City of Patterson Page 1 Updated 1/13/2022 12:53 PM
Agenda
City of Patterson
City Council Regular Meeting
January 18, 2022
7:00 PM
VIA ZOOM TELECONFERENCE
TO AVOID THE SPREAD OF THE COVID VIRUS, THIS COUNCIL MEETING WILL BE HELD IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54953 (e) AND OTHER PROVISIONS OF THE RALPH M. ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), PATTERSON CITY COUNCIL RESOLUTION NO. 2021-58 AND THE FEDERAL AMERICANS WITH DISABILITIES ACT.
THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC. ALL
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THE MEETING WILL BE TELEVISED OR AVAILABLE FOR PUBLIC VIEWING ON COMCAST CABLE CHANNEL 7 ON THE FOLLOWING DAYS: WEDNESDAY AT 3:00 P.M., FRIDAY AT 8:00 P.M. AND SATURDAY AT 12:00 P.M. OR WATCH ON INTERNET VIMEO LINK: https://vimeo.com/channels/patterson/
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (209) 895-8014. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] The City Council agenda and supporting public documents are available for viewing in City Hall, Administration Department, 1 Plaza, 2nd Floor, Patterson, California, during normal business hours. The City Council agenda and supporting public documents are also available online on the City web site www.ci.patterson.ca.us listed under Popular Links “City Council Agendas” or please call or email the City Clerk at (209) 895-8014 or [email protected]
If you wish to be notified of future City Council Meetings, please visit our web site www.ci.patterson.ca.us go to Popular Links “City Council Agendas” and Subscribe to “RSS” ═══════════════════════════════════════════════════════════════ City of Patterson Page 2 Updated 1/13/2022 12:53 PM
1. Call to Order
2. Pledge of Allegiance
3. Statements of Conflict
4. Items from the Public
Any member of the audience desiring to address the Council regarding a matter on the agenda, please raise your hand or if using the zoom app or by pressing *9 on you cell phone at the time the item is announced by the Mayor. The public wishing to address the Council on items that do not appear on the agenda may do so; however, Council will take no action other than referring the item to staff for study and analysis and shall place item on a future agenda (Resolution 92-25) In order that all interested parties have an opportunity to speak, any person addressing the Council will be limited to a maximum of five (5) minutes unless the Mayor grants a longer period of time (Resolution 92-25)
Please State Your Name and City for the Record.
5. Consent Calendar
All items are approved by a single action. Any item may be removed from the Consent Calendar for separate discussion upon request from a member of the Public, Staff and/or Councilmember.
5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
5.2. Approve Minutes of Special Meeting/Closed Session - December 7, 2021 (6:00 PM)
5.3. Approve Minutes of Regular Meeting - December 7, 2021 (7:00 PM)
5.4. Minutes of the December 18, 2021 City Council Meeting
5.5. Approval of Surplus City Vehicles and/or Equipment/Items FY 2021/2022
5.6. Rejecting all bids for the Patterson Urban Bicycle Trail Project at Salado Creek Project and direct staff to re-advertise at a later date.
5.7. Approve Resolution No. 2022-03, Authorizing the Submittal of Application(s) for all CalRecycle Grants for which the City of Patterson is Eligible.
6. Presentation
6.1. 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) - Isael Ojeda, Stanislaus Council of Governments (StanCOG) Senior Planner
6.2. Coronavirus COVID-19 Update - City Manager Irwin
7. City Staff Reports
City of Patterson Page 3 Updated 1/13/2022 12:53 PM
7.1. City Attorney - Motion to Approve Second Reading and Adoption of Ordinance No. 859, reading by title only, waiving further reading, An Ordinance of the City Council of the City of Patterson approving a Development Agreement with the Applicant for the Baldwin Ranch North Project.
Staff Report: City Attorney Goldstein
Council: Motion to Approve Second Reading of Ordinance No. 859, reading by title only, waving further reading.
Council: Motion to Adopt Ordinance No. 859,
reading by title only, waiving further reading.
7.2. City Manager - Approve the proposal from RRM Design Group to prepare the Downtown Master Plan and authorize staff to enter into a negotiated Consultant Agreement on a time and materials basis not to exceed cost/budget of $330,000.00 including a 10% contingency to cover selected value-added tasks or unforeseen project expenses as requested by the City.
Staff Report: City Manager Irwin
7.3. Finance - Motion to Adopt Resolution No. 2022-01, authorizing the establishment of the PARS Post-Employment Benefits Trust Program which could be used to pre-fund pension and retiree health care obligations and Authorize the participation in the PARS Post-Employment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank, appointing the City Manager as the City’s Plan Administrator, and authorizing the City Manager to execute the documents to implement the Progr Staff Report: Finance Director Ryan
Council: Motion to Adopt Resolution No. 2022-01
7.4. Finance - Adopt a Resolution No. 2022-02, approving the Pension Funding Policy.
Staff Report: Finance Director Ryan
Council: Motion to Adopt Resolution No. 2022-02
8. City Council Reports
A. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) B. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
City of Patterson Page 4 Updated 1/13/2022 12:53 PM
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) C. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
E. Mayor McCord
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)
9. Other Matters
10. Adjournment
DECLARATION OF POSTING
I, Aracely Alegre, Acting City Clerk of the City of Patterson, California do hereby declare that the foregoing notice was posted on the Bulletin Board at City Hall, 1 Plaza, Patterson, California on Jan. 13, 2022.
The Agenda is also posted for public view on the Bulletin Boards of the Hammon Senior Center, 1033 W. Las Palmas, Patterson, the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.ci.patterson.ca.us Aracely Alegre, Acting City Clerk
City of Patterson
Direct No. (209) 895-8012
Email [email protected]
City of Patterson Page 1 Updated 1/12/2022 12:18 PM
City Of Patterson
Special Meeting/Closed Session Minutes
December 7, 2021
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Maricela Vela
1. Call to Order
The City Council will adjourn to Closed Session to address the following:
b. City Clerk Appointment - Pursuant to Government Code Section 54957.
Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
The special (Closed Session) meeting of the City Council of the City of Patterson was called to order in the City of Patterson, City Council Chambers, 1 Plaza, Patterson at 6:00 p.m. by Mayor McCord.
City Staff Present:
1. City Manager Irwin
2. City Attorney Goldstein
2. Statements of Conflict
None.
3. Items from the Public
None.
4. Adjourn to Closed Session
5.2 Packet Pg. 5
Minutes Acceptance: Minutes of Dec 7, 2021 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 1/12/2022 12:18 PM
City Council adjourned to Closed Session at 6:04 p.m.
5. Report from Closed Session (if any)
In regards to litigation, City Council provided direction to staff.
In regards to City Clerk appointment, there was nothing to report.
6. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of December 7, 2021 was adjourned at 7:00 p.m.
Approved by the Patterson City Council on January 18, 2022.
5.2 Packet Pg. 6
Minutes Acceptance: Minutes of Dec 7, 2021 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 1/12/2022 12:15 PM
City Of Patterson
Regular Meeting Minutes
December 7, 2021
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Maricela Vela
1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
The regular meeting of the City Council of the City of Patterson was called to order in the City of Patterson, City Council Chambers, 1 Plaza, Patterson at 8:19 p.m. by Mayor McCord.
City Staff Present:
1. City Manager Irwin
2. City Attorney Goldstein
3. IT Manager Ford
4. City Engineer Ulloa
5. Public Works Director Willett
6. Public Works Management Analyst Encinas
7. Human Resources Director Smith
8. Community Development Director James
9. Public Works Deputy Director of Regulatory Compliance & Administrative Services Delgado
10. Finance Director Ryan
11. Public Works Management Analyst Guluarte
12. Recreation & Community Services Director Flanders
13. Deputy City Clerk Alegre
14. City Clerk Vela
2. Pledge of Allegiance
5.3 Packet Pg. 7
Minutes Acceptance: Minutes of Dec 7, 2021 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 1/12/2022 12:15 PM
3. Statements of Conflict
None.
4. Items from the Public
Patterson Resident - addressed the City Council reading letter to Mayor McCord, speaking against Mayor McCord, requesting for his resignation from the City and School.
Ms. Hamilton, Patterson - addressed the City Council speaking against Mayor McCord, requesting for his resignation.
Emily Green, Patterson - addressed the City Council speaking against Mayor McCord, stating sexual harassment, requesting for his resignation.
Troy McCormack, Patterson - addressed the City Council on the items of Covid-19, Patterson and requesting Mayor McCord to step down.
Tim Benefield, Patterson - addressed the City Council requesting to hear (statement) from Mayor McCord.
Nicole Angeles, Patterson - addressed the City Council on the following; posting on the website requirements to attend in-person council meetings, requesting an outside third party to look into the allegations regarding Mayor McCord, on website requirements/guidelines when can or cannot attend a city council meeting, where to find information, Patterson Irrigator newspaper article.
Monica Della Maggiore, Patterson - addressed the City Council on how to attend a City Council meeting, just wanted to let the public know. Subscribing to get notices (agendas) when City Council meetings take place.
Kristina McCormack, Patterson - addressed the City Council speaking against Mayor McCord, addressed Mayor McCord being her math teacher when she was in High School, requesting for Mayor McCord to step down.
Mr. Walker, Patterson - addressed the City Council speaking against Mayor McCord, the investigation, Mayor McCord's statement of "I wish I was there". requesting for Mayor McCord to step down.
At 7:38 p.m. Mayor McCord closed the Agenda items from the Public.
5. Consent Calendar
Councilmember Farinha move to approve Consent Calendar Items 5.1 through 5.11.The motion was seconded by Councilmember Parham and approved by a 5-0 roll call vote.
RESULT: ADOPTED
MOVER: Farinha
SECONDER: Parham
AYES: McCord, Alves, Parham, Farinha, Homen
5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.
5.2. Approve Minutes of Regular Meeting - October 19, 2021 (7:00 PM)
5.3. Approve Minutes of Special Meeting/Closed Session - November 2, 2021 (6:00 PM)
5.4. Approve Minutes of Regular Meeting - November 2, 2021 (7:00 PM)
5.5. Approve Minutes of Special Meeting - November 8, 2021 (6:00 PM)
5.3 Packet Pg. 8
Minutes Acceptance: Minutes of Dec 7, 2021 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 1/12/2022 12:15 PM
5.6. Approve Minutes of Regular Meeting - November 16, 2021 (7:00 PM)
5.7. Authorize the City Manager or Designee to Approve the Purchase in the amount of $498,938.41 and Award Contract to Owen Equipment for a Vacuum Truck Utilizing Sourcewell Multi-State Purchasing Program.
5.8. Motion to Approve Resolution No. 2021-59 Approving the Drinking Water State Revolving Fund (DWSRF) Loan Funding Agreement in the Amount of $4 Million and Authorize the City Manager to Execute all Documents Related to DWSRF Project No. 5010017-001C and Approving the Purchase of up to 6,000 water meters and technology to complete the metering system AMR to AMI retrofit to improve water utility management and efficiency.
5.9. Approve Resolution No. 2021-60 Authorizing the City Manager to Prepare a Complete DWR Grant Application, to Accept Grant Funding Approval, and Execute the DWR Grant Application Funding Agreement Upon Approval for the City of Patterson DWR Grant Application Project.
5.10. Approve the Professional Management-Mid Management Employees Association (PMMEA) Memorandum of Understanding (MOU) and Salary Schedule Effective July 1, 2021, through June 30, 2022.
5.11. Approve for the Establishment of a Full-Time Confidential Program Manager Classification, Job Description and Salary Range.
6. Presentation
6.1. Presentation - Stanislaus Animal Services Agency, Animal Services Annual Report (Annette Bedsworth, Executive Director, Stanislaus County Animal Services)
Annette Bedsworth, Executive Director with Stanislaus County Animal Services reviewed her report - Power Point presentation.
City Council addressed the following:
- Community Cat Program
- Vouchers, no limit, must pick up voucher in person
- cat trap, services
Patterson Resident - addressed her missing cat, best friends pet resort, trapping cats, adoption.
7. Public Hearing
7.1. Public Works Department - Motion to approve Second Reading & Adoption of Ordinance No. 858, reading by title only, waiving further reading, an Ordinance of the City of Patterson, Amending the Patterson Municipal Code, adding Chapter to Title “Mandatory Organic Waste Disposal Reduction Ordinance” to Establish Compliance with SB1383 Requirements.
Mayor McCord read Ordinance No. 858, reading by title only, waiving further reading.
5.3 Packet Pg. 9
Minutes Acceptance: Minutes of Dec 7, 2021 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 1/12/2022 12:15 PM
Public Works Director Willett reviewed his staff report.
At 8:06 p.m. Mayor McCord opened the Public Hearing to public comments.
There were no public comments.
Councilmember Homen moved to approve Second Reading of Ordinance No. 858, reading by title only, waiving further reading. The motion was seconded by Mayor Pro Tem Farinha and unanimously approved by a 5-0 roll call vote.
Councilmember Parham moved to adopt Ordinance No. 858, reading by title only, waiving further reading. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.
RESULT: APPROVED
MOVER: Parham
SECONDER: Homen
AYES: McCord, Alves, Parham, Farinha, Homen
8. City Staff Reports
8.1. City Attorney - Motion to Adopt WPFA Resolution No. 2021-03 Authorizing the Second Series of Bond Proceeds from CFD 2018-1 to Reimburse Landowners in the Villages Development Project for Eligible Improvements.
City Attorney Goldstein reviewed her report.
