AGENDA CITY COUNCIL OF THE CITY OF ESCALON MEETING OF JANUARY 6, 2025 ORATED AKENe City Council Chambers, 2060 McHenry Avenue - 7:00 P.M. Additional venue GoToMeeting #1 (408)650-3123. Access Code: 323-691-381 Beginning Resolution No. 50-24 Beginning Ordinance No. 599 Beginning Minute Order No. 01-25 The following alternatives are available to members ofthe public to observe these meetings: WATCH Live stream of the City Council meetings at tps/www.youmupecomresuls/searcn query-citytoftescalon Live stream of the City Council meetings via your computer, tablet, or smartphone at: (Please note, you may be required to download the app to view the meeting) tps/gchaigotometinscom/omA269B51 You can also dial in using your phone United States + 1 (408)650-3123 One Touch el+14086503123.3236913818 Access Code: 323-691-381 In compliance with the Americans with. Disabilities Act (ADA), ifyou need. special assistance toj participate in this meeting, please contact the City Clerk, 209-691-7400 or email dhncter@dnofascadonorg Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Q8CFRISI0,3SJ0ADA Title II) CALL TO ORDER Mayor Andrew Hagan PLEDGE OFALLEGIANCE Mayor Andrew Hagan ROLLCALL Mayor Andrew Hagan Mayor Pro Tem Malinda Walker Councilmember Jeremy Engle Councilmember Shawn Strohman Councilmember Jeff Kay NOTE: All cell phones, pagers and similar devices need to be set on silent or vibrate mode or turned off unless you are an on-duty emergency responder. PRESENTATIONS None CONSENT CALENDAR These items are considered. routine in nature and are acted upon by a single action unless requested by an individual Council Member or member ofthe public for. special consideration. 1. Approve the Minutes from the Meeting of December 16, 2024 2. Waive the Second Reading and Consider Adoption of Ordinance No. XXX, Amending Chapter 2.17i in Title 2 ofthe Escalon Municipal Code - Recreation Commission 3. Waive the Second Reading and Consider Adoption of Ordinance No. XXX Amending Escalon Municipal Code Chapter 17.41.140 Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in California State Law; and Finding the Action to be Statutorily Exempt from CEQA under Section 21080.17 of the Public Resources Code STAFF COMMUNICATIONS & UPDATES None MATTERS PRESENTED FROM THE AUDIENCE The public may address the City Council on any item that is on the Agenda at the time the item is called. The public may also address the City Council on any item not on the Agenda that is within the subject matter of the Cily of Escalon. Each speaker is limited to a maximum of five (5) minutes. Unused time may not be yielded to another speaker. You may state your name and address for the record; however, it is not required. Due to state law, action will not be taken on an item that is not on the Agenda and except for briefresponses, the Council is prohibited from discussing any item not on the agenda. Ifit requires action, it will be referred to. staff andlor placed on aj future Agenda. The determination ofwhether an item is within the subject matter of the City is ac discretionary decision made by the Mayor. PUBLIC, HEARINGS None ADMINISTRATIVE MATTERS 4. Consideration of Agreement with Ayera Technologies, Inc, for the Installation and Managed 5. Consider Approving the Appointment of Councilmembers to thel Established City ofl Escalon Operations of Wireless Networking Internet Services Backbone Service Council Committees and/or Commissions COUNCIL COMMUNICATIONS CLOSED SESSION None ADJOURNMENT LEVINEA ACTPUBLICI PARTYAPPLICANTDISCLOSURE OBLIGATIONS: Applicants, parties, and their agents who have made campaign contributions totaling more than $250 (aggregated) to a Councilmember over the past 12 months, must publicly disclose that fact for the official record of that agenda item. Disclosures must include the amount of the campaign contribution aggregated, and the name(s) of the campaign contributor(s) and Councimember(s. The disclosure may be made either in writing to the City Clerk prior to the agenda item consideration, or by verbal disclosure at the time ofthe The foregoing statements do not constitute legal advice, nor a recitation of all legal requirements and obligations ofi partieslapplicants and their agents. Parties and agents are urged to consult with their own agenda item consideration. legal counsel regarding the requirements ofthe law. SB343NOTICE In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the ofice of the City Clerk at City Hall during normal business hours at 2060 McHenry Avenue. K however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this Agenda. DECLARATIONOF POSTING Michele Bates, Deputy City Clerk, certify under penalty of perjury, under the State of California, that the Escalon City Council Agenda for the Meeting ofJanuary 6, 2025 was, posted 72 hours prior to the meeting in accordance with the Ralph M. Brown Act, in the area designated below on Thursday, January. 2, 2025. Escalon City Hall 2060. McHenry Avenue Escalon, CA 95320 City of Escalon Website ww.choescdonorg hihlupnks Michele Bates, Deputy City Clerk Dated: Thursday, January 2, 2025 CALON ITEM NO. 1 Bo RATED Prepared By: Date: Subject: COUNCIL AGENDA ITEM FOR DECEMBER 16, 2024 Michele Bates, Deputy City Clerk January 6, 2025 Review and Approve the Minutes Recommendation: Approve the Minutes from the Meeting of December 16, 2024 MINUTES CITY COUNCIL AIOR OF THE CITY OF ESCALON MEETING OF DECEMBER 16, 2024 City Council Chambers, 2060 McHenry Avenue- -7:00 P.M. ATED MARCH Beginning Resolution No. 50-24 Beginning Ordinance No. 598 Beginning Minute Order No. 69-24 CALLTO ORDER Mayor Hagan at 7:00 p.m. A. Flag Salute B. Roll Call Mayor Andrew Hagan Mayor Pro Tem Malinda Walker Councilmember Jeremey Engle Councilmember Shawn Strohman Councilmember Jeff Kay PRESENT: STAFF PRESENT: Jaylen French, City Manager Celinda Bickner, Finance Director/HR Administrator Juston Collins, Public Works Superintendent Robert Hardgraves, Chiefof] Police Frank Splendorio, Attorney Michele Bates, Deputy City Clerk CONSENT CALENDAR These items are considered: routine in nature and are acted upon by as single action unless requested by an individual Council. Member or member ofthe public for. special consideration. 1. Approve the Minutes from the Special Meeting of] December 9, 2024 2. Approve the Register ofl Demands for December 16, 2024 in the amount of$114,098.81 3. Consider Final Acceptance of the St. Clair Waterline Project and Authorize the Deputy 4. Consider Final Acceptance of the Escalon Avenue Pedestrian Project and Authorize the 5. Consideration of Awarding the Dent Elementary Area Sidewalk Infill Project to Taylor City Clerk tol File the Notice of Completion Deputy City Clerk to File the Notice of Completion Backhoe Services, Inc. 6. Consideration of Appointing Applicant as the Escalon Representative to the San Joaquin 7. Consideration of Appointing Applicant as the Escalon Representative to the San Joaquin Council of Governments' Citizen Advisory Committee for a Four-Year Term Mayor) Hagan introduced the consent calendar, which includes routine items acted upon by a single MOTION - It is m/s by STROHMAN/WALKER that items 1-7 of the consent calendar be County Mosquito Vector Control Board for a Four Year Term action. approved as presented. Motion carried 5-0. MINUTE ORDER 67-24. STAFFCOMMINCAZONS 8. December Staff Updates a. Treasurer's Report for October and November b. Police Department Report for October and November C. Animal Control Report for October and November d. Recreation Department Report for October and November e. Development Services Report for October and November f. Public Works Report for October and November g. Building Department Report for October and November h. Water Department Report for October and November Waste Water Treatment Plant Report for October and November City Manager's Report (verbal) FDHRA, Celinda Bickner noted that they have been working with onboarding new auditors and the payroll processor is coming alongnicely. She presented the October and November treasurer's ChiefofPolice, Robert Hardgraves noted that November was fairlyas slow month. Currently there are two police officers in the background process for the full-time and reserve positions. Last month Officer Palomino led the department in arrests and citations. He thanked Ms. Sandoval on PWSW Juston Collins wanted to remind everyone that the City of Escalon does not have a leaf pickup program and reminded the community to put their leaves in the green waste cans. He also gave his PW crew recognition for handling the storms recently and working hard to prevent flooding in the streets. Hei then presented a slide regarding the completion ofthe St. Clair Waterline Councilmember Strohman asked PWSW Collins about the project in front ofTrinity Church and was told that CT Brayton is adding on to their building. Itis a private project and not through the City. Strohman asked about the roadwork by PG&E last week and PWSW Collins informed the Council that PG&E was working on their main line and metering to upgrade their infrastructure. Strohman's last question was about the Dent Elementary Sidewalk project and his concerns about report. behalf of Escalon Strong, for providing the department with treats. Project and the Escalon Pedestrian Crossing Project. starting in the rainy season. PWSW Collins and CM French informed him that the project will probably begin after the new year. There is a pre-construction meeting next week and more CM French informed that Gilton will no longer be providing street sweeping services for the City of Escalon after the New Year. The City is working diligently to find a new service and has reached out to private providers and other cities who are also impacted by Gilton. The City does CM French noted that Hogan Park will close temporarily for upkeep to get the fields healthy again. Aeration and fertilization willl bel happening soon along with other prep work that needs to be done. information will be available. have their own service, which could be used in the interim. MATTERS PRESENTED FROM THE AUDIENCE Ms. Vargas asked if there was an emergency number the community could call if there was flooding because of clogged street drains. PWSW Collins provided a 24 hour disptach number that can be called for emergency purposes. She also asked about the new cross-walk at the high school and asked ifit flashes on the road and sign. Collins noted that it only flashes on the signs. Mr. Haskin made a comment about the leaves and asked if there was some way to get communication out to the community about not blowing their leaves into the street soi it helps with Natalie Gallegos spoke ofconcerns she had with the community workshop regarding the Murphy Ranch Project with Florsheim Homes. She felt that Florsheim was not prepared and was unable to answer: most questions that the community had. She wasi informed that staffis] preparing ai report tos submit to thel Planning Commission and questions would be answered though that meeting. She asked for another community meeting regarding the traffic issues, mostly about Brennan and Highway 120. She likes the development but not the way it has been communicated to the community. She feels there are: many issues that need tol be addressed. She is worried that residents are not notified of planning until it gets to site and architecture. She did speak with CM French regarding the application process and was appreciative ofhis time in explaining how it works. CM: French responded that he appreciates her input and concerns from the residents are important. The City will incorporate those into the review of the application and the Planning Commission deliberations. He does recognize the request to have a planning level workshop prior to going Councilmember Strohman asked how they could geti information out to the constituents tol let them know that their concerns have been heard and how those concerns will be addressed. City Attorney Splendorio addressed the Council that this item was not on the agenda and only open for public comment and something to be discussed at a later time. Ms. Vargas first wanted to thank Officer Geck for patrolling First Street and being sO visible. She had concerns about safety at the Christmas parade and asked ifs some sort of barricade could be on drainage during bad weather. before the approving bodies. the sidelines blocking children from entering the flow of the parade. She is afraid someone is She also spoke of the tornado that hit Scotts Valley and wanted tol know where she could find the City's natural disaster plan. She understands there is not a contract with Red Cross and knows they are nonprofit and not a government agency and has a right to tell us what to do in case ofa an She also had concerns about the cross-walk on First Street near El Portal Middle School and wanted to know the process of possibly getting flashing street lights at that crossing. She mentioned that students arrive early at the school for practice and it is pitch black at this time of She also commented that making a right turn at the railroad crossing on McHenry coming in to town is a hazard. There have been accidents because of this turn. She is hoping some kind of signage can be placed to direct traffic. She said some GPS apps direct traffic to turn the wrong going to get hurt. She loves this event but wants to keep everyone safe. emergency. She wanted tol know ift the City has al backup plan. year. She hopes this is something that can be looked in to. way. PUBLIC HEARINGS 9. Introduce and Waive the First Reading by Title Only and Conduct a Public Hearing for Ordinance No. XXX, Amending Section 17.41.140 of the Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law; and Finding the Action to be Statutorily Exempt from CEQA Under CM French presented the two state laws, AB 2533 and SB 1211 that will take effect January 1, 2025 from his staff report. He informed Council that the Planning Commission held a public hearing to consider the proposed ordinance and voted with a recommendation in favor of its Attorney Splendorio explained that if this ordinance is not adopted, the City's existing ADUS Councilmember Strohman asked if the Planning Commission had a long discussion about this and CM French let him know that there were not any major concerns and recommended the adoption. He also let Council know that there are currently known and permitted seven (7) ADUS int the city. Mayor Pro Tem Walker asked for clarification that ifthey do not accept this ordinance, the City's standards in City Code would become invalid and revert to the State. Attorney Splendorio confirmed that is correct, that it would default back to the statutory standards ofthe State without any local agency governing landscape, setbacks, height and architectural review. Councilmember Kay understands that ift this defaulted to state law, that essentially you could have someone build four (4) ADUS stacked on top ofe each other on your neighboring fence line whereas Section 21080.17 oft the Public Resources Code adoption. become invalid and default back to the State. the easements and setbacks would remain in place if Council were to adopt this ordinance as Ms. Sherri moved into her house 14 years ago and there was an existing ADU. She wanted to know ifthis would affect her and ifs she would need to get a permit. CM French let her know this MOTION - It is m/s by STROHMANKAY to Waive the First Reading by Title Only and Conduct al Public Hearing for Ordinance No. XXX, Amending Section 17.41.140ofthel Municipal Code Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in State Law; and Finding the Action to be Statutorily Exempt from CEQA Under Section 21080.17 of the Public Resources Code be approved as presented. MOTION carried 5- written. Attorney Splendorio confirmed this statement. would have little to no impact on her. 0. MINUTE ORDER 68-24. ADMIN/STRATIVE MATTERS 10. Consider Adopting Resolution No. XX-24 Authorizing the Execution of Agreements and Resolution No. XX-24 for the Examination of Confidential Records oft the Local Transaction CM French presented it as stated in the staffr report. Iti isi in essence, the coordination with the State Department administering the sales tax (CDTFA). The council will pass a resolution authorizing Strohman commented that looking at the voting results; he wanted to thank the constituents for passing this measure and that the council will do their best to be financial stewards of that extra MOTION -It was m/s by WALKERSTROHMAN to adopt Resolution No. XX-24 Authorizing the Execution of Agreements and Resolution No. XX-24 for the Examination of Confidential Records of the Local Transaction and Use Tax (Measure P). MOTION passed 5-0. 