MEETING AGENDA
CITY COUNCIL OF THE
CITY OF ESCALON
MEETING OF SEPTEMBER 8, 2026
City Council Chambers, 2060 McHenry Avenue - 7:00 P.M.
Beginning Minute Order No. 58-26
Beginning Resolution No. 41-26
Beginning Ordinance No. 607
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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. Major Infrastructure Quarterly Report
CONSENT CALENDAR
2. Approve the Minutes of the City Council meeting on August 17, 2026
3. Approve the Register of Demands – August 11, 2026 – August 31, 2026 in the Amount of $429,197.63
STAFF COMMUNICATIONS & UPDATES
MATTERS PRESENTED FROM THE AUDIENCE
The public may comment on any matter not listed on the agenda that is within the City of Escalon’s subject matter jurisdiction. Members of the public may address the City Council on any agenda item when that item is called for consideration. Each speaker is limited to five (5) minutes, and unused time may not be transferred to another speaker. Speakers may provide their name and address for the record, but are not required to do so. Under state law, the City Council generally may not discuss or take action on matters that are not listed on the agenda, except to provide a brief response. If further action is warranted, the matter may be referred to staff or placed on a future agenda. The Mayor has discretion to determine whether a matter is within the City’s subject matter jurisdiction.
PUBLIC HEARINGS
ADMINISTRATIVE MATTERS
4. Consider Options Regarding Temporary and/or Permanent Prohibitions on Data Center Development in the City
5. Consider Providing Direction to Staff Regarding the Use of FY 25-26 Budget Surplus and FY 26-27 Unassigned Funds
6. Consider License Agreement (Reciprocal Agreement) between DeRuosi Nut and the City of Escalon for the Purposes of Harvest-Season Parking and Related Staging (DeRuosi Nut), and Recreation Parking and Related Municipal Purposes (City of Escalon)
7. Proposed 2027 Gilton Solid Waste Management Rate Increase, and Proposition 218 Ballot Initiation
8. Consider Approving the Recreation Coordinator Job Description, Confirming the Classification and Compensation Plan to re-add the Recreation Coordinator Position, and Affirming the Salary Range
9. Consider Adopting the Second Amendment to City Manager’s Employment Agreement and Approving Update to City Salary Schedule
COUNCIL COMMUNICATIONS
CLOSED SESSION
ADJOURNMENT
DECLARATION OF POSTING
I, Diana Trejo, Deputy City Clerk, certify under penalty of perjury, under the State of California, that the Escalon City Council Agenda for the Regular Meeting of Tuesday, September 8, 2026 was posted 72 hours prior to the meeting in accordance with the Ralph M. Brown Act, in the area designated below on Thursday, September 3, 2026.
Escalon City Hall City of Escalon Website
2060 McHenry Avenue www.cityofescalon.org
Escalon, CA 95320
Dated: Thursday, September 3, 2026 ___________________________________ Diana Trejo, Deputy City Clerk
MAJOR
INFRASTRUCTURE
PROJECT UPDATE
SEPTEMBER
2026
Item No. 1
SURFACE WATER
CONVEYANCE PROJECT
SURFACE WATER PROJECT
STATUS
3 § City Council has directed staff to pause efforts on the project, until such time and if, City is successful in securing a large portion of the remaining funds required.
§ City has learned that funding level is not where staff indicated in 2024. There is a current $10M funding gap.
§ Surface Water Funds Available:
§ City of Tracy - $1.8M.
§ Water connection fees and investment income - $1.1M
§ Representative Harder Community Projects Funding - $1.1M (expected) § City has since unsuccessfully applied for two grants. § City is exploring water lease to generate revenue for project. Discussions are ongoing with multiple agencies
WASTE WATER
TREATMENT PLANT
UPGRADE PROJECT
WWTP UPGRADE PROJECT
APPROACH / STATUS
§ City staff continues to make progress on plant operations and compliance with the State § City has redoubled efforts with Industry to maximize partnership, reduce costs and ensure fair share of all improvement costs
§ City and industry in active conversations regarding onsite improvements to reduce load and flow § City identifying new load and flow threshold that would reduce needs and cost of plant upgrade § City working with Industry on new Discharge Permits and fee approach § To reduce the burden on rate payers, and due to our improved compliance status, the City intends to explore phasing the ultimate project
§ City is finalizing optimal phases of plant construction § City reviewing ultimate project design and if there is areas to reduce cost and plant needs § City installed enhanced landscaping at the Plant to shield views and odors (funded by Industry)
WWTP UPGRADE PROJECT
NEXT STEPS
§City to finalize conceptual design for Phase I
(COMPLETE)
§City to Implement Design Build Process for Phase I
(October 2026)
§City to determine Industry fair share of Phase I and
incorporate into Discharge Permit Fee (COMPLETE –
discussions ongoing with industry about funding)
§City to seek grants and learn results of submitted
grants (Ongoing)
DISCUSSION
SEPTEMBER
2026
ITEM NO. 2
COUNCIL AGENDA ITEM
FOR SEPTEMBER 8, 2026
Prepared By: Diana Trejo
Date: August 31, 2026
Subject: Review and Approve the Minutes
Recommendation:
Approve the Minutes from the Regular Council Meeting of August 17, 2026.
MINUTES
CITY COUNCIL OF THE CITY OF ESCALON
MEETING OF AUGUST 17, 2026
City Council Chambers, 2060 McHenry Avenue - 7:00 P.M.
Beginning Minute Order No. 52-26
Beginning Resolution No. 38-26
Beginning Ordinance No. 606
PRESENT: Mayor Andrew Hagan
Mayor Pro Tem Malinda Walker
Councilmember Jeremy Engle
Councilmember Shawn Strohman
Councilmember Jeff Kay
STAFF PRESENT: Jaylen French, City Manager (CM)
Robert Hardgraves, Chief of Police
Trevin Barber, Development and Community Services Manager (DCSM) Juston Collins, Public Works Superintendent (PWS)
Frank Splendorio, Legal Counsel
PRESENTATIONS
1. Recognition of Lumberyard Cellars as the 2026 Small Business of the Year for California’s 9th Assembly District
Mayor Hagan recognized Lumberyard Cellars, founded by Derick and Megan Webb, as the 2026 Small Business of the Year for California’s 9th Assembly District. Councilmembers congratulated the owners and thanked them for their investment in Escalon and positive contribution to the community.
CONSENT CALENDAR
2. Approve the Minutes of the Special City Council meeting on August 10, 2026
3. Approve the Register of Demands – July 28, 2026 – August 10, 2026 in the Amount of $215,780.30
4. Adopt Ordinance No. 606 Amending Title 17 of the Escalon Municipal Code to Comply with State Law and Implement the 2023-2031 Housing Element Update, Find the Action Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3), and Direct Staff to File a Notice of Exemption with the State Clearinghouse
5. Adopt Resolution No. 38-26 Adopting a Conflict of Interest Policy for Design-Build Projects MOTION – it was m/s by Strohman/Kay to approve Consent Calendar Items 2 through 4, with Item No. 4 being Ordinance No. 606. Motion carried 5-0, except that Councilmember Strohman abstained from Item No. 2. MINUTE ORDER 52-26.
Councilmember Strohman pulled Item No. 5 and expressed support for the use of design-build project delivery.
MOTION – it was m/s by Strohman/Kay to adopt Resolution No. 38-26 adopting a Conflict of Interest Policy for Design-Build Projects. Motion carried 5-0 MINUTE ORDER 53-26.
STAFF COMMUNICATIONS & UPDATES
The Chief of Police highlighted Police Department activity in July 2026 and mentioned a recent death by train. Mayor Hagan inquired if this was an unfortunate coincidence or a growing trend. The Chief indicated it did not appear to be a trend, but it has increased and this is something they will continue to look into. DCSM Barber mentioned strong youth sports registration and the City’s new adult soccer program, which fielded three (3) teams in its inaugural year; efforts to increase use of the Community Center commercial kitchen; ; and corrective oversight of AT&T utility and street work. The Council inquired about the status of the AT&T fiber optic project.
Council directed staff to determine if the City business grant applicants could use the Community Center kitchen for their business ventures.
MATTERS PRESENTED FROM THE AUDIENCE
Michael Masuda, candidate for California’s 5th Congressional District, introduced himself and discussed public service and community building.
Sherry Hill discussed the California Constitution’s reference to the blessings of God and read from the prayer offered at the First Continental Congress in 1774.
Travis Clemens, a Westwood Country resident, inquired as to why a prior neighborhood parkimprovement assessment had failed, and expressed support for maintaining park amenities. Staff explained the concerns raised during the earlier proceeding pertaining to cost, and equity for the properties receiving the benefit.
Kurt Paulos, Escalon resident, submitted a proposal to reside on and serve as caretaker of the Cityowned property at 17341 Escalon Bellota Road. Staff agreed to review the written proposal.
PUBLIC HEARINGS
7. Adopt Resolution No. 39-26 Confirming the Engineer’s Reports and Ordering the Levy of Assessments for Fiscal Year 2026-27 for the Belleterra Estates Landscape Maintenance District No. 01-1, Estates Benefit Assessment District No. 06-1, Estates Landscape and Lighting Maintenance District No. 06-1, Sunrise Terrace Landscape Maintenance District No. 96-1, and Westwood Country Landscape and Lighting Maintenance District No. 02-1 (Continued from July 20, 2026)
CM French introduced the item outlining why the item had been postponed from July 20, 2026, and highlighting the additional information sent to each resident in the Districts sharing line item costs in each district in an attempt to better understand the current assessment amount. DCSM Barber presented the annual levy process and proposed assessments for the five districts. He then walked through each District, the current improvements and associated costs, the proposed assessment amounts, and the annual process.
The public hearing was opened at 7:40 PM.
Loretta Borbasio, a Belleterra Estates resident, stated that she did not object to the assessment if the landscaping was maintained to the standard reflective of the cost, and asked that dying grass and weeds be addressed.
The public hearing was closed at 7:42 PM.
Council discussed the special versus general benefits funded by the districts, street-sweeping costs, maintenance standards, and the upkeep and amenities in general fund parks / areas compared to district parks / areas. Also discussed was the charge for a backstop repair at Shadowood Park. Staff agreed to verify whether that cost was improperly assigned to the district and to address any correction through a credit or future assessment adjustment, if warranted.
MOTION – it was m/s by Engle/Kay to Adopt Resolution No. 39-26 Confirming the Engineer’s Reports and Ordering the Levy of Assessments for Fiscal Year 2026-27 for the Belleterra Estates Landscape Maintenance District No. 01-1, Estates Benefit Assessment District No. 06-1, Estates Landscape and Lighting Maintenance District No. 06-1, Sunrise Terrace Landscape Maintenance District No. 96-1, and Westwood Country Landscape and Lighting Maintenance District No. 02-1 with staff to investigate the Shadowood Park backstop repair charge and make an appropriate correction if necessary. Motion carried 5-0. MINUTE ORDER 54-26.
ADMINISTRATIVE MATTERS
8. Consider Approval of 7-year Agreement with Vertosoft for Online Permitting and Licensing Services Platform, OpenGov
CM French introduced the item expressing that the software being brough forward was in line with city staff goals and consistent with Council direction, but staff understands the cost represents a significant investment. DCSM Barber, and Arthur Hazelton, OpenGov Representative, presented the OpenGov platform as a replacement for paper forms, email exchanges, and manual routing used for building permits, planning applications, inspections, payments, and business licensing. Staff demonstrated the public portal, application tracking, mobile inspection tools, departmental review, automated notices, contractor-license verification, address and GIS integration, and reporting dashboards. The anticipated implementation period is six to eleven months, with staff training, testing, and launch assistance included. Staff emphasized that customers would continue to have the option of receiving in-person assistance at City Hall. Staff explained that the agreement provides seven years of pricing but consists of annual subscription terms, includes implementation assistance, and is expected to improve workflow, transparency, and customer access while preserving in-person service.
Sherry Hill, resident, questioned why the cost of the software increases 5% each year. Mr. Hazelton from OpenGov explained that the cost increase covers OpenGov’s substantial commitment to continually improve the software and provide up-to-date product enhancements, whereas other companies charge separately to purchase newer versions.
Staff estimated that the platform could reduce approximately 350 to 450 hours of routine staff work each year and proposed gradual permit and business-license fee adjustments to offset future subscription costs. Council discussed return on investment, data migration, customer-service measures, online access for frequent and first-time applicants, and the need to review performance before each renewal. Councilmembers Strohman and Walker expressed concern that further automation could reduce the City’s personal service and stated a preference for preserving direct interaction with residents and businesses.
MOTION – it was m/s by Strohman/Kay to approve the agreement with OpenGov, Inc. via Vertosoft for implementation and subscription of the online permitting and licensing platform, authorize the City Manager to execute the related documents, and require an annual check-in regarding cost, return on investment, and customer-service performance. Motion carried 4-1 with Councilmember Walker voting no.
MINUTE ORDER 55-26.
9. Introduce and Council Consider the City of Escalon becoming a Goldback, Inc. Distributor
CM French introduced the item outlining that this item originated as an Agenda Item Request from earlier in the year regarding sharing information with the business community on the benefits of holding gold, and evolved after staff came across Goldbacks, which provided a way to use fractional portions of gold. DCSM Barber and Goldback representatives reviewed Goldbacks as a voluntary fractionalgold medium of exchange intended for local commerce. Staff reported that interest was shown by merchants at Park Fete in accepting Goldbacks and therefore, the City could consider becoming a Distributor, which is essentially a wholesaler and hub for buying, selling or training Goldbacks...
Representatives described the difference between Goldbacks and bullion held solely as an investment.
Gary Haskin, resident, stated that individuals may choose to speculate in Goldbacks, but expressed concern that City participation would place taxpayer funds at risk because the price of gold fluctuates.
Council discussed the potential value of an alternative medium of exchange during inflation or time of currency instability. Other comments focused on gold-price fluctuations, the risk of using taxpayer funds for commodity inventory, administrative demands, and whether a City should perform a function available through private businesses. Legal Counsel explained that acting as a distributor could expose the City to commercial claims not typically covered by municipal insurance. By consensus, Council tabled the matter and felt that a distributor should be run by a non-government entity.
10. Introduce and Council Consider an Escalon City Councilmember Travel Policy CM French presented the draft travel and training policy, estimated conference costs, and comparison information from nearby cities. The policy addresses authorization, transportation, lodging, meals, eligible expenses, prohibited expenses, documentation, and reports following travel. Staff provided the California Cities Annual Conference as an example, with estimated per-person costs ranging from approximately $2,154 to $2,322 depending on transportation.
Gary Haskin noted the importance of education for new Councilmembers to understand their responsibilities and limits to their authority.