At 8:09 p.m. the Patterson City Council adjourned to the West Patterson Financing Authority.
Mayor McCord called the meeting to order at 8:09 p.m.
At his time, Secretary Vela call roll call.
All (5) Members Present:
1. Member Dennis McCord
2. Member Dominic Farinha
3. Member Cynthia Homen
4. Member Shivaugn Alves
5. Member Alfred Parham
Motioned to continue item to December 21, 2021 Regular City Council meeting.
At 8:10 p.m. the West Patterson Financing Aurthority adjourned to the Patterson City Council.
9. City Council Reports
5.3 Packet Pg. 10
Minutes Acceptance: Minutes of Dec 7, 2021 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 1/12/2022 12:15 PM
A. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) Nothing to report.
B. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
Nothing to report.
. Hazardous Waste Advisory Committee (Mayor McCord alternate) Nothing to report.
. Stanislaus County Disaster Council (Mayor McCord alternate) Nothing to report.
C. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) Nothing to report.
D. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
Meeting scheduled in January.
Attending StanCOG meeting, addressed roads, meeting in person. . San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
Nothing to report.
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
Nothing to report.
E. Mayor McCord
. Stanislaus County Mayor's Meeting
Nothing to report.
. StanCOG (Councilmember Homen alternate)
Nothing to report.
5.3 Packet Pg. 11
Minutes Acceptance: Minutes of Dec 7, 2021 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 1/12/2022 12:15 PM
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)
Nothing to report.
10. Other Matters
Mayor Pro Tem Farinha addressed the Christmas parade and float.
City Manager Irwin made a statement on the City of Patterson float taking 2nd Place on Parade.
Councilmember Alves thanked City of Patterson staff for the beautiful float, needs person for downtown revitalization committee and Hammon senior center Board vacancies.
Councilmember Parham addressed City float and encouraged member of the public to attend city council meetings.
City Manager Irwin addressed City Clerk Vela's retirement and the projects she accomplished such as launching City of Patterson's website, being the elections official, and implementing a records retentions policy. He presented a plaque to City Clerk Vela.
11. Adjournment
There being no further business, the regular meeting of the City Council of Patterson of December 7, 2021 was adjourned at 8:19 p.m.
Approved by the Patterson City Council on January 18, 2022.
5.3 Packet Pg. 12
Minutes Acceptance: Minutes of Dec 7, 2021 7:00 PM (Consent Calendar) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Aracely Alegre, Deputy City Clerk
MEETING DATE: January 18, 2022
ITEM NO: 5.4
SUBJECT: Minutes of the December 18, 2021 City Council Meeting
RECOMMENDATION
Motion to Adopt the Minutes.
BACKGROUND
The City Council will consider adopting the minutes of the December 18, 2021 City Council Meeting.
5.4 Packet Pg. 13
City of Patterson Page 1 Updated 1/6/2022 9:35 AM
City Of Patterson
Regular Meeting Minutes
December 21, 2021
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Walfred Solorzano
1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Absent
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
2. Pledge of Allegiance
The pledge was recited.
3. Statements of Conflict
There were no statements of conflict.
4. Items from the Public
Donna Linder, Kandace Weyhrauch, Troy McCormack, Monica Della Maggiore, Kaliah Weyhrauch, and Gerald Parente provided public comment.
5. Consent Calendar
Gerald Parente provided comment on Item Nos. 5.1 and 5.3.
5.4.a
Packet Pg. 14
Attachment: Minutes of the December 18, 2021 Meeting (Minutes of the December 18, 2021 City Council Meeting) City of Patterson Page 2 Updated 1/6/2022 9:35 AM
RESULT: ADOPTED
MOVER: Alves
SECONDER: Homen
AYES: Alves, Parham, Farinha, Homen
ABSENT: McCord
5.1. Waived Readings - All Readings of Ordinances and Resolutions, Except by Title were hereby waived.
5.2. Approved City Department Reports for the Months of October and November (Police, Public Works and Recreation & Community Services)
5.3. Adopted Resolution 2021-61, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.
5.4. Adopted Resolution No. 2021-62, Approving the Application for the Measure LCommunity Connection or Rail Services FY21 Grant application and authorizing the City Manager to implement the project and execute all further documents.
5.5. Adopted Resolution No. 2021-64, approving a bid from Spinitar, in the amount of $196,912.61, and directing the City Manager to execute an agreement with Spinitar for an amount no greater than $196,912.61 for council chamber audio/visual upgrades.
6. Presentation
6.1. Coronavirus COVID-19 Update (City Manager Irwin)
Ken Irwin, City Manager, made a presentation.
7. Public Hearing
7.1. City Attorney - Motion to approve first reading and introduction of Ordinance No. 859, reading by title only, waiving further reading, approving a Development Agreement with the Applicant for the Baldwin Ranch North Project.
Nubia Goldstein, City Attorney, and Ken Irwin, City Manager, made a presentation and responded to questions posed by the City Council.
Mayor Pro Tempore Farinha opened the public hearing.
Joe Hollowell provided public comment.
Mayor Pro Tempore Farinha closed the public hearing.
The City Council approved the first reading and introduction of Ordinance No. 859, reading by title only, waiving further reading, approving a Development Agreement with the Applicant for the Baldwin Ranch North Project.
5.4.a
Packet Pg. 15
Attachment: Minutes of the December 18, 2021 Meeting (Minutes of the December 18, 2021 City Council Meeting) City of Patterson Page 3 Updated 1/6/2022 9:35 AM
RESULT: APPROVED
MOVER: Alves
SECONDER: Parham
AYES: Alves, Parham, Farinha, Homen
ABSENT: McCord
8. City Staff Reports
8.1. City Attorney - Motion to Adopt Resolution 2021-63 authorizing the City Manager to execute an amendment to a West Patterson Business Park Development Cooperation Agreement between the City of Patterson and Stanislaus County.
Item No. 8.1 was heard before Item 7.1.
Nubia Goldstein, City Attorney, and Ken Irwin, City Manager, made a presentation.
Monica Della Maggiore, Kandace Weyhrauch, Troy McCormack provided public comment.
RESULT: ADOPTED
MOVER: Parham
SECONDER: Homen
AYES: Alves, Parham, Farinha, Homen
ABSENT: McCord
The City Council adjourned out of the regular city council meeting and into the West Patterson Financing Authority Meeting at 8:12 p.m.
Attendee Name Title Status Arrived
Dennis McCord Chair Absent
Shivaugn Alves Board Member Present
Alfred Parham Board Member Present
Dominic Farinha Board Member Present
Cynthia Homen Board Member Present
8.2. City Attorney - Motion to Adopt WPFA Resolution No. 2021-03 Authorizing the Second Series of Bond Proceeds from CFD 2018-1 to Reimburse Landowners in the Villages Development Project for Eligible Improvements.
Nubia Goldstein, District Attorney, and Ken Irwin, District Manager, made a presentation and responded to questions posed by the City Council.
The Board adopted WPFA Resolution No. 2021-03, authorizing the Second Series of Bond Proceeds from CFD 2018-1 to Reimburse Landowners in the Villages Development Project for Eligible Improvements.
5.4.a
Packet Pg. 16
Attachment: Minutes of the December 18, 2021 Meeting (Minutes of the December 18, 2021 City Council Meeting) City of Patterson Page 4 Updated 1/6/2022 9:35 AM
RESULT: ADOPTED
MOVER: Parham
SECONDER: Alves
AYES: Alves, Parham, Farinha, Homen
ABSENT: McCord
The West Patterson Financing Authority Meeting adjourned at 8:22 p.m. and adjourned back to the regular city council meeting at 8:22 p.m.
9. City Council Reports
Kandace Weyhrauch provided public comment.
A. Councilmember Alves
Nothing to report
. Westside Health Care Task Force (Councilmember Parham alternate) B. Councilmember Parham
Nothing to Report
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) C. Mayor Pro Tem Farinha
Nothing to report
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
Nothing to report.
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
5.4.a
Packet Pg. 17
Attachment: Minutes of the December 18, 2021 Meeting (Minutes of the December 18, 2021 City Council Meeting) City of Patterson Page 5 Updated 1/6/2022 9:35 AM
E. Mayor McCord
Nothing to report.
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)
10. Other Matters
Councilor Alves welcomed Walfred Solorzano, City Clerk, to the City of Patterson; reported on students coming back to school; the Love Patterson board meeting.
Councilor Homen expressed condolences on the passing of Francis Bettencourt, former Mayor of Patterson.
Mayor Pro Tempore Farinha wished everybody a Merry Christmas.
The City Council adjourned into closed session at 8:29 p.m.
11. Adjournment
The City Council adjourned the meeting at 8:50 p.m.
Dominic Farinha, Mayor Pro Tempore
ATTEST:
Walfred Solorzano, City Clerk
5.4.a
Packet Pg. 18
Attachment: Minutes of the December 18, 2021 Meeting (Minutes of the December 18, 2021 City Council Meeting) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Jeff Gregory, Fire Chief
MEETING DATE: January 18, 2022
ITEM NO: 5.5
SUBJECT: Approval of Surplus City Vehicles and/or Equipment/Items FY 2021/2022
RECOMMENDATION
Approve of surplus City vehicles FY 2021/2022.
BACKGROUND
The vehicle listed below is at the end of its service life and is ready for surplus. Pending Council approval, the following vehicle will be sent to Auction, sold, or disposed of, as it has been the City’s standard practice.
Vehicle Description VIN No. License # Mileage
1991 Type I Fire Engine 4S7BT9F02MC0034783008745 358672 17412
ANALYSIS
The 1991 Fire Engine was purchased new by the City of Patterson to become a first out engine for all emergency calls in the city. With this purchase, we were able to retire a 1942 fire engine which is referred to as “Olde #1” from being a third out engine and had the 1968 and 1970 Ford 9000 fire engines as second and third out for large incidents. With the expected arrival of two new Type I engines in September of 2022, the city no longer needs this engine. If the Fire Department keeps this Fire Engine, the city will incur maintenance costs, annual testing requirements and emergency equipment to keep it in service.
FISCAL IMPACT
The revenue received from the surplus will be returned back to its designated budget.
5.5 Packet Pg. 19
City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Fernando Ulloa, City Engineer
MEETING DATE: January 18, 2022
ITEM NO: 5.6
SUBJECT: Rejecting all bids for the Patterson Urban Bicycle Trail Project at Salado Creek Project and direct staff to re-advertise at a later date.
RECOMMENDATION
Reject all bids for the Patterson Urban Bicycle Trail Project at Salado Creek Project and direct staff to re-advertise at a later date.
BACKGROUND
The City was awarded $1,808,145.00 from the State of California Natural Resources Agency.
The purpose of this grant is to fund the construction of a new bike path along Salado Creek. This project will promote clean air through the development of the new path and will interconnect with the existing networks of bike paths in the City. In general, the work consists of rehabilitating and constructing new asphalt concrete trail to create approximately 6,500 linear feet of continuous bike and pedestrian path along Salado Creek and American Eagle Avenue from near Sweet Briar Drive to Cliff Swallow Drive. An existing concrete culvert will be modified to create a safe crossing for the new bike path under Sperry Avenue.
ANALYSIS
The Patterson Urban Bicycle Trail Project at Salado Creek Project design was completed in fall 2021 and was subsequently advertised for construction. This project was advertised for construction on the CIP List, the City’s website, and the Patterson Irrigator. The bids are being taken to City Council and rejected based on the cost of the project. The City plans to readvertise, with a reduced scope in hopes of increasing the number of bidders and ultimately receive more competitive pricing for construction.
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Bid opening was scheduled for December 9, 2021 and rescheduled to December 16, 2021 to answer some technical questions. The City received three bids for this project as follows:
TBS Contractors $3,260,773.21
Sinclair General Engineering, Inc. $3,739,728.65
United Pavement Maintenance, Inc. $5,294,382.00
The Engineer’s Estimate for construction was expected to be around $2,417,980.00.
Unfortunately, the cost for construction was higher than anticipated. It is staff’s recommendation that the City Council reject all bids per bidding regulations. This will enable staff to restructure the project bid documents, reduce the scope of the project and review rebidding options to increase the number of potential bidders. Staff is currently reviewing bid documents and will re-bid at a later date. Staff also has a meeting scheduled with the State of California Natural Resources Agency to ensure compliance with the grant during this process.
FISCAL IMPACT
There is no Fiscal Impact at this time.
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City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: January 18, 2022
ITEM NO: 5.7
SUBJECT: Approve Resolution No. 2022-03, Authorizing the Submittal of Application(s) for all CalRecycle Grants for which the City of Patterson is Eligible.
RECOMMENDATION
Motion to Approve Resolution No. 2022-03, Authorizing the Submittal of Application(s) for all CalRecycle Grants for which the City of Patterson is Eligible.
BACKGROUND
Public Resources Code, Division 12.1, Chapter 7, Section 14581(a)(4) authorizes the Department of Resources Recycling and Recovery (CalRecycle) to issue up to $10,500,000 in FY 2021/22 in the form of grants for beverage container recycling programs. The availability of grant funding for communities will provide opportunities for CalRecycle to address recycling challenges, aid in increasing beverage container collection, and reduce beverage container litter in the waste stream. Eligible applicants for this grant program include California cities, counties, other local government entities, joint powers authorities, special districts, public colleges and universities, public K-12 school districts, nonprofit organizations and qualifying Indian tribes. CalRecycle is seeking projects that implement new or enhance existing programs to provide convenient beverage container recycling opportunities in various locations statewide.