11. Introduce and Waive the First Reading by Title Only of Ordinance No. XXX, Amending Chapter 2.17 in' Title 2 ofthe Escalon Municipal Code - Recreation Commission CM French presented the Ordinance based on Council direction from a prior meeting. The ordinance amendment would change the provision from three within the residing in the city limits tot two residing within the city limits meaning that three could live outside the city limits but within Councilmember wanted to know that if this ordinance was passed, would they go through the interview process again. He thought since Councilmember Kay was new, that it would be respectful to him to do SO. Councilmember Kay appreciated the gesture but thought it would be MOTION - It was m/s by STRO:MAN/WALKER to Introduce and Waive the First Reading by Title Only of Ordinance No. XXX, Amending Chapter 2.17 in Title 2 of the Escalon Municipal Code - Recreation Commission. MOTION passed 5-0. ORDIANCE NO.597 and Use Tax (Measure P) the execution of agreements with CDTFA sO they can administer the tax. 1% sales tax. RESOLTUION NO.49-24 the school district boundaries. unnecessary and he could watch the interviews on YouTube. COUNCIL COMMUNICATIONS Councilmember Kay congratulated the Chamber regarding the Christmas Parade and the organization that goes in to that. He also thanked the Council and former City Mayor fori including him on the parade float. He wanted recognize Angel Cornea on Countrywood for the event he puts on every: year with Santa Claus at his own expense. People who do this make living in a small Councilmember Strohman congratulated Gracie and Gary on their reappointments and dedication tot the community. He also wanted to thank the Chamber, volunteers and community members for the Christmas Parade on Main. He reported that he, along with others attended the 2x2 monthly meeting with the school district. Hei is looking forward to working on projects with them, including ap pilot program that will benefit the community as we whole. He also wanted a consensus from other councilmembers about Belatera. He noted he was looking to Council to add this as an agenda Attorney Splendorio felt the Council could have an outreach discussion. Limitations would need Mayor Hagan felt it is important for the community voices to be heard and supported Strohman Mayor Pro Tem Walker first wanted to congratulate all this involved for Christmas on Main, including all the vendors and float entries. Also thanked the citizens of Escalon for passing Measure Pand expressed howi importanti it is for the communitytol keep shopping local and support Mayor Hagan expressed his gratitude for all the hard work that went into Christmas on Main. He also wanted to thank Officer Palomino for all his work. Regarding the train track at McHenry, he Strohman supported Hagan's idea and asked if that is something Caltrans would handle. PWSW Collins responded that it would be a meeting with the City, Caltrans and the railroad. The council Mayor Hagan also wants to have a discussion in the future, but believes there is the potential for the City to protect themselves from the State to give the City a little more flexibility by looking into the idea ofa charter city. He feels this a needed discussion to understand the pros and cons. Mayor Pro Tem Walkersupported thei idea ofhaving a discussion on how it may or may not benefit town SO great. item to find a way to get back to community members in an open forum. to be discussed, ifiti is put on the agenda as a future discussion. on his request tol have an open forum. Escalon businesses. thinks iti is a good idea tol have some sort of signage at that stop. supported the decision to have further discussion on this matter. the City of] Escalon. Councilmember Strohman also supports a discussion. ADJOURNMENT Mayor Hagan adjourned the meeting at 7:33 pm Respectfully Submitted, Dhlobnks Michele Bates, Deputy City Clerk ALOA ITEM NO. 2 PRATED ARC Prepared By: Date: Subject: COUNCIL AGENDA ITEM FORJANUARY 6, 2025 Ivette Arevalo December: 31, 2024 Commission. Waive the Second Reading and Consider Adoption of Ordinance No. XXX, Amending Chapter 2.17 in' Title 2 oft the Escalon Municipal Code - Recreation Recommendation: Waive the Second Reading and Consider Adoption ofOrdinance No. XXX, amending Chapter 2.17 in' Title 2 ofthel Escalon Municipal Code - Recreation Commission. Background and Discussion: At the November 18, 2024 City Council meeting, the Council interviewed four applicants for three vacancies on the Recreation Commission. Following the interviews, the Council concluded that the current guidelines for Recreation Commission membership, as defined in Escalon Municipal Code The existing municipal code mandates that all five members ofthe Recreation Commission reside within the Escalon Unified School District, with at least three members living within the city limits. The Council noted that the residency requirements restricted the potential for valuable contributions from individuals living outside the city limits. Consequently, the Council directed staff to bring forward an Ordinance that would amend Section 2.17.020 oft the Escalon Municipal Code. The attached ordinance proposes an update to the Code regarding membership of the Recreation Commission, increasing the number of Commissioners that can reside outside oft the City limits. The Section 2.17.020, no longer align with the community's needs. highlights are the changes being made to the ordinance. Attachments A. Draft Ordinance XXX amending Section 2.17.020 to adjust membership requirements of the Recreation Commission ATACHMENT. A CITY OF ESCALON CITY COUNCIL ORDINANCE NO. XXX Introduce and waive the First Reading by title only of Ordinance No. XXX, amending Chapter 2.17 in' Title 2 of the Escalon Municipal Code -) Recreation Commission. WHEREAS, at thel November 18, 2024, City Council meeting, the Council interviewed four WHEREAS, following thei interviews, the City Council concluded that the current guidelines for Recreation Commission membership, as defined in Escalon Municipal Code Section 2.17.020, WHEREAS, the existing municipal code mandates that all five members oft the Recreation Commission reside within the Escalon Unified School District, with at least three members WHEREAS, the City Council noted that the residency requirements of the current code restrict the potential for valuable contributions from individuals who reside outside the city limits; and WHEREAS, the City Council directed stafft to bring forward an ordinance to amend Section 2.17.020 oft the Escalon Municipal Code to increase the number of Commissioners who can applicants for three vacancies on the Recreation Commission; and nol longer align with the community'si needs; and living within the city limits; and reside outside the city limits; NOW,THEREFORE, the City Council oft the City of Escalon does ordain as follows: SECTION1. Purpose. Thej purpose of this ordinance is to amend Chapter 2.170 oft the Escalon Municipal Code to modify the residency requirements for members of thel Recreation Commission. SECTION2. Authority. The City Council Enacts this ordinance under the authority SECTION3. Amendment. Chapter 2.17 is hereby amended to read in its entirety as shown on Exhibit' "A", which is attached hereto and incorporated herein by this reference. SECTION4 4. Severability. Should any provision oft this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision ofthis Ordinance or the application oft this Ordinance to any other person or circumstance and, to granted to cities by Article XI, Section 7 of the California Constitution. that end, the provisions hereofate severable. SECTION5. Effective Date and Notice. Thisl Notice shall take effect thirty (30) days after its adoption and, within fifteen (15) days afteri its passage a summary oft the ordinance shall be published at least once in ai newspaper of general circulation within the City of] Escalon. PASSED, APPROVED AND ADOPTED by the City Council of the City of Escalon, Califoria, at a regular meeting of the City Council held on the day of 202_ by the following vote: AYES: NOES: ABSENT: ABSTAIN: Andrew Hagan, Mayor ATTEST: IVETT AREVALO, Deputy City Clerk APPROVED ASTO FROM: City Attorney, Frank Splendorio 2 Exhibit A Ordinance XXX. Amendments -3- Chapter 2.17 RECREATION COMMISSION Sections: 2.17.010 Establishment. 2.17.015 Definitions. 2.17.020 Membership - Designated. 2.17.030 Membership - Term - Removal. 2.17.040 Organization - Meetings. 2.17.050 Rule adoption and recordkeeping. 2.17.060 Powers and duties. 2.17.080 Repealed. 2.17.090 Repealed. 2.17.010 Establishment. 2.17.070 Cooperation with city departments = Report to council. 2.17.100 Relation to press, city council, and staff. A recreation commission is established in and for the city. (Ord.541S1, 2014; Ord. 496 S 1, 2005; ;Ord. 38451, 1993;Ord.3 33451,1990) 2.17.015 Definitions. The following words and expressions when used in this chapter shall for the purposes of this chapter have the meanings respectively ascribed to them as A. "Commission, as used in this chapter, means the Escalon recreation B. "Community recreation,' as used in this chapter, means all public leisure resources that contribute to the physical, mental, moral development and the environment of the individual or group. These resources may include, but are not necessarily limited to parks, playgrounds, camps, swimming pools, recreational sports and programs in the physical, intellectual, and social fields. follows: commission created by this chapter. (Ord. 541 $1,2014) 2.17.020 Membership - Designated. The commission shall have five voting members all of whom shall be registered voters in San Joaquin County, California. All five members are required to reside within the Escalon Unified School District, with no less than three two members required to reside within Escalon city limits. The voting members shall be appointed by the city council and shall serve without compensation. (Ord. XXX S 1, 2025; Ord. 541 $1, 2014; Ord. 49651,2005; Ord. 457 $1,2001; Ord. 427 9 $1, 1996; Ord.3 38451,1993; ;Ord.33451, 1990) 2.17.030 Membership - Term - Removal. vacancies shall be filled for the unexpired term. A. The commission members shall be designated to serve for three years. All B.A member of the commission may be removed from office by a majority C.Amember who fails, without permission, to attend three successive meetings of the commission is subject to removal. (Ord. 54151, A 2014; Ord. 49651,2005; Ord. 427 $1, 1996; Ord. 384 $1 1, 1993; Ord. 33451,1990) A. Regular meetings shall be held on the first Wednesday of each month at 6:30 p.m. in the City of Escalon Council Chambers located at 2060 McHenry Ave., Escalon, California. The recreation commission shall meet at a minimum of at least once a quarter during the months of February, May, August and B. Special meetings may be called at any time by the chair by written notices served upon the members 24 hours before the proposed time of such C.All meetings shall be open to the public and shall be held in accordance with the Ralph M. Brown Act. Public participation shall be encouraged prior to D. The commission shall select a chair from among its appointed members during the November meeting of each year. The term of this office shall be E.A Agenda for meetings will be prepared by the staff liaison in consultation with the chair. The commission may suggest agenda items to the chair for inclusion on an agenda. The addenda shall be appropriately provided ina a section for public comment on matters not on the agenda. F. Minutes shall be kept and filed with the city clerk. (Ord. 541 S 1,2014; Ord. 251.2080.4-851205, Ord. 384 $1, 1993; Ord.33451,1990) vote of the city council. 2.17.040 Organization - Meetings. November. meetings. the commission taking an action on any item. one year. 2.17.050 Rule adoption and recordkeeping. A. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be on file in the city clerk's office and shall be a public B. The office of the city clerk shall furnish services as are needed to make possible the necessary recording and filing of these records. (Ord. 54151, 2014; Ord. 496 $1,2005; Ord. 38491,1993;Ord. 3345 1,1990) record. 2.17.060 Powers and duties. A. The powers and duties of the commission as an advisory board shall be as follows: 1. Provide input to the recreation eparmenvcordinators regarding recreation activities, sports programs, and facilities that will help meet the 2. Serve as the appeal board for citizens regarding actions and decisions made by the recreation eparmenlcordnaton, All personnel-related issues and actions regarding the recreation eparmenvcorainators will 3. To make and enforce all rules and regulations necessary to carry out their powers and duties under this chapter and otherwise granted. 