Council discussed the need for Councilmembers to be good fiscal stewards, the need for required legal trainings, and the importance of continuing education, networking with similar communities as a councilmember. Several Councilmembers described the benefit of in-person relationships with officials from other small cities facing similar issues.
MOTION – it was m/s Strohman/Kay to approve the City Council Travel and Training Policy, strongly encourage attendance at the Mayors and Council Members Academy once every two years, and allow one additional training or conference per Councilmember annually, subject to the policy. Motion carried 4-1 with Councilmember Hagan voting no. MINUTE ORDER 56-26.
11. Agenda Item Request to Discuss Staff Direction for Future Use or Not of License Plate Readers and Surveillance Technologies
CM French introduced the item outlining the value of cameras in solving crime and deterring crime, but recognized that communities are the embodiment of the values and ideals of the residents and therefore questions on the approach, equipment and technology should be periodically reviewed if there are concerns in the community. Police Chief Hardgraves described the City’s five automated license plate readers and explained that each device photographs a vehicle, converts the license plate into searchable text, and compares the plate with law-enforcement hot lists for stolen vehicles, missing persons, and related alerts. Officers may also search the system during an investigation when a license plate or vehicle description is available. The Chief stated that an alert is an investigative lead rather than proof of wrongdoing and must be verified by an officer. He reviewed user-access controls, case-number
requirements, audit logs, data-sharing limitations, and the system’s approximately thirty-day retention period. The existing system does not use audio or facial recognition.
Council discussed the system’s usefulness in stolen-vehicle, property-crime, and missing-person investigations, including the value of monitoring the limited routes into and out of Escalon. Council also discussed false alerts, photographs of vehicles on private property, residential placement, interagency data sharing, software updates, possible mission creep, and privacy and Fourth Amendment concerns. Council generally distinguished the existing license-plate function from broader surveillance technologies and emphasized that future capabilities should not be activated without public notice and elected oversight. Discussion also addressed periodic reporting to Council while protecting confidential investigative information.
A member of the public inquired about the number of leads and arrests derived from the Flock data, and openly wondered if the benefit of the Flock system is worth the cost.
Travis Clemens supported the Police Department’s use of investigative tools and also favored safeguards to prevent its misuse.
Sherry Hill supported the existing cameras and suggested formally approving Council’s desired guidelines for limiting future technology advancements.
A resident expressed concerns that the company Flock could access and misuse the data and concerns regarding surveillance, especially pervasive surveillance of residents by the government.
MOTION – it was m/s by Hagan/Kay to retain the use of the five existing license plate readers; prohibit additional cameras or locations, nor the addition of technology, including facial recognition, audio, or other surveillance capabilities without prior Council review and community input; require an annual audit report that protects confidential investigative information; and discontinue the system if controlling law determines its use violates the Fourth Amendment. Motion carried 4-1 with Councilmember Walker voting no. MINUTE ORDER 57-26.
COUNCIL COMMUNICATIONS
Councilmember Engle requested a future agenda item on winter storm and flood preparedness because of possible El Niño conditions. Mayor Hagan supported the request.
Councilmember Strohman apologized for not being in attendance at recent meetings because of new work obligations. He asked staff to review the City’s weed-abatement and nuisance-compliance process after observing properties where vegetation had been cut but dead material and debris remained.. Mayor Hagan supported the request.
Councilmember Kay appreciated the conversations and community input tonight, and thanked Chief Hardgraves and City staff for answering extensive questions regarding license plate readers and other agenda items.
Councilmember Walker thanked Chief and the Police Department for their work and emphasized preserving personal, community-focused service and maintaining meaningful human review as the City modernizes its operations and adopts new technology.
CLOSED SESSION
None
ADJOURNMENT
There being no further business, Mayor Hagan adjourned the meeting at approximately 10:44 PM.
Respectfully submitted,
__________________________________
Diana Trejo, Deputy City Clerk
ITEM NO.
COUNCIL AGENDA ITEM
FOR SEPTEMBER 8, 2026
Prepared By: Courtney Richmond, Accounting Technician
Date: August 31, 2026
Subject: Approval of Register of Demands – Aug 31, 2026, for $429,197.63 Recommendation:
Approval of the Register of Demands for the amount of $429,197.63 for the period beginning Aug 11, 2026, and ending on August 31, 2026, pursuant to the Fiscal Year 2026-27 Budget adopted on 6/1/2026.
Attachments
Attached is the check register report for the period indicated above in which items were paid in conformity with City policies and procedures from available funds. 3
9/02/2026 8:59 AM A/P HISTORY CHECK REPORT PAGE: 1
VENDOR SET: 01 City of Escalon, CA
BANK: * ALL BANKS
DATE RANGE: 8/11/2026 THRU 8/31/2026
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT COM06 COMPLETELY IT
C-CHECK COMPLETELY IT VOIDED V 8/24/2026 084508 299.00CR * * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 0 0.00 0.00 0.00
HAND CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
EFT: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
VOID CHECKS: 1 VOID DEBITS 0.00
VOID CREDITS 299.00CR 299.00CR 0.00
TOTAL ERRORS: 0
NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
VENDOR SET: 01 BANK: * TOTALS: 1 299.00CR 0.00 0.00
BANK: * TOTALS: 1 299.00CR 0.00 0.00
9/02/2026 8:59 AM A/P HISTORY CHECK REPORT PAGE: 2
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 8/11/2026 THRU 8/31/2026
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT MTM01 MTM TRANSIT LLC
I-032026 TRANSIT SERVICES MAR 2026 D 8/11/2026 24,731.91 001392 I-042026 TRANSIT SERVICES APR 2026 D 8/11/2026 24,824.38 001392 I-052026 TRANSIT SERVICES MAY 2026 D 8/11/2026 24,239.00 001392 I-062026 TRANSIT SERVICES JUN 2026 D 8/11/2026 21,763.82 001392 95,559.11 ARC02 ARCO BUSINESS SOLUTIONS
I-20260815TI761000AR FUEL D 8/24/2026 6,288.95 001393 6,288.95 MOD03 MODESTO IRRIGATION DISTRICT
I-202608185888 MODESTO IRRIGATION DISTRICT D 8/24/2026 19,083.40 001394 19,083.40 VIS01 VISA
I-BARBER082026 ECO DEV STRATEGIC PLAN-MEALS D 8/24/2026 47.86 001395 I-COLLINS082026 TRAINING/WATER DISPENSER D 8/24/2026 537.88 001395 I-HARDGRAVES082026 OFFICE SUPPLIES/PRINTER/DUSTER D 8/24/2026 484.56 001395 I-RICHMOND082026 SOCCER COACH SHIRTS/OFFICE SUP D 8/24/2026 2,973.18 001395 4,043.48 ANG10 ANGEL ARMOR, LLC
I-INV18894- RISE/STEALTH CARRIER/GHOOK R 8/11/2026 1,108.37 084487 1,108.37 DEP01 DEPARTMENT OF TRANSPORTATION
I-SL261111 SIGNAL MAINTENANCE APR-JUNE 26 R 8/11/2026 1,651.40 084488 1,651.40 LAW10 LAW ENFORCEMENT PSYCHOLOGICAL
I-2906 PRE-EMP PSYCHOLOGICAL EXAM R 8/11/2026 450.00 084489 I-35518 PRE-EMP PSYCHOLOGICAL EXAM R 8/11/2026 475.00 084489 925.00 SAN01 SAN JOAQUIN CO AUDITOR-CONTROL
I-202608125859 CO PARKING CITE FEES MAY 2026 R 8/12/2026 202.50 084490 202.50 SAN01 SAN JOAQUIN CO AUDITOR-CONTROL
I-202608125860 CO PARKING CITE FEES JUN 2026 R 8/12/2026 543.00 084491 543.00 FLO11 FLOCK GROUP, INC
I-INV-98144 RENEWAL LPR SYSTEM R 8/12/2026 17,500.00 084492 I-INV-98339 RENEWAL LPR SYSTEM R 8/12/2026 1,300.00 084492 18,800.00 JIM01 JIM BRISCO ENTERPRISES, INC
I-51554- WWTP BIOSOLIDS REMOVAL R 8/19/2026 14,257.87 084493 14,257.87 SWI01 SWIFT, ROBERT
I-4526 IRRIGATION REPAIR- LABOR ONLY R 8/19/2026 30.00 084494 I-4536 IRRIGATION REPAIR- LABOR ONLY R 8/19/2026 150.00 084494 180.00
9/02/2026 8:59 AM A/P HISTORY CHECK REPORT PAGE: 3
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 8/11/2026 THRU 8/31/2026
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT OAK02 CITY OF OAKDALE
I-45 SHELTER SERVICES R 8/19/2026 13,762.43 084495 13,762.43 LIG01 LIGHTGUARD SYSTEMS, INC
I-26049 REPLACEMENT PART-CROSSWALK R 8/21/2026 495.65 084496 495.65 SAN01 SAN JOAQUIN CO AUDITOR-CONTROL
I-202608215889 CO PARKING CITE FEES JUL 2026 R 8/21/2026 469.25 084497 469.25 1 MARTINEZ,MARTHA
I-202608185887 DMG DEP RFND R 8/24/2026 250.00 084498 250.00 ARD01 ARDURRA GROUP INC
I-189672 PROJ#25112 LA MESA SEWER R 8/24/2026 118.50 084499 118.50 ARE02 AYALA-AREVALO, JADIERRE
I-202608185866 SOCCER REFEREE 8/8/26 R 8/24/2026 50.00 084500 I-202608185867 SOCCER REFEREE 8/15/26 R 8/24/2026 84.00 084500 134.00 AUT03 AUTOMATION DIRECT,INC.
I-19491344 (4) FEEDTHROUGH MODULE 20-POLE R 8/24/2026 150.08 084501 150.08 BEC02 BECERRA, JOSIAH
I-202608185870 SOCCER REFEREE 8/8/26 R 8/24/2026 54.00 084502 I-202608185871 SOCCER REFEREE 8/15/26 R 8/24/2026 120.00 084502 174.00 BES07 BEST BEST & KRIEGER LLP
I-1070165 ATTORNEY CONTRACT JUL 2026 R 8/24/2026 13,876.12 084503 I-1070166 PROFESSIONAL SERVICES JUL 2026 R 8/24/2026 111.90 084503 I-1070167 PROFESSIONAL SERVICES JUL 2026 R 8/24/2026 3,580.80 084503 I-1070168 PROFESSIONAL SERVICES JUL 2026 R 8/24/2026 4,065.70 084503 21,634.52 BLA04 BLACKWATER CONSULTING ENGINEER
I-9278 PROFESSIONAL SERVICES JUL 2026 R 8/24/2026 6,698.00 084504 I-9314 ODOR MONITORING REPORT R 8/24/2026 2,443.50 084504 9,141.50 CAL26 CALDERON, NICIO
I-202608185883 SOCCER REFEREE 8/8/26 R 8/24/2026 36.00 084505 I-202608245892 SOCCER REFEREE 8/15/26 R 8/24/2026 72.00 084505 108.00 CCP01 C&C PORTABLE TOILETS INC
I-21411 PORTABLE TOILET-SHOOTING RANGE R 8/24/2026 245.50 084506 I-21415 PORTABLE TOILET-BRENTWOOD PARK R 8/24/2026 283.50 084506 529.00
9/02/2026 8:59 AM A/P HISTORY CHECK REPORT PAGE: 4
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 8/11/2026 THRU 8/31/2026
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT CIN01 CINTAS CORP
I-5353133701 FIRST AID SUPPLIES R 8/24/2026 248.33 084507 248.33 COM06 COMPLETELY IT
I-TS-INV-23756 OFFICIALS MODULE-RECREATION V 8/24/2026 299.00 084508 299.00 COM06 COMPLETELY IT
M-CHECK COMPLETELY IT VOIDED V 8/24/2026 084508 299.00CR CRE01 CRESCENT SUPPLY
I-076629 (2) EMBROIDERED POLO W/ PATCH R 8/24/2026 124.07 084509 124.07 CSG01 CSG CONSULTANTS INC
I-B261064 PLAN CHECK & INSPECTIONS R 8/24/2026 2,987.92 084510 I-F260565 FIRE PLAN REVIEW SERVICES R 8/24/2026 710.00 084510 3,697.92 DAT03 DATA TICKET INC
I-198602 MONTHLY DAILY CITATIONS R 8/24/2026 579.04 084511 579.04 DUE02 DUENAS, LOLA
I-202608185881 SOCCER REFEREE 8/8/26 R 8/24/2026 54.00 084512 54.00 ESC21 209 MULTIMEDIA CORP
I-424414 RETAIL DISPLAY: MEASURE P ADVI R 8/24/2026 234.96 084513 234.96 FGL01 FRUIT GROWERS LABORATORY INC
I-636520A DRINKING WATER TESTING R 8/24/2026 291.00 084514 I-636522A DRINKING WATER TESTING R 8/24/2026 291.00 084514 I-651069A INDUSTRIAL WATER TESTING R 8/24/2026 656.00 084514 I-651070A INDUSTRIAL WATER TESTING R 8/24/2026 485.00 084514 I-651182A DRINKING WATER TESTING R 8/24/2026 220.00 084514 I-651528A DRINKING WATER TESTING R 8/24/2026 234.00 084514 2,177.00 FRO03 FRONTIER COMMUNICATIONS
I-202608215890 MONTHLY 911 TELEPHONE R 8/24/2026 84.00 084515 84.00 GEO01 GEORGE REED INC
I-100408281 ASPHALT R 8/24/2026 302.03 084516 302.03
HAG02 HAGEN, DANI
I-202608185876 SOCCER REFEREE 8/8/26 R 8/24/2026 54.00 084517 54.00 HER04 HERITAGE LANDSCAPE SUPPLY GROU
I-0028795750-001 (1) IRRITROL ANGL VLV 3" R 8/24/2026 348.86 084518 348.86
9/02/2026 8:59 AM A/P HISTORY CHECK REPORT PAGE: 5
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 8/11/2026 THRU 8/31/2026
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT HOL10 HOLT OF CALIFORNIA, INC.