ANALYSIS
With the availability of this funding opportunity from the State’s Department of Resources Recycling and Recovery (CalRecycle), staff continues to utilize these grants to help in its recycling efforts. The recycling program specifically targeted at the collection and recycling of beverage containers throughout the city.
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Through this grant opportunity, staff will focus on the collection of all types of recyclable beverage containers through the use of specified bins marked clearly for that purpose. The partnership and outreach work with the school district is one that staff hopes will help perpetuate and increase knowledge and understanding of the need to recycle beverage containers. Young scholars of the Patterson Unified School District have demonstrated over the past partnerships, public celebration and presentations that they too have vested interest in managing the quality of the environment they live in. Partnerships will local businesses, multi-family residential housing and the growing commercial and industrial business park will be fostered to assure that this program accomplishes the State’s goal of minimizing greenhouse gas emission (GHG) and the diversion of recyclable waste from the landfill.
Staff will utilize the grant funds received to help manage and operate the program as well as continue educating the community on the purpose of recycling beverage containers.
FISCAL IMPACT
There is no direct fiscal impact to the city and this grant has no match requirements. All grant funds received are revenues that are utilized for eligible costs incurred for the City’s recycling program.
5.7 Packet Pg. 23
1 RESOLUTION NO. 2022-03
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 AUTHORIZING THE SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE 5 GRANTS FOR WHICH THE CITY OF PATTERSON IS ELIGIBLE
6 7 WHEREAS, Public Resources Code sections 48000 et seq. authorize the 8 Department of Resources Recycling and Recovery (CalRecycle) to administer various 9 grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, 10 recycle and reuse solid waste generated in the state thereby preserving landfill capacity 11 and protecting public health and safety and the environment; and 12 13 WHEREAS, in furtherance of this authority CalRecycle is required to establish 14 procedures governing the application, awarding, and management of the grants; and 15 16 WHEREAS, CalRecycle grant application procedures require, among other things, 17 an applicant’s governing body to declare by resolution certain authorizations related to the 18 administration of CalRecycle grants.
19 20 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of 21 Patterson authorizes the submittal of application(s) to CalRecycle for Beverage Container 22 Recycling Grant Program; and
23 24 BE IT FURTHER RESOLVED that the City Manager, or his/her designee is hereby 25 authorized and empowered to execute in the name of the City of Patterson all grant 26 documents, including but not limited to, applications, agreements, amendments and 27 requests for payment, necessary to secure grant funds and implement the approved grant 28 project; and
29 30 BE IT FURTHER RESOLVED that these authorizations are effective for five (5) 31 years from the date of adoption of this resolution.
32 33 The foregoing resolution of the City Council of the City of Patterson was passed by the City Council at a regular meeting held on the 18 th 34 day of January
35 2022, by _____________, who moved its adoption, which motion was duly 36 seconded by ___________, and the resolution adopted by the following roll call 37 vote:
38 39
40 AYES:
41 NOES:
42 EXCUSED:
43 44 APPROVED:
45 46
47 ________________________________
48 Dennis McCord, Mayor of the City of Patterson
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Attachment: Resolution No. 2022-03 - AUTHORIZING THE SUBMITTAL CALRECYLE GRANT APPLICATION 1-18-22 (Resolution No. 2022-03 1 2
3 ATTEST:
4 5
6 _____________________________________
7 Aracely Alegre, Acting City Clerk of the City of Patterson 8 9
10 11
12 13
14 I hereby certify that the foregoing is a full, correct and true copy of a resolution 15 passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 18 th 16 day of January
17 2022, and I further certify that said resolution is in full force and effect and has never been 18 rescinded or modified.
19 20 DATED:
21 22 ___________________________ ____
23 City Clerk of the City of Patterson
24 5.7.a
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Attachment: Resolution No. 2022-03 - AUTHORIZING THE SUBMITTAL CALRECYLE GRANT APPLICATION 1-18-22 (Resolution No. 2022-03 City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: January 18, 2022
ITEM NO: 6.1
SUBJECT: 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) - Isael Ojeda, Stanislaus Council of Governments (StanCOG) Senior Planner
RECOMMENDATION
This is an informational presentation. No action required.
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2022 StanCOG RTP/SCS
2022 Regional Transportation Plan/Sustainable
Communities Strategy (RTP/SCS)
January 2022
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Attachment: StanCOG_RTP_CCBOS_January_2022_FINAL 010322 (2022 Regional 2022 StanCOG RTP/SCS
Agenda • Project Outreach • RTP/SCS Overview • Goal Setting • Scenario Development • Next Steps
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Attachment: StanCOG_RTP_CCBOS_January_2022_FINAL 010322 (2022 Regional 2022 StanCOG RTP/SCS
StanCOG RTP/SCS Outreach ● Valley Vision Stanislaus Steering Committee ● City Council/Board of Supervisor Presentations ● StanCOG Advisory Committees ● 3 Rounds of Community Workshops/ Focus Group Meetings ○ General Public ○ Community Based Organizations ○ Business Leaders ○ Spanish and English Language Presentations ● StanCOG’s interactive project website
www.ValleyVision2046.com
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Attachment: StanCOG_RTP_CCBOS_January_2022_FINAL 010322 (2022 Regional 2022 StanCOG RTP/SCS
Regional Transportation Plan &
Sustainable Communities Strategy • Documents long-range multi-modal transportation system plan
• Mandated by the Federal and State Government • Minimum 20 Year Horizon updated every 4 years • Reflects the shared vision of the Cities and the County • Links with land use, development, housing & employment goals
• High-level planning (programmatic) approach
• Valley Vision Stanislaus Steering Committee
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Attachment: StanCOG_RTP_CCBOS_January_2022_FINAL 010322 (2022 Regional 2022 StanCOG RTP/SCS
• Provide a prioritized listing of projects by
project type • Roadway • Transit • Bike/Ped • Aviation
• Be fiscally-constrained
• Meet all federal MPO requirements including
meeting air quality goals
• Meet State greenhouse gas emission
reduction targets
• Be compliant with Federal Environmental
Justice Order and Title VI
• Be compliant with California Environmental
Quality Act
What must the Plan do?
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Attachment: StanCOG_RTP_CCBOS_January_2022_FINAL 010322 (2022 Regional 2022 StanCOG RTP/SCS
Goal Overview
1. Mobility and Accessibility
2. Social Equity
3. Economic and Community Vitality
4. Sustainable Development Pattern
5. Environmental Quality
6. Safety and Health
7. System Preservation
8. Smart Infrastructure
9. Resiliency and Health
10. Congestion Management
11. Project Delivery
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Attachment: StanCOG_RTP_CCBOS_January_2022_FINAL 010322 (2022 Regional 2022 StanCOG RTP/SCS
Scenario “Guiding Principles”
Each scenario incorporates all five of the following guiding principles to varying degrees Focus growth in
low VMT areas
VMT
Increase access to
opportunity
Preserve farmland
Grow in
“infill areas” Ensure a job-housing
balance
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Attachment: StanCOG_RTP_CCBOS_January_2022_FINAL 010322 (2022 Regional 2022 StanCOG RTP/SCS
Next Steps
• Complete SCS Scenario Analysis
• Present Draft Scenario Results to the Valley Vision
Stanislaus (VVS) Steering Committee
• Conduct the third Round of Public/Stakeholder
Outreach
• Additional outreach to local stakeholder groups
• Selection of a preferred Scenario
• Completion of Draft Regional Transportation Plan and
Environmental Impact Report
• Public Hearings
• Draft Presentation to StanCOG Policy Board for
consideration of approval anticipated in the Summer of
2022
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Attachment: StanCOG_RTP_CCBOS_January_2022_FINAL 010322 (2022 Regional 2022 StanCOG RTP/SCS
Isael Ojeda
www.valleyvision2046.com
StanCOG Contact: Isael Ojeda [email protected]
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Attachment: StanCOG_RTP_CCBOS_January_2022_FINAL 010322 (2022 Regional City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: January 18, 2022
ITEM NO: 7.1
SUBJECT: Motion to Approve Second Reading and Adoption of Ordinance No. 859, reading by title only, waiving further reading, An Ordinance of the City Council of the City of Patterson approving a Development Agreement with the Applicant for the Baldwin Ranch North Project.
RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 859, reading by title only, waiving further reading, An Ordinance of the City Council of the City of Patterson approving a Development Agreement with the Applicant for the Baldwin Ranch North Project.
BACKGROUND
Motion to approve Second Reading of Ordinance No. 859, reading by title only, waiving further reading.
Motion to Adopt Ordinance No. 859, reading by title only, waiving further reading.
ANALYSIS
On December 21, 2021, the City Council approved the first reading and introduction of Ordinance No. 859 in regards to approving a Development Agreement with the Applicant for the Baldwin Ranch North Project with no changes requested. Staff is now requesting for the City Council to approve the second reading and adoption of Ordinance No. 859 as presented and hereto attached.
FISCAL IMPACT
7.1 Packet Pg. 36
Adoption of this Development Agreement functions in tandem with the amended the Cooperation Agreement, which has been approved by the County and the City. The Development Agreement contains terms where the Applicant would assume the City’s obligations under the Cooperation Agreement. Adoption of both the Development Agreement and an amendment to the Cooperation Agreement would allow the Project to proceed and would not result in new financial obligations for the City.
Attachments
Attachment 1 - Ordinance No. 859
Attachment 2 - Development Agreement
7.1 Packet Pg. 37
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ORDINANCE NO. 859
A ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PATTERSON
APPROVING A DEVELOPMENT AGREEMENT FOR THE PROJECT KNOWN AS THE BALDWIN
RANCH NORTH PROJECT, LOCATED ROUGHLY BETWEEN SPERRY AVENUE, BALDWIN
ROAD AND THE DELTA MENDOTA CANAL
WHEREAS, the City of Patterson (“City”) has received an application from Baldwin Ranch Development Co. LLC to redesignate 32.9 acres of land from Light Industrial to General Commercial and 98.5 acres of land from Light Industrial to Medium-Density Residential through a General Plan Amendment and Rezone, APN 021-91-003 and -004 (the “Property”), located roughly between Sperry Avenue, Baldwin Road, and the Delta Mendota Canal; and
WHEREAS, the City of Patterson has also received an application from Baldwin Ranch Development, LLC for a Tentative Subdivision Map on the 98.5 acres for 448 lots, parks space, and streets, as well as an application for a Development Agreement (“Baldwin Ranch North Project”); and WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application; and
WHEREAS, the City and the Developer seek to enter into the Development Agreement pursuant to the Development Agreement Statute and all applicable local and state laws; and WHEREAS, the Development Agreement would provide vested rights to develop the Baldwin Ranch North Project in accordance with the land uses and development standards contained within the City’s General Plan and the zoning districts applied to the Property, subject to provisions contained in the attached Development Agreement; and
WHEREAS, an Environmental Impact Report (“EIR”) was adopted in 2001 for the West Patterson Projects (SCH No. 2001022031), including a mitigation monitoring and reporting program; and
WHEREAS, an Initial Study/Addendum was prepared in accordance with the California Environmental Quality Act (“CEQA”), and determined that the Baldwin Ranch North Project would not result in any new substantial changes to the West Patterson Projects EIR (the “Addendum”); and WHEREAS, City Staff conducted a full analysis of the Baldwin Ranch North Project to ensure compliance and consistency with the City’s General Plan, Zoning Code, the West Patterson Business Park Master Development Plan, and other applicable laws, regulations, and standards; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on _____________, 202__ and recommended approval of the attached Development Agreement to the City Council; and
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Attachment: Ordinance No. 859 - Baldwin Ranch North (CW099055-7xDCB25) (Ordinance No. 859 Baldwin Ranch North Project (2nd Reading 2 of 3
WHEREAS, notice of this public hearing on the proposed Development Agreement for the Baldwin Ranch North Project was published in a newspaper of general circulation, and notices of the public hearing were mailed to all interested parties and property owners within 300 feet of the Property, according to the most recent assessor’s roll; and WHEREAS, based on its independent review and analysis, the staff analysis, oral and written testimony, the City Council finds, after due study, deliberation and public hearing that the following circumstances exist:
1. The Baldwin Ranch North Project is consistent with the goals, policies, and standards of the Patterson General Plan, the West Patterson Business Park Master Development Plan, and all other applicable standards and ordinances of the City of Patterson.
2. That the Baldwin Ranch North Project will not result in any new substantial changes to the West Patterson Projects EIR and the Addendum adequately addresses the proposed changes.
3. In accordance with the Development Agreement Statute, the City Council finds as follows:
a. That the attached Development Agreement is compatible with the authorized land uses and zoning for the Property, based on the provisions contained in the Development Agreement; and
b. Is consistent with the objectives, policies, and programs specified in the General Plan; and
c. Will provide for the orderly development of the Property and preserve surrounding property values; will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area nor detrimental to the general welfare of the residents of the City of Patterson as a whole; and will be compatible with surrounding land uses; and
d. That the attached Development Agreement provides sufficient benefit to the City to justify entering into the Development Agreement, which includes receipt of City fees and infrastructure and public facility contributions from the Applicant; and e. That the attached Development Agreement contains an adequate legal description of the Property that is the subject of the Development Agreement, and is in all other respects consistent with the provisions of Government Code sections 65864 through 65869.5.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
SECTION 1. The City Council of the City of Patterson approves a Development Agreement by and between Baldwin Ranch Development, LLC and the City of Patterson for the development of the Baldwin Ranch North Project, and instructs the City Manager to execute the Development Agreement subject to minor, final revisions as required and approved by the City Attorney.
