payroll deduction of dues for Escalon Police Officers Association pursuant to the following:

1. Union Dues and Services Fees: All regular, full-time employees shall as a condition of continuing employment, become and remain members of the Union or shall pay a representation service fee which is the employee’s proportionate share of the Union’s cost of meeting and conferring and administering the MOU. Such representation service fee shall in no event exceed the total regular periodic membership dues paid by unit employees.

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2. Implementation: Any EPOA employee shall be provided a notice advising that the employer has entered into a Fair Share agreement with the Union and that all employees subject to the MOU must either join the Union, pay a service fee, or execute a written declaration claiming a religious exemption from this requirement. Such notice shall include a form for the employee’s signature authorizing payroll deduction of Union dues or a service fee, or a charitable contribution equal to the service fee. Said employee shall have five working days following the initial date of employment to fully execute the authorization form of his/her choice and return said form to the employer. If the form is not completed properly and returned within five working days, the employer shall commence and continue a payroll deduction of Union dues from the regular pay of such employee.

3. Effective Date: The effective date of Union dues, service fee deductions or charitable contribution for such employees shall be the beginning of the first pay period of employment or the pay period following the ratification and adoption of this agreement by the Union and the employer or after the Union has complied with paragraph 6.

4. Religious Exemption: Any employee subject to this MOU who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting a public employee organization, shall, upon presentation of verification of active membership in such religion, body or sect be permitted to make a charitable contribution equal to the Union dues or service fee and initiation fees, to a nonreligious, non-labor charitable fund exempt from taxation under Section 501c(3) of the Internal Revenue Code, chosen by the employee from any fund authorized by the City of Escalon and the EPOA.

Declarations of or applications for religious exemption and any supporting documentation shall be forwarded to the Union within fifteen days of receipt by the employer. The Union shall have fifteen days after receipt of a request for religious exemption to challenge any exemption granted by the employer. If challenged, the deduction to the charity of the employee’s choice shall commence but shall be held in escrow pending resolution to the challenge. Charitable contributions shall be made by regular payroll deductions only.

5. Exclusion of Employees: The Agency Shop provisions set forth herein shall not apply to management, confidential or supervisory employees.

6. Financial Reports: The Union will cause to be prepared an audit of chargeable and non-chargeable expenses on an annual basis and pursuant to applicable law, shall provide such report to individuals who have chosen or may choose to pay a service fee.

7. Hold Harmless: Union shall indemnify and hold employer and its officers and employees harmless from all claims, demands, suits, or any other action arising from the Agency Shop provisions herein.

J. Establishing Timer for Disbursement of Payroll Checks, Payroll disbursement will be made through 24 pay periods annually effective December 31, 2024. The first pay cycle will collect hours worked from day 1 to day 15 of the month, the second pay cycle will collect hours worked from day 16 to day 31 of the month.

Timecards will be due one day after the reporting period ends to ensure timely processing.

Pay checks dated the Fifth (5th) pay wages earned from day 16-31 of the month, and pay checks dated the Twentieth (20th) pay wages earned from day 1-15 of the month. Should the

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5 th or 20th pay dates fall on a non-banking day (weekend, holiday, or special exception) payroll will be disbursed prior to the non-banking day.

Payroll Direct deposit options will be made available to all employees. Use of direct deposit will commonly result in earlier payment dates. This payment timeline is outside the control of the City and specific to each banking institution.

L. Supervisor On-Call Pay
Supervisors will receive one-half (1/2) hour of overtime pay for calls received when off duty from an on-duty employee requesting instruction or direction on how to handle a call or situation that arises. If the supervisor responds to the city for the incident in which they are called, they will receive Callout Pay and not Supervisor On-Call Pay.

No calls received in a one-half hour period starting from when the first call is received will be considered for additional compensation. If the supervisor receives additional calls more than one-half hour after the first call, on a separate incident, they will be entitled to an additional one-half hour of paid overtime.

Supervisors will ensure their overtime compensation forms indicate the case number or incident number when documenting overtime. Nothing in this section shall require that a supervisor be on-call and available to receive calls.