I-SW030144601 CAT 3208-REPAIR FUEL LEAK R 8/24/2026 6,651.76 084519 6,651.76 HUE02 HUEBNER, RYAN
I-202608185864 SOCCER REFEREE 8/8/26 R 8/24/2026 60.00 084520 I-202608185865 SOCCER REFEREE 8/15/26 R 8/24/2026 36.00 084520 96.00 ISA02 ISAAC, IRIEL
I-202608185862 SOCCER REFEREE 8/8/26 R 8/24/2026 40.00 084521 I-202608185863 SOCCER REFEREE 8/15/26 R 8/24/2026 36.00 084521 76.00 ISI01 ISIDRO, IVAN
I-202608185868 SOCCER REFEREE 8/8/26 R 8/24/2026 42.00 084522 I-202608185869 SOCCER REFEREE 8/15/26 R 8/24/2026 56.00 084522 98.00 KRI03 KRIEGER, MILEY
I-202608185877 SOCCER REFEREE 8/8/26 R 8/24/2026 36.00 084523 36.00 LAW10 LAW ENFORCEMENT PSYCHOLOGICAL
I-INV-5002 EMPLOYMENT PSYCH EVAL-TEAGUE R 8/24/2026 475.00 084524 475.00 LEH02 LEHMAN, MYLAH
I-08/15/26 SOCCER REFEREE 8/15/26 R 8/24/2026 84.00 084525 I-202608185872 SOCCER REFEREE 8/8/26 R 8/24/2026 42.00 084525 126.00 MID02 DESIGNORI, MCLAIN
I-V1270 REFURBISHMENT OF AERATOR R 8/24/2026 22,783.56 084526 I-V1271 (5) PULLEY (1) COUPLING HALF R 8/24/2026 603.59 084526 I-V1272 (5) UHMW BEARING BRACKET R 8/24/2026 1,038.49 084526 I-V1277 (10) L BRACKET R 8/24/2026 1,777.88 084526 26,203.52 MID15 HALCYON CREEK INC
I-202146553 (1) DESKTOP COMPUTER/INSTALL R 8/24/2026 2,060.11 084527 2,060.11 MIR07 MIRANDA RILEY NICOLE
I-202608185879 SOCCER REFEREE 8/8/26 R 8/24/2026 54.00 084528 54.00 MIS02 MISSION LINEN SUPPLY
I-526515294 RUG/TOWEL/UNIFORM-PW R 8/24/2026 150.40 084529 I-526555715 RUG/TOWEL/UNIFORM-PW R 8/24/2026 124.86 084529 I-526555722 RUG/TOWEL-COMM CTR R 8/24/2026 31.56 084529 I-526555725 RUG/TOWEL-CH R 8/24/2026 39.35 084529 346.17
9/02/2026 8:59 AM A/P HISTORY CHECK REPORT PAGE: 6
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 8/11/2026 THRU 8/31/2026
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT MIS03 CAR WASH PARTNERS, LLC
I-244209 (17) PATROL WASHES JUL 2026 R 8/24/2026 397.80 084530 397.80 MUN02 MUNICIPAL MAINTENANCE EQUIPMEN
I-052479 FEMALE/MALE HANDGUN COUPLINGS R 8/24/2026 76.68 084531 76.68 OAK01 OAK VALLEY DISTRICT HOSPITAL
I-479K33563 PRE-EMP EXAM-TEAGUE R 8/24/2026 390.00 084532 390.00 OREI1 O'REILLY AUTOMOTIVE STORES INC
C-3811-394813 (1) CORE RETURN R 8/24/2026 16.25CR 084533 I-3811-394086 (6) CABIN FILTER R 8/24/2026 72.75 084533 I-3811-394552 1GAL ANTI FREEZE R 8/24/2026 18.48 084533 I-3811-394807 (1) BATTERY R 8/24/2026 250.47 084533 325.45 PAC02 PACIFIC GAS AND ELECTRIC
I-0008545567-3 DECOM/ONGOING CTC CHGS JUL 26 R 8/24/2026 4.23 084534 4.23 PAC02 PACIFIC GAS AND ELECTRIC
I-0008545568-1 DECOM/ONGOING CTC CHGS JUL 26 R 8/24/2026 15.16 084535 15.16 PAC02 PACIFIC GAS AND ELECTRIC
I-0008545623-4 DECOM/ONGOING CTC CHGS JUL 26 R 8/24/2026 1.31 084536 1.31 PAC02 PACIFIC GAS AND ELECTRIC
I-0008545626-7 DECOM/ONGOING CTC CHGS JUL 26 R 8/24/2026 13.05 084537 13.05 PAC03 AT&T
I-202608185886 MONTHLY TELEPHONE R 8/24/2026 207.26 084538 207.26 PL01 P & L CONCRETE PRODUCTS/FOLSOM
I-7015612 (1YD) CONCRETE SAND R 8/24/2026 70.69 084539
I-7015702 CARTAWAY -PEA GRAVEL R 8/24/2026 261.82 084539 332.51 QUE02 QUENCH USA, INC.
I-INV11341763 WATER FILTER AC- CANCELLED R 8/24/2026 338.34 084540 I-INV11341764 WATER FILTER WWTP- CANCELLED R 8/24/2026 445.01 084540 783.35 QUI03 QUILL CORPORATION
I-49821483 (4) CASES COPY PAPER R 8/24/2026 191.36 084541 191.36 RAL01 RALEY, ISABELLE
I-202608185882 SOCCER REFEREE 8/8/26 R 8/24/2026 36.00 084542 36.00
9/02/2026 8:59 AM A/P HISTORY CHECK REPORT PAGE: 7
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 8/11/2026 THRU 8/31/2026
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT RAM04 RAMENO, EZRA
I-202608185885 SOCCER REFEREE 8/15/26 R 8/24/2026 78.00 084543 78.00 RES01 PITNEY BOWES BANK INC RESERVE
I-202608215891 POSTAGE R 8/24/2026 3,000.00 084544 3,000.00 ROM03 ROMERO, ADRIANA
I-202608185875 SOCCER REFEREE 8/15/26 R 8/24/2026 104.00 084545 I-202608185880 SOCCER REFEREE 8/8/26 R 8/24/2026 42.00 084545 146.00 ROM04 ROMERO, ALEXANDRA
I-202608185878 SOCCER REFEREE 8/8/26 R 8/24/2026 54.00 084546 54.00 SOU01 SOUTH SAN JOAQUIN IRRIGATION D
I-0009543 STORM DRAINAGE AGREEMENT R 8/24/2026 16,667.00 084547 I-0009547 FIXED COSTS JUL 2026 R 8/24/2026 41,068.88 084547 57,735.88 STR01 STRAND ACE HARDWARE INC.
I-692962 FASTENERS/KEY/PDLK R 8/24/2026 50.21 084548
I-692964 5 GAL COOLER R 8/24/2026 42.40 084548
I-692967 KEY RINGS/KEYKRAFTER R 8/24/2026 78.71 084548
I-692983 FIELD MARKER WHT/TAPE MEASURE R 8/24/2026 621.36 084548 I-692984 (2) STRIPING PAINT R 8/24/2026 23.90 084548
I-693105 DOOR SEALS R 8/24/2026 64.10 084548
I-693114 FASTENERS R 8/24/2026 3.74 084548
I-693121 DOOR SEAL R 8/24/2026 20.65 084548
I-693166 DOOR SWEEP/ BARRIER FOAM R 8/24/2026 161.25 084548 I-693175 PUTTY KNIFE/ADHSV/SPREADR R 8/24/2026 19.86 084548 I-693181 SHELF BOARD/DRILL SET/FASTENER R 8/24/2026 89.98 084548 I-693220 CHAINSAW CHAIN/REPAIR PARTS R 8/24/2026 63.60 084548 I-693242 COUPLING/ADPTR/PIPE PVC/TAPE R 8/24/2026 175.70 084548 I-693256 UNION/PRIMER PVC/BUSHING R 8/24/2026 120.19 084548 I-693320 (4) STRIPING PAINT WHITE R 8/24/2026 38.24 084548 I-693342 CABLE SAW PVC R 8/24/2026 26.08 084548
I-693354 SANDPAPER R 8/24/2026 7.60 084548
I-693359 COUPLING/SCH PVC R 8/24/2026 17.38 084548
I-693486 (1) BARRIER FOAM R 8/24/2026 15.21 084548
I-693508 SPRAY GUN EXT/SILICONE LUBE R 8/24/2026 105.44 084548 I-693531 (4) PIECES OF LUMBER R 8/24/2026 64.11 084548
I-693582 (4) WIRE LOCK PIN R 8/24/2026 18.88 084548
I-693628 (4) BATTERIES R 8/24/2026 31.71 084548
I-693633 (4) STRIPING WHITE PAINT R 8/24/2026 43.02 084548 I-693760 2PK BATTERY 9V R 8/24/2026 14.13 084548
I-693944 WASP SPRAY R 8/24/2026 5.43 084548
I-A46067 (1) UNDER DOOR SEAL R 8/24/2026 20.65 084548 1,943.53
9/02/2026 8:59 AM A/P HISTORY CHECK REPORT PAGE: 8
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 8/11/2026 THRU 8/31/2026
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT SWI01 SWIFT, ROBERT
I-4772 SPRINKLER REPLACEMENT-LABOR R 8/24/2026 60.00 084549 60.00 SWI02 SWIFTCOMPLY US OPCO, INC
I-INV001259 1YR- MAINTENANCE SUPPORT R 8/24/2026 882.00 084550 882.00 TEL01 TELSTAR INSTRUMENTS
I-133417 SCADA SYSTEM UPGRADE R 8/24/2026 1,633.00 084551 1,633.00 TIL04 TILLMAN, VICK
I-202608185861 SOCCER REFEREE 8/8/26 R 8/24/2026 36.00 084552 36.00 TRE01 TREJO, IAN
I-202608185873 SOCCER REFEREE 8/8/26 R 8/24/2026 36.00 084553 I-202608185874 SOCCER REFEREE 8/15/26 R 8/24/2026 36.00 084553 72.00 ULI01 ULINE
I-211317791 SFTY GLASSES/BOOTS/BLEACH/CLNR R 8/24/2026 1,311.44 084554 1,311.44 VAL11 VALLEY PACIFIC PETROLEUM SERVI
I-CL 26-012491 FUEL R 8/24/2026 1,384.86 084555 1,384.86 AUT01 AUTREYS SWEEPING LLC
I-49084 STREET SWEEPING SERVICES R 8/24/2026 1,807.69 084556 1,807.69 INS03 RENTOKIL NORTH AMERICA INC
I-408529 MONTHLY PEST CONTROL SERV R 8/24/2026 52.76 084557 I-408530 MONTHLY PEST CONTROL SERV R 8/24/2026 52.76 084557 I-408535 MONTHLY PEST CONTROL SERV R 8/24/2026 52.76 084557 I-408542 MONTHLY PEST CONTROL SERV R 8/24/2026 52.76 084557 I-408547 MONTHLY PEST CONTROL SERV R 8/24/2026 52.76 084557 I-408551 MONTHLY PEST CONTROL SERV R 8/24/2026 92.76 084557 I-408559 MONTHLY PEST CONTROL SERV R 8/24/2026 52.76 084557 I-408566 MONTHLY PEST CONTROL SERV R 8/24/2026 52.76 084557 462.08 MID15 HALCYON CREEK INC
I-1505 MONTHLY IT SERVICE R 8/24/2026 7,580.20 084558 7,580.20 RIP01 CITY OF RIPON
I-7380 MONTHLY DISPATCH SERVICES R 8/24/2026 15,135.72 084559 I-7381 MONTHLY DISPATCH SERVICES R 8/24/2026 227.98 084559 15,363.70 GOR01 GORDON, ROGER
I-20268 GRAZING FOR WEED CONTROL WWTP R 8/26/2026 2,000.00 084600 2,000.00
9/02/2026 8:59 AM A/P HISTORY CHECK REPORT PAGE: 9
VENDOR SET: 01 City of Escalon, CA
BANK: OPOOL OAK VALLEY POOL CASH
DATE RANGE: 8/11/2026 THRU 8/31/2026
CHECK INVOICE CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT BEA01 BEAR ELECTRICAL SOLUTIONS, LLC
I-12476 QUARTERLY SIGNAL MAINT. R 8/26/2026 250.00 084601 I-12478 NEW CONTROLLER-RESPONSE R 8/26/2026 3,580.00 084601 3,830.00 QUA10 QUALITY SERVICE INC
I-39639 WWTP OPERATIONS R 8/26/2026 57,925.00 084602 57,925.00 SNJ01 SNJ FABRICATION LLC
I-8689 BUS STOP REPAIRS R 8/26/2026 15,381.31 084603 15,381.31 * * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT REGULAR CHECKS: 76 304,521.69 0.00 304,222.69
HAND CHECKS: 0 0.00 0.00 0.00
DRAFTS: 4 124,974.94 0.00 124,974.94
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 299.00CR 299.00CR 0.00
TOTAL ERRORS: 0
NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
VENDOR SET: 01 BANK: OPOOL TOTALS: 80 429,197.63 0.00 429,197.63 BANK: OPOOL TOTALS: 80 429,197.63 0.00 429,197.63
REPORT TOTALS: 80 429,197.63 0.00 429,197.63
9/02/2026 8:59 AM A/P HISTORY CHECK REPORT PAGE: 10
SELECTION CRITERIA
------------------------------------------------------------------------------------------------------------------------------------ VENDOR SET: 01-CITY OF ESCALON VENDORS
VENDOR: ALL
BANK CODES: All
FUNDS: All
------------------------------------------------------------------------------------------------------------------------------------
CHECK SELECTION
CHECK RANGE: 000000 THRU 999999
DATE RANGE: 8/11/2026 THRU 8/31/2026
CHECK AMOUNT RANGE: 0.00 THRU 999,999,999.99
INCLUDE ALL VOIDS: YES
------------------------------------------------------------------------------------------------------------------------------------
PRINT OPTIONS
SEQUENCE: CHECK NUMBER
PRINT TRANSACTIONS: YES
PRINT G/L: NO
UNPOSTED ONLY: NO
EXCLUDE UNPOSTED: NO
MANUAL ONLY: NO
STUB COMMENTS: NO
REPORT FOOTER: NO
CHECK STATUS: NO
PRINT STATUS: * - All
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ITEM NO. 4
COUNCIL AGENDA ITEM
FOR SEPTEMBER 8, 2026
Prepared By: Frank Splendorio, City Attorney
Date: August 18, 2026
Subject: Consider Options Regarding Temporary and/or Permanent Prohibitions on Data Center Development in the City
Recommendation:
Discuss and provide direction regarding options to temporarily prohibit or permanently restrict data center development within the City, including whether to direct Staff and the City Attorney to prepare an interim urgency ordinance establishing a moratorium and related General Plan and/or zoning amendments for future City Council consideration.
Strategic Plan Priority:
This item is not directly consistent with the City of Escalon 2025-2026 Strategic Plan.
Background:
The City Council has requested consideration of options available to the City to address future data center development via an Agenda Item Request submitted by Mayor Hagan and supported by Councilmember Kay, dated July 12, 2026. Then, on July 20, 2026, the Council discussed and directed staff to bring additional information regarding this matter, including options.
Data centers can present land use and infrastructure considerations that differ from more traditional commercial or industrial development, including potentially significant utilities demand (especially electricity and water use), backup generation, noise, and additional infrastructure requirements. The policy question for City Council is whether data centers should be permitted in Escalon and if development can be discouraged within the City’s adopted Planning Area, or whether the City should consider a temporary or permanent prohibition on data center development.