SECTION 2. The City shall review the Development Agreement for compliance with its terms and conditions not less than once every twelve (12) months from the effective date of the Development Agreement.
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Attachment: Ordinance No. 859 - Baldwin Ranch North (CW099055-7xDCB25) (Ordinance No. 859 Baldwin Ranch North Project (2nd Reading 3 of 3
SECTION 3. Notice of the public hearing on the proposed Development Agreement was published in the ____________, a newspaper of general circulation, printed and published in the City of Patterson; and notices of the public hearing on the proposed Development Agreement were mailed to all interested parties and property owners within 300 feet of the property, according to the most recent assessor’s roll.
SECTION 4. Environmental impacts for the Project have been reviewed and assessed by the City pursuant to CEQA (Public Resources Code section 21000 et seq.; California Code of Regulations Title 14, section 15000 et seq.). The Baldwin Ranch North Project will not result in any new substantial changes to the West Patterson Projects EIR and the Addendum adequately addresses the proposed changes.
SECTION 5. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Patterson hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
SECTION 6. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
This Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Patterson held on the 21, day of December 2021, by ______________, who moved its introduction, which motion was duly seconded by _________________. Said Ordinance was given a second reading and adopted at a regular meeting of the City Council of the City of Patterson held on the ____, day of ______________, 202___, and after such reading, ____________ moved its adoption, seconded by _______________, and said Ordinance was thereupon adopted by the following roll call vote:
PASSED AND ADOPTED this 18
th day of January 2022, by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Dennis McCord, Mayor
ATTEST:
Aracely Alegre, Acting City Clerk
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Attachment: Ordinance No. 859 - Baldwin Ranch North (CW099055-7xDCB25) (Ordinance No. 859 Baldwin Ranch North Project (2nd Reading {CW097854.18} Page 1 of 28
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Patterson
P.O. Box 667
1 Plaza
Patterson, California 95363
Attention: City Clerk
Space Above This Line Reserved for Recorder’s Use.
Exempt from Recording Fees (Government Code sections
6103 and 27383).
APN: 021-091-003 & 021-091-004
DEVELOPMENT AGREEMENT
BALDWIN RANCH NORTH
------------------------------------------------------------
BY AND BETWEEN
THE CITY OF PATTERSON
AND
BALDWIN RANCH DEVELOPMENT, LLC
(AS SUCCESSOR IN INTEREST IN THE PROPERTY FROM
KEYSTONE–SPERRY BUSINESS PARK, LLC)
Ordinance ____
Adopted on ________________, 2022
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18} Page 2 of 28
This DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this ____ day of _________________, 2022, by and between the CITY OF PATTERSON, a municipal corporation of the State of California (“City”), and BALDWIN RANCH DEVELOPMENT, LLC, a California limited liability company (“Developer”) (each individually a “Party” and collectively the “Parties”), who agree as follows:
RECITALS
A. On or about December 18, 2018, City and Keystone-Sperry Business Park, LLC, a North Carolina limited liability company (“Keystone”) entered into a Development Agreement Relating to the Keystone-Sperry Business Park (“Original Development Agreement”), incorporated herein by this reference. The Original Development Agreement benefitted and burdened the approximately 131.4 gross acres of land generally located at the southeast corner of Sperry Avenue and Baldwin Road in the City of Patterson, County of Stanislaus, State of California, consisting of APNs: 021-091-003 and 021-091-004 (the “Property”) more particularly described on the Legal Description attached as Exhibit A (the “Legal Description”), and as shown for reference purposes in the Parcel Map attached hereto as Exhibit A-1.
B. Keystone no longer has an equitable interest in any portion of the Property; instead Developer is the successor in interest and has an equitable interest in the Property.
C. The Parties desire for this Agreement to amend and replace in its entirety the Original Development Agreement pertaining to the Property.
D. Developer proposes to develop commercial buildings and single-family residential units on the Property in accordance with the City’s General Plan, as amended through the Effective Date of this Agreement as defined below (the “General Plan”), and the zoning provisions of the Patterson Municipal Code and the Zoning (defined below) for the Property, as amended through the Effective Date, and all other City-approved entitlements for the development of the Property (collectively, the “Project”).
E. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 et seq. (the “Development Agreement Statute”), which authorizes the City and any person having a legal or equitable interest in real property to enter into a development agreement that establishes certain development rights in the real property that is the subject of a development project application.
F. City and Developer desire to enter into this Agreement to (i) facilitate the orderly development of the Project, (ii) create a physical environment that is consistent with and complements the City’s goals and visions, (iii) protect natural resources from adverse impacts, (iv) improve, upgrade and create additional community facilities and infrastructure, (v) assist in implementing the goals of the General Plan and (vi) reduce the economic risk of development of the Project to both the City and Developer.
G. Prior to the approval of this Agreement, City has taken numerous actions in connection with the Project, including the following approvals by City (collectively, the “Existing City Approvals”):
(i) Environmental Analysis. The environmental impacts for the Project have been properly reviewed and assessed by City pursuant to the California Environmental Quality
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18} Page 3 of 28
Act, Public Resources Code section 21000 et seq. (“CEQA”). On January 9, 2003, pursuant to CEQA, the City Council of the City of Patterson (the “City Council”) adopted the West Patterson Projects Final Environmental Impact Report (SCH No. 2001022031) (“EIR”). On December 1, 2020, contingent upon adoption of a development agreement with Developer, the City Council adopted an Addendum to the EIR for the Project (“EIR Addendum”). The EIR and EIR Addendum are hereby incorporated by this reference and made part of the Project Approvals. (ii) Master Development Plan. On January 9, 2003 in accordance with the recommendations of the Planning Commission of the City of Patterson (the “Planning Commission”), the City Council adopted Resolution No. 2003-03 adopting the West Patterson Business Park Master Development Plan (the “Master Development Plan”). (iii) Zoning. On July 2, 2013, the City Council adopted Ordinance No. 783 which revised the zoning for the Property to West Patterson Industrial Business Park (“WPIBP”).
On December 1, 2020, contingent upon adoption of a development agreement with Developer, the City Council rezoned the Property to allow Developer to develop commercial and residential uses at the Property (“Zoning”). The Zoning for the Property is further described in Exhibit C attached hereto.
(iv) Patterson General Plan. On November 3, 2010, the City Council adopted a comprehensive update to the General Plan, which included a land use designation of Light Industrial – West Patterson Business Park Master Development Plan for the Property. On December 1, 2020, contingent upon adoption of a development agreement with Developer, the City Council amended the General Plan to designate the Property as General Commercial and Medium-Density Residential, as further described in Exhibit C attached hereto. (v) Tentative Parcel Map. On October 11, 2018, the Planning Commission adopted Tentative Parcel Map No. 18-02, along with conditions of approval related thereto.
Tentative Parcel Map No. 18-02 no longer applies to the Project Approvals for this Project. On December 1, 2020, contingent upon adoption of a development agreement with Developer, the Planning Commission adopted Tentative Map No. _____ for the Project, attached hereto as Exhibit D, along with Conditions of Approval related thereto (the “Tentative Map”). The Tentative Map and Conditions of Approval are included in the Project Approvals. (vi) Planning Commission Review. On ______________, 202__, the Planning Commission reviewed this Agreement and adopted a resolution recommending that the City Council approve this Agreement.
(vii) Development Agreement. On __________________, the City Council adopted Ordinance No. ____, approving of and authorizing the City Manager to execute this Agreement, which amends and replaces the Original Development Agreement. (viii) Municipal Code Provisions and Policies, Regulations, Standards and Specifications. Prior to the Effective Date, various provisions of the City’s Municipal Code and numerous development policies, regulations, standards and specifications have been adopted by the City that affect the development of the Project (collectively, “Municipal Code and Policies”).
H. Subsequent to approval of this Agreement, City anticipates that applications for additional land use approvals, entitlements, and permits will be submitted to implement and operate the Project (the “Subsequent City Approvals”) as more specifically detailed in Section 3.1
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18} Page 4 of 28
below. The Existing City Approvals and the Subsequent City Approvals may be collectively referred to herein as the “Project Approvals.”
I. Development of the Project in accordance with this Agreement and the Project Approvals will provide for orderly growth within the City, consistent with the goals, policies, and other provisions of the City’s General Plan and is anticipated to provide substantial benefits to the City through jobs, housing, and the provision of needed infrastructure for area growth, thereby achieving the goals and purposes of the Development Agreement Statute.
J. The Parties intend through this Agreement to allow Developer to develop and operate the Project in accordance with the Existing City Approvals and applicable law, and subject to any necessary Subsequent City Approvals.
K. The City Council has determined that the Project and this Agreement is consistent with the General Plan, and Zoning, as amended through the Effective Date, and the City has conducted all necessary proceedings in accordance with the City’s rules and regulations for the approval of this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18} Page 5 of 28
AGREEMENT
ARTICLE 1
GENERAL PROVISIONS
Section 1.1. Findings. City hereby finds and determines that entering into this Agreement furthers the public health, safety and general welfare and that the provisions of this Agreement are consistent with the General Plan.
Section 1.2. Recitals. The Recitals above are true and correct and are hereby incorporated into and made a part of this Agreement. In the event of any inconsistency between the Recitals and the provisions of Articles 1 through 10 of this Agreement, the provisions of Articles 1 through 10 shall prevail.
Section 1.3. Exhibits. The following “Exhibits” are attached hereto and incorporated into this Agreement:
Exhibit Designation Exhibit Description
Exhibit A Legal Description of Property
Exhibit A-1 Parcel Map Depiction of Property
Exhibit B
Exhibit C
Conceptual Site Plan
General Plan Amendment and Zoning
Exhibit D
Exhibit E
Tentative Map
Intentionally Omitted
Exhibit F
Exhibit G
Schedule of Fees
Conditions of Approval
Exhibit H EIR Mitigation Measures
Exhibit I Financeable CFD Improvements
Exhibit J
Exhibit K
Form Storm Basin Maintenance Agreement
Form Assumption Agreement
Exhibit L
Exhibit M
Form Notice of Termination
Project Approval Resolutions and Ordinances
Section 1.4. Project is a Private Undertaking. The Parties agree that the Project is a private development and that City has no interest therein except as authorized in the exercise of its governmental functions. Nothing in this Agreement shall preclude Developer, without City review and approval, from forming a private investment entity, entering into a joint venture or selling, leasing, or otherwise entering into agreements with respect to any portion, neighborhood or development phase to or with another party for the purpose of developing, managing or completing any portion of the Project.
Section 1.5. Effective Date of Agreement. This Agreement shall become effective the date on which both Parties have executed this Agreement and after the thirtieth (30th) day following adoption by the City Council of the Ordinance approving this Agreement (the “Effective Date”).
City shall add the Effective Date to the preamble of this Agreement prior to recordation.
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Section 1.6. Term of Agreement. The “Initial Term” of this Agreement shall be twenty-five (25) years from the Effective Date, unless otherwise extended or terminated earlier as provided for in this Agreement. Insofar as full development of the Project does not occur within the Initial Term, the Parties contemplate and agree that the Initial Term shall be extended automatically three (3) times with each time being for an additional five (5) year period (any such extension being an “Extended Term”). Any such extension shall be granted automatically until such time as the Project has been fully developed provided Developer has complied with the requirements of this Agreement. Delays associated with or on account of a legal challenge to the Project or any development moratorium, or any combination of these, shall automatically extend the Initial Term for the period of time from the date of the filing of such legal challenge or moratorium until the conclusion of such legal challenge or moratorium, as evidenced for legal challenge by dismissal or final entry of judgment and for moratorium by termination of the moratorium. City will record on the Property an instrument giving notice of the Extended Term. Following the expiration of the Initial Term or Extended Term, or if sooner terminated by mutual agreement of the Parties, this Agreement shall have no force and effect, subject, however, to post-termination obligations of Developer. For purposes of this Agreement, Initial Term and Extended Term may be collectively referred to as the “Term”.
Section 1.7. Priority of Enactment. City has determined that this Agreement is consistent with all applicable City enactments affecting the Property and the Project, including, without limitation, the General Plan, Zoning, and the Municipal Code and Policies. In the event of conflict in interpreting between or among various land use documents referenced in this Agreement, the Parties agree that the following sequence of approvals establishes the relative priority of the approvals, each document considered as of the Effective Date of this Agreement, and treated as superior to the documents listed thereafter: (1) General Plan; (2) Zoning; (3) this Agreement; (4) Existing City Approvals (not including the foregoing); and (5) Subsequent City Approvals. The Parties further agree that these approvals shall be applied and construed in a reasonable manner, most consistent with the general intent of the Parties as manifested in this Agreement.
Section 1.8. Consistency with General Plan. The City Council finds that the provisions of this Agreement for the development of commercial buildings and single-family residential units are consistent with the text and maps of the General Plan. Developer shall submit the necessary entitlement applications to City for City to process, at Developer’s sole cost and expense, to address any inconsistencies resulting from approval of the Project and the General Plan, or Zoning within ninety (90) days of the Effective Date.
Section 1.9. Amendment of Agreement. This Agreement may be amended by the mutual consent of the Parties. Any such amendment shall be in writing and without a noticed public hearing, unless required by law.
Section 1.10. Releases. If Developer sells, assigns or transfers all or any portion of the Property, Developer may free itself from all or part of its obligations relating to the sold, assigned or transferred property provided that the buyer, assignee, or transferee expressly assumes the obligations under this Agreement.