4. To cooperate with any other public authority, including the Escalon Unified School District and the County of San Joaquin. 5. The recreation commission shall interpret the community recreation program to public officials and to the general public in terms of needs and results, and toward the end that the program receives adequate moral 6. The recreation commission shall review all general policies governing the services of the community recreation department, and shall acti in an advisory capacity to the city council on all things relating to leisure resources as defined under community recreation" in EMC 2.17.015, for the determination of general policies to best carry out the purposes for which the department of community recreation is established. needs of the community. remain with the city manager and/or their designee. and financial support from public and private sources. 7. Consider the annual budget of the recreation department prior to enacting activities of recommendation and provide advice with respect 8. Provide advice and community perspectives regarding recreation services and programming for the inhabitants of the city and promote and stimulate public interest therein and to the fullest possible extent the cooperation of special authorities and other public and private agencies 9. To gather community opinions, needs and perceptions regarding recreational opportunities and needs and to advise the recreation department of this information. Further, to provide information to the community regarding available programs and facilities and encourage 10. Assist in the organizing of recreation programs both by policy and B. The city manager shall appoint competent persons who shall act as recreation coordinators at a salary to be fixed by the city council. The coordinators shall carry out the directions of the city manager and shall organize and direct all department activities, programs and recreation facilities owned, operated and maintained by the city. Coordinators shall enforce all of the ordinances and policies oft the city regulating department activities, programs and recreation facilities and their use, and may in furtherance of such duty have the power to remove or cause to be removed and excluded from any of the department activities, programs and recreation facilities any persons violating any such ordinances or policies. The coordinator shall have the care and control of all equipment owned or controlled by the city for use in recreation activities and programs, and shall be responsible for the custody of C.Ina addition, the city manager may appoint, subject to the approval of the city council, any such assistants which may be necessary to carry out the recreational programs in the city. (Ord. 54151,2014; Ord. 496S $1,2005; thereto to the city manager and to the city council. interested therein. their participation and use. participation within the programs. such property. Ord. 384 S 1, 1993; Ord. 334 $1, 1990) 2.17.070 Cooperation with city departments - Report to council. All officers, departments and department heads of the city shall render cooperation and all reasonable and necessary assistance to the recreation commission. Neither the commission nor any person connected with the commission shall incur any financial liability in the name of the city. The recreation director, on behalf of the commission, shall render periodic reports of its activities to the city council. (Ord. 541 $1.04,0.49851.2005: Ord. 384 $1,1993;Ord.3 334 $1,1 1990) 2.17.080 Appropriation - Budget. Repealed by Ord. 496. (Ord. 384 $1, 1993; Ord. 33451,1990) Repealed by Ord. 496. (Ord. 384 S 1, 1993; Ord. 334 $1,1 1990) 2.17.090 Fees. 2.17.100 Relation to press, city council, and staff. A. Commissioners shall refer all requests for information made by the press to the city clerk and shall not endeavor to interpret any action of the commission. B. The position of the commission on all matters which the commission wishes brought before the city council will be done by either the chair or C.T The city manager shall appoint a staff liaison to the recreation commission who will coordinate and provide all staff support. The staff liaison will attend all commission meetings and act as secretary to the commission. She/he will bring department-related policy matters for consideration to the commission as well as respond to policy-related inquiries. (Ord. 54151,2014) designated commissioner or staff member. ON A ITEM NO. 3 COUNCIL AGENDA ITEM FORJANUARY 6, 2025 RATED WA Prepared By: Diana Trejo, Assistant Planner Date: Subject: December 23, 2024 Waive the Second Reading and Consider Adoption of Ordinance No. XXX Amending Escalon Municipal Code Chapter 17.41.140 Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units to Comply with Recent Changes in California State Law; and Finding the Action to be Statutorily Exempt from CEQA under Section 21080.17 of the Public Resources Code RECOMMENDATION: Council, waive the second reading and consider adoption of Ordinance No. XXX, amending Escalon Municipal Code Chapter 17.41.140 relating to Accessory Dwelling Units and Junior Accessory Dwelling Units to comply with recent changes in California State Law; and finding the action to be statutorily exempt from CEQA under Section 21080.17 oft the Public Resources Code. BACKGROUND AND ANALYSIS: Inr recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that impose limits on local authority to regulate ADUS and JADUS. In 2024, the California Legislature approved, and the Governor signed into law, two new bills - AB2533and SB 1211 - that further amend state ADU law as summarized below. AB 2533 - Unpermitted ADUS and JADUS Subject to limited exceptions, existing state law prohibits a city from denying a permit tol legalize an unpermitted. ADU that was constructed before. January 1,2018,ifthe denial isb based on the ADUnot complying with applicable building, state or local ADU standards. One exception allows a city to deny aj permit tol legalizei ifthe city makes a written finding that correcting the violation is necessary AB 2533 changes this by: (1)expanding the above prohibition to also include JADUS; (2) moving the construction-cutof date from January 1,2018, to. January 1,2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard toj protect the health and safety of the public or the occupants oft the structure. Buildings). (See amended Gov. Code, $ 66332(a)-(t).) SB 1211 - Replacement Parking Requirements; Multifamily ADUS Replacement Parking Existing state law prohibits the City from requiring off-street parking spaces to be replaced whena garage, carport or covered parking structure is demolished: in conjunction with the construction of, or SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an. ADU. (See amended Gov. conversion to, an ADU. Code, $ 66314(d)(11).) Multifamily ADUS SB 1211 further defines livable space in connection with converted ADUS inside a multifamily dwelling structure. Existing statel law requires the Cityt to ministeriallyapprove qualifying building- permit applications for ADUS within "portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages "The term "livable space" is not defined by existing state. ADUlaw. SB 1211 changes this by adding a new definition: "Livable space' means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation." (See SB 1211 alsoi increases the number ofdetached. ADUS that lots with an csistingmulafamiydwaling can have. Existing state law allows al lot with an existing or proposed multifamily dwelling tol have Under SB: 1211,al lot with an existing multifamily dwelling can have up to eight detached ADUS, or as many detached ADUS as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, $ 663238)4,A)0DSB 1211 does not alter the number of ADUS that al lot with a proposed multifamily dwelling can have the limit remains at two. (See amended Gov. amended Gov. Code, $ 66313(e).) up to two detached ADUS. Code, $ 66323(a)(4).) PLANNING COMMISSION On November 19, 2024, the Planning Commission held a public hearing to consider the proposed ordinance, and thereafter voted toi forward the ordinance to the City Council witharecommendation in favor ofi its adoption. Staff recommends that the City Council proceed in accordance with the recommended actions set forth above. CITY COUNCIL At the December 16, 2024 City Council Meeting, staff presented the Planning Commission's recommendations ont the: amendments tol Escalon Municipal Code Chapter 1741.140.Safteplained the proposed amendments and answered the questions asked by members oft the Council. A Public Hearing was conducted in which one: resident sought clarification on an existing condition. 2 A small edit was made to proposed Section 17.41.140 (E)(8) to remove ADUS from the Deed Restriction requirement. The Deed Restriction section will still apply to JADUS. ENVIRONMENTAL REVIEW: Under California Public Resources Code section 21080.17, CEQA does not apply tot the adoption of an ordinance by a city or countyimplementing: the provisions of Article 2c ofChapter 13 ofDivision 1of Title 7 of the California Government Code, which is California's. ADU law and which also regulatesJADUS, as defined by section 66313. Therefore, the adoption ofthe proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law. Exhibit: 1. Ordinance XXX with Exhibit A Amendments to EMC Chapter 17.41.140 3 Exhibit 1 ORDINANCE NO. XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCALON AMENDING SECTION 17.41.140 OF THE CITY OF ESCALON MUNICIPAL CODE RELATINGTO ACCESSORY DWELLING UNITS ANDJUNIOR ACCESSORY DWELLING UNITS AND FINDING THE. ACTIONTO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE SECTION 21080.17 WHEREAS, the City of Escalon, California ("City") is a municipal corporation, duly WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation ofaccessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUS"); organized under the constitution and laws of the State of California; and and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUS and JADUS; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 ("AB 2533") and Senate Bill 1211 ("SB 1211"), which further amend state ADU law; and WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City's ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211;and WHEREAS, the City desires to amend its local regulatory scheme for the construction of WHEREAS, on November 19, 2024, thel Planning Commission heldac duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance tot the City Council with ai recommendation in favorofits adoption; ADUS and JADUS to reflect AB 2533's and SB 1211's changes to state law; and and WHEREAS, on December 16, 2024, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City's Planning Commission; and WHEREAS, all legal prerequisites to the adoption oft the Ordinance have occurred. NOW,THEREFORE, the City Council oft the City of Escalon does ordain as follows: SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council. 93939,000942269132 SECTION2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 ofChapter 13 of Division 1 of'Title 7 oft the California Government Code, which is California's. ADU law and which also regulates JADUS, as defined by section 66313. Therefore, adoption oft the Ordinance is statutorily exempt from CEQA in that it implements state ADU law. SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c). SECTION 4. Code Amendment. Section 17.41.140 of the Escalon Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit "A-1," attached hereto and incorporated herein by reference. SECTION5. Effective Date. This Ordinance takes effect 30 days after its adoption. SECTION6. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department ofHousing and Community Development within 60 days after adoption. Ordinance and post or publish this Ordinance as required by law. SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record arel located at Escalon City Hall. SECTION9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. 2- PASSED, APPROVED AND ADOPTED by the City Council of the City of Escalon, Califoria, at a regular meeting of the City Council held on the day of 202_byt the following vote: AYES: NOES: ABSENT: ABSTAIN: ANDREW HAGAN, Mayor ATTEST: Michele Bates, Deputy City Clerk APPROVED ASTOI FROM: City Attorney, Frank Splendorio -3- EXHIBIT. A Amended ADU Regulations (follows this page) ADU REGULATIONS THAT COMPLY WITH SB 1211 & AB 2553 (2024) Section 17.41.140 Accessory Dwelling Units A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUS) in compliance with Chapter 13 of Effect of Conforming. An ADU or JADU that conforms to the standards in this section Division 1 ofTitle 7 of the California Government Code. B. will not be: 1. 2. 3. 4. Deemed to be inconsistent with the city's general plan and zoning designation for Deemed to exceed the allowable density for the lot on which the. ADUorJ JADUis Considered in the application of any local ordinance, policy, or program to limit Required to correct ai nonconforming zoningo condition, as defined ins subsection C.8 below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. the lot on which the ADU or. JADU is located. located. residential growth. C. Definitions. As used in this section, terms are defined as follows: 1. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with aj proposed or existing primary residence. An accessory dwelling unit also includes the following: a. b. An efficiency unit, as defined by section 17958.1 of the California Health Ai manufactured home, as defined by section 18007 ofthe California Health "Accessory structure" means a structure that is accessory and incidental to a "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or "Efficiency kitchen" means al kitchen that includes all oft the following: and Safety Code; and and Safety Code. 2. 3. dwelling located on the same lot. multifamily dwelling is or will be situated. 