SECTION 7. HEALTH AND WELFARE BENEFITS
Health Insurance
City shall make available for each full-time regular and probationary employee major health plans which include medical, dental, vision and chiropractic coverage. Major carrier health plans will be available to employees including those eligible for Health Savings Account (HSA) contributions.

Maximum payment for major medical plus HSA contributions of $1,750 per month allowed for FY 2025-26 through FY 27-28.

Dental, Vision, and Chiropractic premiums are paid 100% by the City for all full-time employees.

Effective January 1, 2022, the City will contribute to City sponsored HSA accounts as follows:

Employee Only coverage HSA contributions
Kaiser 95% ($2,850 annual/ $676.88 quarterly)
Sutter 95% ($2,800 annual/665.00 quarterly
Anthem Blue Cross 70% ($2,100 annual/ $368.00 quarterly) Employee plus one or more with dependents
Kaiser 75% ($5,700 annual/ $1,068.75 quarterly)
Sutter 75% ($5,600 annual/ $1,050.00 quarterly)
Anthem Blue Cross 50% ($4,200 annual/ $525.00 quarterly) Contributions to the HSA are calculated by splitting the deductible contribution into four equal amounts. The City will make quarterly contributions to each HSA in the months of January, April, July, and October.

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When an EPOA employee elects a high deductible plan and the premium and HSA contribution combined does not exceed $1,750, an additional maximum of $1,500 will be deposited into their HSA account, not to exceed the Federal yearly maximum contribution amount. Once the maximum HSA contribution is reached, HSA contributions are suspended for the calendar year.

A. Life Insurance
The City will continue to provide $50,000 life insurance without premium cost to the employee. The City will also provide the option for each employee to purchase additional life insurance options through payroll deduction at the same amount charged to the City for premiums.

B. Long Term Disability Insurance
The City will provide Long Term Disability Insurance.

D. Voluntary Deferred Compensation – 457B
The City will continue to offer voluntary participation in the deferred compensation plan through Mission Square. Additionally, if an employee elects to not use the City provided medical insurance allowance under Section 7A of this MOU, $450.00 shall be placed in the employee’s deferred compensation account in lieu of major medical coverage:

No major medical coverage: $450 monthly
Beginning July 1, 2025, the City will match a PEPRA employee’s payroll-based contributions to deferred compensation up to 5% of base salary.

E. Education Reimbursement
The City shall make available for each full-time regular and probationary employee reimbursement of education costs for classes or courses taken through an accredited college or university that are related to the employee’s City position, as determined by the City Manager.

The employee must obtain written approval from the City Manager prior to enrollment in the classes or courses. Once the employee has completed the classes or courses with a grade of “C” or better, the employee may submit their receipts for tuition and books for reimbursement.

With City Manager review and approval, reimbursement shall be paid at 50% of the cost of tuition and books as submitted with receipts, not to exceed $2,000 in a fiscal year (July 1st through June 30th).

F. Employee Assistance Program (EAP)
The City will continue to offer the EAP administered by Halcyon which provides counseling visits for each covered person. The EAP provider will determine the number of allowed visits. Additional EAP programs offered by City through a variety of other providers.

SECTION 8. HOLIDAYS AND LEAVES
Holidays
Holiday time shall be accrued only during the months which a holiday falls. Holiday time will be accrued at the rate of eight (8) hours per holiday.

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The following 10 holidays will be recognized for members of EPOA for a total of 80 hours:

New Year’s Day Labor Day
Martin Luther King Day Veteran’s Day
President’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
July 4th Christmas Day
In lieu of regular accrual, member holiday balances will be converted to pay during the pay cycle the holiday falls within and will be paid along with regular payroll schedules.

A. Floating Holidays
On January 1st each year, EPOA employees shall receive twenty (20) hours of holiday time, which must be taken by December 31st of that calendar year. On December 31st, any time not taken will be lost. Upon termination of employment, all employees shall receive pay for his/her current holiday leave balance at his/her current base hourly rate.

B. Vacation

1. Vacation Accrual: Vacation will be accrued and credited monthly. Each eligible employee shall accrue vacation at the following rates:

Less than 5 Years: For employees with five (5) years or less continuous services: 6.67 hours for each month of service (80 hours per year).