The City’s General Plan provides the overall framework for land use decisions, while the City’s zoning and subdivision regulations implement that framework. Accordingly, any long-term prohibition or voter-approval requirement should be coordinated with the General Plan and implementing land use regulations. There are several potential approaches available to the Council.
They differ primarily in how quickly they can take effect, how long they remain effective, and whether voter approval is required.
Discussion:
Option 1 – Interim Moratorium While the City Pursues Permanent Regulations As an initial option, the City Council could adopt an interim urgency ordinance establishing a temporary moratorium on the approval and, as permitted by applicable law, processing of applications for new data centers within the City. The purpose of the moratorium would be to preserve the status quo while the City evaluates and adopts appropriate permanent regulations addressing data centers.
Government Code section 65858 authorizes a city, without following the procedures ordinarily required before adoption of a zoning ordinance, to adopt an interim urgency ordinance temporarily prohibiting land uses that may conflict with a contemplated general plan, specific plan, or zoning proposal that the City is considering or studying. Adoption requires a four-fifths vote of the City Council and appropriate legislative findings. An initial interim ordinance may remain in effect for up to 45 days. Following the required notice and public hearing, the City Council may extend the ordinance for an additional 10 months and 15 days and, thereafter, for an additional year, subject to the requirements of state law.
A moratorium would not, by itself, establish the City’s permanent policy regarding data centers.
Rather, it would provide the City with a defined period during which applications for data centers could not proceed, while the City determines whether and how its General Plan and/or zoning ordinance should be amended. Such amendments could ultimately establish a permanent prohibition on data centers, establish particular zoning districts in which data centers may or may not be located, or establish development and operational standards applicable to such facilities. Alternatively, the moratorium could remain in place, to the extent permitted by state law, while the City prepares a measure for consideration by Escalon voters (see additional voter-related options, below).
The principal function of a moratorium in this context would be to create a temporary pause so that a data center application does not proceed under existing regulations while the City considers and implements a permanent policy. For Escalon, this approach could therefore be combined with any of the options discussed below, including a Council-adopted prohibition, a voter-approved prohibition, or a requirement for voter approval of future data center projects.
Option 2 – Council-Adopted Prohibition
The City Council could pursue a permanent prohibition on data centers through amendments to the City’s land use regulations. Under this option, the City would amend the General Plan, if necessary to maintain consistency, and amend Title 17 of the Escalon Municipal Code (Zoning) to expressly identify data centers as a prohibited land use within the City. This approach would allow the City Council to establish a permanent land use policy without waiting for a future election. The amendment process would require the City to follow the applicable procedures for General Plan and zoning amendments, including Planning Commission review and recommendation and subsequent City Council consideration.
Unlike a voter-approved measure, however, a prohibition adopted by the City Council would generally remain subject to future amendment or repeal by a subsequent City Council. Accordingly, while this option could provide a more immediate permanent regulatory solution than waiting for
voter action, it would not provide the same degree of long-term durability as a voter-approved measure.
Option 3 – Voter-Approved Action at the 2028 General Election The Council could develop a General Plan amendment and related measure for submission to Escalon voters at the 2028 general election. The measure could establish a voter-approved policy prohibiting data centers or otherwise restricting the land use designations or approvals under which a data center could be developed. The precise form of the measure would depend on the substantive restriction the Council wishes voters to consider.
This approach would provide direct voter consideration and could make future changes to the voterapproved policy subject to voter approval. The principal disadvantage is timing. Waiting until 2028 would leave a period during which a data center application could potentially be submitted and processed under the laws then in effect. If the Council wants to preserve the status quo until such 2028 election, this option should therefore be paired with an interim moratorium, as discussed in Option 1 and Option 2.
Option 4 – Special Election Before 2028
Rather than waiting until the 2028 general election, City Council could consider calling or consolidating a special election, as permitted by applicable election law, to submit a data center General Plan amendment or related land use measure to voters sooner. This would accelerate a definitive voter decision but would involve additional election administration and potentially significant election costs depending on the election date and whether the measure can be consolidated with another election.
As with Option 3, a special election does not itself prevent applications from being filed or processed before the election. If the Council’s objective is to prevent data center applications from being approved while the electorate considers the issue, the special-election option would also be most effective if coupled with an interim moratorium (Option 1 or Option 2).
Option 5 – Council Ordinance Requiring Voter Approval of Future Data Center Projects The Council could consider adopting an ordinance providing that a future data center project may not proceed without voter approval. Standing alone, however, this approach presents significant timing and implementation concerns and would not provide the same immediate protection as the options outlined in Option 1 and Option 2.
Development applications are processed under the City’s existing General Plan, zoning, subdivision, and entitlement procedures and under State-law processing requirements. Depending on the project, approvals may include Planning Commission action, City Council action, environmental review, use permits, site or development approvals, and subdivision approvals. State law also imposes procedural and timing requirements on local land use decisions. The Permit Streamlining Act and, where applicable, the Subdivision Map Act impose deadlines for action on development applications and maps. Those timelines can create a mismatch between the City’s obligation to process an application and the time necessary to schedule and conduct an election.
For that reason, a project-specific voter-approval ordinance would not, by itself, reliably preserve the then-in-effect status quo while voter approval is pending. Once an application is submitted and deemed complete, the City may face statutory duties to continue processing and act on the application within applicable deadlines. Depending on the approvals requested and the law applicable at the time of filing, additional issues may also arise concerning vested rights and the legal effect of subsequently adopted restrictions.
If the Council wishes to pursue a voter-approval requirement for individual data center projects, that policy should therefore be coupled with an interim moratorium (Option 1 or Option 2). The moratorium would temporarily prevent data center applications from being approved while the City determines how the voter-approval requirement could be integrated into its General Plan and zoning framework and while the necessary election procedures are developed.
Policy Direction
If the City Council’s immediate objective is to ensure that a data center project cannot move forward while the City determines its long-term policy, an interim moratorium is the mechanism that most directly addresses that timing concern. During the moratorium period, the Council could determine whether the permanent approach should be a Council-adopted General Plan and zoning prohibition, a voter-approved prohibition at the 2028 general election, an earlier special-election measure, or another option.
Fiscal Impact:
There is no direct fiscal impact associated with providing policy direction pursuant to this item.
Preparation and processing of a moratorium, General Plan and zoning amendments, or preparation of ballot materials would require Staff and City Attorney time. A special election would likely result in additional significant election costs.
Attachments:
None.
ITEM NO. 5
COUNCIL AGENDA ITEM
FOR SEPTEMBER 8, 2026
Prepared By: Jaylen French, City Manager
Prepared Date: August 26, 2026
Subject: Consider Providing Direction to Staff Regarding the Use of FY 25-26 Budget Surplus and FY 26-27 Unassigned Funds
Recommendation:
Hear the options presented by City staff and consider providing direction regarding the use of FY 25-26 budget surplus and FY 26-27 unassigned funds.
Strategic Plan Priority:
Depending on Council direction on use of available funds, this item could be directly consistent with and applicable to the adopted Escalon 2025-2026 Strategic Plan.
Background:
On June 1, 2026, City staff presented, and the City Council adopted, the Escalon Fiscal Year 2026- 2027 Annual Budget. At that time, staff informed the Council that due to higher than anticipated Measure P funds, a likely one-time occurrence, the City is expected to have nearly $400,000 in FY 25-26 budget surplus, and has $327,000 in unassigned funds in the FY 26-27 Budget. At the meeting, Council discussed various approaches and options for use of the available funds and ultimately provided consensus to staff to bring back an item to allow further deliberation, which may include public input and coordination with the Measure P Committee.
Discussion:
Resident Input
Since that time, the City has released an opinion survey in which 44 total submissions were initiated with 28 full responses received. In response to the question: Rank the following spending areas in order of importance, with 1 being the highest priority and 5 the lowest, the average scores are as follows:
- Business Attraction & Retention 2.56
- Police Officer Retention and Recruitment 2.89
- City Beautification / Park Enhancements 2.96
- Debt Paydown / Expense Reduction 3.19
- Reserve Fund Increase 3.41
This indicates that of the 28 resident entries, they favored Business Attraction/Retention, with Debt Paydown and Reserve Increase as the least favored.
Further, 15 write-in entries were provided. Improvements to parks, recreation and sports activities totaled 7 of 15 responses, and CalPERS/Debt paydown 2, Event Center Options 1, Downtown Improvements 1, Sidewalk Improvements 1, Infrastructure 1, and Police Retention 1. There was one indirect comment indicating that the individual would share specific ideas at a council meeting.
Economic Development Committee Input
On July 28, 2026, the Escalon Economic Development Committee deliberated on this item.
Ultimately, they recommended:
- Additional CalPERS paydown ($325,000)
- Liberty Business Park infrastructure extension assistance ($325,000) - Corridor beautification / park improvements ($50,000) City staff and the Council also provided ideas. Each of those are detailed below.
City Loan
The City secured a loan in 2013, with a 30-year term, to improve the Community Center and Civic Center. The current loan balance is $2,847,700, with 19% (or $537,000) of that in interest. The current interest rate is 2.5%. The monthly payment is $13,648 (or $163,776 per year). Should the City choose to pay the loan off in 5 years, it would require an annual payment of $462,130 or an increase of $298,354 per year. This would save $402,250 in interest payments and would cost the City approximately $112,000 in investment earnings for a total net savings of $290,273. The equates to an estimated $1.27 per dollar return on investment.
Budget Reserves
If the available funds were moved to Reserves, this would increase the City’s reserve totals to approximately $3.4M or almost 51% of the City’s current operating budget. In turn, this would generate approximately $50,000 in additional investment revenue.
Additional CalPERS Paydown Payment
In 2025, the City Council approved a 10-year plan to pay down the City’s current CalPERS liability, which at the time was over $6M. The City has successfully completed one lump sum payment in the amount of $350,000 toward the liability, which equates to an estimated $1.72 per dollar return on investment. The City went from a 10-year plan to an 8-year paydown period with the one additional payment. The City Council could consider an additional lump sum payment toward the CalPERs liability using the budget surplus or unassigned funds in addition to the scheduled $350,000 payment this year per the 10-year plan. We expect another sizable lump sum payment to have the same ROI impact.
Police Retention / Longevity Program
The City has developed two programs to consider. First, a standard longevity bonus that provides a cash incentive at the two-year anniversary, say $2,000, and an additional cash incentive at the threeyear anniversary, say $3,000. The City of Escalon has discovered that our greatest challenge in officer retention is for officers to stay past their probation period (18-months), at which time, they become eligible for a lateral transfer to a larger agency or an agency that provides higher salaries.
This program could help address that issue.
Second, based on feedback from Council and the community, with the thought that it would be beneficial for Escalon officers to live in Escalon. City staff has developed a mortgage assistance program. The program would provide up to $6,250 per year for 8 years or a total of $50,000 to any officer(s) that purchase a home in the City of Escalon.
Liberty Business Park Infrastructure Extension
The intent of this item is to ensure the Liberty Business Park (LBP) is as ready for industrial and commercial developers as possible. The extension of infrastructure to LBP would reduce an obstacle and burden to future development in the park. At this time, the City does not have a detailed cost estimate for the extension of infrastructure to the Liberty Business Park area. Apart from the physical act of extending water and sewer lines across SR-120 and the Union Pacific Railline, the downstream conveyance system and approach must be addressed. The 2007 Specific Plan calls for pump stations and large lines on the est side of the City. City staff and the engineering team are currently developing conceptual plans to fully address this issue. With the complexity of the issue, should the Council choose to provide funds to the effort, these funds could go toward design and engineering efforts, which would be valuable as well.
Business Development
The City Council has prioritized economic development in the 2025-2026 Strategic Plan. To that end, they have set aside $150,000 in each of the fiscal years under the Strategic Plan for the purposes of economic development. In FY 25-26, the City allocated approximately $100,000 for the development of an economic development strategic plan, and $40,000 for the small business incentive program with $10,000 set aside for permitting improvements. Ultimately, the economic development strategic plan will cost approximately $80,000, and should the Murphy Ranch project move forward, the developer will pay $75,000 toward this effort.
The City Council, Economic Development Committee and City staff has not yet definitively allocated the $150,000 in set asides funds for economic development or business development for this fiscal year. We imagine some portion will go toward a second year of the small business incentive program. The City could also set aside a larger portion for infrastructure extension, as outlined above. Additionally, funds could be set aside for a large business incentive program.
Different than the small business program, in which the City sought applicants, this would be set aside funds for when, through our administrative economic development and business attraction efforts, a large business approached the City, or if an existing large business required assistance to remain in town or to expand, and would be used at the Council’s discretion.
St. John Park
As specifically mentioned by a Councilmember during the June 1, 2026 initial discussion, the City explored the feasibility and cost of turning the City owned parcel on St. John into a dog park and walking trail. Please see draft exhibit below.
The City estimates that the baseline park would cost approximately $120,000, for site clearing and grubbing ($40,000), installation of fence to delineate the proposed two sections of dog park and a concrete pad to stand on ($64,000)—this cost could be reduced with smaller sections of dog park, benches, pet stations and park signage ($17,500). If the City were to add a crushed rock parking lot and grade the walking trail, as shown in the exhibit, this would be an additional $30,000. If the City were to line the walking path with decomposed granite, this would be an additional $40,000. If the city were to bring a water supply and add grass, this would be an additional $335,000.
Park Restrooms
As part of the general discussion around park improvements, there was a request at the June 1, 2026 meeting to understand the cost of installing restrooms in City parks. The restroom in Hogan Park cost the City $428,000, in which $182,000 came from a Prop 86 Grant, and the remainder, $246,000 was from Park & Recreation Development Impact Fees. This is a larger bathroom than is perhaps needed in the smaller parks throughout town.
In late 2024, City staff looked into this issue and determined that a good place to start with restrooms in city parks, should the Council chose, would be any park over 3 acres in size. This is Hogan Park (currently has restroom facility), Sanchez Park, Bob and Dena Lease Park (Brentwood), Main Street Park, and the new Shadowood Park after the expansion should the Murphy Ranch project move forward. The Murphy Ranch project is required to install as restroom as part of development of the park. So two (2) of the five (5) parks of 3 acres or more could have restrooms in the near future.
In 2024, City staff determined that a one-stall restroom would cost approximately $150,000 to install, plus approximately $70,000 for the infrastructure extension to serve the restroom, for a total of approximately $220,000.
