MINUTES  CITY COUNCIL OF THE CITY OF ESCALON MEETING OF SEPTEMBER 16, 2024 City Council Chambers, 2060 McHenry Avenue -7:00 P.M.  RATED MARCN  Beginning Resolution No. 42-24 Beginning Ordinance No. 597 Beginning Minute Order No. 49-24  PRESENT:  Mayor David Bellinger Mayor Pro Tem Andrew Thomas Hagan Councilmember Jeremy Engle Councilmember Malinda Walker Councilmember Shawn Strohman Diana Trejo, Assistant Planner Robert Hardgraves, Chiefof] Police Frank Splendorio, City Attorney  STAFF PRESENT: Jaylen French, Interim City Manager  Celinda Bickner, Finance Director/HR Administrator (FDHRA) Juston Collins, Public Works upenmtemoent/Manager (PWSM)  CONSENT CALENDAR  These items are consideredi routine in nature and are acted upon by a single action unless requested by an  individual Council. Member or member ofthe public for. special consideration. 1. Approve the Minutes from the Meeting of August 19, 2024  2. Approve the Register of Demands for September 16, 2024 in the amount of $1,357,778.43 3. Adopt Resolution 42-24 Approving and Adopting an Amended Conflict of Interest Code 4. Accept the Crossroads Plaza Sidewalk Repair Project and Authorize the Deputy City Clerk to 5. Adopt Resolution 43-24 Authorizing Submittal of Application and Acceptance of Grant Funding for the Bureau of Reclamation's Watersmart Drought Response Program: Drought Resiliency Projects for Fiscal Year 2025 for the City of Escalon Connection to Nick DeGroot  Pursuant to the Political Reform Actof1974  File the Notice of Completion  Water Treatment Plant Project  MOTION -] It is moved/seconded by STROHMANHAGAN that items 1-5 of the consent calendar  be approved as presented. Motion carried (5-0) MINUTE ORDER 49-24  STAFFCOMMUNICATIONS & UPDATES  6. August Staff Updates    MINUTES Escalon City Council September 16, 2024 Page 2of7  a. Treasurer's Report for August b.F Police Department Report for August C.A Animal Control Report for August d. Recreation Department Report for August e. Development Services Report for August f. Public Works Report for August g. Building Department Report for August h. Water Department Report for August - Waste Water Treatment Plant Report for August j. Quarterly SJCOG Citizens Advisory Committee (CAC) Report k. City Manager's Report (verbal)  FDHRA, Celinda Bickner noted that the register of demands included the full month as thel last City Council meeting was canceled and therefore the prior register of demands was not approved. ChiefofPolice, Robert Hardgraves notified the Council that the police officer recruitment had been extended, and provided an update on Oakdale Animal Shelter's approach with feral cats and PWSM, Juston Collins provided updates on the Carignane Lift Station and Crossroads Plaza  euthanasia. sidewalk project.  Interim City Manager French informed the Council that:  The FY 22-23 Audit would likely be before them for acceptance by October 7th Council The recruitment for the Administrative Assistant position was underway and that we had Thej proposed Constitution training was being discussed with the labor units per the The recently approved Fire 2+2 meetings would start after the new year as both Board and The Baseball/Softbal. concept workshop was held recently and that the next step would be to  meeting.  received strong interest thus far. discussion at the prior Council meeting. Council are in election season.  take the item to the Recreation Commission and then to the City Council.  MATTERS PRESENTED FROM THE AUDIENCE  The public may address the City Council on any item that is on the Agenda at the time the item is called. The public may also address the City Council on any item not on the Agenda that is within the subject matter ofthe City of Escalon. Each speaker is limited to ai maximum off five (5) minutes. Unused time may not be yieldedto another. speaker. You mays state your name and address for the record; however, iti is noti required. Due to. state law, action will not be taken on an item that is not on the Agenda ande except for briefresponses, the Council is prohibited from discussing any item not on the agenda. Ifitl requires action, it will be referred to staff and/or placed on aj future Agenda. The determination ofwhether an item is within the subject matter of the City is a Escalon resident Kurt Danziger inquired about the status of the Murphy Ranch Project.  discretionary decision made by the Mayor.    MINUTES Escalon City Council September 16, 2024 Page 3of7  Interim City Manager French indicated it was staff's desire tol hold a workshop with the community prior to any City decisions have been made and noted that City staffi is coordinating with the applicant ont this approach, who desired tol hold thei meeting aftert they have finalizing their application submittal.  