Five thru Nine Years: From the beginning of the 5th year thru the end of the 9th year of continuous service: 10 hours for each month of service (120 hours per year).

Ten Years or more: From the beginning of the 10th year of continuous service: 13.33 hours for each month of service (160 hours per year).

2. Maximum Accrual: Such accrual and credit for all employees may not exceed twice the employee’s annual rate of accrual.

3. Vacation Usage and Approval: The purpose of the annual vacation leave is to enable each eligible employee to return to work mentally refreshed. For this reason, it is the intention of the City that vacation is taken, insofar, as possible in periods of one week or more.

The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time shall be determined by his/her Department Head with regard for the needs of the City, but also considering the wishes of the employee.

Employees shall complete six (6) months continuous service before becoming eligible to use accrued vacation leave. Employees shall not work for the City during their vacation (double compensation).

C. Sick Leave
Sick leave shall be accrued monthly, beginning with the first month of employment. Sick leave shall be accrued at the rate of eight (8) hours per month for all full time City employees.

Sick leave will be deducted as follows: All full-time employees, shall be charged sick leave

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at the rate of eight (8) or nine (9) hours sick leave for each full day absent, depending on their normal work schedule.

There is no limit to the accumulation of sick leave. Any employee who accumulated over 288 hours of sick leave may elect to cash out 40 hours of unused sick leave to pay.

Up to three (3) days accumulated sick leave may be granted by the Department Head in the event of a death in the employee’s family.

For the purposes of this section only, the employee’s family shall mean the spouse, domestic partner, parent, child, brother, sister, aunt/uncle, grandparent, grandchild, foster parents, stepchild, in-law relatives, or other close relation residing in the household of the employee.

Requests for more than three (3) days of sick leave for this purpose shall be subject to approval of the City Manager. One (1) day accumulated sick leave per fiscal year may be granted to an employee by the Department Head in the event of a death of an individual known to the employee that is not specifically listed in this paragraph or in Paragraph 8E, below.

Employees who separate from the City based on retirement or layoff shall receive compensation for not more than 1,200 hours of sick leave as follows:
0-4 years of service = 10%
5-9 years of service = 15%
10-14 years of service = 20%
15+ years of service = 25% plus 1% per year over 16 up to a maximum of 35% Any employee hired after July 1, 2019, who separates from employment by voluntary resignation shall be entitled to receive compensation for not more than 600 hours of sick leave at 10% or 60 hours regardless of time of service.

An employee who separates from employment based on retirement shall be entitled to compensation for unused sick leave as stated above and any unpaid hours would be eligible to be rolled over to PERS for service hour’s credit.

An EPOA employee released from probation or dismissed for cause from their duties will not be entitled to compensation of unused sick leave.

Bereavement Leave - As defined in City of Escalon Personnel Rules Extended Medical Leave/Non-Work Related - As defined in City of Escalon Personnel Rules Paid Family Leave Benefits -As defined in City of Escalon Personnel Rules Pregnancy Disability Leave -As defined in City of Escalon Personnel Rules Leave of Absence Without Pay -As defined in City of Escalon Personnel Rules Military Leave -As defined in City of Escalon Personnel Rules Jury Duty/Subpoena Leave -As defined in City of Escalon Personnel Rules SECTION 9. PERFORMANCE EVALUATION
-As defined in City of Escalon Personnel Rules

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SECTION 10. PROBATIONARY STATUS
A. All original appointments to regular municipal service positions shall be tentative and subject to a probationary period at the time of appointment of not less than eighteen (18) months.

The probationary period may be extended with the approval of the City Manager for a period not to exceed six (6) months where the Department Head finds that such extension is necessary.

B. A promotional appointment probationary period shall be for twelve (12) months and may be extended by the Department Head for not more than six (6) months with the approval of the City Manager.

C. Rejection of Probation: During the probationary period, an employee is employed at the will of the City. A probationary employee may be released at any time by the Department Head, with or without cause, and with or without advance notice, with the approval of the City Manager.