Railroad Right-of-Way Beautification
To improve the aesthetic quality of the railroad right-of-way, a simple and straightforward idea would be to install split rail fence, and shrubs in front (width of 5 feet). The estimated cost to install split rail fencing and landscaping along select portions of the railroad ROW along SR 120 and McHenry Avenue is as follows:
- Split Rail Fence – Approximately $25 per linear foot. o SR-120 frontage equals approximately 4,200 feet or $105,000 o McHenry frontage equals approximately 5,750 feet or $143,750 - Landscaping – Approximately $50 per linear foot
o SR-120 frontage equals approximately 4,200 feet or $210,000 o McHenry frontage equals approximately 5,750 feet or $287,500 - Irrigation – Approximately $4 per linear foot
o SR-120 frontage equals approximately 4,200 feet or $16,800 o McHenry frontage equals approximately 5,750 feet or $23,000 - Total: $786,050 for the entire stretch. Based on the cost, and to ensure feasibility, the City would likely select certain areas, as a pilot, to improve first, and would not improve the entire stretch.
Welcome to Escalon signage has also been mentioned/recommended through these conversations.
There are inexpensive options (metal signs), which would cost less than $750, and more costly options, monument/entry way signs, which could cost $50,000 each or more.
Fiscal Impact:
There will be a direct fiscal impact to the general fund associated with any allocation of dollars to the above listed projects/efforts. The monies discussed are General Fund dollars and are available for use at the Council’s discretion.
Attachments:
None.
ITEM NO. 6
COUNCIL AGENDA ITEM
FOR SEPTEMBER 8, 2026
Prepared By: Jaylen French, City Manager
Date: August 25, 2026
Subject: Consider License Agreement (Reciprocal Agreement) between DeRuosi Nut and the City of Escalon for the Purposes of Harvest-Season Parking and Related Staging, and Recreation Parking and Related Municipal Purposes (City of Escalon)
Recommendation:
Consider a License Agreement between DeRuosi Nut and the City of Escalon for the purposes of harvest-season parking and related staging (DeRuosi Nut), and recreation parking and related municipal purposes (City of Escalon).
Strategic Plan Priority:
This item is not directly consistent with the City of Escalon 2025-2026 Strategic Plan.
Background:
DeRuosi Nut (Michael A. DeRuosi Family L.P.) owns a triangular parcel located at the SW corner of Escalon-Bellota Avenue and Arthur Road, adjacent to the Escalon Community Center and HoganEnnis Park. Please see exhibit on Page 2. This property has historically been used for paring during events at the Community Center and Hogan-Ennis park without a formal agreement between the parties.
The City of Escalon owns an approximately 19-acre parcel north of Hogan-Ennis Park, adjacent to DeRuosi Nut’s operation on Arthur Road. This property is currently vacant and unimproved.
DeRuosi Nut desires to use the 3.8-acre portion of the City’s larger property for harvest-season parking and related staging activities. The City and DeRuosi Nut desire to enter into a License Agreement (reciprocal licenses) for a period of 10 years to use each other’s property as defined above, and as further outlines in the attached License Agreement. As part of the Agreement, DeRuosi Nut will improve the 3.8 acre area to a temporary parking lot. The City, if it terminates the agreement prior to 10 years agrees to pay the prorated portion of the parking improvements, which are valued at $130,000.
Discussion:
From September 15 through November 15 of each calendar year during the Term, i.e. Harvest
Period, DeRuosi Nut shall have exclusive operational use of the City Area.
From November 16 through September 14 of each calendar year during the Term, i.e. Shared Use Period, City and DeRuosi Nut may each use the City License Area for their respective authorized uses. This provides the City with an additional area for recreation and Community Center event parking. Each Party shall coordinate its use and shall not unreasonably interfere with the other Party’s use, access, or activities.
Fiscal Impact:
Should the Agreement remain in place for the duration of the term, there is a neutral fiscal impact as the fee for the use of each property is the same and offsetting. Further, the City is not responsible for the cost of improvements to the 3.8 acre parking area. However, if the City were to terminate the agreement, the City would be responsible for the prorated share of the improvement costs, up to $130,000 (current estimated cost of improvements).
Attachments:
1. City of Escalon and DeRuosi Nut License Agreement
LICENSE AGREEMENT | 1
LICENSE AGREEMENT
This License Agreement (this “Agreement”) is entered into as of ____________________, 2026 (the “Effective Date”), by and among the CITY OF ESCALON, a California municipal corporation (“City”) and MICHAEL A. DERUOSI FAMILY, L.P., a California limited partnership (“Owner”) and THE DERUOSI GROUP LLC, a California limited liability company dba DeRuosi Nut (“DeRuosi Nut”). City, Owner, and DeRuosi Nut are each referred to herein as a “Party” and collectively as the “Parties”.
1. Purpose
a. Owner owns the triangular parcel located at the corner of Escalon-Bellota Road and Arthur Road, adjacent to the Escalon Community Center, shown and labeled “A” on Exhibit A attached hereto (the “Owner License Area”).
b. City owns the approximately 3.8-acre portion of real property along Arthur Road shown and labeled “B” on Exhibit A (the “City License Area”). The Owner License Area and City License Area are collectively referred to herein as the license areas (the “License Areas”). The boundaries shown on Exhibit A are approximate. The Parties shall reasonably meet and confer and cooperate to confirm the usable limits of each License Area in the field before or during commencing use or work. c. City desires a license to use the Owner License Area for recreational and related municipal purposes as permitted under this Agreement.
d. DeRuosi Nut desires a license to use the City License Area for harvest-season parking and related staging and to level and place road base on the City License Area as provided in this Agreement. e. The Parties desire to document these reciprocal license uses under this Agreement.
2. Reciprocal Licenses
a. License to City. Owner grants City a personal and nontransferable license to enter and use the Owner License Area during the Term (as defined in Section 3(a)) for the Authorized City Uses (as defined in Section 5(a)) during the Term.
b. License to DeRuosi Nut. City grants DeRuosi Nut a personal, and nontransferable license to enter and use the City License Area during the Term solely for the Authorized DeRuosi Nut Uses. c. Authorized Users. City, as to the Owner License Area, and DeRuosi Nut, as to the City License Area, are each a licensee (a “Licensee”) for purposes of this Agreement. Owner, as to the Owner License Area, and City, as to the City License Area, are each a licensor (a “Licensor”) for purposes of this Agreement. Each license includes use by the applicable Licensee’s officers, employees, contractors, agents, invitees, and members of the public participating in City-authorized activities, as applicable, subject to this Agreement.
3. Term; No Renewal
a. The term of this Agreement shall begin on the Effective Date and expire automatically at 11:59 p.m. on the date that is ten (10) years after the Effective Date (the “Term”), unless earlier terminated under this Agreement. There shall be no holdover, automatic renewal, or extension. Any continued or longterm use shall require a separate written agreement approved and executed in accordance with all applicable law, City procedures, and approvals. Nothing in this Agreement obligates any Party to enter into a future agreement.
Attachment 1
LICENSE AGREEMENT | 2
4. License Fees
a. Owner License Area. The consideration for City’s license of the Owner License Area is an annual license fee of One Hundred Dollars ($100.00), prorated for any partial first or final year of the Term.
b. City License Area. The consideration for DeRuosi Nut’s license of the City License Area is an annual license fee of One Hundred Dollars ($100.00), prorated for any partial first or final year of the Term.
c. Payment. The Parties agree that, while both licenses remain in effect, the equal annual license fees payable by City to Owner and by DeRuosi Nut to City shall be offset and deemed fully satisfied, and no funds shall be exchanged. Owner expressly consents to such offset. If either license terminates or ceases while the other license remains in effect, the offset shall cease and the continuing Licensee shall pay the applicable license fee directly to the applicable Licensor, prorated for the applicable period of use.
5. Permitted Uses and Use Periods
a. City Use of Owner License Area. City may use the Owner License Area for recreation, overflow parking, pedestrian access associated with City recreational activities, authorized City events, and related municipal purposes (“Authorized City Uses”). Any other use requires Owner’s prior written consent. City shall not construct improvements or alter the grade, drainage, vegetation, or surface of the Owner License Area without Owner’s prior written consent. b. DeRuosi Nut Use of City License Area. DeRuosi Nut may use the City License Area solely for temporary parking and staging of employee and business vehicles and equipment in connection with its harvest operations and for no other purpose whatsoever (the “Authorized DeRuosi Uses”).
DeRuosi Nut shall not conduct processing, retail sales, overnight habitation, permanent storage, or fueling on the City License Area.
c. Harvest Period. From September 15 through November 15 of each calendar year during the Term, (the “Harvest Period”), DeRuosi Nut shall have exclusive operational use of the City License Area. Such priority use is subject at all times to City’s retained right of access for emergencies, public safety, law enforcement, inspection, maintenance, utilities, drainage, and other City purposes, provided City shall make commercially reasonable efforts to avoid unreasonably interfering with DeRuosi’s use of the City License Area during the Harvest Period. DeRuosi Nut shall keep all required emergency and utility access clear during such use.
d. Shared Use Period. From November 16 through September 14 of each calendar year during the Term (the “Shared Use Period”), City and DeRuosi Nut may each use the City License Area for their respective authorized uses. Each Party shall coordinate its use and shall not unreasonably interfere with the other Party’s use, access, or activities.
e. No Interference. Each Party shall exercise its rights so as not to unreasonably interfere with the other Party’s property, operations, access, utilities, drainage, or authorized activities.
6. Road Base and Parking Improvements
a. Work. Subject to City’s prior written approval of the proposed limits, grade, drainage, materials, thickness, compaction, access, and schedule, DeRuosi Nut shall level the City License Area and place compacted road base to create a parking surface (the “Work”). Fifty percent (50%) of the Work shall be substantially complete on or before September 15, 2026, and the remaining approximately fifty percent (50%) shall be completed as soon as reasonably practicable after the Harvest Period ends on November 15, 2026, but in no event later than December 31, 2026. DeRuosi Nut shall submit a reasonably detailed work plan to City before commencing the Work. The Work shall be performed at DeRuosi Nut’s sole cost and expense, and City shall have no obligation to pay, reimburse, credit, or otherwise compensate DeRuosi Nut for the Work, except as expressly provided in Section 14(b)(iii).
LICENSE AGREEMENT | 3
b. Performance; Compliance. DeRuosi Nut shall promptly obtain, at its sole cost and expense, all necessary permits and necessary government approvals, at its sole cost, and perform such Work in a good and workmanlike manner, through properly licensed and insured contractors, and in compliance with all applicable laws, permits, utility-location requirements, and City standards. DeRuosi Nut shall protect existing utilities, drainage facilities, trees, roads, and adjacent property and shall promptly repair damage caused by the Work.
c. Meet and Confer. Before DeRuosi Nut commences the Work, City and DeRuosi Nut shall meet and confer, confirm the usable limits of the City License Area in the field, and approve in writing a marked site plan showing the area on which the Work may be performed. Owner and City shall reasonably cooperate to confirm the usable limits of the Owner License Area before City commences use. d. Limitations. DeRuosi Nut shall not install any building, structure, fence, gate, lighting, utility, sign, concrete or asphalt paving, or other vertical or permanent improvement, without City’s prior written approval, and shall not alter drainage patterns or perform work outside the City License Area. e. City Review. Any City review, inspection, approval, or observation is solely for City’s own purposes and does not constitute regulatory approval of the quality, safety, legality, or sufficiency of the Work or relieve DeRuosi Nut of any obligation or liability. f. Ownership of Work. Upon installation, the road base and other City-approved improvements shall become City property and may remain in place following expiration or termination of this Agreement. DeRuosi Nut shall have no obligation to remove the Work or restore the City License Area to its pre-Work condition, but shall remain responsible for repairing damage caused by DeRuosi Nut’s use or Work, whether discovered before or after expiration or termination of this Agreement. DeRuosi Nut shall not be responsible for deterioration or damage caused by City use, City-authorized public use, ordinary wear and tear, weather, casualty, or third parties not under DeRuosi Nut’s control. g. CEQA Compliance. As an activity undertaken, funded or approved by a public agency that may cause either direct physical change or a reasonably foreseeable indirect physical change in the environment, this Work is considered a ‘project’ under the California Environmental Quality Act (CEQA).
The City of Escalon, as the Lead Agency, has determined that a Class 4, Minor Alterations to Land, CEQA Exemption applies to the Work described above.
7. Control; Access; Nature of Rights
a. Retained Control. Each Licensor retains possession, control, and all rights in its License Area not expressly granted by this Agreement. Owner may enter the Owner License Area at all times for inspection, maintenance, emergency response, and protection of Owner’s property provided such access and activities do not unreasonably interfere with the Authorized City Uses. City may enter the City License Area at all times for the purposes stated in Section 5(c) and as otherwise reasonably necessary to protect public property or perform governmental functions, provided such access and activities do not unreasonably interfere with the Authorized DeRuosi Uses.
b. License Only. This Agreement creates licenses only. It does not create a lease, tenancy, easement, franchise, covenant running with the land, or other real property interest. No Licensee has exclusive possession against the applicable Licensor, provided, nothing limits DeRuosi Nut’s exclusive operational and priority use during the Harvest Period. The limited Harvest Period priority in Section 5(c) does not restrict City’s retained access or control.
c. No Recordation. Neither this Agreement nor any memorandum of this Agreement shall be recorded by the Parties.
8. Maintenance; Damage; Restoration
a. City Responsibilities. City shall keep and maintain the Owner License Area reasonably clean during City’s use, remove City-generated trash and property after the end of such use, and repair
LICENSE AGREEMENT | 4
physical damage to the Owner License Area caused by City or City’s authorized users, ordinary wear and tear, casualty or damage not caused by City excepted.
b. DeRuosi Nut Responsibilities. DeRuosi Nut shall keep and maintain the City License Area and the Work in a safe and orderly condition during DeRuosi Nut’s use, including reasonable dust control, drainage protection, pothole repair, and removal of trash, debris, equipment, and materials in connection with the Work or its activities. DeRuosi Nut shall repair damage to the City License Area, adjacent City property, roads, utilities, or drainage facilities caused by DeRuosi Nut or its contractors, employees, agents, or invitees, ordinary wear and tear, casualty or damage excepted. c. Separate Responsibility on City License Area. City is responsible for damage and claims to the extent caused by City’s use of the City License Area. DeRuosi Nut is responsible for damage and claims to the extent caused by DeRuosi Nut’s Work, harvest operations, parking, staging, or other use, including that of its employees, agents, contractors, volunteers or invitees (collectively, the “DeRuosi Nut Parties”), of the City License Area.
d. Self-Help. If either Party fails to perform any maintenance or repair required under this Section, the other Party may, upon thirty (30) days’ prior written notice, perform the required work and recover its reasonable costs from the responsible Party. No thirty (30)-day period shall be required in an emergency or where prompt action is reasonably necessary to protect persons or property, prevent further damage, maintain access, or avoid material interference with the respective property or its use. The responsible Party shall reimburse the other Party such costs within thirty (30) days after receipt of an invoice with reasonable supporting documentation.
9. Compliance With Laws; Permits; Prevailing Wages
a. Compliance. Each Licensee shall comply with all applicable federal, state, and local laws, regulations, permits, orders, and safety requirements relating to its use of the License Areas and activities.