4. a. A cooking facility with appliances. -5- b. Ai food preparation counter and storage cabinets that are ofar reasonable size ini relation to the size of the. JADU. 5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all oft the following: a. Itis no more than 500 square feet in size. b. It_is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, isconsideredt tol bea apart ofand contained within the single-familysiructure. Itincludes its own separate sanitation facilities or shares sanitation facilities If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family structure in addition to an exterior entrance that is separate from the Itir includes an efficiency kitchen, as defined in subsection C.4 above. "Livable space" means a space in a dwelling intended for human habitation, "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. Nonconforming zoning condition" means a physical improvement on a property "Passageway" means a pathway that is unobstructed clear to the sky and extends 10. "Proposed dwelling" means a dwelling that is the subject of a permit application 11. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the C. d. with the existing or proposed single-family structure. main entrance to the primary dwelling. e. 6. 7. 8. 9. including living, sleeping, eating, cooking, or sanitation. that does not conform with current zoning standards. from a street to one entrance oft the ADUOrJADU. and that meets the requirements for permitting. public. 12. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. D. Approvals. The following approvals apply to ADUS and JADUS under this section: -6- 1. Building-permit Only. If an ADU or JADU complies with each of the general requirements ins subsection E below, iti isa allowed with only a building permit in the following scenarios: a. Converted on Single-family Lot: One ADU as described in this subsection D.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or. JADU: 1. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space ofa an accessory structure, plus up to 150 additional square feet ift the expansion is limited to accommodating ingress and egress; and Has exterior access that is independent of that for the single-family Has side and rear setbacks sufficient for fire and safety, as dictated The JADU complies with the requirements of Government Code Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.l.aabove),i ifthe detached ADU: satisfies each ofthei following ii. ii. iv. b. dwelling; and bya applicable building and fire codes. sections 66333 through 66339. limitations: i. ii. iii. C. The side- and rear-yard setbacks are at least four feet. The total floor area is 800 square feet or smaller. The peak height above grade does not exceed the applicable height Converted on Multifamily Lot: One or more ADUS within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent oft the existing multifamily dwelling units. Limited Detached on Multifamily Lot: Noi more than two detached ADUS on a lot with a proposed multifamily dwelling, or up to eight detached ADUS on a lot with an existing multifamily dwelling, ifeach detached ADU limit in subsection E.2 below. d. satisfies all of the following: 7- i. The side- and rear-yard setbacks are at least four feet. Ift the existing multifamily dwelling has ai rear or side yard setback ofless than four feet, the city will not require any modification to the multifamily The peak height above grade does not exceed the applicable height If the lot has an existing multifamily dwelling, the quantity of detached ADUS does not exceed the number of primary dwelling dwelling as a condition of approving the ADU. limit provided in subsection E.2 below. ii. ii. units on the lot. 2. ADU Permit. a. Except as allowed under subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the Development Services Manager and approved by the city council by standards set forth in subsections E: and F below. b. resolution. Process and Timing. 3. a. b. An ADU permit is considered and approved ministerially, without The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. Ift the city has not approved or denied the completed application within 60 discretionary review or a hearing. days, the application is deemed approved unless either: i. ii. The applicant requests a delay, in which case the 60-day time period When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. Ift the city denies an application to create an ADU or JADU, the city must provide the applicant with comments thati include, among other things, al list of all the defective or deficient items and a description of how the is tolled for the period of the requested delay, or C. -8- application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same day time period established by subsection D.3.b above. d. time. E. General ADU and JADU Requirements. The following requirements apply to all ADUS and JADUS that are approved under subsections D.1 or D.2 above: 1. Zoning. a. b. An ADU subject only to al building permit under subsection D.1 above may An ADU subject to an ADU permit under subsection D.2 above may be created on a lot that is zoned to allow single-family dwelling residential use Ina accordance with Government Code section 66333(a), a. JADU may only be created on a lot in a residential or mixed-use zone. orr multifamily dwelling residential use. C. Height. a. be created on a lot zoned for single-family residences. 2. Except as otherwise provided by subsections E.2.b and E.2.c below, a detached ADU created on a lot with an existing or proposed single family orn multifamily dwelling unit may not exceed 16: feet in height. A detached ADU may be up to 18 feet in height ifiti is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-halfmile walking distance ofai major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (foran maximum of20 feet) ifr necessary to accommodate ai roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whicheveri is lower. Notwithstanding thei foregoing, ADUS subject to this subsection E.2.d may not exceed two stories. b. C. in height. d. -9- e. For purposes of this subsection E.2, height is measured from existing legal grade or the level oft the lowest floor, whichever is lower, to the peak oft the structure. Fire Sprinklers. a. b. 3. Fire sprinklers are required in an ADU if sprinklers are required in the The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or. JADU was created. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (int the case of a single-family lot) or from the lot and all ofthe dwellings (in the case ofa Septic System. Ifthe ADUOrJADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, ift the percolation test has been recertified, within the primary residence. 4. 5. multifamily lot). 6. last 10 years. Owner Occupancy. 7. a. b. ADUS created under this section on or after. January 1, 2020 are not subject As required by state law, all JADUS are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or. JADU, as the person's legal domicile and permanent residence. However, the owner- occupancy requirement in this subsection E.7.b does not apply if the property is entirely owned by another governmental agency, land trust, or Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Development Services Manager. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that: to an owner-occupancy requirement. housing organization. 8. a. Except as otherwise provided in Government Code section 66341, the JADU may not be sold separately from the primary dwelling. -10- b. C. d. The JADU is restricted to the approved size and to other attributes allowed The deed restriction runs with the land and may be enforced against future The deed restriction may be removed ift the owner eliminates the. JADU, as evidenced by, for example, removal of thel kitchen facilities. To remove the deed restriction, an owner may make a written request oft the Development Services Manager, providing evidence that the JADU has in fact been eliminated. The Development Services Manager may then determine whether the evidence: supports the claim that the. JADU has been eliminated. Appeal may be taken from the Development Services Manager's determination consistent with other provisions oft this Code. Ifthe JADUis not entirely physically removed, but is only eliminated by virtue of1 having an necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this The deed restriction is enforceable by the Development Services Manager or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may: result in legal action against the property owner, and the cityi is authorizedi to obtain any remedyavailable to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or Rent Reporting. In order to facilitate the city's obligation toi identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the by this section. property owners. Code. e. abatement of the illegal unit. 9. following requirements must be satisfied: a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the. ADUOrJADU during the prior year. Ifthe city does not receive the report within the 90- day period, the owneri isi in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. Ift the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law. ADU or. JADU. b. 10. Building & Safety. a. Must comply with building code. Subject to subsection E.10.b below, all ADUS and JADUS must comply with all local building code requirements. -11- b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 oft the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b prevents the city from changing the occupancy code ofa space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section. F. Specific ADU Requirements. The following requirements apply only to ADUS that require an ADU permit under subsection D.2 above. 1. Maximum Size. a. The maximum size ofa detached or attached. ADU subject to this subsection Fis8 850 square feet for a studio or one-bedroom unit and 1,000 square feet An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.1.b above or of an FAR, front setback, lot coverage limit, or open-space requirement may foral unit with two or more bedrooms. b. dwelling. C. require the ADU to be less than 800 square feet. 2. Setbacks. a. ADUS that are subject to this subsection F must conform to 4-foot side and rear setbacks. ADUS that are subject to this subsection F must conform to 25-foot front setbacks, subject to subsection F.1.c above. No setback is required for an ADU that is subject to this subsection F: ift the ADU is constructed in the same location and to the same dimensions as an b. existing structure. 3. 4. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 65 percent, subject to subsection F.1.c above. Minimum Open Space. No ADU subject to this subsection F: may cause the total percentage of open space oft the lot to fall below 35 percent, subject to subsection F.1.cabove. -12- 5. 6. Passageway. No passageway, as defined by subsection C.9 above, is required for an ADU. Parking. a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as Exceptions. No parking under subsection F.6.a is required in the following defined by subsection C.12 above. b. situations: i. ii. iii. iv. V. vi. The. ADUis located within one-halfn mile walking distance of public The ADU is located within an architecturally and historically The. ADUis part oft the proposed or existing primary residence oran accessory structure under subsection D.1.a above. When on-street parking permits are required but not offered to the When there is an established car share vehicle stop located within When the permit application to create an ADU: is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.6.b.i through V above. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction ofan ADU or converted to an ADU, those off-street parking spaces are not transit, as defined in subsection C.11 above. significant historic district. occupant of the ADU. one block ofthe ADU. C. required tol be replaced. Architectural Requirements. 7. a. b. The materials and colors of the exterior walls, roof, and windows and doors The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion The exterior lighting must be limited to down-lights or as otherwise must be the same as those of the primary dwelling. ofthe roof. C. required by the building or fire code. -13- d. e. f. The ADU must have an independent exterior entrance, apart from that of The interior horizontal dimensions ofan ADU must be at least 10: feet wide in every direction, with a minimum interior wall height ofs seven feet. No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight. All windows and doors in an ADU less than 30 feet from a property line that is not aj public right-of-way line must either be (for windows) clerestory with the bottom oft the glass at least six feet above the finished floor, or (for Historical Protections. An ADU that is on or within 600 feet oft real property that is listed in the California Register of] Historic Resources must be located SO as to Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the the primary dwelling. g. windows and for doors) utilize frosted or obscure glass. 8. not be visible from any public right-of-way. 9. stories allowed under subparagraph E.2.d ofthis section. G. Fees. The following requirements apply to all ADUS that are approved under subsections D.1 or D.2 above. 1. Impact Fees. a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes oft this subsection G.1, "impact fee" means a' "fee" under thel Mitigation Fee Act (Gov. Code $ 66000(b)) and a fee under the Quimby Act (Gov. Code $ 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for b. ai new dwelling.) 2. Utility Fees. a. Ifan ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. -14- b. Except as described in subsection G.2.a, converted ADUS on a single- family lot that are created under subsection D.1.a above are not required to have ai new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. Except as described in subsection G.2.a, all ADUS that are not covered by subsection G.2.b require ai new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and C. fee requirements ofthe utility provider. i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service. system. ii. H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. 1. Generally. The city will not deny an ADU or JADU application due to a noncontorming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction oft the ADU or JADU. Unpermitted ADUS and JADUS constructed before 2020. 