D. Notification of rejection by the Department Head or City Manager shall be served on the probationer. If an employee is released prior to the completion of the probationary period, no specific reason for rejection shall be given to the employee. The employee shall have no right of appeal of his/her failure to pass probation and of the decision to be released from employment except as otherwise required by law.

SECTION 11. GRIEVANCE PROCEDURES
-As defined in City of Escalon Personnel Rules
SECTION 12. DISCIPLINARY PROCEDURES
A. Disciplinary Action: Definition
As used in the Chapter, “Disciplinary Action” shall mean reprimand (written or oral), suspension, demotion, reduction in salary, disciplinary probation, or discharge from employment.

B. Cause for Disciplinary Action
Any action that reflects discredit upon the service or is a direct hindrance to the effective performance of the City government functions shall be considered good cause for disciplinary action. The following are declared to be good cause for disciplinary action against any employee, though charges may be based upon cases and complaints other than those listed:

1. Fraud in securing the appointment.

2. Neglect of duty.

3. Negligence in the care and handling of City property.

4. Insubordination.

5. Dishonesty.

6. Partaking of intoxicating beverages or intoxication while on duty unless part of duties under special assignment.

7. Abusive and habitual use of alcoholic beverages or prescription medicines to excess

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provided the employee has been given an opportunity to seek professional help in dealing with this problem.

8. Unlawful use, sale or possession of illegal controlled substances or habit-forming drugs.

9. Inefficiency.

10. Use of abusive or improper treatment to a person in custody, provided the act committed was not necessarily or lawfully done in self-defense or to protect the lives and safety of others, or to prevent the escape of a person lawfully in custody.

11. Offensive conduct or language toward the public or toward City officers or employees.

12. Incompetence to perform the duties of the officer’s position.

13. Has been adjudged guilty of a misdemeanor or felony crime.

14. Violation of any lawful and reasonable official regulation made or given by a superior officer, where such violation or failure to obey amounted to an act of insubordination or a serious breach of proper discipline or resulted or might reasonable have been expected to result in loss or injury to the City, to prisoners of the City, or to the public.

15. Willful violation of any of the provisions of the City’s policies, rules, and regulations.

16. Has induced or attempted to induce any officer or employee in the City service to commit an illegal act or to act in violation of any lawful and reasonable departmental or official regulation or order; or has participated herein.

17. Solicitation or receipt from any person, or participation in, any fee, gift, or other valuable thing in the course of work, when such fee, gift or other valuable thing is given in the hope or expectation of receiving favor or better treatment than that accorded to other persons.

18. Use or attempted use of political influence or bribery to secure an advantage in an examination, promotion, or assignment.

19. Absence from duty without leave contrary to the provisions in this agreement, or failure to report after leave of absence has expired, or after such leave, or absence has been disapproved or revoked and canceled by the proper authority.

20. Improper political activity as defined by state law.

21. Repeated violation of safety procedures. Violation of any of the provisions of this MOU or departmental Rules and Regulations.

22. Other failure of good behavior during duty hours that is of such a nature that causes discredit to the City.

23. Refusal to take or subscribe to any oath or affirmation, which is required by law in connection with employment.

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C. Persons by Whom Disciplinary Action may be taken:

The Chief of Police, or their designee may take disciplinary action against an employee under his or her control for one or more causes for discipline specified in this chapter by notifying the employee verbally and providing a written notice of the action.

When there is a case of non-disciplinary action against a regular employee in the form of a counseling memo, verbal reprimand or written reprimand, the employee shall be granted thirty (30) calendar days after the date of the counseling memo to file a written response/rebuttal to any facts in question. This written response/rebuttal shall be placed in the employee’s personnel file with the counseling memo. Counseling memos, written reprimands, and verbal reprimands are without right of appeal.