No Party makes any representation that a particular use or activity on the License Areas is suitable for the other Party’s use or permitted without additional governmental approval. b. Prevailing Wages. DeRuosi Nut is solely responsible for determining whether prevailing wage or public works requirements apply to the Work and other activities on the City License Area and, if applicable, for full compliance, including contractor and subcontractor registration, payment of prevailing wages, certified payroll, apprenticeship requirements, notices, and related obligations. DeRuosi Nut shall defend, indemnify, and hold harmless City from claims, penalties, assessments, back wages, liquidated damages, attorneys’ fees, costs, or proceedings arising from DeRuosi Nut’s failure to comply. Nothing in this Agreement is an admission that the Work is or is not a public work. DeRuosi Nut’s obligations under this Section shall survive the earlier termination or expiration of this Agreement. c. No Liens. DeRuosi Nut shall keep the City License Area and City property free of mechanics’ liens, stop notices, and similar claims arising from the Work. DeRuosi Nut shall promptly cause any such claim to be released or bonded around at its sole cost.
10. Insurance
a. City Coverage. During the Term, City shall maintain its customary liability coverage, selfinsurance, or joint powers risk-pool coverage for City’s activities on the Owner License Area and City’s activities on the City License Area. Upon reasonable request, City shall provide Owner evidence of such coverage.
b. DeRuosi Nut Coverage. Before entering the City License Area or commencing the Work, DeRuosi Nut shall maintain and provide City certificates evidencing: (a) commercial general liability insurance with limits of not less than $2,000,000 per occurrence and $3,000,000 aggregate; (b) automobile liability insurance with limits of not less than $1,000,000 combined single limit; (c) workers’ compensation as required by law; and (d) employer’s liability insurance with limits of not less than $1,000,000. City and its officers, officials, employees, agents, and volunteers shall be additional insureds on DeRuosi Nut’s commercial general liability and automobile liability policies for liabilities arising from DeRuosi Nut’s use
LICENSE AGREEMENT | 5
of the City License Area or the Work. Such coverage shall be primary and noncontributory to City coverage and include waiver of subrogation where commercially available. c. Separate Coverage and Liability. City’s coverage applies to City’s activities. DeRuosi Nut’s coverage applies to DeRuosi Nut’s activities and the Work. The existence or amount of insurance does not limit any Party’s obligations or liability under this Agreement.
11. Responsibility and Indemnity
a. City Use of Owner License Area. To the extent permitted by law, City shall defend, indemnify, and hold harmless Owner and its officers, employees, and agents from third-party claims, damages, liabilities, costs, and expenses solely to the extent caused by the negligent or wrongful acts or omissions of City in connection with City’s use of the Owner License Area. b. DeRuosi Nut Use of City License Area. DeRuosi Nut shall defend, indemnify, and hold harmless City and City’s officers, officials, employees, agents, and volunteers from claims, damages, liabilities, penalties, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to DeRuosi Nut’s, or its agents, contractors, employees, invitees, or volunteers use of the City License Area or performance of the Work.
c. Hazardous Materials. Without limiting the foregoing, each Party’s indemnity obligations under this Section include claims, liabilities, damages, remediation and cleanup costs, penalties, fines, attorneys’ fees, and other costs arising from any release, discharge, or disposal of hazardous materials caused by such Party or its employees, agents, contractors, or invitees arising from any release, discharge, or disposal of hazardous materials caused by such Party. d. Limitation. Each Party shall have no obligation to indemnify the other Party for: (i) any claims, losses, or damages arising out of or related to conditions existing prior to the Effective Date except if such condition is exacerbated by such Party or (ii) any claim caused by the negligent or intentional acts of any third party who is not an agent, employee, or subcontractor of the indemnifying party. e. Survival. The obligations in this Section survive expiration or termination of this Agreement.
12. Condition of License Areas; Assumption of Risk Each Licensee acknowledges that it has had the opportunity to inspect the applicable License Area and accepts it in its present “AS IS, WHERE IS” condition, without representation or warranty by the applicable Licensor as to condition, suitability, access, drainage, soil, utilities, or fitness for a particular purpose. Each Licensee assumes the risks inherent in its activities, except to the extent caused by the negligence, willful misconduct, or breach of this Agreement by another Party.
13. Hazardous Materials. No Licensee shall use, release, discharge, store, or dispose of hazardous materials on a License Area, except ordinary quantities of fuel, oil, and similar materials contained within properly maintained vehicles and equipment and used in compliance with law. A Licensee shall immediately notify the applicable Licensor of any spill or release caused by the Licensee and shall promptly investigate, remediate, and restore the affected property at its sole cost in compliance with law. The obligations under this Section shall survive the earlier termination or expiration of this Agreement.
14. Miscellaneous.
a. No Assignment. No Party may assign, transfer, sublicense, or encumber its rights under this Agreement without the prior written consent of all other Parties. Any attempted transfer is void. This Agreement is personal to the Parties and does not bind or benefit successors in title except by a separate written agreement.
LICENSE AGREEMENT | 6
b. Suspension and Termination.
i. If a Licensee breaches this Agreement and fails to cure within five (5) business days after written notice, or, if such breach cannot reasonably be cured within such five (5) business-day period, fails to diligently pursue and complete such cure within thirty (30) days after such notice (or such longer period as the applicable Licensor may consent to in writing), the applicable Licensor may immediately terminate or suspend the license granted. No cure period is required for an emergency, unsafe condition, unlawful activity, unauthorized work, failure to maintain required insurance, or condition that materially threatens persons, property, utilities, drainage, or public operations. Notwithstanding the foregoing, maintenance and repair obligations under Section 8 shall be subject to the notice and self-help provisions of Section 8(d). ii. A Licensor may terminate the license it granted upon thirty (30) days’ written notice if the applicable License Area is reasonably required for the Licensor’s own operations or another material operational necessity. City may act immediately to terminate the license granted on the City License Area when reasonably required for public, health, safety, or emergency response.
iii. If City permanently terminates DeRuosi Nut’s license before expiration of the Term for City’s convenience or operational necessity, and such termination is not otherwise excluded below, City shall reimburse DeRuosi Nut for the then-unamortized portion of the Eligible Improvement Costs. “Eligible Improvement Costs” means DeRuosi Nut’s actual, documented third-party hard costs incurred for the City-approved Work, not to exceed $__________ in the aggregate. Such costs shall be amortized on a straight-line basis over 120 months, commencing upon substantial completion of the Work. Eligible Improvement Costs exclude financing costs, interest, overhead, internal administrative costs, maintenance and repair costs, lost profits, consequential damages, and costs for work not approved by City. No reimbursement shall be due for a temporary suspension, DeRuosi Nut’s or Owner’s breach, DeRuosi Nut’s voluntary termination, or if Owner terminates or restricts City’s use of the Owner License Area. c. Effect. Termination of one license does not automatically terminate the other license unless the terminating notice expressly states that the reciprocal arrangement under this Agreement is terminated in full. Accrued obligations and provisions that by their nature should survive shall remain enforceable. d. Surrender
i. Owner License Area. Upon expiration or termination of City’s license, City shall cease use, remove City’s personal property and debris, and leave the Owner License Area in substantially the condition existing on the Effective Date, ordinary wear and tear, damage, casualty, and conditions not caused by City excepted. If Owner terminates or materially restricts City’s right to use the Owner License Area, DeRuosi Nut’s license to use the City License Area shall automatically terminate, unless City elects otherwise in writing, and no reimbursement under Section 14(b)(iii) shall be due.
ii. City License Area. Upon expiration or termination of DeRuosi Nut’s license, DeRuosi Nut shall cease use and remove all vehicles, equipment, materials, signs, trash, and debris.
The Work may remain in place. DeRuosi Nut shall repair any damage to the City License Area or other City property caused by DeRuosi Nut’s use or Work. e. Possessory Interest Taxes. DeRuosi Nut acknowledges that the license granted by City may create a taxable possessory interest. DeRuosi Nut is solely responsible for any possessory interest tax or assessment levied because of its rights or use under this Agreement. City makes no representation regarding taxability. Owner shall be responsible for any and all property taxes levied or assessed on the Owner License Area.
f. Notices. Notices under this Agreement shall be in writing and delivered personally, by nationally recognized overnight courier, or by certified mail, return receipt requested, to the addresses below, or to another address designated by written notice. Notice is effective upon personal delivery, one
LICENSE AGREEMENT | 7
business day after deposit with an overnight courier, or three business days after deposit in the United States mail.
TO CITY: City of Escalon
2060 McHenry Avenue
Escalon, CA 95320
Attn: City Manager
TO DERUOSI NUT:
TO OWNER:
g. Governmental Authority. Nothing in this Agreement limits City’s police powers, regulatory authority, permitting discretion, public safety authority, statutory immunities, or claimspresentation requirements. City’s execution of this Agreement in its property-owner capacity does not approve any permit or other governmental entitlement.
h. Attorneys’ Fees. In any action or proceeding arising out of or relating to this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs. i. Entire Agreement; Amendment. This Agreement and Exhibit A constitute the entire agreement concerning the reciprocal uses and supersede prior oral or written discussions concerning the same subject. An amendment must be in writing and signed by all Parties. Any extension or replacement agreement remains subject to all required City approvals. j. Waiver. A waiver is effective only if in writing and applies only to the specific matter waived. Delay or failure to enforce a provision is not a waiver. k. Severability. If a provision is held invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law. l. Governing Law; Venue. California law governs this Agreement. Venue for any action shall lie in San Joaquin County, California.
m. Counterparts; Electronic Signatures. This Agreement may be signed in counterparts and by electronic signature. Each counterpart is deemed an original, and all counterparts together constitute one instrument.
n. Authority; Required Approvals. Each signatory represents that the signatory is authorized to execute this Agreement for the applicable Party. City’s obligations are subject to all approvals required by applicable law and City policies, including the approval of City Council at a publicly agendized meeting.
o. Interpretation. The Parties have had the opportunity to review this Agreement with counsel. No presumption shall arise against a Party because that Party or its counsel drafted this Agreement.
Headings are for convenience only.
[Signatures on following page]
LICENSE AGREEMENT | 8
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF ESCALON
By: ________________________________
Name: ______________________________
Title: _______________________________
ATTEST:
By: ________________________________
Deputy City Clerk
APPROVED AS TO FORM:
By: ________________________________
City Attorney
DERUOSI NUT:
DERUOSI GROUP LLC, a California limited
liability company dba DeRuosi Nut
By: ________________________________
Name: ______________________________
Title: _______________________________
OWNER:
MICHAEL A. DERUOSI FAMILY, L.P, a
California limited partnership
By: ________________________________
Name: ______________________________
Title: _______________________________
LICENSE AGREEMENT | 9
EXHIBIT A
A = Owner License Area for City use. B = City License Area for DeRuosi Nut use. Boundaries are approximate and subject to the written field confirmation/site plan requirements in Section 1(b).
ITEM NO. 7
COUNCIL AGENDA ITEM
FOR SEPTEMBER 8, 2026
Prepared By: Trevin W. Barber, Development & Community Services Manager Prepared Date: August 26, 2026
Subject: Proposed 2027 Gilton Solid Waste Management Rate Increase, and Proposition 218 Ballot Initiation
Recommendation:
Accept the Gilton Monthly Refuse Rates for calendar year 2027 as prepared and distributed by Gilton Solid Waste Management (“Gilton”), and direct staff to proceed with Proposition 218 Balloting.
Strategic Plan Priority:
This item is not directly applicable to a Strategic Priority of the adopted Escalon 2025-2026 Strategic Plan.
Background:
Per the City of Escalon Solid Waste Franchise Agreement, garbage service rates can be adjusted annually by Gilton based on the local consumer price index (CPI). Any increased costs are typically passed directly onto residents’ bi-monthly bills. The City adopted the latest franchise agreement with Gilton in 2022, which was accompanied by a Proposition 218 process that covered the first four-year period of the agreement, up to and including the 2026 rates.
Discussion:
The CPI‑U for April 2026 reflects a 3.8% year‑over‑year increase for the San Francisco–Oakland– Hayward region (see the Table on Page 2). Under the City’s franchise agreement with Gilton, annual rate adjustments can be made at CPI or 2.5%, whichever is lower. Since the CPI rate is higher than
2.5%, the solid waste rates are proposed to increase 2.5% effective January 1, 2027. Any rate increase beyond 2027 requires approval through a Proposition 218 majority‑protest proceeding. [Space Intentionally Left Blank—Chart Continues on Next Page]
Figure 1: Consumer Price Indexes Pacific Cities and US City Average April 2026 The franchise agreement was originally executed as a five‑year term with automatic one‑year extensions. Either party may terminate the agreement, but only with a four‑year advance notice. The previous 218 vote only covered the first five years of the agreement to align with the termination window. City staff recommend conducting a Proposition 218 vote that includes next year’s rate adjustment as well as subsequent years, ensuring rate authority is established regardless of the required termination notice window.
Following Council acceptance of the proposed 2027 Gilton rate schedule, and initiating the Proposition 218 balloting, the City will hold a Public Hearing to complete the required majority‑protest proceeding. If approved, subsequently the City Council will update the rates via Ordinance. After the 45‑day notice period concludes, the City Council will hold the Proposition 218 public hearing, currently slated for November 16, 2026, at which written protests will be received and the presence or absence of a majority protest will be determined. If the Council finds that a majority protest does not exist, the Council may introduce the ordinance updating the solid waste fee schedule at the same meeting.
Once the ordinance is introduced, staff will publish the required public hearing notice in the Escalon Times at least ten days prior to the second reading. The second reading and adoption of the ordinance is scheduled for December 7, 2026. Upon adoption, the ordinance will become effective thirty days later, consistent with Government Code requirements. This sequence ensures full compliance with Proposition 218, the franchise agreement, and the City’s municipal code requirements.
Fiscal Impact:
The action before the Council is to proceed with balloting to satisfy the Proposition 218 requirement.
The current Franchise Agreement requires that Gilton reimburse the City for all Proposition 218 processing costs, and therefore the impact to the General Fund is neutral.
If the City Council elects not to pass the increase through to ratepayers, the City would be responsible for absorbing the difference between the current monthly refuse rate and the 2027 adjusted rate. Based on the 2.5% CPI-capped adjustment, this would result in a General Fund obligation equal to the annualized value of the foregone increase for all residential and commercial accounts citywide less franchise fees, which would be approximately $24,398.49 for 2027. The accompanying rate table provides a comparison of the current rates, the 2.5% adjusted rates, and the projected future rates, illustrating the fiscal exposure should the City choose not to implement the increase.