2. a. Permit tol Legalize. As required bys statel law, the city may not deny a permit tol legalize an existing but unpermitted ADU or. JADU that was constructed before. January 1, 2020,ifdenial is based on either ofthe following grounds: The ADU or JADU violates applicable building standards, or The ADU or. JADU does not comply with state ADU or. JADU law i. ii. b. or this ADU ordinance (section 17.41.140). Exceptions: Notwithstanding subsection H.2.aabove, the city may deny aj permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. -15- ii. Subsection H.2.a above does not apply to a building that is deemed tol be substandard in accordance with California Health and Safety Code section 17920.3. -16- AOR ITEMI NO. 4 COUNCIL AGENDA ITEM FOR DECEMBER 16, 2024 ORATED Prepared By: Date: Subject: Jaylen French, City Manager December 5, 2024 Consideration of Agreement with Ayera Technologies, Inc, for the Installation and Managed Operations of Wireless Networking Internet Services Backbone Service Recommendation: Consider the Draft Agreement with Ayera Technologies, Inc. which Council directed staff to enter into negotiations for the Installation and Managed Operations of Wireless Networking Internet Services Backbone services. Background: The City of Escalon has multiple locations, each served by the City's computer network to allow for internet, email, camera operations and file access. The City's remote sites, including the Corporation Yard, Wastewater Treatment Plan, and the Community Center are connected to City Hall via wireless point-to-point radio links. These first links were installed in the early 2000s and have been The current point-to-point links are nearing the end of their useful life and are not delivering connections that are strong or fast enough to meet the City's needs. To offer better service and achieve cost savings, many cities are moving away from having their own links and engaging with internet service providers (ISPs) toj provide them with ai managed network solution. These agreements became increasingly popular after the 2018 FCC Small Cell Oder that required public agencies to open their assets to private carriers where possible. These agreements have proven beneficial to cities, as they reduce the city's capital expense in deploying wireless links, provide service-level agreement backed wireless links for critical City communications, and provide Overa a five year period, this style agreement is expected to save, based upon the full build-out of20 sites, significant money in capital costs and internet service costs. There is additional benefit of support and expertise in an established ISP. The system can also be designed to allow for future growth as most applications and hardware come online, including for example traffic cameras, license plate readers, and the City's Supervisory Control and Data Acquisition (SCADA)system, which controls, monitors and analyzes the City's water and wastewater systems. upgraded multiple times to meet the City'sg growing bandwidth needs. for the City to receive rent in the process. Ini mid-2023, the City solicited informal proposals from two local ISPs, EzWave Communications and Ayera Technologies toj provide the City with a managed connectivity solution fori its remote sites in exchange for rent and the use ofs space on the City's vertical assets, i.e. buildings and/or radio towers) to install radio repeater equipment that allows the company to serve both the City and its residents. Each ISP was given the opportunity toj present their proposal to City staffa and the City's ITd consultant. City staff and the IT consultant recommended the city move forward with one oft the ISP due to faster and more reliable connectivity to the City's sites, a symmetric connection, which provides ample bandwidth fora all use applications and a larger proposed rent payment. On October 2, 2023, after the above-described Request for Proposal (RFP) process, the Council was set to consider the two (2)) ISP proposals. Ultimately, due to concerns raised about the process by one ofthe proposing ISPs and questions about the end product, the Council directed staff to work with a third-party to ensure a robust and neutral process. The City later retained Spark Alliance to perform Subsequently, in April 2024, the City of] Escalon (City) invited qualified, available and interested firms to submit written proposals to provide contracted installation and managed operations ofa wireless networking internet services backbone. The stated project objectives from this RFP are: this work. Improve Internet Access: Provide high-speed internet access to underserved areas of Escalon, Enhance Connectivity: Establish a reliable and secure wireless network backbone to support Promote Economic Development: Stimulate economic growth and development by providing Support Municipal Services: Enable the City of] Escalon to enhance its municipal services, such as public safety, emergency response, and administrative operations. Ensure Compliance: Ensure compliance with all relevant regulations, including California state requirements for wireless networking and internet services. enhancing connectivity for residents and businesses. data transmission and communication. businesses with access to high-speed internet services. Upon the close oft the RFP period, the City received 10 proposals, which fall into various proposal types as outlined below. Five (5) "Project" proposals. These proposals from AirGap Labs, EZWave, Eaton, SmartWave and Calnet constitute an installation project, including the installation of equipment by the provider at the City's expense. The proposed cost of these proposals ranges from $62,000 to $380,000. The approach would then cost the City approximately $75,000 to $120,000 in annual maintenance and service. There is some potential to monetize this One (1) "Citywide Connectivity" proposal. This proposal from T-Mobile constitutes a private connection to T-Mobile's existing network at the City's cost, then ai monthly service charge for the use of wireless internet throughout the City and greater connectivity to both infrastructure. physical buildings, remote locations and between physical locations (i.e. in-field connectivity). This proposal is from a nationally recognized provider which has a significant investment in their equipment, as well as outstanding customer service. T-Mobile anticipates charging the City $600 per month for internet service to all locations, to start. There are Two (2) No-Cost, No-Monthly Rate proposals. Proposals were received from Ayera and EzWave, two local companies, which utilize the City's vertical assets to improve their ability to serve the City with reliable and fast internet as well as their existing and future customers. One (1) "City is the ISP" proposal. This proposal from SmartFiber Networks sees the City fund a full network of equipment and other related materials at the anticipated cost of$1.99 million, which the City would own. The City could then become an ISP for residents, businesses and others in the area. As proposed, the City would recoup this initial investment through the monthly service charges to its future customers. There are additional partnership One (1)p proposal was rejected for not addressing the needs outlined in the RFP. Then, on September 16, 2024, the City Council directed staff to further explore the "No-Cost, No- Monthly Rate" proposal type and begin discussions with the two proposers. Subsequently, City staff met with each proposer, ezWave and Ayera to discuss each proposal and tol better understand the details. After discussion and public testimony, the City Council directed staff to enter into additional partnership opportunities associated with this proposal. The City would like to explore rent or revenue sharing with these options. opportunities associated with this proposal. negotiations with Ayera Technologies, Inc. Discussion: City staff and Ayera met to finalize the negotiation points, which are outlined below: Agreement Term: Five (5) years with open options to extend five (5); years upon unless and until the revenue share model is activated. Ifthe revenue share model is not activated for a period of24 months after the agreement, then Ayera is responsible to supply acurrent market value for vertical asset use for consideration of 15% of monthly subscription revenue gained from City's vertical assets if, and when, more than the current lease rate. Ifthe City is not satisfied with the performance of Ayera in the various matters pertaining to the agreement, the City can, within 60 days, after a 60 day period to try to remedy the situation, terminate the contract via written notice. mutual consent. Vertical Asset Use Lease: $800/month for first six (6) months and $950/month thereafter, the City in updating the lease rate. Revenue Share: Agreement Termination: Per the agreement, Ayera will provide: Zero cost symmetrical network connection to city facilities, and Private, Layer 2 connectivity to city facilities Revenue (lease rate or revenue share) The city will provide: Use of Police Department tower, and up to six other listed vertical assets for placement of Waived encroachment permit fees for work on equipment under terms of agreement Ayera equipment. Ability to use opt-in vertical assets not listed Electricity to all Ayera equipment on City's vertical assets Fiscal Impact: The City's current internet bills are approximately $885 per month or $10,600 per year. With an agreement with Ayera the cost ofinternet will be reduced to $0. Further, the agreement will generate revenue through either al lease payment for use of vertical asset space or ai revenue share model of 15% ofall new Ayera revenue generated. The City's current lease agreement for vertical asset space is $950/month or $11,400/year. The revenue generated through a potential revenue share model would be dependent on the number ofa accounts activated via the partnership. Any generated revenue will go into the City's General Fund. Attachments: 1. City of Escalon City Council Staff Report from September 16, 2024 meeting 2. City of Escalon City Council Staff] Report from November 4, 2024 meeting 3. Draft Agreement with Ayera Technologies, Inc. ATMHMENT - R ITEM - NO. 7 COUNCIL AGENDA ITEM FOR SEPTEMBER 16, 2024 Prepared By: Date: Subject: Jaylen French, Interim City Manager September 3, 2024 Proposals Introduction to Received Proposals from the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Recommendation: Introduce and consider the submitted proposals for the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals (RFP) and consider direction to Citys staff on next steps. Background: The City of] Escalon has multiple locations, each served by the City's computer network to allow for internet, email, camera operations and file access. The City's remote sites, including the Corporation Yard, Wastewater Treatment. Plan, and the Community Center are connected to City Hall via wireless point-to-point radio links. These first links were installed in the early 2000s and have been The point-to-point links are nearing the end of their useful life and are not delivering connections that are strong or fast enough to meet the City's needs. To offer better service and achieve cost savings, many cities are moving away from having their own links and engaging with internet service These agreements became increasingly popular after the 2018 FCC Small Cell Oder that required public agencies to open their assets to private carriers where possible. These agreements have proven highly beneficial to cities, as they reduce the city's capital expense in deploying wireless links, provide service-level agreement backed wireless links for critical City communications, and Over five years this style agreement is expected to save, based upon the full build-out of 20 sites) significant dollars in capital costs and internet service costs. There is additional benefit ofs support and expertise in an established ISP. The system can also be designed to allow for future growth as most applications and hardware come online, including for example traffic cameras, license plate readers, and the City's Supervisory Control and Data Acquisition (SCADA): )system, which controls, upgraded multiple times to meet the City's growing bandwidth needs. providers (ISPs) to provide them with ai managed network solution. provide for the City to receive ai nominal renti in the process. monitors and analyzes the City's water and wastewater systems. Page 150 of1 167 Discussion: Ini mid-2023, the City solicited informal proposals from two local ISPs, EzWave Communications and Ayera Technologies to provide the City with ai managed connectivity solution for its remote sites ine exchange for rent and the use of space on the City's vertical assets, i.e. buildings and/or radio towers) to install radio repeater equipment that allows the company to servel both the City and its residents. Each ISP was given the opportunity to present their proposal to City staff and the City's ITc consultant. City staff and the IT consultant recommended the city move forward with one ofthe ISP due to faster and more reliable connectivity to the City's sites, a symmetric connection, which provides ample bandwidth for all use applications and al larger proposed rent payment. On October 2, 2023, after the above-described Request for Proposal (RFP) process, the Council was set to consider staff's recommendation. Ultimately, due to concerns raised about the process by one oft the proposing ISPs and questions about the end product, the Council directed staff to work with a third-party RFP preparing to ensure ai robust and neutral process. The City later retained Spark Subsequently, in April 2024, the City ofl Escalon (City) invited qualified, available and interested firms to submit written proposals to provide contracted installation and managed operations ofa wireless networking internet services backbone. The stated project objectives from this RFP are: Improve Internet Access: Provide high-speed internet access to underserved areas ofl Escalon, Enhance Connectivity: Establish ai reliable and secure wireless network backbone to support Promote Economic Development: Stimulate economic growth and development by providing Support Municipal Services: Enable the City of Escalon to enhance its municipal services, such as public safety, emergency: response, and administrative operations. Ensure Compliance: Ensure compliance with all relevant regulations, including California state requirements for wireless networking and internet services. Upon the close oft the RFP period, the City received 10j proposals, which fall into various proposal Alliance to perform this work. enhancing connectivity for residents and businesses. data transmission and communication. businesses with access to high-speed internet services. types as outlined below. Five (5) "Project" proposals. These proposals from AirGap Labs, EZWave, Eaton, SmartWave and Calnet constitute an installation project, including the installation of equipment by thej provider at the City's expense. The proposed cost oft these proposals ranges from $62,000 to $380,000. The approach would then cost the City approximately $75,000 to $120,000 in annual maintenance