Disciplinary action against a regular employee, other than a counseling memo, or verbal reprimand, shall be followed immediately by a written notice of proposed discipline served on the employee and filed with the Personnel Officer. The notice may be served upon the employee, either personally or by certified mail and shall include:

1. A statement of the nature of the disciplinary action.

2. The effective date of the penalty.

3. A statement of the causes thereof.

4. A statement in ordinary and concise language of the act of omission upon which the causes are based.

5. Include all information relied upon in reaching the proposed discipline.

6. A statement advising the employee of his right to appeal from such action.

7. All documents/evidence which discipline was based will be attached or made available for review.

8. A time and date which the employee must respond to the charges, orally or in writing, after notice is first served or mailed.

D. Employee Response
Within ten (10) calendar days after the employee has been served with the notice of intent to impose disciplinary action, the employee shall have the right to respond, orally or in writing, to the individual proposing such action at a non-evidentiary Skelly meeting concerning the proposed disciplinary action.

If, within the ten (10) calendar day response period, the employee does not indicate a desire to participate in the pre-disciplinary Skelly meeting, the proposed action of the City shall be considered conclusive and shall take effect as prescribed. Failure to respond within ten (10) calendar days upon receipt of said notice shall be deemed an admission of the facts set forth in the notice of intent to impose disciplinary action, and the employee shall not be entitled to any further appeal of the disciplinary action.

If, because of the employee’s response, the individual proposing such action decides to modify the proposed action, the individual proposing such action shall notify the employee in writing. Unless the individual proposing such action decides to modify the intended discipline, the discipline shall be implemented on the date so stated in the notice of intent at which time the employee will receive a notice of disciplinary action. If the employee’s

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response indicates a need for further investigation, the department head may delay the implementation of the proposed disciplinary action until such time as the further investigation is completed. In the event the investigation produces facts which warrant more severe disciplinary action than originally proposed, the individual proposing such action shall re-implement the notification procedures in Section 12C. If the individual proposing such action decides not to take disciplinary action, the individual proposing such action shall advise the employee. The original intent to impose disciplinary action shall be discarded and no record made in the employee’s file.

E. Right of Appeal: Form
Any employee has the right to appeal to the City Manager when disciplinary action taken by a Department Head resulting in suspension without pay, demotion, reduction in salary or discharge from employment. Such appeal must be filed in writing with the City Manager or designee within seven (7) calendar days after receipt of written notice of such disciplinary action. Failure to file an appeal constitutes a waiver of right to appeal. The City Manager shall cause such appeal to be investigated and shall conduct a hearing.

F. Hearing
The City Manager shall conduct a hearing on an appeal filing within thirty (30) calendar days after receipt thereof. The City Manager may continue the hearing either for the convenience of the City or upon written application of the appellant, for a period not to exceed an additional thirty (30) days from the receipt of the appeal. Written notice of the time and place of the hearing, and any continuance thereof, shall be given to the appellant.

Such hearings shall be conducted in accordance with the provisions of the Government Code of the State of California, except that the appellant and the parties may submit all proper and competent evidence against or in support of the causes, but it shall be a rebuttable presumption that the statement of causes is true.

G. Representation
Any member of the EPOA may appear in person or be represented by counsel, or a Representative of choice. The City, in its sole discretion, may deny a request for representation unless the representative is available within a reasonable amount of time after a request to attend the disciplinary hearing is made.

H. Notices to Witnesses: Cost
The City Manager shall issue notices for the appearance of witnesses for the appellant upon his written request and his cost. The City Manager may require such cost to be prepaid.

I. Failure of Employees to Appear at Hearing
Failure of the appellant to appear at the hearing shall be deemed a withdrawal of his appeal and the action of the City Manager or Department Head shall be final.

J. Decisions
The City Manager shall render a written decision within sixty (60) calendar days after conducting the hearing. The City Manager’s decision shall be final and conclusive. A copy of such decision shall be forwarded to the appellant. If disciplinary action taken against the employee is reversed or modified by the City Manager, the employee may be compensated, in whole or in part, for the time lost as determined by the City Manager.

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K. Effect of Certain Actions

1. Oral Reprimand: Employees receiving an oral reprimand may have it noted in their departmental record by the Department Head. Any notations made and placed in an employee’s file shall be shown to said employee and available for employee’s signature.