In addition to the pass‑through cost considerations, the City receives a franchise fee based on gross solid waste revenues collected by Gilton. Because the franchise fee is directly proportional to the total amount billed, the proposed rate increase results in a positive fiscal impact to the City. Based on Gilton’s projected 2027 revenue of $1,111,486.67, the 2.5% rate adjustment is expected to generate an additional $27,109.43 in gross revenue, of which $2,710.94 represents increased annual franchise fee revenue to the City. The remaining $24,398.49 reflects Gilton’s portion of the increased revenue. This positive impact is in addition to the neutral General Fund effect associated with the pass‑through structure.
Figure 2: Estimate Gross Revenue and Franchise Fee Forecast Category Current (2026) 2027 After 2.5% Adjustment Change Gross Solid Waste Revenue $1,084,377.24 $1,111,486.67 +$27,109.43 City Franchise Fee (10%) $ (108,437.72 ) $ (111,148.66) +$2,710.94 Gilton Revenue Pass-Through $975,939.52 $1,000,338.01 +$24,398.49 Attachments:
1. Draft 218 Notice of Public Hearing on Solid Waste Fee Increase and Rate Tables
2. Franchise Agreement
Attachment A — Draft Mailed Prop 218 Notice to Property Owners
NOTICE OF PUBLIC HEARING
ON
PROPOSED SOLID WASTE RATE ADJUSTMENTS
CITY OF ESCALON
PROPOSITION 218 NOTICE TO PROPERTY OWNERS
NOTICE IS HEREBY GIVEN that the Escalon City Council will conduct a public hearing on November 16, 2026, to consider proposed adjustments to solid waste service fees. The proposed fees are attached to this notice.
Reason for Proposed Rate Adjustments
The City provides solid waste collection and disposal services through an exclusive franchise agreement with Gilton Solid Waste Management. Under the agreement, annual rate adjustments are tied to the CPI-U for the San Francisco–Oakland–Hayward region, but capped at 2.5% per year. The April 2026 CPI-U increased 3.8% over the prior year. Because the franchise agreement limits annual increases to 2.5%, Gilton proposes a 2.5% rate adjustment effective January 1, 2027. Rates for future years will be adjusted based on the lesser of the CPI methodology prescribed in the agreement or the cap. The previous rate increase authority expires at the end of 2026. Rates in 2027 and beyond require approval through a Proposition 218 majority-protest proceeding. The franchise agreement includes a five-year term with automatic one-year extensions. Either party may terminate the agreement with a four-year advance notice. The City proposes adopting rates for 2027 and subsequent years to align rate authority with the franchise agreement.
Proposition 218 Procedures
If a majority of the affected property owners in Escalon do not submit written protests against the proposed fees, the City Council may impose the proposed fees.
Written protests may be mailed or hand-delivered to the City Clerk’s office in City Hall, located at 2060 McHenry Avenue, Escalon, CA 95320, and must be received by the City Clerk no later than 5:00 p.m. on November 16, 2026. Alternatively, written protests may be submitted at the public hearing, provided they are submitted prior to the close of the public hearing. For a written protest to be valid, it must include the name of the person protesting, the address of the property for which the protest is submitted, and the signature of the person protesting. Protests submitted electronically will not be counted.
All individuals wishing to comment on the increased fees are invited to attend the public hearing at the following time and location:
DATE: November 16, 2026
TIME: 7:00 p.m.
LOCATION: Escalon City Hall
2060 McHenry Avenue
Attachment 1
Escalon, CA 95320
The City provides solid waste collection and disposal service through an exclusive franchise agreement with Gilton Solid Waste Management. The City is proposing to pass through to property owners Gilton’s rates established pursuant to the franchise agreement.
Solid waste service fees are generally dependent based on the size and type of the container serving the parcel, and the frequency of collection, all as more particularly described below.
Basic Cart Service 2027
60 Gallon - MSW Cart Rate $ 18.22
90 Gallon - MSW Cart Rate $ 22.37
90 Gallon - Organics (Green Wastes & Paper Products) $ 15.99 Additonal Cart (Any Type) $ 10.57
Senior or
Disabled 2027
60 Gallon - MSW Cart Rate ** $ 15.15
* 2.5% CPI increase
** Standard Rate - Less $3.00
Senior Rate for the 90 Gallon can will no longer be offered.
These fees include:
1. Company provided automated cart for the weekly collection
2. Company provided automated cart for the weekly collection
3. CRT voucher program - Two (2) CRTs per customer per year
4. Curbside collection of bulky items - Two (2) appointments pe
5. Curbside collection of E-Waste - Four (4) appointments per c
6. Compost Procurement
7. Contamination Monitoring, Route Reviews & Waste Audits
8. Outreach & Education
RATES
RATES
Monthly Refuse Service Rates
Automated Carts
Proposed Effective each January billing statement
CURRENT NEW
Basic Cart Service 2026 2027 2028 2029 2030 2031
60 Gallon - MSW Cart Rate $ 17.78 $ 18.22 $ 18.68 $ 19.15 $ 19.63 $ 20.12 90 Gallon - MSW Cart Rate $ 21.82 $ 22.37 $ 22.92 $ 23.50 $ 24.09 $ 24.69 90 Gallon - Organics (Green Wastes & Paper Products) $ 15.60 $ 15.99 $ 16.39 $ 16.80 $ 17.22 $ 17.65 Additonal Cart (Any Type) $ 10.31 $ 10.57 $ 10.83 $ 11.10 $ 11.38 $ 11.66 Senior or
Disabled 2026 2027 2028 2029 2030 2031
60 Gallon - MSW Cart Rate * $ 14.78 $ 15.15 $ 15.53 $ 15.92 $ 16.31 $ 16.72 90 Gallon - Organics (Green Wastes & Paper Products) $ 15.60 $ 15.99 $ 16.39 $ 16.80 $ 17.22 $ 17.65 Additonal Cart (Any Type) $ 10.31 $ 10.57 $ 10.83 $ 11.10 $ 11.38 $ 11.66
2.5% CPI increase
* Standard Rate - Less $3.00
Senior Rate for the 90 Gallon can will no longer be offered.
These fees include:
1. Company provided automated cart for the weekly collection of MSW
2. Company provided automated cart for the weekly collection of Organic Wastes
3. CRT voucher program - Two (2) CRTs per customer per year
4. Curbside collection of bulky items - Two (2) appointments per customer per year
5. Curbside collection of E-Waste - Four (4) appointments per customer per year
6. Compost Procurement
7. Contamination Monitoring, Route Reviews & Waste Audits
8. Outreach & Education
RATES
City of Escalon
Monthly Refuse Service Rates
Automated Carts
Proposed Effective each January billing statement
RATES WITH MAX INCREASE
Service Rate Notes
Extra Dump on Cart $ 20.96
Go Back on Cart $ 16.77
Extra Dump on Bin $ 50.32
Go Back on Bin $ 61.50
Lock Installation $ 72.68 Lock Bar or Self-locking Bin
$ 33.55 Master Lock
$ 39.13 Disc Lock
$ 44.73 Bolt Lock
$ 128.51 Hockey Puck Lock
Bin Paint/Wash $ 95.05
4 YD/ 5 Day Bin $ 106.22 For 7 Days
$ 72.68 Extra Dump
$ 78.27 Each Additional Week (includes a dump)
E-Waste Appoinments: Calls go to Customer Service
*2.5%CPI Increase
City of Escalon
Additional Charges
Proposed Effective January 1, 2027 billing statement
Collection
Size of Bin Frequency
(Cubic Yards) (Per Week) Current New
2 1 $ 131.63 $ 134.92
2 2 $ 249.17 $ 255.40
2 3 $ 354.22 $ 363.08
3 1 $ 187.73 $ 192.42
3 2 $ 352.45 $ 361.26
3 3 $ 509.97 $ 522.72
4 1 $ 237.18 $ 243.11
4 2 $ 450.76 $ 462.03
4 3 $ 646.28 $ 662.44
6 1 $ 336.73 $ 345.15
6 2 $ 642.99 $ 659.06
6 3 $ 942.11 $ 965.66
*2.5%CPI Increase
City of Escalon
Monthly Refuse Service Rates
Front Loader Bins
Proposed Effective January 1, 2027 billing statement
Rates
Basic Cart
Service Current New* $ %
60 Gallon - MSW Cart Rate $ 17.78 $ 18.22 $ 0.44 2.5%
90 Gallon - MSW Cart Rate $ 21.82 $ 22.37 $ 0.55 2.5%
90 Gallon - Organics (Green Wastes & Paper Products) $ 15.60 $ 15.99 $ 0.39 2.5% Additonal Cart (Any Type) $ 10.31 $ 10.57 $ 0.26 2.5%
Senior or
Disabled Current New* $ %
60 Gallon - MSW Cart Rate** $ 14.78 $ 15.15 $ 0.37 2.5% 90 Gallon - Organics (Green Wastes & Paper Products) $ 15.60 $ 15.99 $ 0.39 2.5% Additonal Cart (Any Type) $ 10.31 $ 10.57 $ 0.26 2.5%
* 2.5% CPI increase
RATES Increase
RATES
Proposed Effective January 1, 2027 billing statement
City of Escalon
Monthly Refuse Service Rates
Automated Carts
Increase
Attachment 2
ITEM NO. 8
COUNCIL AGENDA ITEM
FOR SEPTEMBER 7, 2026
Prepared By: Trevin W. Barber, Development and Community Services Manager Prepared Date: August 26, 2026
Subject: Consider Approving the Recreation Coordinator Job Description, Confirming the Classification and Compensation Plan to re-add the Recreation Coordinator Position, and Affirming the Salary Range
Recommendation:
Adopt Resolution xx‑26, approving the Recreation Coordinator job description, confirming the Classification and Compensation Plan to re‑introduce the Recreation Coordinator position into the City’s salary schedule, and affirming the proposed salary range.
Strategic Plan Priority:
This item is not directly applicable to a Strategic Priority of the adopted Escalon 2025-2026 Strategic Plan.
Background:
City staff, in its continued efforts to review, adjust, right‑size, and correct various policies, personnel issues, processes, and procedures across the organization, desires to reinstate the Recreation Coordinator position.
The Recreation Coordinator classification previously existed as a long‑standing position and is referenced in the Escalon Municipal Code. However, after the former Recreation Coordinator left the City in 2022, the position was eventually eliminated after not being directly filled. The role and function of recreation duties was handled by committee with existing staff at City Hall, and has changed hands between the period of 2022 and 2024. In 2024, new administration shifted the role back to a single individual under a designated and single position.
Given the significant advancements, modernization, and professionalism brought to the Recreation Division—including improved program quality, expanded youth and adult offerings, strengthened coach development, enhanced customer service, and increased community engagement—City staff recommends formally restoring the Recreation Coordinator position to the salary schedule as a regular, budgeted classification, and promoting the individual that handles these duties.
Discussion:
The job description proposed for adoption is based on the previously approved Recreation Coordinator
description (Attachment 2), which outlines duties related to planning, organizing, coordinating, and implementing recreation programs; interpreting policies; managing schedules; supporting fee collection and reporting; training staff and volunteers; and providing information to City staff, the Recreation Commission, and the public. This position is structurally similar to other multi‑step classifications such as City Clerk, Maintenance Worker III, and Accounting Technician I/II, providing the City with flexibility to hire and advance employees based on skill level, performance, and organizational need.
Fiscal Impact:
Reestablishing the Recreation Coordinator position, and the associated salary increase, will not exceed the adopted FY 26-27 budget, and therefore, will not have a direct negative impact on the General Fund.
Attachments:
1. Resolution xx-26
2. DRAFT Recreation Coordinator Job Description
3. Classification and Compensation Plan
Attachment 1
RESOLUTION NO. XX-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ESCALON
APPROVING THE JOB DESCRIPTION FOR A RECREATION COORDINATOR
POSITION AND CONFIRMING THE CLASSIFICATION AND COMPENSATION
PLAN TO ADD A RECREATION COORDINATOR POSITION AND AFFIRMING THE
SALARY RANGE
WHEREAS, City staff, in its continued efforts to review, adjust, right-size and correct various policies, personnel issues, processes and procedures across the organization desires to reinstate the Recreation Coordinator position; and
WHEREAS, the Recreation Coordinator classification previously existed as a long‑standing position, however, after the former Recreation Coordinator left the City in 2022, the position was eventually eliminated after not being directly filled. The role and function of recreation duties was handled by committee with existing staff at City Hall, and has changed hands between the period of 2022 and 2024. In 2024, new administration shifted the role back to a single individual under a designated and single position; and
WHEREAS, this item is to follow up on the process started in the current budget to establish the Recreation Coordinator as a multi-step Class as approved for the Maintenance Workers (I, II, and III), Accounting Technician (I and II), Police Officer (I and II), and Recreation Assistant (I and II) positions; and
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ESCALON, AS FOLLOWS:
1. The City Council approves the Draft Recreation Coordinator Description, and
2. The City Council confirms the addition of the Recreation Coordinator position as outlined in the adopted Classification and Compensation Plan and affirms the salary range.
PASSED, APPROVED AND ADOPTED this __ day of 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: __________________________
ANDREW HAGAN, Mayor
ATTEST:
______________________________________
DIANA TREJO, Deputy City Clerk
City of Escalon
RECREATION COORDINATOR I / II
DEFINITION
Under the general direction of the Development and Community Services Manager, this position assists in planning, developing, and implementing policies, activities, and operations related to recreation for youth and adults.
This position requires expertise in recreational activities commonly associated with City recreation programs.
The Recreation Coordinator assists in organizing and implementing viable recreation programs. The role requires applying and interpreting facts, procedures, and policies. The incumbent shall meet regularly with City staff, the City Recreation Commission, Escalon Unified School District representatives, and other Recreation staff, paid and volunteer, to communicate information on the planning and implementation of programs. The Recreation Coordinator must also provide oral and written information to City staff, the Recreation Commission, and the public.
EXAMPLES OF DUTIES
Duties may include, but are not limited to:
Assistance with planning, organizing, and implementing recreational programs for youth and adults. Interpreting and applying City and School District policies, procedures, rules, and regulations pertaining to recreation programs.
Planning, organizing, and coordinating recreation program schedules and special activities in accordance with City policies, regulations, and guidelines. Reviewing and monitoring the collection of fees for participation, fundraising activities, and program expenditures, while following specific City policies by which funds are accounted and controlled.
Reviewing, monitoring, and auditing the publications and materials prepared for distribution regarding recreation program information and activity announcements. Responding to complaints and requests for information. Recruiting, training, and monitoring paid and volunteer assistants when applicable. Assisting in the preparation of budgets and reports when applicable. Attending Recreation Commission meetings.
Reporting to City staff and the Recreation Commission. Establishing procedures for scheduling the use of Escalon facilities.
QUALIFICATIONS
Knowledge of:
Modern methods, techniques, principles, and procedures in the development and administration of recreation and service programs.
Recreational and social needs of various age groups.