and service. There is some potential to monetize this infrastructure. Page 151 of1 167 One (1) "Citywide Connectivity" proposal. This proposal from T-Mobile constitutes a private connection to T-Mobile's existing network at the City's cost, then a monthly service charge for the use of wireless internet throughout the City and greater connectivity to both physical buildings, remote locations and between physical locations (i.e. in-field connectivity). This proposal is from ai nationally recognized provider which has a significant investment in their equipment, as well as outstanding customer service. T-Mobile anticipates charging the City $600 per month fori internet service to all locations, to start. There are Two (2) No-Cost, No-Monthly Rate proposals. Proposals were received from Ayera and EzWave, two local companies, which utilize the City's vertical assets to improve their ability tos serve the City with reliable and fast internet as well as their existing and future customers. The City would like to explore rent or revenue sharing with these options. One (1)"City is the ISP" proposal. This proposal from SmartFiber Networks sees the City fund a full network of equipment and other related materials at the anticipated cost of$1.99 million, which the City would own. The City could then become an ISP for residents, businesses and others in the area. As proposed, the City would recoup this initial investment through the monthly service charges toi its future customers. There are additional partnership One (1)proposal was rejected for not addressing the needs outlined in the RFP. additional partnership opportunities associated with this proposal. opportunities associated with this proposal. Next Steps The intent ofthis staff report is to introduce the ten (10) received proposals from the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals AND to seek direction from the City Council on which options they may be interested in exploring further. City staff will then begin to evaluate these proposals in greater depth and begin the pre- negotiation process. Iti is during this effort that any service level agreements, speed and reliability standards, and rent or revenue sharing details will be outlined. After City staff has concluded this process, ai final recommendation would be brought before the Council for ai final decision. Anticipated Technical Questions and Answers How much does the City currently pay for internet service? The City pays $886] per month fori internet across all City working sites. Additionally, the City pays $49 per month Is there a tangible difference in speed and reliability across the received proposals? All ISPs that offer wireless Internet services have various technologies employed that offer various scalability and performance caps. The requested bandwidth minimums were set at 500Mbps on synchronous connections, i.e. same speed in both directions. The ISPs that have more bandwidth headroom and infrastructure with planned upgrades and build outs in the future will offer the strongest long-term solution. As the City moves forward in the selection process, a thorough evaluation of each proposal that the City Council is interested in exploring will be completed. This information will be shared with the Council prior to any for internet at the Library. decision to move: forward with aj proposal. Page 152 of 167 ATALHWENT 2 9 R ITEM: NO. COUNCIL AGENDA ITEM FOR NOVEMBER 4, 2024 ORATED 4 Prepared By: Date: Subject: Jaylen French, City Manager October 28, 2024 Consideration of] Proposals from the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals Recommendation: Consider the two submitted proposals for the Installation and Managed Operations of Wireless Networking Internet Services Backbone Request for Proposals (RFP), which Council directed staff toe explore further, and authorize the City Manager to execute an agreement with the selected vendor. Background: The City of Escalon has multiple locations, each served by the City's computer network to allow for internet, email, camera operations and file access. The City's remote sites, including the Corporation Yard, Wastewater Treatment Plan, and the Community Center are connected to City Hall via wireless point-to-point radio links. These first links were installed in the early 2000s and have been The current point-to-point links are nearing the end of their useful life and are not delivering connections that are strong or fast enough to meet the City's needs. To offer better service and achieve cost savings, many cities are moving away from having their own links and engaging with internet service providers (ISPs) to provide them with a managed network solution. These agreements became increasingly popular after the 2018 FCC Small Cell Oder that required public agencies to open their assets to private carriers where possible. These agreements have proven beneficial to cities, as they reduce the city's capital expense in deploying wireless links, provide service-level agreement backed wireless links for critical City communications, and provide Over a five year period, this style agreement is expected to save, based upon the full build-out of20 sites, significant money in capital costs and internet service costs. There is additional benefit of support and expertise in an established ISP. The system can also be designed to allow for future growth as most applications and hardware come online, including for example traffic cameras, license plate readers, and the City's Supervisory Control and Data Acquisition (SCADA)system, which controls, monitors and analyzes the City's water and wastewater systems. upgraded multiple times to meet the City's growing bandwidth needs. for the City to receive rent in the process. Ini mid-2023, the City solicited informal proposals from two local ISPs, EzWave Communications and Ayera Technologies to provide the City with a managed connectivity solution for its remote sites ine exchange for rent and the use of space on the City's vertical assets, i.e. buildings and/or radio towers) to install radio repeater equipment that allows the company to serve both the City and its residents. Each ISP was given the opportunity to present their proposal to City staff and the City's IT consultant. City staff and the IT consultant recommended the city move forward with one oft the ISP due to faster and more reliable connectivity to the City's sites, a symmetric connection, which provides ample bandwidth for all use applications and a larger proposed rent payment. On October 2, 2023, after the above-described Request for Proposal (RFP) process, the Council was set to consider the two (2) ISP proposals. Ultimately, due to concerns raised about the process by one ofthe proposing ISPs and questions about the end product, the Council directed staff to work with a third-party to ensure ai robust and neutral process. The City later retained Spark Alliance to perform Subsequently, in April 2024, the City of Escalon (City) invited qualified, available and interested firms to submit written proposals to provide contracted installation and managed operations ofa wireless networking internet services backbone. The stated project objectives from this RFP are: this work. Improve Internet Access: Provide high-speed internet access to underserved areas of] Escalon, Enhance Connectivity: Establish a reliable and secure wireless network backbone to support Promote Economic Development: Stimulate economic growth and development by providing Support Municipal Services: Enable the City of Escalon to enhance its municipal services, such as public safety, emergency response, and administrative operations. Ensure Compliance: Ensure compliance with all relevant regulations, including California state requirements for wireless networking and internet services. enhancing connectivity for residents and businesses. data transmission and communication. businesses with access to high-speed internet services. Upon the close oft the RFP period, the City received 10 proposals, which fall into various proposal types as outlined below. Five (5) "Project" proposals. These proposals from AirGap Labs, EZWave, Eaton, SmartWave and Calnet constitute an installation project, including the installation of equipment by the provider at the City's expense. The proposed cost oft these proposals ranges from $62,000 to $380,000. The approach would then cost the City approximately $75,000 to $120,000 in annual maintenance and service. There is some potential to monetize this One (1) "Citywide Connectivity" proposal. This proposal from T-Mobile constitutes a private connection to T-Mobile's existing network at the City's cost, then a monthly service infrastructure. charge for the use of wireless internet throughout the City and greater connectivity to both physical buildings, remote locations and between physical locations (i.e. in-field connectivity). This proposal is from ai nationally recognized provider which has a significant investment in their equipment, as well as outstanding customer service. T-Mobile anticipates charging the City $600 per month for internet service to all locations, to start. There are Two (2) No-Cost, No-Monthly Rate proposals. Proposals were received from Ayera and EzWave, two local companies, which utilize the City's vertical assets to improve their ability to serve the City with reliable and fast internet as well as their existing and future customers. The City would like to explore rent or revenue sharing with these options. One (1) "City is the ISP" proposal. This proposal from SmartFiber Networks sees the City fund a full network of equipment and other related materials at the anticipated cost of$1.99 million, which the City would own. The City could then become an ISP for residents, businesses and others in the area. As proposed, the City would recoup this initial investment through the monthly service charges toi its future customers. There are additional partnership One (1)p proposal was rejected for not addressing the needs outlined in the RFP. additional partnership opportunities associated with this proposal. opportunities associated with this proposal. Discussion: On September 16, 2024, the City Council directed staff to further explore the "No-Cost, No-Monthly Rate" proposal type and begin discussions with the two proposers. Subsequently, City staff met with each proposer to discuss each proposal and to better understand the details. A synopsis of each proposal is below. ezWave Solution: Installation ofa 10Gbps fiber optic line to city offices as well as a 10Gbps wireless option using non-line of sight technology (Tarana). Non-line ofs sight technology can provide greater reliability and strength, especially in situations where line ofs sight is blocked. Other details: ezWave was not initially interested in a revenue share model. ezWave indicated they would consider a rental agreement of $800/month with the City for use of the City's vertical assets. Solution: 5Gbps symmetrical wireless option for City Hall and 1Gbps for six (6) secondary locations, and up to 1 Gbps for up to 15 additional locations, using line of sight technology. Private Layer 2 connectivity between all city sites. Ayera technology uses high frequency waves which can produce faster speeds. They further offer enhanced redundancy at their data center site with fiber Other details: Ayera is offering a 15% revenue share agreement from all new accounts generated Ayera connectivity, which leverages third party national or regional fiber providers. from the install ofinfrastructure as part of a future partnership. Fiscal Impact: The City current internet bills are approximately $885 per month or $10,600 per year. With either proposal before the Council the cost ofinternet willl be reduced to $0. Further, either option will generate revenue through a lease term for vertical asset space or a revenue share model. ezWave proposes $800/month or $9,600/yeari for use oft the City's vertical assets. The City's current lease agreement for vertical asset space is $950/month or $11,400/ /y year. The revenue generated through aj potential revenue share model would be dependent on the number ofaccounts activated via the partnership. The City would maintain 15% of the gross revenue from all new accounts. Any generated revenue will go into the City's General Fund. Attachments: 1. City of Escalon City Council Staff Report from September 16, 2024 meeting 2. Ayera Proposal Summary APCMMENT by ANTENNA LEASE AGREEMENT This Antenna Lease Agreement ("Agreement") is entered into this day of 2025, between Ayera Technologies, Inc. (Lessee) and City of Escalon (Lessor), owners of the property designated in Leased Space. This Agreement will supersede any previous agreement in effect as of the Commencement Date. 1. Term The term oft this Agreement shall be for five (5) years commencing on January 1, 2025 ("Commencement Date") and terminating on December 31, 2029 (the "Term") unless otherwise terminated as provided in Paragraph 6, or renewed as provided herein. Lessee shall have the right to extend the Term for up to three (3) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Lessee or Lessor notifies the other party their intent to not renew at least 180 days prior to commencement of the succeeding Renewal Term. 2. Rent and Services provided to Lessor a) Lessee shall pay to Lessor as rent ("Rent") the greater of: Eight-Hundred and 00/100 Dollars ($800.00) per month for the first six months of the agreement and then Nine-Hundred Fifty and 00/100 Dollars ($950.00) per month thereafter (collectively, the "Fixed ii. Fifteen Percent (15%) monthly commission of monthly recurring plan charges on all customers directly served by Leased Space locations ("Revenue Share Rent Option"), whichever one is higher. Rent shall be payable to Lessor at 2060 McHenry Ave, Escalon, CA b) Lessee will, during the term of this Agreement and any option period, include a symmetrical 5-Gbps internet access service Lessor at no cost to Lessor to their 2040 McHenry Ave, Escalon, CA site location for Lessor's internal use and for use by authorized invitees. This connection and service may be used at no cost to Lessor for both Layer 2 connectivity to Lessor's various Secondary and Tertiary L2 Links as well as up to 5-Gbps and no less than 750 Mbps of symmetrical internet access service. A routable public IP subnet up to a /28 (13 assignable C) Lessee shall include Layer 2 connections ("Secondary Site L2 Links") for Rent Option"), OR 95320. IPs) shall be included upon request. the following specific Lessor sites: a. City Hall b. Community Center - Hogan Park Wastewater