2. Written Reprimand: Employees receiving written reprimand shall have a copy of the reprimand filed in their permanent record for future reference. Each employee’s permanent record is in his personnel file kept in the City Manager’s office. Written reprimands will be purged from the record according to State Statute if no further reprimand or action is necessary.

3. Disciplinary Probation: Employees placed on disciplinary probation shall not accrue vacation, sick leave, or earned time for salary review while on such probation.

4. Suspension: Employees suspended from the municipal service shall forfeit all rights, privileges, and salary while on such suspension except for Group Insurance Benefits.

5. Discharge: Employees terminated pursuant to Personnel System Rules shall be paid salary accumulated as of the effective date of termination only and shall be paid for accumulated vacation, accumulated compensatory time, and paid days in lieu of holidays.

SECTION 13. ENTIRE UNDERSTANDING
This Agreement supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein. The parties acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. This constitutes the complete and entire agreement between the parties and may only be amended during its term by the parties’ mutual agreement in writing and, if required, approved by the City Council.

SECTION 14. SAVINGS
If any provision of this Agreement is subsequently declared by legislative or judicial authority to be invalid, unlawful, unenforceable, or not in accordance with applicable statutes, all other provisions of this Agreement shall remain in full force and effect.

If any provisions of this Agreement are found to conflict with the statutory powers of the City, said statutory powers shall take precedence. The provision of this Agreement shall be subordinate and subject to any present or subsequent federal law, state law or Municipal Code provision.

The term of this Agreement supersedes any inconsistent provision in an ordinance, rule, or other governing document which the City has power to amend.

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SECTION 15. FUTURE MEET AND CONFER TOPICS
The parties agree during the term of this agreement to meet and confer at the request of either party to the extent required under the Meyers-Milias-Brown Act. These mutual, non-binding discussions are specifically limited to the following:

A. EPOA agrees to re-open negotiations on salary or benefits: if the State of California takes or borrows any City funds that adversely impacts the City’s General Fund; and/or new PERS employer rates are published with an increase greater than 3%.

SECTION 16. FULL UNDERSTANDING, MODIFICATION AND WAIVER This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and all prior or existing Memoranda of Understanding, Understandings, and Agreements, regarding the matters set forth herein, whether formal or informal are hereby superseded and terminated in their entirety.

Existing practices and/or benefits that have direct effect on employee wage, hours and other terms and conditions of employment, which are not referenced in the Agreement shall be continued without changed unless modified or abolished by mutual agreement of the parties.

It is the intent of the parties that ordinances, City resolutions, rules and regulations enacted pursuant to this Agreement be administered and observed in good faith.

Nothing in this Agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this Agreement.

IN WITNESS WHEREOF, this Memorandum of Understanding has been executed by the City of Escalon and the Escalon Police Officers Association by placing his or her signature on this signature page on this 28th day of June__________, 2025.

CITY OF ESCALON ESCALON POLICE OFFICERS ASSOC.

By:_____________________________ By:_______________________________ Jaylen French, City Manager EPOA Representative
By:________________________________
EPOA Representative

Memorandum of
Understanding
between
City of Escalon
and
General Services Unit
Effective
July 1, 2025, thru June 30, 2028