Principles and procedures for implementing and directing recreational activities and programs through community participation.
Attachment 2
Ability to:
Plan, organize, coordinate, and direct the development and implementation of recreational programs for youth and adults.
Demonstrate time and project management skills.
Understand and carry out oral and written directions with minimal oversight. Communicate effectively in oral and written forms.
Establish and maintain effective relationships with organizations, communities, and the public. Monitor and train paid and volunteer staff.
EDUCATION AND EXPERIENCE
Any combination of training and experience that is likely to provide the required knowledge and abilities would be acceptable for employment. A typical background would include:
Education:
A bachelor’s degree from an accredited college or university with major emphasis in recreation or a related field is desirable.
Experience:
A minimum of two years of experience in a variety of recreational, educational, athletic, or specialized recreational programs.
SPECIAL REQUIREMENTS
Possession of a valid California Driver’s License issued by the California Department of Motor Vehicles. Possession of valid automobile insurance.
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodation may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is frequently required to sit and talk, hear or walk; stoop, bend, lift and/or move up to 50 pounds; use hands and fingers to handle or feel objects, tools or controls; reach with hands and arms. Specific vision abilities required by this job include close-up and faraway vision and the ability to adjust focus. Specific mobility requirements for this job include traversing uneven, open ground such as in a park or outdoor setting.
3% GSU MMU ~ 5% EPOA 3 3% GSU & MMU 5 5% EPOA
City of Escalon Salary Schedule
Effective 7/1/2026 2,080 Yearly Hours Salary
Position Title Unit Level Annual A Hourly A Annual B Hourly B Annual C Hourly C Annual D Hourly D Annual E Hourly E Accountant GSU 197.0 84,492$ 40.62 88,717$ 42.65 93,153$ 44.79 97,811$ 47.02 102,702$ 49.38 Accounting Technician I GSU 159.5 58,124$ 27.94 61,030$ 29.34 64,082$ 30.81 67,286$ 32.35 70,650$ 33.97 Accounting Technician II GSU 173.5 66,836$ 32.13 70,178$ 33.74 73,687$ 35.43 77,371$ 37.20 81,240$ 39.06 Administrative Assistant GSU 163.0 60,189$ 28.94 63,198$ 30.38 66,358$ 31.90 69,676$ 33.50 73,160$ 35.17 Assistant Planner GSU 197.5 84,914$ 40.82 89,160$ 42.87 93,618$ 45.01 98,299$ 47.26 103,214$ 49.62 Water System Operator GSU 170.5 64,865$ 31.19 68,108$ 32.74 71,513$ 34.38 75,089$ 36.10 78,843$ 37.91 City Manager Contract 166,806$ 80.20
City Council / Mayor PT Fixed 3,600$ 3,600$ 3,600$ 3,600$ 3,600$ Community Service Officer GSU 151.0 53,400$ 25.67 56,070$ 26.96 58,874$ 28.30 61,818$ 29.72 64,909$ 31.21 Development/Community Services Manager MMU 231.0 118,608$ 57.02 124,538$ 59.87 130,765$ 62.87 137,303$ 66.01 144,168$ 69.31 Finance Director/HR Administrator MMU 235.0 123,436$ 59.34 129,608$ 62.31 136,088$ 65.43 142,892$ 68.70 150,037$ 72.13 Maintenance Service Crew Leader GSU 170.5 64,865$ 31.19 68,108$ 32.74 71,513$ 34.38 75,089$ 36.10 78,843$ 37.91 Maintenance Worker I GSU 143.0 49,304$ 23.70 51,769$ 24.89 54,357$ 26.13 57,075$ 27.44 59,929$ 28.81 Maintenance Worker II GSU 153.5 54,748$ 26.32 57,485$ 27.64 60,359$ 29.02 63,377$ 30.47 66,546$ 31.99 Maintenance Worker III GSU 164.0 60,792$ 29.23 63,832$ 30.69 67,024$ 32.22 70,375$ 33.83 73,894$ 35.53 Office Assistant GSU 155.0 55,573$ 26.72 58,352$ 28.05 61,270$ 29.46 64,334$ 30.93 67,551$ 32.48 Police Chief Contract 145,444$ 69.93
Police Officer EPOA 181.5 72,389$ 34.80 76,008$ 36.54 79,808$ 38.37 83,798$ 40.29 87,988$ 42.30 Police Officer II EPOA 191.5 79,982$ 38.45 83,981$ 40.38 88,180$ 42.39 92,589$ 44.51 97,218$ 46.74 Police Sergeant EPOA 201.5 88,371$ 42.49 92,790$ 44.61 97,430$ 46.84 102,302$ 49.18 107,417$ 51.64 Police Services Manager MMU 181.0 72,029$ 34.63 75,630$ 36.36 79,412$ 38.18 83,383$ 40.09 87,552$ 42.09 Police Reserve Officer PT 171.5 31.50 31.50 31.50 31.50 31.50 Public Works Superintendent/Manager MMU 225.0 111,718$ 53.71 117,304$ 56.40 123,169$ 59.22 129,327$ 62.18 135,793$ 65.29 Recreation Coordinator GSU 163.0 60,189$ 28.94 63,198$ 30.38 66,358$ 31.90 69,676$ 33.50 73,160$ 35.17 Recreation Assistant I PT 116.5 37,853$ 18.20 39,746$ 19.11 41,733$ 20.06 43,820$ 21.07 46,011$ 22.12 Recreation Assistant II PT 128.0 42,453$ 20.41 44,576$ 21.43 46,805$ 22.50 49,145$ 23.63 51,602$ 24.81 Transit Coordinator PT Fixed 13,498$ 56.24 14,038$ 58.49 14,599$ 60.83 15,183$ 63.26 15,791$ 65.79 7% 5,698
Positions Under Contract
Position Title Unit
City Manager Contract -
Police Chief Contract 145,444
Transit Coordinator PT 13,498
Step E
Annual Salary
Step A Step B Step C Step D
8/5/2026
[email protected]
SALARY SCHEDULE 2025.xlsx
26-27 schedule 3% PD 5%
Attachment 3
82108.00000\45388256.1
ITEM NO. 9
COUNCIL AGENDA ITEM
FOR SEPTEMBER 8, 2026
Prepared By: Frank Splendorio, City Attorney
Date: August 24, 2026
Subject: Consider Approving the Second Amendment to the City Manager’s Employment Agreement and Approving Update to City Salary Schedule Recommendation:
Approve the attached Second Amendment to the City Manager Employment Agreement, and approve a revised City Salary Schedule.
Background Information:
In recognition of another excellent annual performance review, it is recommended to extend the City Manager’s Employment Agreement term a further two-years to November 3, 2032, to adjust the salary by 4%, to extend severance pay to eight months, increase termination date from 120 days to 150 days after election.
Since the City Manager’s salary is set at the contract amount in the approved salary schedule, an adjustment to the City Manager’s employment agreement requires approval of an updated City Salary Schedule.
Fiscal Impact:
The costs associated with the Second Amendment are within the Council-approved budget for the City Manager position, and is consistent with salary increases provided to the rest of the City employees.
Attachments:
1. Signed Original Employment Agreement
2. Signed First Amendment to Employment Agreement
3. Draft Second Amendment to Employment Agreement
4. City of Escalon Salary Schedule, revised as of September 8, 2026
Attachment 1
Attachment 2
82108.00000\45385997.1
CITY OF ESCALON
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT AS CITY MANAGER This Second Amendment to Employment Agreement ("Second Amendment") is made and entered into by and between the City of Escalon (the "City"), a California municipal corporation, and Jaylen French ("Employee") an individual, both of whom agree as follows:
RECITALS
WHEREAS, the City and Employee entered into an employment agreement ("Original Agreement") on October 8, 2024, to employ and appoint Employee as City Manager; and WHEREAS, the City and Employee entered into a First Amendment to the Original Agreement on November 19, 2025, to amend various contract provisions; and WHEREAS, the City and Employee desire to execute this Second Amendment to the Original Agreement to amend Section 4.1 to extend the term of employment to November 3, 2032 and make other various adjustments and amendments, including a change to base salary; and
WHEREAS, no other changes or modifications are requested and the Original Agreement, as previously amended, shall otherwise remain in full force and legal effect.
1. Section 4.1 of the Original Agreement is deleted in its entirety and replaced as follows:
“Manager's employment will commence effective October 8, 2024 ("Effective Date") and shall continue in effect until November 3, 2032, or the date of earlier termination in accordance with provisions of this Agreement.”
2. Section 6.2 of the Original Agreement is deleted in its entirety and replaced as follows:
“In the event that Manager is terminated or asked to resign without cause, as determined by the City Council, and upon execution by Manager of a full and complete release of any and all claims, as detailed in a Release Agreement provided by the City, City agrees to provide Manager with severance pay in a lump sum benefit equal to eight (8) months base salary (or for the remaining term of this Agreement, whichever is less), and reimburse Manager for the monthly COBRA premium for continued health benefits under the benefit plans in which Manager and his dependents are then enrolled for not greater than eight (8) months (or for the remaining term of this Agreement, whichever is less) (the cash payment and continuing benefits, collectively "Severance").
3. Section 6.5 of the Original Agreement is deleted in its entirety and replaced as follows:
“In no event may Manager be terminated within 150 days after any municipal election for the selection or recall of one or more of the members of the City Council.”
4. Section 7.1 of the Original Agreement is deleted in its entirety and replaced as follows:
Attachment 3
82108.00000\45385997.1
“Manager will be compensated for his services as of the date of execution of this Agreement at an annual base salary of $166,806. Said amount shall be payable at the same time and in the same manner as other employees of the City are paid.” Except as otherwise amended by this Second Amendment, the Original Agreement, as previously amended, shall remain in full force and effect and is otherwise not modified, changed, or revised.
IN WITNESS WHEREOF, the City has caused this Second Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Employee has signed and executed this Agreement, on the day and year written below.
This second Amendment is entered into this 8th day of September 2026.
City of Escalon
By:________________________
Andrew Hagan, Mayor
Employee
By:________________________
Jaylen French
Attest:
By:________________________
Sara Swift, Deputy City Clerk
Approved as to Form:
By:________________________
Frank Splendorio, City Attorney
3% GSU MMU ~ 5% EPOA 3 3% GSU & MMU 5 5% EPOA
City of Escalon Salary Schedule
Effective 7/1/2026 2,080 Yearly Hours Salary
Position Title Unit Level Annual A Hourly A Annual B Hourly B Annual C Hourly C Annual D Hourly D Annual E Hourly E Accountant GSU 197.0 84,492$ 40.62 88,717$ 42.65 93,153$ 44.79 97,811$ 47.02 102,702$ 49.38 Accounting Technician I GSU 159.5 58,124$ 27.94 61,030$ 29.34 64,082$ 30.81 67,286$ 32.35 70,650$ 33.97 Accounting Technician II GSU 173.5 66,836$ 32.13 70,178$ 33.74 73,687$ 35.43 77,371$ 37.20 81,240$ 39.06 Administrative Assistant GSU 163.0 60,189$ 28.94 63,198$ 30.38 66,358$ 31.90 69,676$ 33.50 73,160$ 35.17 Assistant Planner GSU 197.5 84,914$ 40.82 89,160$ 42.87 93,618$ 45.01 98,299$ 47.26 103,214$ 49.62 Water System Operator GSU 170.5 64,865$ 31.19 68,108$ 32.74 71,513$ 34.38 75,089$ 36.10 78,843$ 37.91 City Manager Contract 166,806$ 80.20
City Council / Mayor PT Fixed 3,600$ 3,600$ 3,600$ 3,600$ 3,600$ Community Service Officer GSU 151.0 53,400$ 25.67 56,070$ 26.96 58,874$ 28.30 61,818$ 29.72 64,909$ 31.21 Development/Community Services Manager MMU 231.0 118,608$ 57.02 124,538$ 59.87 130,765$ 62.87 137,303$ 66.01 144,168$ 69.31 Finance Director/HR Administrator MMU 235.0 123,436$ 59.34 129,608$ 62.31 136,088$ 65.43 142,892$ 68.70 150,037$ 72.13 Maintenance Service Crew Leader GSU 170.5 64,865$ 31.19 68,108$ 32.74 71,513$ 34.38 75,089$ 36.10 78,843$ 37.91 Maintenance Worker I GSU 143.0 49,304$ 23.70 51,769$ 24.89 54,357$ 26.13 57,075$ 27.44 59,929$ 28.81 Maintenance Worker II GSU 153.5 54,748$ 26.32 57,485$ 27.64 60,359$ 29.02 63,377$ 30.47 66,546$ 31.99 Maintenance Worker III GSU 164.0 60,792$ 29.23 63,832$ 30.69 67,024$ 32.22 70,375$ 33.83 73,894$ 35.53 Office Assistant GSU 155.0 55,573$ 26.72 58,352$ 28.05 61,270$ 29.46 64,334$ 30.93 67,551$ 32.48 Police Chief Contract 145,444$ 69.93
Police Officer EPOA 181.5 72,389$ 34.80 76,008$ 36.54 79,808$ 38.37 83,798$ 40.29 87,988$ 42.30 Police Officer II EPOA 191.5 79,982$ 38.45 83,981$ 40.38 88,180$ 42.39 92,589$ 44.51 97,218$ 46.74 Police Sergeant EPOA 201.5 88,371$ 42.49 92,790$ 44.61 97,430$ 46.84 102,302$ 49.18 107,417$ 51.64 Police Services Manager MMU 181.0 72,029$ 34.63 75,630$ 36.36 79,412$ 38.18 83,383$ 40.09 87,552$ 42.09 Police Reserve Officer PT 171.5 31.50 31.50 31.50 31.50 31.50 Public Works Superintendent/Manager MMU 225.0 111,718$ 53.71 117,304$ 56.40 123,169$ 59.22 129,327$ 62.18 135,793$ 65.29 Recreation Coordinator GSU 163.0 60,189$ 28.94 63,198$ 30.38 66,358$ 31.90 69,676$ 33.50 73,160$ 35.17 Recreation Assistant I PT 116.5 37,853$ 18.20 39,746$ 19.11 41,733$ 20.06 43,820$ 21.07 46,011$ 22.12 Recreation Assistant II PT 128.0 42,453$ 20.41 44,576$ 21.43 46,805$ 22.50 49,145$ 23.63 51,602$ 24.81 Transit Coordinator PT Fixed 13,498$ 56.24 14,038$ 58.49 14,599$ 60.83 15,183$ 63.26 15,791$ 65.79 7% 5,698
Positions Under Contract
Position Title Unit
City Manager Contract -
Police Chief Contract 145,444
Transit Coordinator PT 13,498
Step E
Annual Salary
Step A Step B Step C Step D
8/5/2026
[email protected]
SALARY SCHEDULE 2025.xlsx
26-27 schedule 3% PD 5%
Attachment 4