ADMINISTRATIVE MATTERS  7. Introduce the Received Proposals from the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals and Seek Direction on Next  Steps in the Selection Process  Interim City Manager French presented the staff report and introduced John Morriss from Spark Councilmember Engle inquired about the benefits of the T-Mobile option for local businesses, John Morriss explained that all businesses would have access to a wireless option, whichi is particularly helpful for those without wired options, which is common ini rural areas. It would also enable business to increase their speed options and provide competitive options that drive down prices, making the Mayor Bellinger inquired about the $25,000 cost associated with T-Mobile. To which Interim City Mayor Pro' Tem Hagan asked about thes service level difference between T-Mobile and Ayera/EzWave. John Morriss explained that T-Mobile is a competitive and robust Tier 1 option, while Tier 2 options like Ayera/EzWave may offer comparable technology, they may not be as scaled and robust and could Mayor Pro Tem Hagan further questioned the differences between the large and small providers. John Morriss highlighted that while performance: might be similar when the technology runs, Tier 1 options like T-Mobile offer greater redundancy and reliability, with multiple towers and devices to maintain coverage even if one tower goes offline. Tier 2 options not have that level ofr redundancy. Councilmember Engle confirmed that up and down speeds are the same across proposals. Mayor Bellinger sought confirmation that the "City as an ISP" model would utilize an enterprise fund, and that revenue would not go to the General Fund and therefore expressed skepticism about its Mayor Pro Tem Hagan agreed with the Mayor's assessment on the City as an ISP option. As did Councilmember Engle, who believed that due to the upfront cost, this option did not make sense for  Alliance, who assisted in preparing and managing the RFP. wondering ifi it would help expand business options in the City.  internet more affordable.  Manager French stated it was the cost to connect to T-Mobile's system.  coverage and redundancy.  viability as an option due to itsi inability to benefit the City financially.  the city at this time.    MINUTES Escalon City Council September 16, 2024 Page 4 of7  Councilmember Walker pointed out that revenue in an enterprise fund could cover technology costs for city facilities and contribute to covering some costs for the Police Department and Public Works. Interim City Manager French mentioned in determining benefits of the City as an ISP option, some could consider the social benefit of offering low-cost internet to residents as a benefit. Councilmember Walker acknowledged the potential future benefit but did not consider it a current option. She preferred City control over the price structure and independence from corporate control. Mayor Pro Tem Hagan preferred the no-cost option and suggested that City staff furtheri investigation Councilmember Walker sought confirmation that any revenue sharing with EzWave or Ayera would Mayor Bellinger preferred supporting local businesses and inquired about the ability to withdraw if dissatisfied with the service. Councilmember Strohman also asked about the City's ability to end an agreement. Interim City Manager French explained that these were initial proposals and that any agreement would still needed to be negotiated and then approved by Council. The Council, at this meeting, could provide direction on specific terms they desired in a future agreement. Councilmember Strohman inquired about which option would provide the city with the best technology into the future, considering the rapid pace oftechnological change. John Morriss assured that the RFP and the future agreement would require, to the greatest extent possible, each company to maintain its infrastructure and meet specific performance metrics for aj particular class ofs service. Councilmember Strohman askedi ifthe city could consider other national companies besides' T-Mobile. City Attorney Frank Splendorio confirmed they could, but it would necessitate soliciting RFPS from John Morriss mentioned the concept of Community Broadband, in which municipalities and schools Councimember Strohman suggested exploring whether other agencies would be interested in joining Mayor Bellinger inquired about required tower height. John Morriss explained that this varied Councilmember Engle asked ifit would be feasible to eliminate cellular service and rely solely on wirelessi internet, which he sawa as aj potential source ofsavings to the City.John Morriss acknowledged  any potential cost-sharing model with the local providers.  go to the General Fund, not an enterprise fund. This was confirmed.  those companies to obtain quotes and comparisons. cooperate to provide internet access to the community.  such an endeavor.  depending on existing coverage and the technology utilized.  