Section 1.11. Recordation of Development Agreement. The City Clerk shall cause a copy of this Agreement to be recorded against title to the Property within ten (10) days of the Effective Date of this Agreement.
Section 1.12. Developer Reimbursement of City. Developer agrees to reimburse City for actual fees and expenses incurred by City that are directly related to preparation and processing of this
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Agreement, including recording fees, publishing fees and reasonable consultant and attorney fees and costs not otherwise included within application fees. Reimbursement shall be paid within sixty (60) days of presentation from the City to Developer of a written statement of charges. At any time, Developer may request and City shall issue an accounting and written acknowledgement of fees and expenses paid. The failure to pay reimbursable fees and expenses within the time specified shall be considered a default of this Agreement and City can elect to terminate this Agreement on that basis pursuant to the termination provisions of this Agreement.
ARTICLE 2
VESTED RIGHTS; DEVELOPMENT OF PROJECT
Section 2.1. Vested Rights of Developer. During the Term of this Agreement, in developing the Project consistent with the Project Approvals described herein, Developer is assured, and City agrees, that the development rights, obligations, terms and conditions specified in this Agreement, including without limitation, the terms and conditions set forth in the Exhibits attached hereto, are fully vested in the Developer and may not be changed or modified by the City or any assignee of City, except with Developer’s written consent, which consent may be withheld in Developer’s sole and absolute discretion.
Section 2.2. Vested Right to Develop. In accordance with Section 2.1 above, Developer shall have the vested right to develop the Project consistent with and in accordance with this Agreement, the Existing City Approvals and any Subsequent City Approvals obtained by Developer.
Section 2.3. Permitted Uses and Development Standards. The permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land or payment of fees in lieu of dedication for public purposes, the construction, installation and extension of public improvements, development guidelines and standards, implementation program for processing of subsequent entitlements and other conditions of development for the Project shall be those set forth in this Agreement and all the Exhibits incorporated herein. The Parties intend that this Agreement, the Existing City Approvals, and all other Exhibits attached hereto and incorporated herein, shall serve as the definitive and controlling document for all subsequent actions, discretionary or ministerial, relating to development of the Project. Furthermore, the City agrees to allow Developer to use the approved and existing City standards for the improvement plans for the Project in effect as of the Effective Date, incorporated herein by this reference.
Section 2.4. Development Allocation and Density. The building type, size and density for the Project shall be consistent with the Project Approvals.
Section 2.5. Tentative Parcel Map. The term of the Tentative Map attached hereto shall be the longer of the Term of this Agreement or the life allowed for a tentative map with all applicable extensions under California law. Developer may file final maps for the Project in phases.
Section 2.6. Subsequent Entitlements, Approvals and Permits. Only the following changes to the Existing City Approvals shall apply to development of the Project:
(a) Successful implementation of the Project may require Developer to obtain additional approvals and permits from the City and from other public agencies. The City shall comply with CEQA in the administration of the Subsequent City Approvals including compliance with mitigation measures as mandated by CEQA. In acting upon Subsequent City Approvals, the
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City’s exercise of discretion and permit authority shall conform to this Agreement, including the incorporated Exhibits.
(b) The Subsequent City Approvals may entail the Developer filing subsequent applications for discretionary approvals. The City will process these applications consistent with applicable law, including, without limitation, CEQA, the Planning and Zoning Law, Government Code Section 65000 et seq.; and the Subdivision Map Act, Government Code section 66410 et seq. In the course of taking action on these applications, the City will exercise discretion in adopting mitigation measures and conditions of approval. The exercise of its discretion is not prohibited by the Agreement, but the exercise of that discretion must be reasonable and consistent with this Agreement.
Section 2.7. Timing of Development. The Parties acknowledge that Developer cannot, at this time, definitively predict when the phases of the Project will be developed or the order in which each phase will be developed. Such decisions depend upon numerous factors that are not within the control of Developer, such as economic conditions, consumer demand, interest rates, absorption rates, and other factors. The California Supreme Court held in Pardee Construction Co., v. The County of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties to consider and expressly provide for the timing of development resulted in a later-adopted initiative that restricted the timing and phasing of a development project. It is the desire of the Parties to avoid this result by acknowledging that Developer shall have the vested right to develop the Project in such order, rate and time as Developer deems appropriate in the exercise of its business judgment, subject to the terms, requirements, conditions and limitations set forth in this Agreement.
Section 2.8. Project Implementation. The Parties mutually desire to simplify and streamline the process for implementing the Project. Accordingly, the following modifications may be considered non-substantial as provided below, and approved without the need for amendment to this Agreement. The City Manager, or his or her designee (the “Director”) shall use his or her best efforts to make a determination as to any non-substantial modification regarding any of the following requests:
(a) Tentative Parcel Maps. Modifications of the Tentative Map, including the Conditions of Approval (as defined below), determined to be non-substantial in the sole discretion of the Director; or
(b) Streets and Rights of Way. Any modification of the alignment, location, naming, width, length, or specification of streets, utility rights of way, or other public rights of way or facilities that is determined to be non-substantial in the sole discretion of the City Engineer, in consultation with the Director; or
(c) Substantial Conformance. Due to the importance of timely recordation of final maps for the Project, the City Engineer may, in his or her sole discretion, after consultation with the Director, find that a final map substantially conforms with the Tentative Map or any other tentative map or vesting tentative map utilized for the Project where, among other factors, the number of parcels in the final map is not more than the number of parcels for the same area shown on any tentative map; or
(d) Site Plan. Any modification of the Tentative Map determined to be non-substantial in the sole discretion of the Director. City will make its best effort to respond within thirty (30) days
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to any Developer request for a non-substantial modification. Notwithstanding, in no case shall City’s consent to any requested modification be “deemed approved” as a result of any failure to render a decision within a particular time frame. Developer may appeal any decision made by the Director or City Engineer pursuant to this Agreement to the Planning Commission and City Council by filing a written appeal with the City Clerk within ten (10) days’ receipt of the Director or City Engineer’s decision.
Section 2.9. No Conflicting Enactments. Except as otherwise provided for in this Agreement, neither City nor any agency of City shall enact any ordinance, resolution, or other measure that relates to the rate, timing, or sequencing of the development or construction of the Project, or fees pertaining thereto, on all or any part of the Property that is in conflict with this Agreement, or any amendments thereto, or that reduces the development rights provided by and vested in this Agreement. Without limiting the foregoing general statement, and for all purposes pursuant to this Agreement generally, and this Section specifically, an ordinance, resolution or other measure shall be deemed to conflict with this Agreement if the ordinance, resolution, or measure seeks to accomplish any one or more of the following results, either with specific reference to this Project or as part of a general enactment that applies to the Project:
(a) Density or Intensity. Limiting or reducing the density or intensity of development on the Property or the Project;
(b) Timing of Development. Limiting the timing of the development of the Property or the Project; or
(c) Increasing Fees or New Fees. Increasing the Impact Fees in an amount that is not more than the Construction Cost Index for the San Francisco region (“CCI”) or imposing new fees.
Section 2.10. Initiatives and Referenda. If any City ordinance, resolution, standard, specification, fee, change, tax, assessment, monetary or non-monetary exaction, policy, rule, regulation, additions to the Municipal Code and Policies, or other official City action is enacted or imposed by a citizen-sponsored or Council-sponsored initiative or referendum after the Effective Date (“Enactments”) that will conflict with this Agreement, including the incorporated Exhibits, or the Existing City Approvals or Subsequent City Approvals, or reduce the development rights or assurances provided to Developer by this Agreement, such Enactments shall not apply to the Property or Project; provided, however, the Parties acknowledge that City’s approval of this Agreement is a legislative action subject to referendum. Without limiting the generality of any of the foregoing, no moratorium or other limitation (whether relating to the rate, timing, phasing or sequencing, buildout, or development or use) or increase of Impact Fees affecting subdivision maps, parcel maps, tentative parcel maps, building permits, certificates of compliance or other entitlement to use or permission to use, that are approved or to be approved, issued or granted by City shall apply to the Property or the Project. Without limiting the generality of the foregoing, no slow-growth or no-growth moratoriums or annual development or permit allocations, quotas or limitations shall apply to the Property or the Project. Developer acknowledges that City does not have the authority or jurisdiction over any other public agency’s ability to grant governmental approvals or permits or to impose a moratorium or other limitations that may affect the Project or ability of City to issue a building permit to Developer (e.g., moratorium imposed by public agency due to decrease in City water quality). Any moratorium imposed by another public agency on City shall not cause City to be in breach of this Agreement. City shall cooperate with Developer and shall undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms.
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Section 2.11. Regulation by Other Public Agencies. The Parties acknowledge that other public agencies, outside of the control and authority of City, regulate or have authority over City and City’s public infrastructure and that the exercise of such public agency authority could negatively impact development of the Project. Nothing in this Agreement limits the authority of such public agencies. City shall not be found to be in breach of this Agreement due to any action taken by a public agency that negatively impacts this Agreement or development of the Property or the Project by Developer. To the extent Developer requires permits or approvals from other public agencies for development of the Project; City shall use its reasonable best efforts to assist Developer in obtaining such permits or approvals.
Section 2.12. Developer’s Right to Rebuild. City agrees that Developer may renovate or rebuild portions of the Project at any time within the Term of this Agreement. Any such renovation or rebuilding shall be subject to all design, density and other limitations and requirements imposed by this Agreement.
Section 2.13. Changes in California Building Standards Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes occurring from time to time to the California Building Standards Codes.
Section 2.14. Changes Mandated by Federal or State Law. Notwithstanding any provision of this Agreement to the contrary, the Property and Project shall also be subject to subsequently enacted state or federal laws or regulations that preempt the Municipal Code and Policies, or mandate the adoption of local regulations, or are in conflict with local regulations or with the Existing City Approvals or Subsequent City Approvals and this Agreement. As provided in section 65869.5 of the Development Agreement Statute, in the event the state or federal laws or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Upon discovery of a subsequently enacted federal or state law meeting the requirements of this Section, City or Developer shall provide the other Party with written notice of the state or federal law or regulation, and a written statement of the conflicts thereby raised with the provisions of the Municipal Code and Policies or this Agreement. Promptly thereafter City and Developer shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation provided City shall not be obligated to agree to any modification materially increasing its obligations or materially adversely affecting its rights and benefits hereunder. In such discussions, City and Developer will attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible extent while resolving the conflict. If City, in its judgment, determines it necessary to modify this Agreement to address such conflict, it shall have the right and responsibility to do so, and shall not have any liability to Developer for doing so. City also agrees to process, in accordance with the provision of this Agreement, Developer’s proposed changes to the Project that are necessary to comply with such federal or state law and that such proposed changes shall be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement or any of its Exhibits.
Section 2.15. Health and Safety Emergencies. In the event that any future public health and safety emergencies arise with respect to the development contemplated by this Agreement, City agrees that it shall attempt, if reasonably possible as determined by the City in its discretion, to address such emergency in a way that does not have a material adverse impact on the Property or the Project in accordance with Existing City Approvals and Subsequent City Approvals, if any.
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If City determines, in its discretion, that it is not reasonably possible to so address such health and safety emergency without adversely affecting the Project, to select that option for addressing the situation which, in the City’s discretion, minimizes, so far as reasonably possible, the impact on development of the Project in accordance with the Existing City Approvals and Subsequent City Approvals, if any, while still addressing such health and safety emergency in a manner acceptable to the City.
Section 2.16. Agreed Changes. This Agreement shall not preclude application to the Project of rules, regulations, ordinances and officially adopted plans and policies in conflict with the Existing City Approvals or Subsequent City Approvals where such additional rules, regulations, ordinances and officially adopted plans and policies are mutually agreed to in writing by Developer and City, or when City has applied less burdensome development policies to similarly situated developments, or adopted such policies City-wide or area-wide, and Developer provides written notice to City of Developer’s intention to have such policies applied to the Project or Property.
Section 2.17. Conditions of Approval. The rights vested in Developer to develop the Property under this Article are subject to and subordinate to the obligation to fully perform in a timely manner all applicable Conditions of Approval, attached hereto as Exhibit G.
Section 2.18. Mitigation Measures. The rights vested in Developer to develop the Property under this Article are subject to and subordinate to the obligation to fully perform in a timely manner all applicable mitigation measures contained in the EIR for the Project, attached hereto as Exhibit H.
Section 2.19. Eminent Domain. City agrees to use its statutory powers of eminent domain to acquire all properties needed for rights-of-way to be located on properties other than the Property or for construction of the public improvements which are necessary for the development of the Project. Any such use of eminent domain by City shall be at Developer’s sole cost and expense, provided that available community facilities district funds authorized for such purpose and not otherwise committed or necessary as a reserve shall first be utilized. City will use its statutory powers of eminent domain only after Developer has exhausted all other methods to secure such required property.
Section 2.20. School District Obligations. Developer acknowledges that the Property is within the City limits and thus is required to comply with and pay the Patterson Unified School District (“School District”) SB 50 fee in effect at the time a building permit is pulled within the Project and that payment of said fee mitigates the Project's impacts to school facilities within the School District. City agrees that so long as the Developer pays the applicable SB 50 fee to the School District prior to issuance of building permits, City shall not withhold any building permits, occupancy certificates, or such other entitlements for development of the Property.