Treatment Plant 1 d. City Animal Shelter e. City Corporate Yard Weatherization Tower Such Secondary L2 Links will connect back via a Layer 2 handoff to Lessor's equipment in their 2040 McHenry Ave, Escalon, CA site location. Speed of individual Secondary L2 Links will be the lower of 1-Gbps or the maximum speed achievable with installed equipment, with a minimum of d) Lessee shall include Layer 2 connections ("Tertiary L2 Links") for up to sixteen (16) Lessor-designated locations, within Lessee's footprint. Such Tertiary L2 Links will connect back via a Layer 2 handoff to Lessor's equipment in their 2040 McHenry Ave, Escalon, CA site location. Speed of individual Site L2 Links will be the lower of 1-Gbps or the maximum speed achievable with installed equipment, with a minimum of 100-Mbps e) Lessee's antennas, facilities, structures, foundations, pads, cables, conduits and equipment and utilities that Lessee erects, installs and/or uses on or under any of the Leased Space Locations, including all connections, Secondary Site L2 Links, and Tertiary L2 Links as described int this Section 2, as may be modified from time to time in accordance with this Agreement shall be referred to herein as Lessee's "Facilities." f) In connection with the Revenue Share Rent Option, Lessee shall accurately maintain, for a period not less than five (5) years following the close of a fiscal year, all records relating to the annual gross revenue from all sublessees for the rental, license or other occupancy agreement for the use of space and Facilities on or in any Leased Space Location. Lessee shall maintain complete accounting records in accordance with generally accepted accounting principles. Lessor shall have the right, upon thirty (30) days advance notice, to inspect all such records and other like materials of Lessee that reasonably relate to the Revenue Rent Share Option. Such records shall be made available to Lessor for inspection at Lessee's regular place of business or such other mutually agreed location, but in no event outside the County of Sacramento, California. Ifsuch audit discloses an underpayment of the Revenue Rent Share Option, Lessee shall pay to Lessor, within thirty (30) days of written notice from Lessor, the amount of such underpayment, together with interest at the rate of twelve percent (12%) per year computed from the date Lessee should have made the payment. If the underpayment exceeds ten percent (10%) of the amount that should have been paid for any given calendar year, Lessee shall further reimburse the Lessor for the entirety of its audit costs, including, without limitation, auditor's cost and expenses, internal costs and expenses, and legal and other third party expenses. If an audit discloses an overpayment by Lessee, Lessor shall promptly refund the overpayment without interest, or advise Lessee inv writing that it may credit it without interest against future Rent payments owed by Lessee. For purposes of this Section 2, an underpayment or overpayment" shall consist of the difference between 750-Mbps symmetrical speeds guaranteed. symmetrical speeds guaranteed. 2 the sum of the payments made by Lessee and the amounts that should have been paid by Lessee in a calendar year, as determined by the audit. g) Prior to the commencement of any Renewal Term, the parties shall meet and confer in good faith to evaluate additional increases to the Fixed Rent Option. The parties agree that the Rent provided in Section 2(a) shall be amended to be the greater of (1) the Rent provided in paragraph 2(a) as adjusted by paragraph 2(a)() or (2) the fair market rate consistent with the rates for similar uses under leases in Sacramento County at the time of the change in use. Leased Space 3. This is a multi-site lease, with the following locations included as designated Leased Space ("Leased Space Locations"), each including indoor or outdoor rack, wall, or other suitable space ("Shelter Space") for Lessee's power and switching equipment, and up to 5 Amps of 120V (600W) power per month at each location paid for by Lessor via a nearby electrical outlet or panel. Any power used over the included amount will be paid monthly by Lessee at actual cost of power. In the event this monthly power usage amount materially increases, the parties shall meet and confer to modify Lessee's electrical usage payment obligations. Leased Space also includes sufficient space for fiber, Ethernet, and/or Low Voltage power cabling from antennas to Shelter Space at each Leased Space Location. Prior to commencing with the installation, construction, or modification of any Facilities, Lessee will provide Lessor with detailed plans and specifications for Lessor's review and approval. Lessor's approval may not be unreasonably withheld, conditioned, or delayed. Lessee may not install any Facilities or equipment or otherwise intensify, expand, or alter its use of any Leased Space Locations without Lessor's prior written consent, a) 2040 McHenry Ave, Escalon, CA 95320 ("Police Department"). Approximately 25 vertical feet of space on upper and/or middle portions of existing freestanding 120' tower for Lessee's various antennas and supporting equipment. Maximum Effective Projected area (EPA) of antennas shall not exceed twenty-four sq. ft. Approximate latitude / longitude of Police Department tower is 31.786786/-120995/13 b) 2103 Main Street, Escalon, CA 95320 ("Corp Yard"). Approximately 12 vertical feet of space on upper portions of existing freestanding 50' tower for Lessee's various antennas and supporting equipment. Maximum Effective Projected area (EPA) of antennas shall not exceed eight sqft. Approximate latitude I longitude of Corp Yard tower is 37.791468 1- 120.989209. Lessee, if determined that structural stability and load capacity of tower is not adequate, at its sole option and with Lessor approval, may replace the existing freestanding 50' tower with a new 60' freestanding Rohn 45GSR tower. Lessor shall assist with obtaining and pay for any required City permitting costs for the Corp Yard site, if outside agency permits are required, the parties shall discuss responsibilities of cost prior to seeking permit, and Lessee shall pay all materials and installation costs for such a replacement tower, which will be Lessee's property during the Term of this Agreement, and will become the sole which may be granted or denied in Lessor's sole discretion. 3 property of the Lessor upon the expiration or earlier termination of this 1055 Escalon Ave, Escalon, CA 95320 ("Community Center"). Sufficient rooftop space for Lessee's non-penetrating base of type Rohn 25GBRM or similar and mast of type Rohn 25G or similar not to exceed 12' tall for Lessee's various antennas and supporting equipment. Lessee shall take care to ensure the visibility of installed mast and equipment is kept to a minimum from pedestrian common areas around the Community Center. Community Center base and mast anticipated location's atitudel/longitude d) At Lessee's request, and with Lessor's explicit approval for each, Lessee may install a small cluster of antennas not to exceed 5 sq. ft in total area e) At Lessee's request, and with Lessor's explicit approval for each on a case by case basis, Lessee may install a small cluster of antennas not to exceed 3 sq ft in total area on the City's various light poles, traffic lights, or other vertical assets ("Additional Vertical Assets") throughout the City. Lessor's encroachment permit fees, if any, shall be waived for initial installation, ongoing maintenance, or removal of Lessee equipment on such Additional Vertical Assets, provided that Lessor's foregoing waiver of permitting costs will be limited to a maximum of $300 for each Agreement. is3 3/803052/120997415. on any of the City's Tertiary L2 Link locations. Additional Vertical Asset. 4. Installation, Maintenance and Operation of Equipment a) Lessee shall be responsible for the cost of all installation expenses. Lessor shall be responsible for all permit costs, if any, needed for the installation of Facilities or equipment in Leased Space Locations, provided that Lessor's contribution for permitting costs will not exceed $300. Lessee understands that cable runs may require roof, wall or parapet penetrations and that Lessee shall properly seal such b) Lessee's employees or designated contractors that climb the various masts at the Leased Space Locations must have Competent or Authorized Climber certification issued from a reputable Tower Safety & Rescue Training Program such as Comtrain. All appropriate safety Lessee will, during the term of this Agreement and any option period, have the right to ingress and egress with no less than 48 hours' notice to Lessor, except in the case of emergencies, in which case notice will be provided as soon as reasonably practicable. Such right shall be limited to authorized engineers of Lessee or persons under Lessee's direct supervision. Such approval shall not be unreasonably withheld. In the event any of the Leased Space Locations is restricted and/or locked by Lessor personnel, Lessee and its contractors, subtenants, sublessees, or invitees must use the Lessor's penetrations. measures must be taken when climbing masts. 4 gates and other access control devices as may be updated from time to time int the Lessor's sole discretion. d) Lessee shall, at its sole cost and expense, repair any damage Lessee or its contractors, subtenants, sublessees, or invitees may cause to the Leased Space Locations. Upon Lessor's written request, Lessee shall repair any such damage at its sole expense within thirty (30) days of receipt of such notice. In the event Lessee damages the rooftop or roof support structures of any Lease Space Location, Lessee must comply with Lessor's roof warranty policy to complete the repair and shall use any qualified roofing contractor as specified by the roof warranty policy. IfLessee fails to comply with this Section, the Lessor may complete or cause to be completed the work, and Lessee shall reimburse Lessor for such invoiced costs within thirty (30) days of receipt. Taxes 5. Lessor hereby provides notice pursuant to California Revenue and Taxation Code Section 107.6, and Lessee acknowledges that this Agreement may create ap possessory interest and Lessee may be subject to property taxes levied on such interest, as described in California Revenue and Taxation Code Section 107. If personal property taxes are assessed, Lessee shall pay any portion of such taxes directly attributable to the Lessee Facilities. Except as provided immediately below, Lessor shall pay all real property taxes attributable to the land. Lessee shall reimburse Lessor for any increases in real property taxes which are assessed as a direct result of Lessee's improvements to the land. As acondition of Lessee's obligation to pay such tax increases, Lessor shall provide tol Lessee the documentation from the taxing authority, reasonably acceptable to lessee, indicating the increase is due to Lessee's improvements. 6. Termination This Agreement shall be in effect for the dates and time periods stated herein. Upon expiration or earlier termination of the Lease, Lessee will remove all equipment installed on the Leased Space Locations within 60 days without damage to Lessor's property. Any equipment or property remaining following the 60 day removal period shall be deemed abandoned by the Lessee and Lessor shall have the right to dispose of such property as it deems appropriate. Lessee shall repair any damage caused by its installation, maintenance or removal of its equipment and other personal property to the original building condition. During the term of the Agreement, Lessor will not grant a license to any other party which would interfere with Lessee's use of the premises as contemplated herein. This Agreement may be terminated without further liability as follows: a) By either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, provided that the grace period for any monetary default is ten (10) days from receipt of notice. 5 b) By Lessor, for any reason, within 120 days of the start of this Agreement c) By Lessor if Lessee damages Lessor's property in any such way and does not repair within sixty (60) days of receipt of written notice. 7. Indemnification To the furthest extent allowed by law, Lessee does hereby indemnify, hold harmless, and defend Lessor and its officers, officials, employees, agents and volunteers from any loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by Lessor, Lessee, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses) which may arise against Lessor by reason of any occurrence attributable to the construction, installation, operation or maintenance of Lessee's Facilities or Lessee's performance of, or failure to perform this Agreement. Except if caused by the gross negligence or misconduct of Lessor or its employees, agents or representatives, Lessor shall not have any obligations or liability with respect to the Lessee's Facilities or any obligation to comply with any current or future enacted laws or regulations relating thereto. Lessee's construction, installation, maintenance and use of its Facilities shall be at its own risk and expense. Insurance 8. Lessee, at Lessee's sole cost and expense, shall procure and maintain on the Leased Space Locations and on the Lessee Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Lessee, its employees and agents arising out of or in connection with Lessee's use of Leased Space Locations, all as provided for herein. Lessor shall be named as an additional insured on Lessee's policy. Lessee shall provide to Lessor a certificate of insurance evidencing the coverage required by this paragraph within ten (10) days of written request by Lessor. 9. Assignment and Subletting a) This Agreement, or the lease interest of Lessee in the Leased Space Locations, shall not be assigned by Lessee except with the prior written consent of Lessor which consent may be withheld in the Lessor's sole discretion. Requests for consent to assignments shall be submitted to b) Lessee may, without Lessor's consent but upon at least sixty (60) days prior written notice to Lessor, from time to time assign this Agreement in its entirety (i) to any entity which has, directly or indirectly, a fifty-one percent (51%) or greater interest in Lessee (a "Parent"), or to any entity in which Lessee or a Parent has a fifty-one percent (51%) or greater interest. Any such assignment shall not be effective unless and until the assignee Lessor to the address set forth in Section 2(a). 