TABLE OF CONTENTS
SECTION 1 - TERMS OF AGREEMENT .....................................................................................1 SECTION 2 - PURPOSE .................................................................................................................1 SECTION 3 - RECOGNITION .......................................................................................................1 SECTION 4 - EMPLOYER-EMPLOYEE RELATIONS ...............................................................1 Access to Personnel File ..................................................................................................................1 Contracting Work.............................................................................................................................1 Management Rights ........................................................................................................................1 Job Actions.......................................................................................................................................2 SECTION 5 - NONDISCRIMINATION ........................................................................................2 Discrimination Prohibited ................................................................................................................3 General Services Unit Membership or Activity...............................................................................3 General Services Unit Fair Representation ......................................................................................3 SECTION 6 - SALARY COMPENSATION ..................................................................................3 Salary ..............................................................................................................................................3 Incentive Pay ....................................................................................................................................3 Longevity Pay ..................................................................................................................................3 Bilingual Pay ....................................................................................................................................4 Retirement ........................................................................................................................................4 Overtime ..........................................................................................................................................4 Compensatory Time .........................................................................................................................4 Call Back/Standby/Call-out .............................................................................................................5 Uniform Allowance .........................................................................................................................5 Employee Educational Assistance ...................................................................................................5 Work Schedule .................................................................................................................................5 SECTION 7 - HEALTH AND WELFARE BENEFITS .................................................................6 Health Insurance ..............................................................................................................................6 Health Savings Plans........................................................................................................................6 Flexible Spending Account ..............................................................................................................6 Life Insurance .................................................................................................................................6 Voluntary Deferred Compensation 457B ........................................................................................6 Employee Assistance Program (EAP) .............................................................................................6 SECTION 8 - HOLIDAYS AND LEAVES ....................................................................................7 Holidays ...........................................................................................................................................7 Floating Holidays .............................................................................................................................7 Vacation ...........................................................................................................................................7 Sick Leave ........................................................................................................................................8 Bereavement Leave -See Personnel Rules .......................................................................................9 Extended Medical Leave/Non-Work Related-See Personnel Rules ................................................9 Leave of Absence Without Pay-See Personnel Rules ......................................................................9 Military Leave-See Personnel Rules ................................................................................................9 Jury Duty/Subpoena Leave-See Personnel Rules ............................................................................9

SECTION 9 - PROBATIONARY STATUS ...................................................................................9 SECTION 10 - GRIEVANCE PROCEDURE/DEFINITIONS – See Personnel Rules ..................9 SECTION 11 - DISCIPLINARY PROCEDURES – See Personnel Rules .....................................9 SECTION 12 - ENTIRE UNDERSTANDING ...............................................................................9 SECTION 13 - SAVINGS .............................................................................................................10 SECTION 14 – FUTURE MEET AND CONFER TOPICS .........................................................10 SECTION 15 - FULL UNDERSTANDING, MODIFICATION & WAIVER .............................10 SIGNATURE PAGE ....................................................................................................................10

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MEMORANDUM OF UNDERSTANDING
SECTION 1. TERMS OF AGREEMENT
This Memorandum of Understanding shall be in full force and effect for a three-year period commencing on July 1, 2025, and ending at midnight on June 30, 2028.

SECTION 2. PURPOSE
The purpose of this Memorandum of Understanding (MOU) is to promote harmonious relations, peaceful resolution of disputes, cooperation and understanding between the City and its employees covered herein, and to set forth the full and entire understanding reached as a result of meeting and conferring on hours, wages and working conditions while following state and federal law and city ordinances, rules and regulations.

SECTION 3. RECOGNITION
The City recognizes the General Services Unit (GSU) as the sole and exclusive bargaining agent, to establish wages, hours and conditions of employment, for all regular City employees, who were in the following classifications at the time this Understanding was entered into, but excluding all seasonal (those hired to work for a fixed period, which is less than one year), casual, or confidential employees, and all elected officials or officers of the City.

This MOU, unless otherwise indicated, governs those employees in this bargaining unit, which is comprised of:

SECTION 4. EMPLOYER-EMPLOYEE RELATIONS
A. Access to Personnel File
Employees, or GSU representatives with permission from the employee, may inspect their individual personnel files upon request, in writing, to the Personnel Officer, at reasonable intervals during regular-business hours of the City. Copies of personnel file contents will be provided without cost to the requesting party.

B. Contracting Work
The City agrees to meet and confer with GSU representatives prior to contracting out any work normally performed by bargaining unit employees if such contracting would displace a regular employee of the bargaining unit.

C. Management Rights
The City retains the exclusive right, except as expressly stated herein, to operate and direct the affairs of the City in all aspects, including, but not limited to, the right to direct working forces; to plan, direct and control all operations and services of the City; to determine the method, means and organizations by which such operations and services are to be conducted; to assign, discipline, Accountant Maintenance Service Crew Leader
Accounting Technician I /II Maintenance Worker I/II/III Administrative Assistant Office Assistant
Assistant Planner Chief Wastewater Treatment Plant Operator Associate Planner Water System Operator
Community Service Officer