ARTICLE 3
SUBSEQUENT CITY APPROVALS; ENTITLEMENT AND PERMIT PROCESSING Section 3.1. Subsequent City Approvals. City shall permit the uses and densities and intensities of use on the Project consistent with the Existing City Approvals and the incorporated Exhibits. City agrees to implement the Subsequent City Approvals and any other approvals that are under City’s jurisdiction and reasonably necessary to complete the goals, objectives, policies, standards and plans described in this Agreement, including but not limited to, planned developments, planned unit developments, master plans, amendments to this Agreement, development plans, subdivision improvement plans and agreements, architectural & site plan
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reviews, building plans and permits, specifications, landscaping plans, grading plans and permits, parcel maps, tentative subdivision maps, tentative parcel maps, lot line adjustments, resubdivisions, use permits and certificates of occupancy (collectively the “Subsequent City Approvals”). The Subsequent City Approvals shall include any applications, permits and approvals required to complete the infrastructure and improvements necessary to develop the Project, in general accordance with this Agreement, including, without limitation, those related to:
(a) clearing the Property; (b) grading the Property; (c) construction of storm drainage facilities, sewer, water, utility lines, facilities and connections and (d) construction of all commercial, retail, and industrial structures, and all structures and facilities accessory thereto, as set forth in this Agreement.
Section 3.2. Timely Processing. City shall use its reasonable best efforts to process and approve, within a reasonable time, any Subsequent City Approvals or environmental review requested by Developer during the Term of this Agreement.
Section 3.3. Cooperation Between City and Developer. Consistent with the terms set forth herein, City agrees to cooperate with Developer, on a timely basis, in securing all permits or licenses that may be required by City or any other public agency with permitting or licensing jurisdiction over the Project.
Section 3.4. Further Consistent Discretionary Actions. The exercise of City's authority and independent judgment is recognized under this Agreement, and nothing in this Agreement shall be interpreted as limiting City’s discretion or obligation to hold legally required public hearings.
Except as otherwise set forth herein, such discretion and action taken by the City shall, however, be consistent with the terms of this Agreement and not prevent, hinder or compromise development or use of the Project as contemplated by the Parties in this Agreement.
Section 3.5. Time Period for Project Approvals. Notwithstanding any provisions of the Project Approvals that may provide to the contrary, the Project Approvals shall remain valid for the Term of this Agreement.
ARTICLE 4
FEES; COSTS; IMPROVEMENTS; REIMBURSEMENTS AND CREDITS
Section 4.1. Processing Fees and Charges. Developer shall pay those processing, inspection, plan checking, and monitoring fees and charges required by City which are in force and effect Citywide at the time those fees and charges are incurred (including any post-Effective Date increases in such fees and charges) for processing applications, and monitoring compliance with any permits issued, approvals granted and the performance of any conditions related to any Project Approvals.
Section 4.2. Impact Fees. City charges certain fees to new development, including impact fees to offset impacts to City’s public facilities in accordance with the Mitigation Fee Act (Gov. Code, § 66000 et seq.). The impact fees imposed by the City with respect to the Project during the Term shall be only those impact fees set forth in the schedule of impact fees attached hereto as Exhibit F (each an “Impact Fee” and collectively, the “Impact Fees”). All Impact Fees for the Project shall be adjusted on January 1st of each calendar year, pursuant to the Engineering News Record (“ENR”) Construction Cost Index for the San Francisco Area for the prior calendar year. Except as set forth herein, Impact Fees imposed by the City on the Project may not be increased in amount after the Effective Date. This Agreement shall not govern any impact fees, linkage fees, exaction, assessments or fair share charges or other similar fees or charges imposed by other
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governmental entities or public agencies that the City is required to collect or assess pursuant to applicable law (e.g., school district impact fees pursuant to Government Code section 65995). In exchange for this Agreement and limitation on Impact Fees, Developer agrees to waive any right to protest the amount or validity of such Impact Fees under any provision of law, including, but not limited to, the Mitigation Fee Act, Government Code section 66000 et seq.
Section 4.3. Mello-Roos CFD. Developer may elect to annex the Project into an existing financing district, which may include CFD 2005-1 or another CFD, (“Existing CFD”) or include the Project in a New CFD (pursuant to Section 5.7 below), which imposes a special tax per acre, subject to the terms of such district special taxes, to finance the installation of certain authorized facilities such as streets, water and sewer facilities serving the Project. Specifically, a portion of City sewer, storm drainage and water connection fees as set forth in Exhibit F may be offset upon annexation of the Property into Existing CFD or participation of the Project into a New CFD. In the event the Project is annexed into Existing CFD, the minimum tax rate shall be $1,740.00 annually and the maximum tax rate for Existing CFD shall be established in accordance with the adopted Rate and Method of Apportionment for the Existing CFD Section 4.4. Timing of Payment of Fees and Costs. Impact Fee payments and costs due under this Agreement shall be paid by Developer to City prior to issuance of any building permit that triggers an obligation of Developer to pay City an Impact Fee, except as otherwise provided by Exhibit F. Based upon Developer’s reasonable request, this Agreement authorizes the City Manager, or his or her designee, in his or her reasonable discretion, to defer payment of impact fees to issuance of certificate of occupancy.
Section 4.5. Recycled Water. Developer shall install “purple pipe” on the Project in connection with each park, unless such condition is waived by City in City’s sole and absolute discretion, to install recycled water or other non-potable water for the irrigation of the parks within the Project in accordance with water reclamation standards set forth in Health and Safety Code § 116815 and Title 22 (22 Cal. Code Reg. § 60303 et seq.).
Section 4.6. Public Facilities/Dedications. Developer shall be obligated to incorporate storm drain basin and other improvements as may be reasonably required by City in accordance with the terms of this Agreement, the Tentative Map, and any other adopted plans for the Project in effect as of the Effective Date of this Agreement. Developer shall provide for the maintenance of the onsite storm drain basin on the Property at Developer’s sole cost and expense, subject to the terms and conditions contained in the form storm basin maintenance agreement attached hereto as Exhibit J. Developer and City shall execute an agreement prior to building permit in a form substantially similar to the form storm basin maintenance agreement attached hereto Exhibit J.
The storm basin maintenance agreement shall run with the land and be recorded against all affected properties. Alternatively, Developer may satisfy this obligation by entering into an agreement, at City’s sole discretion, to directly connect to the City’s storm drainage system, in which case the onsite basin will be eliminated from the Project, or maintenance of the Storm Basin may be included in the maintenance CFD planned for the Project.
Section 4.7. Reimbursements. Developer may seek and City shall use its best efforts to assist Developer in obtaining reimbursement for costs and expenses incurred in the design or construction of Improvements (as defined below), including but not limited to streets, sewer, water, storm drain, telephone, cable, gas and electric which benefit properties other than the Property, that exceed Developer’s fair share contribution towards the Improvements or the acquisition of rights-of-way for the Improvements (as defined below). In assisting Developer to obtain reimbursement for costs and expenses relating to the Improvements, City shall not be
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required to raise water and sewer rates to fund such reimbursement. In the event Developer seeks reimbursement from other benefited properties, City shall cooperate with Developer in the formation, consistent with all applicable City and state laws of a local benefit district, area of benefit or other financing or funding mechanism consistent with the intent of this Agreement for the purpose of reimbursing Developer those costs and expenses exceeding Developer’s fair share contribution toward said Improvements (as defined below). Developer acknowledges that any reimbursement payments under this Section depend on development of the benefited property, and that if the identified benefited property is not developed, City shall have no obligation to provide or pass through such reimbursement from that property.
Section 4.8. Impact Fee Credits. Developer shall receive a credit against Impact Fees for all improvements constructed by Developer that are specifically included in the budget, capital improvement plan or such other plan forming the basis of a particular Impact Fee (“Fee Credit” or “Fee Credits”). Prior to constructing a Fee Credit facility, Developer shall give City sixty (60) days written notice. Prior to construction, the Parties shall meet for the purposes of jointly approving plans, allowable costs and terms (consistent with the terms of this Agreement) and conditions pertinent to construction of the improvements. No Fee Credits will be allowed without prior approval by the City of the terms of the Fee Credits.
Section 4.9. General Fund and City Bonding Capacity. Nothing in this Agreement or in the attached Exhibits shall be construed as requiring City to pay, contribute, loan or use its general fund or City bonding capacity to construct or extend public infrastructure, complete Improvements (as defined below) or take any action for the Project that would adversely affect the City’s general fund or City bonding capacity. City will take all steps reasonably necessary to sell bonds for other community facility districts (“CFD”) within the City, up to each CFD’s bonding capacity consistent with state law and each CFD’s governing documents. Such CFD bond funds and collected Impact Fees shall be utilized, to the extent feasible, to cause the Improvements to be constructed within a reasonable timeframe to allow for continued development of the Project. In the event City does not have sufficient financial resources to construct required Improvements (as defined below) for the continued development of the Project, City may elect, but is not required, to use general funds or the City’s bonding capacity to finance said Improvements or Developer may advance such funds and seek reimbursement from City on terms reasonably acceptable and feasible to City and Developer. The failure of City to use its general fund or bonding capacity to construct required Improvements (as defined below) for continued development of the Project shall not be considered a breach of this Agreement by City.
Section 4.10. Provisions For Parkland and Park Improvements. (a) Developer and City intend that the public parks for the Project be built so that parks are generally available as new residents arrive in new neighborhoods. To achieve this mutual purpose, Developer shall construct and dedicate to City a park in each of the residential neighborhoods as identified on the Tentative Map. Developer shall complete construction of each park no later than the issuance of fifty percent (50%) of the building permits for each residential neighborhood identified on the Tentative Map.
(b) Upon completion of the public parks contemplated by this Section, Developer shall dedicate the neighborhood parkland and the neighborhood park improvements constituting such public parks to the City at no cost to the City or any other public agency. (c) In consideration of the Developer developing the neighborhood public parks and dedicating the neighborhood parkland and neighborhood park improvements to the City as
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discussed above, City agrees to abide by the parkland and park development standards as they exist on the Effective Date including, without limitation, how those standards appear in the City’s General Plan, Quimby Act ordinance, and most recently amended Park Design Guidelines. In consideration for Developer developing the neighborhood public parks and dedicating the neighborhood parkland and park improvements to the City as discussed above, the City agrees to waive any Parkland In Lieu Fees, Community Facilities Impact Fees/Park Development, capital facility fees, Quimby Act fees or exactions, exactions, special taxes, assessments or other similar obligation of a monetary or non-monetary kind, both for parkland and for park development, improvement, or construction purposes, or any combination of these, or similar obligations of any kind for any neighborhood, regional, or other parks.
Section 4.11. T.W. Patterson Sports Complex. Developer shall construct specific improvements to the T.W. Patterson Sports Complex, the cost of which shall be in an amount not less than Five Hundred Thousand Dollars ($500,000.00). City agrees to waive any Community Facilities Impact Fee/Sports Complex II required for the Project. Developer shall construct the specific improvements prior to completion of two hundred fifty (250) residential units as part of the Project. Developer and the City Manager shall agree to the specific improvements to be constructed prior to Developer submitting design and building plans to City, or prior to construction of the specific improvements.
Section 4.12. Affordable Housing. Developer will comply with the City of Patterson Inclusionary Housing requirement. The Developer will meet this requirement through payment of an in-lieu fee, as provided in Chapter 18.86 of the Municipal Code. The in-lieu fee per residential unit for the Project is Eight Thousand Seven Hundred Sixty-One Dollars ($8,761.00) per unit.
Section 4.13. Agricultural Mitigation. Pursuant to the EIR, as updated by the Addendum to the Environmental Impact Report (Baldwin Ranch), the Project site is mapped as ‘Farmland of Local Importance’ by the California Department of Conservation’s Farmland Mapping and Monitoring Program. Thus, the development of the Project would not convert Important Farmland including Prime Farmland, as defined in the EIR, to non-agricultural use. Accordingly, the mitigation requirement for contribution to the California Farmland Conservancy Fund for the purpose of funding projects in Stanislaus County under the California Farmland Conservancy Program does not apply to the Project.
ARTICLE 5
FINANCING; COMMUNITY FACILITY DISTRICTS
Section 5.1. Financing of Public Improvements. Developer and City agree that specific improvements and facilities required to serve the Project (the “Improvements”) can be financed by the Project’s inclusion into Existing CFD or, to the extent feasible, through the establishment of a New CFD or similar financing mechanism. Improvements for the Project include and are further described in the “Financeable CFD Improvements”, attached hereto as Exhibit I. Any changes to the Financeable CFD Improvements shall be agreed upon by Developer and City in writing.
Section 5.2. Maintenance CFD for Public Facilities. As a condition of pulling its first building permit for the Project, Developer agrees to provide for the ongoing maintenance of certain public facilities in the Project, including without limitation, catch basins, parkland, storm water facilities, sidewalks, curbs and gutters, streets, and street trees. Developer shall have the option of annexing the Property to an Existing CFD for residential or non-residential maintenance service (e.g., CFD No. 2013-01 or No. 2018-02), as applicable, or proposing such other financing
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mechanism that City may approve in its sole discretion. Where Developer annexes the Property to an Existing CFD, the special tax applied to the Property shall be subject to the adopted rate and method of apportionment for the Existing CFD. Developer agrees to pay all costs associated with annexing the Property to an Existing CFD for maintenance services. Developer further agrees to waive any right to protest or oppose annexation to any such Existing CFD.