6 executes and delivers to Lessor a written assumption of all Lessee's C) Lessee shall not sublease any of the Leased Space Locations. Any attempted or unauthorized assignment or sublease shall be void and shall be cause for immediate termination of this Agreement by Lessor. The acceptance of Rent by Lessor from any person other than Lessee or an authorized assignee shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment shall not be deemed consent obligations under this Agreement. toany subsequent assignment. 10. Prior Communications Facilities, Lessor Communications Systems; a) Lessee acknowledges and understands that there may be communications facilities on property upon which any Leased Space Location is located belonging to one or more third parties (referred to as the "Prior User(s)") that have entered into an agreement(s) (the "Prior Use Agreement(s)") with Lessor, pursuant to which the Prior User(s) has(ve) been permitted to install and operate communications equipment on Lessor's property. Where applicable, Lessee represents and warrants that prior to the execution of this Agreement, Lessee has determined that the Prior Users present no material interference with Lessee's intended use of any of the Leased Space b) Lessee shall operate its Facilities in a manner that will not cause harmful interference to () Lessor's use of any of its property upon which any Leased Space Location is located, (i) any equipment or facilities owned or operated by any government agency, or (ii) any communications equipment operated and/or owned by the Prior User(s) as of the Commencement Date, provided that the Prior User(s) operates its communications equipment in accordance with the terms of the Prior Use Agreement(s). If Lessee's Facilities cause such harmful interference, Lessee will immediately take all steps necessary to correct and eliminate the interference, including but not limited to, at Lessee's option, powering down such equipment and later powering up such equipment for intermittent testing. If such interference cannot be corrected or powered down within two (2) days after Lessee is advised of such interference, Lessor may require that Lessee cease (or cause the cessation of) operation of the interfering equipment until such interference can be sO corrected at which time the operation of such equipment may resume. Lessee further acknowledges that Lessor assumes no risk or liability for any interference with Lessee's use of the Leased Space Locations which results from the operation of communications equipment on property upon which any Leased Space Location is located by the Prior User(s) under the Prior Use Agreement(s) and agrees that Lessor shall be held harmless from claims due to any such interference, pursuant to the indemnification terms Noninterference Locations. set forth in Section 7 herein. 7 d) Lessor reserves the right to license or lease other portions of the property upon which any Leased Space Location is located to third parties during the Term and any Renewal Term, if applicable. Any subsequent third party operating communications facilities on any property upon which Lessee's Facilities are located shall be subject to non-interference obligations materially similar to those of Lessee set forth in this Section 10, such that those facilities will not operate in a manner that will cause harmful interference to Lessee's Facilities. If, subsequent to the installation of Lessee's Facilities at that Leased Space Location, the new third party equipment on the property causes harmful interference with the Lessee's Facilities, Lessee shall use its best efforts to resolve the interference issues in cooperation with the owner and operator of the new equipment without involving Lessor personnel. The parties recognize and agree that it is the intention of this Section 101 that Lessor not become embroiled in any disputes or proceedings between Lessee and any other users of the property upon which any Leased Space Location is located, and/or expend funds as a result thereof; therefore, Lessee agrees to indemnify, defend, and hold harmless the Lessor against any claim related to or arising from any disputes or proceedings between Lessee and any other users of the property upon which e) Should Lessee be notified by any government agency of any violation relating to the Leased Space Locations or Lessee's Facilities, it must share said notice with Lessor within five business days of notice and Lessee shall provide Lessor documentation from the government agency that Lessee has cured the default. Lessee shall indemnify Lessor and hold it harmless from all expenses, costs, damages, loss, claims or other expenses and liabilities arising from any interference caused by Lessee's failure to comply with FCC or FAA rules and regulations that is not curtailed within thirty (30) days after Lessee receives written notice of such interference from Lessor. Lessee shall be responsible for all costs associated with any tests deemed necessary to resolve any and all interference as set forth in this License. If such interference caused by Lessee's failure to comply with FCC or FAA rules and regulations has not been corrected within thirty (30) days after Lessee receives notice thereof from Lessor, Lessor may require Lessee to remove the specific items from the Facilities causing such interference. Nothing contained in this Section 10 or elsewhere in this Agreement is intended to confer any rights or remedies under, or by reason of this Agreement on, or waive any claims against, or adversely affect any rights of, any Leased Space Location is located. any person or entity other than the parties hereto. 11. Miscellaneous a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. 8 b) Ifany provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable toi the fullest extent permitted by law. This Agreement shall be binding on and inure to the benefit of the successors, transferees of title, and permitted assignees of the respective d) This Agreement shall be governed by the laws of the State of California. e) In addition to compliance with specific laws otherwise described in this Agreement, Lessee shall comply, and will ensure that its contractors and representatives will comply, with all applicable regulations and requirements of the FCC and the California Public Utilities Commission, and all other applicable federal, state and local laws, ordinances, rules and regulations, including health and safety requirements, pertaining to the construction, installation, operation and maintenance of the Lessee's Facilities and work on the property upon which any Leased Space Location is located during the Term or any Renewal Term, and in conjunction with any activities undertaken on the property upon which any Leased Space Location is located by Lessee either prior to the Commencement Date, or after expiration of this Agreement. Requirements of the federal Occupational Safety and Health Administration (OSHA) and the California Division of Occupational Safety and Health (CAL-OSHA), whichever is stricter, shall be adhered to at all times during any activities on property upon which any Leased Space Location is located by Lessee and its contractors or other representatives. Lessee shall have a safety and injury prevention program in place for the construction, installation, operation and maintenance of its Facilities and work on the Leased Space Locations, if required by laws or regulations. If required by law or regulation, a copy of any such program shall be on the parties. Leased Space Locations at all times INV WITNESS WHEREOF, the parties have executed this Agreement as of the date first above noted. Any notice or demand required to be given herein shall be made to the address of the respective parties set forth below: Lessee: Ayera Technologies, Inc. P.O. Box 576846 Modesto, CA 95357 Signature: Name: Mathew Ford Title: CEO Date: Lessor: City of Escalon 1060 McHenry Ave Escalon, CA 95320 Signature: Name: Title: Date: 9 OA - ITEMI NO. 5 ORATED MARCN Prepared By: Date: Subject: COUNCIL AGENDA ITEM FOR JANUARY 6, 2025 Jaylen French, City Manager December 20, 2024 Consider Approving the Appointment of Councilmembers to the Established City of] Escalon Council Committees and/or Commissions Recommendation: Commissions. Consider and appoint Councilmembers to the established City of] Escalon Council Committees and/or Background and Discussion: Each. January, aftera General Municipal Election, the City Council considers and appoints councilmembers tot the established City of Escalon Council Committees and/or Commissions to serve for thei next two years. Exhibits: 1. Council Appointments List EXHIBIT - - CITY OF ESCALON CITY COUNCIL APPOINTMENTS LIST Reviewed & Approved 1/6/2025 2+2CITY/SCHO0LDISTRICT COMMITTEE PROCESS: Two Councilmembers, plus one Alternate to be appointed by the Mayor/City Council. MIEETING DATE & LOCATION: TBD Currently: TBD Currently: 2nd Thursday of each month at 8:00a.m. Escalon Unified School District, 1520 Yosemite. Avenue, Escalon Date Appointed 01/17/2023 Term Expires January 2025 Incumbent Andrew Hagan Shawn Strohman Malinda Walker Category City Representative City Representative City Alternate 01/17/2023 January 2025 01/17/2023 January 2025 2+2CITY/FIRE DISTRICT COMMITTEE PROCESS: Two Councilmembers, plus one. Alternate tol be appointed by the Mayor/City Council. MEETING DATE & LOCATION: TBD TBD Date Appointed Term Expires Representative Category 0O QUALIFICATIONS: Two representatives to be appointed by the Escalon Mayor/City Council. MEETING DATE & LOCATION: Meets on an as needed basis. Established on September 30, 2009 by the City Council to review personnel policies and guidelines and provide City Manager direction tol bring recommendations to the full Council for consideration. This committee has no. jurisdiction over employees and cannot recommend discipline of an employee, pursuant to the City's current form of government, as well as the established Personnel System Rules and Regulations, and negotiated Memorandum ofUnderstandings. City Hall 20601 McHenry Ave, Escalon CA 95320 Date Appointed Term Expires Incumbent David Bellinger Jeremy Engle Category City Representative City Representative 01/17/2023 January 2025 01/17/2023 January 2025 PROCESS: Two representative to be appointed by thel Escalon Mayor/City Council. MEETING DATE & LOCATION: Meetings held on an as needed basis. City Hall 2060N McHenry Ave Escalon CA 95320 Date Appointed Term Expires Incumbent Andrew Hagan David Bellinger Category City Representative City Representative 01/17/2023 January 2025 01/17/2023 January 2025 CENTRAL) VALLEYDMISION LEAGUEOFCALIFORNA CITIES EXECUTIVE COMMITTEE PROCESS: Representative and Alternate tol be appointed by the Escalon Mayor/City Council. MEETING DATE & LOCATION: ort thel Executive Committee may direct. AsI needed. Regular meetings oft the Executive Committee ofthel Division shall bel held at such times and places as the President Date Appointed Term Expires Incumbent Shawn Strohman David Bellinger Category City Representative City Alternate 01/17/2023 January 2025 01/17/2023 January 2025 INTEGRATED WASTE MANAGEMENT COMMITTEE PROCESS: Representative and Alternate tol be appointed by the Escalon Mayor/City Council. Membership is comprised of an elected Council member from each oft the cities in San. Joaquin County and a member ofthel Board of Supervisors. MEETING DATE & LOCATION: Meetings held as needed. Conference Room 1868 East Hazelton Stockton, CA 95205 Date Appointed Term Expires Incumbent Andrew Hagan Shawn Strohman Category City Representative City Alternate 01/17/2023 January 2025 01/17/2023 January 2025 LOCALAGENCY FORMATION COMMISSIONILAFCO) PROCESS: Board of Supervisors: selects twol LAFCo Commissioners from their owni membership. City Selection Committee consisting ofMayors ofall7 Cities within the County select 2I LAFCo Commissioners from City Council Members of all such Cities. The 41 Members sO selected, select another Commissioner to represent the General Public. The three above categories each have an Alternate Member selected in the same manner. Representative tol be appointed by thel Escalon Mayor/City Council. MEETING DATE & LOCATION: 2nd Thursday of each month at 9:00 a.m. Board of Supervisors Chambers 441 N. San Joaquin Street, 6TH Floor Stockton, CA 95205 Date Appointed Term Expires Incumbent NONE Category City Representative Escalon will rotate off the Commission 5/03/2021 and will not bei rotated back on until May 7,2029. ANJOAQUINCOUNTY ADVISORYWATERCOMMISSION PROCESS: Representative and Alternate tol be appointed by thel Escalon Mayor/City Council, then confirmed/approved by the San. Joaquin Board of Supervisors. Term lengths are 4 years. MEETING DATE & LOCATION: Publicl Health Conference Room 1601 E. Hazelton Stockton, CA 95205 3rd' Wednesday of each month at 1:00 p.m. or special meetings ifr required. Date Appointed 01/17/2023 01/17/2023 Term Expires 02/25/2024 02/25/2024 Incumbent Jeremy Engle Malinda Walker Category City Representative City Alternate SANJOAQUINCOUNCILOFGOVERNMENTS/SJCOG) BOARDOFDIRECTORS PROCESS: Thel Board ofDirectorsi is composed ofcity council members and county supervisors, appointed by the member jurisdictions. Supplementing these voting members are advisory representatives from Caltrans District 10, San. Joaquin Regional Transit District, and thel Port ofStockton. Board members serve multi-year terms and may be reappointed. The chair and vice-chair, elected by voting members of SJCOG, serve one-year terms. Representative to be appointed by the Escalon Mayor/City Council. MEETING DATE & LOCATION: 4tThursday oft the month at 4:00j pm (Executive Committee 3rd Friday of every month at 12:00 p.m.) SJCOG Regional Center 555 E. Weber Avenue Stockton, CA 95202 Date Appointed Term Expires Incumbent David Bellinger Category City Representative 01/17/2023 January 2025 SANJOAQUINVALLBYUNIFIED AIR POLLUTIONCONTROLDISTRICT CITY SELECTION COMMITTEE PROCESS: The Special City Selection Committee consists of one member selected by ai majority vote ofthe council ofeach city located within thel District. An alternate can bes selected to attend ifthe primary memberi is unable to attend ai meeting. Representative and Alternate tob be appointed by thel Escalon Mayor/City Council MEETING DATE & LOCATION: Meetings are called on an as needed basis. Meetings are teleconferenced between the following three locations: Fresno Office 19901 E. Gettysburg Ave Fresno, CA 93726 Modesto Office 4800 Enterprise Way Modesto, CA95356 Bakersfield Office 34946 Flyover Court Bakersfield, CA 93308 Date Appointed Term Expires Incumbent Andrew Hagan David Bellinger Category City Representative City Alternate 01/17/2023 January 2025 01/17/2023 January 2025