the potential for such a transition.  The item was then opened for public comments.    MINUTES Escalon City Council September 16,2024 Page 5of7  Escalon resident Cody Fowler clarified specifications with the consultant, and highlighted Ayera's advantage ofhaving access to multiple providers. He also shared a negative experience working with EzWave. Mr. Fowler emphasized the need for redundancy and separate networks regardless of the Escalon resident Sherry Hill expressed concerns about T-Mobile's being too large and impersonal, City Attorney Frank Splendorio reviewed the Councilmembers positions and confirmed that the majority direction is to explore the two: no cost/no monthly rate proposals from EzWave and Ayera. 8. Agenda Item Request - City Councilmember: Request to Explore Possibility of Installing Interim City Manager French provided thej presentation, which: included potential location options and Councilmember Walker mentioned a grant used for the Hogan Park bathroom and suggested exploring Mayor Bellinger appreciated the idea, but strongly felt it was not viable at this time due to the City's Councilmember Walker agreed about the funding issue but wanted to continue researching funding options to address overcrowding in recreational areas. She expressed concerns about Shadowood Mayor Pro Tem Hagan supported the idea but acknowledged the funding constraints. He inquired about any concerns from Public Works or the Police Department regarding restrooms. PWSM. Juston Collins and ChiefofPolice Robert Hardgraves indicated no significant issues. Councilmember Strohman suggested exploring funding options beyond the General Fund and inquired about possibly requiring Murphy Ranch to install a bathroom in a different park as part of their City Attorney Frank Splendorio explained the limitations of imposing such requirements on Murphy Interim City Manager French indicated that the project would include al Development Agreement and that the Development Agreement provided more flexibility. He further stated that staff: is currently requesting the installation ofai restroom in the tol be expanded Shadowood Park as part oft thel Murphy  chosen provider.  anticipating worse customer service than a local company.  Restroom in City Park  outline costs to install ai new: restroom at an existing park.  similar funding for this project.  financial position and encouraged the Council to not proceed.  Park's suitability as a recreation option.  development agreement. Ranch due to nexus obligations.  Ranch development, should that project be approved.  Councilmember Strohman suggested exploring non-modular options for the bathroom.    MINUTES Escalon City Council September 16, 2024 Page 60 of7  Councilmember Walker mentioned ongoing efforts to address water fountain issues in other parks to Councimember Engle inquired about the possibility of using portable toilets in other parks to enable Escalon resident Kurt Danziger opposed the restroom due to cost concerns and potential issues with misuse, and maintenance challenges. He suggested not using further staff time for this project. It was the consensus of Council to not move forward on this item at this time, but that staff would  facilitate hosting games at those locations.  hosting games there.  explore outside funding options. COUNCIL COMMUNICATIONS  Councimember Strohman attended the 9/11 Remembrance at the Escalon Fire District, acknowledge what he heard was a successful car show, and congratulated the Lions Club and the American Legion Councilmember Walker thanked the IT Consultant for his work on the wireless internet RFP.  on theirs successful breakfast.  Councilmember Engle hoped for a smooth and clean election season.  Mayor Pro Tem Hagan suggested the idea of dedicating thel B field as Greg Largent Field, and to add this to a future Council agenda. He then commended the Lions Club for the successful car show. Mayor Bellinger appreciated the before-and-after pictures for the sidewalk project and desired to see this be the approach for all future projects. He then acknowledged the success of the breakfast and  Council provided a consensus to add the field dedication item to a future agenda.  the car show. CLOSED: SESSION  9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Gov. Code Sec.  54956.9(d)(1))  David. Leer, et al. VS CityofEscalon, et al.  10. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec. 54957)  Title: City Manager  11. CONFERENCE WITHLABOR NEGOTIATORS (Gov. Code Sec. 54957)  Agency Negotiator: Mayor Bellinger Unrepresented Employee: City Manager Title: Interim City Manager  12. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957)    MINUTES Escalon City Council September 16, 2024 Page 7of7  There was no reportable action. ADJOURMMENT  Mayor Bellinger adjourned the meeting at 10:00 pm.  Jaylen Prelco Ciy Clerk  TT