Section 5.3. Public Safety Services. As a condition to pulling its first building permit for the Project, Developer agrees to provide for the ongoing funding for public safety services such as police and fire services. City agrees that Developer may satisfy this obligation by formation of a New CFD or participation in an Existing CFD for public safety services (“Public Safety CFD”). The special tax applied to the Property shall be subject to the adopted rate and method of apportionment for the Public Safety CFD. Developer agrees to pay all costs associated with forming or annexing to the Public Safety CFD. Developer further agrees to waive any right to protest or oppose annexation to the Public Safety CFD.
Section 5.4. City Obligations for Improvements. As set forth herein, City agrees to use reasonable best efforts to (a) provide adequate water, storm drain, and sewer capacity for the uses, intensity and density for the Project, on an equitable basis with other properties within the City, (b) accept and allow Developer to connect with the City’s sanitary sewer collection and treatment system, and municipal water delivery system consistent with all applicable laws and regulations, and (c) provide Developer with will-serve letters stating the same.
Section 5.5. Developer’s Obligations for Improvements. Developer shall be obligated to construct or pay its fair share toward all Improvements required for the Project, as described in the Project Approvals (including but not limited to the Tentative Map, the EIR and the EIR Addendum, the mitigation measures, the Financeable CFD Improvements, and this Agreement).
Section 5.6. West Patterson Business Park Master Plan Reimbursement Fee. Developer agrees to pay the West Patterson Business Park Master Plan Reimbursement Fee (“WPBP Reimbursement Fee”) adopted by the City Council pursuant to Resolution No. 2016-069 and labeled in Exhibit F in the amount of $119,136.40 for the entire Project. Developer shall pay its allocated WPBP Reimbursement Fee to City no later than thirty (30) days from receipt of written notice from City, but in no event shall Developer be obligated to pay the City the WPBP Reimbursement Fee prior to the expiration of the applicable appeal period for this Agreement. In the event of any inconsistency between this Agreement and the provisions of Resolution No. 2016-069, this Agreement shall govern.
Section 5.7. Formation of New CFD. Subject to the limitations herein and consistent with the Project Approvals and applicable law, and if requested by Developer, City shall cooperate with Developer in good faith to establish a new CFD (“New CFD”) pursuant to the Mello-Roos Act, Government Code section 53311 et seq. (the “Mello-Roos Act”). The boundaries of the New CFD shall be coextensive with those of the Project, unless the Parties agree in writing otherwise. Upon the filing of a petition by Developer pursuant to Government Code section 53318(c), the City Council shall consider adoption of a resolution of intention to establish the New CFD and, following adoption, City shall use good faith and diligent efforts in compliance with the Mello-Roos Act to establish and implement the New CFD pursuant to the terms of this Agreement, including conducting all proceedings for the establishment of the New CFD, the adoption of all resolutions, ordinances and orders, and recording of maps, notices, releases, and conducting all hearings, elections and other public meetings required to levy the special taxes and, as appropriate, provide for issuance of the New CFD Bonds. Developer shall cooperate with City in the formation of the New CFD including the timely submission of all petitions, ballots, waivers and consents.
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(a) Special Tax. The New CFD shall be authorized to levy, and Developer shall approve (by affirmative vote or other legally acceptable method), a tax (“Special Tax”) in accordance with the rate and method of apportionment of such Special Tax approved in the completed proceedings for the New CFD. The Special Tax shall be determined and collected annually by the City against all taxable parcels as defined by the rate and method of apportionment of the Special Tax for the New CFD. The Special Tax shall be collected in the same manner and at the same time as ad valorem property taxes, unless the City specifies some other method of collection. The Special Tax shall be set at an amount sufficient to pay the estimated annual principal of and interest on the CFD Bonds (as defined below), together with required debt service coverage requirements and the annual costs of calculation, collection and disbursement of the Special Tax and the annual administration, engineering, and inspection costs associated with the CFD. The rate and method of apportionment shall be drafted to allow a property owner to permanently satisfy the Special Tax (and remove the lien thereof) as to any taxable parcel by prepayment pursuant to Government Code section 53344 of the Mello-Roos Act.
(b) Developer’s Consent. If Developer requests the formation of the New CFD and the New CFD is actually formed, Developer irrevocably consents to the formation of the New CFD, the issuance of New CFD Bonds, the imposition of the Special Tax against the Property at rates and pursuant to a method of apportionment appropriate to fund the debt service on the New CFD Bonds sold to finance the Improvements in accordance with this Agreement, and agrees not to protest or object to formation of the New CFD or levy of an appropriate Special Tax consistent herewith. Developer shall have the right, consistent with state law, at any time to discontinue proceedings for the formation of the New CFD if Developer demonstrates to the City that Developer has alternative financing in place to finance the Improvements acceptable to the City, in City’s sole and reasonable discretion. Developer has agreed to the financing provisions set forth in this Article and to perform the obligations hereunder in exchange for the consideration and benefits provided to Developer by City under this Agreement, including the vested right to develop the Property.
(c) City’s Reservation of Discretion. It is expressly acknowledged, understood and agreed by the Parties that (i) City reserves full and complete discretion with respect to legally required findings that must be made in connection with formation of the New CFD, (ii) nothing in this Agreement is intended to or shall limit City’s ability to adopt legally required findings with respect to formation of the New CFD, and (iii) nothing in this Agreement is intended to or shall prejudge or commit the City regarding the findings and determinations to be made with respect thereto.
Section 5.8. Assumption of Payment Owed to Stanislaus County. Should Developer proceed to develop the Project with commercial buildings and single-family residential units, Developer shall assume all the City’s payment obligations owed to the County of Stanislaus (“Stanislaus County”) under the First Amended and Restated Addendum No. 1 to Development Cooperation Agreement (West Patterson Business Park) entered into on October 5, 2004 by and between the City and Stanislaus County (“First and Restated Addendum”), incorporated herein by this reference, as may be amended, and as related solely and exclusively to the Property. The First and Restated Addendum, as may be amended, requires the City to pay $2,727,600 to Stanislaus County in the event the City permits residential development on the Property or any other development inconsistent with the Master Development Plan (“County Payment”), pursuant to Section B.11 of the First and Restated Addendum. Developer acknowledges that the City is bound to the terms of the First and Restated Addendum or any subsequent amendments and
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hereby agrees that Developer shall be liable for the County Payment in the event the County Payment becomes due and payable as a result of the City’s approval of residential development of the Property and Developer proceeding with residential development on the Property. If the County Payment becomes due and payable as a result of the foregoing, then Developer shall remit the County Payment to the City in the form of a “County Traffic Mitigation Fee”, as shown in Exhibit F attached hereto. Developer shall pay the County Traffic Mitigation Fee of $6,047.89 per residential unit prior to issuance of each building permit. Developer agrees that the County Traffic Mitigation Fee shall be adjusted on January 1st of each calendar year, pursuant to the ENR Construction Cost Index for the San Francisco Area for the prior calendar year.
Section 5.9. City Traffic Mitigation Fee.
(a) Developer acknowledges that the City and Stanislaus County have a shared obligation for planned improvements to the Interstate 5 (“I-5”) and Sperry Avenue Interchange (“I5 Sperry Improvements”), as contemplated in the First and Restated Addendum, as amended.
Developer agrees that as a condition of developing the Project, Developer assumes a portion of Stanislaus County’s fair share obligation for the I-5 Sperry Improvements, estimated as of the Effective Date to be thirty percent (30%) of the I-5 Sperry Improvement costs (“County Fair Share”). The County’s Fair Share shall be paid by Developer should it proceed to develop the Project with commercial buildings and single-family residential units by payment of the County Traffic Mitigation Fee under Section 5.8 and the County Fair Share CFD Obligation pursuant to Section 5.9.
(b) Developer’s assumed County Fair Share obligation as of the Effective Date of this Agreement is estimated to be approximately $2,370,000. City agrees to allow Developer to satisfy Developer’s County Fair Share obligation through payment to City of $2,370,000 from proceeds from the CFD for the Project formed pursuant to Section 5.7 above (the “County Fair Share CFD Obligation”) or payment from the CFD for the Project in amounts equal to Developer’s County Fair Share obligation as determined by City and escalated in the manner set forth below. (c) Beginning January 1, 2023, the County Fair Share CFD Obligation shall be adjusted on January 1st of each calendar year, pursuant to the ENR Construction Cost Index for the San Francisco Area for the prior calendar year. Any increase to the County Fair Share CFD Obligation that results from application of the foregoing index shall be added to the County Fair Share amount assumed and owed by Developer.
ARTICLE 6
INSURANCE AND INDEMNITY
Section 6.1. Insurance. Developer shall require all persons doing work on the Project, including its contractors and subcontractors (collectively, the “Developer” for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this section and its subsection with carriers reasonably satisfactory to City. (a) General Liability Insurance. Developer shall maintain commercial general liability insurance or equivalent form with a limit of not less than Two Million Dollars ($2,000,000) (or as otherwise approved, in writing, by the City) per claim and Two Million Dollars ($2,000,000) each occurrence. Such insurance shall also:
(i) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees and representatives as additional insureds by endorsement with
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respect to performance of this Agreement (“Additional Insureds”). The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed Additional Insureds. (ii) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents and representatives. (iii) Contain standard separation of insured provisions. (b) Automotive Liability Insurance. Developer shall maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for each accident. Such insurance shall include coverage for owned, hired and non-owned automobiles. Such insurance shall also:
(i) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees and representatives as Additional Insureds by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed Additional Insureds. (ii) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents and representatives. (iii) Contain standard separation of insured provisions. (c) Workers’ Compensation Insurance. Developer shall take out and maintain during the Term of this Agreement, worker’s compensation insurance for all Developer’s employees employed at or on the Project, and in the case any of the work is subcontracted, Developer shall require any general contractor or subcontractor similarly to provide worker’s compensation insurance for contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Developer. In case any class of employee engaged in work on the Project is not protected under any worker’s compensation law, Developer shall provide and shall cause each contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Developer hereby indemnifies City for any damage resulting from failure of Developer, its agents, employees, contractors or subcontractors to take out or maintain such insurance. Worker’s compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident shall be maintained.
Section 6.2. Other Insurance Requirements. Developer shall do all of the following:
(a) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidence all insurance required in this Article, including evidence that such insurance will not be canceled, allowed to expire or be materially reduced in coverage without thirty (30) days prior written notice to City. (b) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein.
(c) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement.
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(d) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the Term or the mutual written termination of this Agreement. (e) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to the City.
Section 6.3. Third Party Legal Challenge.
(a) In the event any legal action, claim, action, or proceeding is commenced by any third party challenging this Agreement, any Existing City Approval, or any Subsequent City Approval, Developer shall defend, indemnify, and hold harmless City and its agents, elected and appointed officials, officers, employees, consultants, and volunteers (collectively, “City’s Agents”).
This obligation includes payment of all City costs and expenses incurred in the defense of such lawsuit, including but not limited to, costs of City’s counsel, damages, attorneys’ fees, and expenses of litigation awarded to the prevailing party or parties in such litigation. City and Developer shall cooperate in good faith in the control of the litigation and the making of litigation decisions, including, but not limited to, selecting counsel to defend City and settlement or other disposition of the matter. Developer shall not settle any lawsuit without the consent of City if such settlement would involve monetary damages or admissions of liability by City. City shall act in good faith and shall not unreasonably withhold consent to settle. As an alternative to defending any such action, Developer may request that City rescind any approved land use entitlement. (b) In the event of any such legal action, Developer shall pay all litigation fees to City within thirty (30) days of receiving a written request and accounting of such fees and expenses from City. Notwithstanding the foregoing, City may request, and Developer will provide to City within seven (7) days of any such request, a deposit to cover City’s reasonably anticipated Project litigation fees and costs.
Section 6.4. Indemnity and Hold Harmless. Developer agrees to defend, indemnify, and hold harmless City and City’s Agents from all liability for personal injury, including death, as well as property damage, which may arise from activities conducted by or omissions of Developer or Developer’s contractors, subcontractors, agents, or employees relating to development of the Project. The foregoing indemnity obligation of Developer shall not apply to any liability for damages or claims for damages relating to use of the Improvements after completion and acceptance by City. Developer’s indemnification requirements will not apply where the claim, action, or proceeding is as a direct result of City or City’s Agents’ gross negligence or willful misconduct.
Section 6.5. Failure to Indemnify; Waiver. Failure to indemnify City, when required by this Agreement, shall constitute a material breach of this Agreement and of any applicable Subsequent City Approvals, which shall entitle City to all remedies available under law, including, but not limited to, specific performance and damages. Failure to indemnify shall constitute grounds upon which City may rescind its approval of any applicable permits, entitlements or Subsequent City Approvals. Developer’s failure to indemnify City shall be a waiver by Developer of any right to proceed with the Project, or any portion thereof, and a waiver of Developer’s right to file a claim, action or proceeding against City or City’s Agents based on City’s rescission or revocation of any permit or entitlement, Subsequent City Approvals, or City’s failure to defend any claim, action, or proceeding based on Developer’s failure to indemnify City.
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ARTICLE 7
MORTGAGEE PROTECTION
Section 7.1. Mortgagee Protection. This Agreement, once executed and recorded, shall be superior and senior to any lien placed upon the Property or any portion thereof following recording of this Agreement, including the lien of any deed of trust or mortgage (“Mortgage”).
Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against and shall run to the benefit of any person or entity, including any deed of trust beneficiary or mortgagee (“Mortgagee”), who acquires title or possession to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise.
Section 7.2. Mortgagee Not Obligated. Notwithstanding the provisions of Section 7.1 above, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the Improvements, or to guarantee such construction or completion. A Mortgagee who takes lawful possession of the Property shall, however, assume all development rights associated with this Agreement.
Section 7.3. Changes Requested by Mortgagee. Mortgagee may request certain modifications to this Agreement, and if requested, the City will meet with Developer and any Secured Lender to negotiate in good faith any such requested modification. The City will not unreasonably withhold its consent or approval to any such requested modification, provided that the proposed modification is consistent with the overall intent of the Project Approvals and does not either add to the obligations of nor materially conflict with City’s enjoyment of the benefits of this Agreement.
ARTICLE 8
DEFAULT
Section 8.1. Default.
(a) Subject only to any extensions of time by mutual consent in writing, or as or otherwise provided herein, the failure or delay by either Party to perform in accordance with the terms and provisions of this Agreement shall constitute a default. Any Party alleging a default or breach of this Agreement shall give the other Party not less than sixty (60) days written notice, which shall specify the nature of the alleged default and the manner in which the default may be cured. During any such sixty (60) day period, the charged Party shall not be considered in default for purposes of termination of this Agreement or institution of legal proceedings for the breach of this Agreement.
(b) After expiration of the sixty (60) day period, if such default has not been cured or is not in the process of being diligently cured in the manner set forth in the notice, or if the breach cannot reasonably be cured within sixty (60) days, the other Party to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement or give notice of its intent to terminate this Agreement pursuant to Government Code section 65868 and the City Development Agreement Ordinance.
(c) Prior to the City giving notice to the Developer of its intent to terminate or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review by the City in the manner set forth in Government Code sections 65865, 65867, and 65868 or the
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comparable provisions of the City Development Agreement Ordinance within thirty (30) calendar days from the expiration of the sixty (60) day notice period. (d) Following consideration of the evidence presented and said review before the City, and after providing the Developer an additional thirty (30) day period to cure, the City alleging the default by the Developer may institute legal proceedings against the Developer or may give written notice of termination of this Agreement to the Developer. (e) Evidence of default may arise in the course of a regularly scheduled periodic review of this Agreement pursuant to Government Code section 65865.1 as set forth in Section
8.2. If either Party determines that a Party is in default following the completion of the normally scheduled periodic review, without reference to the procedures specified in Section 8.1(c) but consistent with the procedures in Section 8.2, said Party may give written notice of termination of this Agreement specifying in the notice the alleged nature of the default and shall list potential actions to cure said default. If the alleged default is not cured in sixty (60) days or within such longer period specified in the notice or the defaulting Party is not diligently pursuing a cure or if the breach cannot reasonably be cured within the period or the defaulting party waives its right to cure such alleged default, this Agreement may be terminated by the non-defaulting Party by giving written notice.
(f) In the event Developer or its successors in interest are in default under the terms and conditions of this Agreement, no building permit application shall be accepted by the City nor building permit be issued to Developer or its successor unless and until such default is cured, or the Agreement is terminated and Developer has otherwise satisfied all City land use and development regulations as they exist at the time of application for a building permit consistent with the provisions of this Agreement.
Section 8.2. Annual Review. The City shall, at least every twelve (12) months during the Term of this Agreement, review the extent of substantial, good faith compliance of Developer and City with the terms of this Agreement. Such periodic review by the Director shall be limited in scope to compliance with the terms of this Agreement pursuant to Government Code section 65865.1. City shall deposit in the mail or fax to Developer a copy of all staff reports and, to the extent practical, related exhibits concerning contract performance at least seven (7) calendar days prior to such periodic review. The Developer shall be entitled to appeal a determination of the Director to the Planning Commission and then to the City Council. Any appeal must be filed within ten (10) days of the decision of the Director and the Planning Commission, respectively. Developer shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before the Director, Planning Commission or City Council, as appropriate.
Section 8.3. Estoppel Certificates. Upon Developer’s request, City shall, with at least thirty (30) days advance written notice, execute, acknowledge and deliver to Developer, Developer’s lender, potential investors or assignees, an “Estoppel Certificate” in writing which certifies that this Agreement is in full force and effect and that there are no breaches or defaults under the Agreement. The City Manager shall be authorized to execute such Estoppel Certificate. At Developer’s option, the City Manager’s failure to deliver such Estoppel Certificate within the stated time period shall be conclusive evidence that the Agreement is in full force and effect and that there are no uncured breaches or defaults in Developer’s performance of the Agreement.
Section 8.4. Default by City. In the event City does not accept, review, approve or issue development applications, permits or entitlements in a timely fashion, as defined by this Agreement, or if City otherwise defaults under the terms of this Agreement, City agrees that
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Developer shall not be obligated to proceed with or complete the Project or any phase thereof, nor shall resulting failures or delays in Developer’s performance constitute grounds for termination or cancellation of this Agreement.
Section 8.5. Cumulative Remedies of Parties. In addition to any other rights or remedies, City and Developer may institute legal or equitable proceedings to cure, correct or remedy any default, to specifically enforce any covenant or agreement herein or to enjoin any threatened or attempted violation of the provisions of this Agreement. The prevailing party in any such action shall be entitled to reasonable attorneys’ fees and costs. Notwithstanding the foregoing or any other provision of this Agreement, in the event of City default under this Agreement, Developer agrees that Developer may not seek, and shall forever waive any right to, monetary damages against City, but excluding therefrom the right to recover any fees or charges paid by Developer in excess of those permitted hereunder.
Section 8.6. Enforced Delay, Extension of Times of Performance. Delays in performance, by either Party, shall not be deemed a default if such delays or defaults are due to war, insurrection, terrorism, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed where mandated by governmental entities other than the City, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government or litigation, economic collapse, or other force majeure events. An extension of time for such cause shall be in effect for the period of forced delay or longer, as may be mutually agreed upon.
ARTICLE 9
TERMINATION
Section 9.1. Termination Upon Completion of Development. This Agreement shall terminate upon the expiration of the Term or when the Property has been fully developed and all of Developer and City obligations hereunder have been satisfied. Upon termination of this Agreement, City shall record a notice of such termination in substantial conformance with the “Notice of Termination” attached hereto as Exhibit L. This Agreement shall automatically terminate and be of no further force or effect as to any building or the parcel upon which such building is located, when the City has approved it for occupancy. Upon request by the Developer, the City shall record a Notice of Termination with respect thereto in substantial conformance with Exhibit L.
Section 9.2. Effect of Termination on Developer’s Obligations. Termination of this Agreement shall eliminate any further obligation of Developer to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Property or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of either Party to seek any applicable and available remedies or damages based upon acts or omissions occurring prior to said termination.
Section 9.3. Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Property or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of either Party to seek any applicable and available remedies or damages based upon acts or omissions occurring prior to said termination.
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ARTICLE 10
OTHER GENERAL PROVISIONS
Section 10.1. Assignment and Assumption. Developer shall have the right to sell, assign, or transfer all or any part of its rights, title and interests in all or a portion of the Property or the Project and this Agreement to any person, firm or corporation during the Term of this Agreement. Any assignee of Developer shall have all of the benefits and burdens of this Agreement, which shall run with the land and inure to the benefit of the assignee and City. Any assumption of all or part of this Agreement must be done in writing and in the form of the “Assumption Agreement” attached hereto as Exhibit K. Developer shall provide City with written notice of sale, assignment, or transfer, of all or a portion of the Property or Project (not including a financing transaction), at least thirty (30) days in advance of such action, subject to approval by the City Manager, which shall not be unreasonably withheld. Upon execution of an Assumption Agreement, Developer shall be relieved of any obligations under this Agreement expressly assumed by the assuming party. Further, no sale, transfer, assignment or other disposition of all or a portion of the Property or Project, or creation of a joint venture or partnership, shall require the amendment of this Agreement.
Section 10.2. Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of interest in the Property or Project, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law, including Civil Code section 1468.
Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Project, as appropriate, runs with the Property, and is binding upon the Developer of all or a portion of the Property and each successive Developer during its development of such Property and Project or any portion thereof, and until such time as said obligations are terminated pursuant to Article 9.
Section 10.3. Amendment to Agreement.
(a) Substantive Amendment. This Agreement may be amended by mutual consent of the Parties in writing in accordance with the provisions of Government Code section 65868 and the comparable provisions of the City Development Agreement Ordinance. Any “substantive amendment” shall require a public hearing before the Planning Commission and City Council, unless otherwise provided by law. An amendment shall be deemed substantive if it is one which changes the Term of the Agreement or modifies the provisions of the Agreement dealing with the permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by Developer, or any other material term or condition of this Agreement.
(b) Non-Substantive Amendment. The Parties acknowledge that refinements and development of the Project may demonstrate that changes are appropriate with respect to the details of performance by the Parties under this Agreement. The Parties desire to retain administrative flexibility with respect to details of the Project and with respect to those items covered in general terms under this Agreement. If changes, adjustments or clarifications are appropriate to further the intended purposes of this Agreement, or to comply with federal or state laws or regulations in accordance with Government Code Section 65869.5, and will not be materially inconsistent with the Existing City Approvals and Subsequent Approvals, the Parties may, unless otherwise required by law, effect changes, adjustments and clarifications without formal amendment to this Agreement through one or more Operating Memoranda mutually
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approved by the City Manager on behalf of the City and the Developer. Each Operating Memorandum will, after execution, be attached to this Agreement as an addendum and become a part hereof. Unless otherwise required by law, no such changes, adjustments or clarifications shall require prior notice or hearing.
Section 10.4. Releases. Developer shall relieve itself from further obligations relating to all or part of the sold, assigned or transferred Property or Project, provided that:
(a) The City agrees to the assignment of all rights and obligations of this Agreement in an Assumption Agreement, the City’s agreement to which shall not be unreasonably withheld, and the City Clerk receives a copy of the Assumption Agreement; and (b) The buyer, of the Property or portions thereof, by executing the Assumption Agreement, has expressly assumed any and all applicable obligations under this Agreement.
Section 10.5. Notices. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given.
Notices and communications shall be given to the Parties at their addresses set forth below:
If to City: City of Patterson
1 Plaza
Patterson, California 95363
Attention: City Manager
with copies to: White Brenner, LLP
1414 K Street, Third Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.
If to Developer: Baldwin Ranch Development, LLC
1412 Rockhaven Drive
Modesto, CA 95356
Attention: Joe Hollowell
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18} Page 26 of 28
with copies to: Baldwin Ranch Development, LLC
515 Keystone Blvd.
Patterson, CA 95363
Attention: Larry Buehner
Section 10.11. Statute of Limitations and Laches. City and Developer agree that each Party will undergo a change in position in detrimental reliance upon this Agreement from the time of its execution and subsequently. The Parties agree that section 65009(c)(1)(D) of the Government Code, which provides for a ninety (90) day statute of limitations to challenge the adoption of this Agreement, is applicable to this Agreement. In addition, any person who may challenge the validity of this Agreement is hereby put on notice that, should the legality or validity of this Agreement be challenged by any third party in litigation which is filed and served more than ninety (90) days after the execution of this Agreement, City and Developer shall each assert the affirmative defense of laches with respect to such challenge, in addition to all other available defenses. This Section in no way limits the right of a Party, claiming that the other Party breached the terms of this Agreement, to bring a claim against the other Party within the four (4) year statute of limitations statute set forth in Civil Code section 337.
Section 10.12. Standard Terms and Conditions.
(a) Venue; Governing Law. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California. (b) Waiver. No Party shall be deemed to have made any waiver of any breach of any term, condition or covenant unless said waiver is in writing and signed by the Party so waiving.
Such waiver by any Party shall not be deemed to be a waiver of any subsequent breach of the same term, covenant or condition.
(c) Integration. This Agreement, together with its specific references, attachments, and Exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the Parties hereto. Unless set forth herein, neither Party shall be liable for any representations made, express or implied, which are not specifically set forth herein.
(d) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written, electronic or oral, between the Parties hereto with respect to the Project and the Properties.
(e) Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (f) Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement.
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18} Page 27 of 28
(g) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
(h) Term Includes Extensions. All references to the Term of this Agreement shall include any extensions of such Term.
(j) Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title or interest to any portion of the Property shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property, and all rights and interests of such person in the Property shall be subject to the terms, requirements and provisions of this Agreement.
(j) Counterparts. This Agreement may be executed simultaneously or in two or more counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(k) Further Acts; Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents and to perform any further acts, as may be necessary and convenient to fulfill the purposes and objectives of this Agreement. (l) Time is of the Essence. Time is of the essence in this Agreement in each covenant and term and condition herein.
(m) Authority. Each Party executing this Agreement certifies, in their individual or corporate capacity that (i) they have legal or equitable title to the applicable parcels subject to this Agreement; (ii) they are authorized to enter into this Agreement, and (iii) they have complied with all requirements under state or federal law for such person or entity to execute this Agreement. (n) Joint Preparation. All Parties to this Agreement have negotiated it at length and have had the opportunity to consult with and be represented by their own competent counsel.
Each provision of this Agreement shall be construed as though all Parties participated equally in the drafting of the same. Consequently, the Parties acknowledge and agree that any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(o) Attorney’s Fees and Costs. In the event one of the Parties commences litigation for specific performance or damages for breach of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs incurred, in addition to any other relief to which such Party may be entitled.
[Signatures on following page]
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18} Page 28 of 28
IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the Effective Date of the Agreement as defined above.
DEVELOPER(S):
Baldwin Ranch Development, LLC,
a California limited liability company
Land Development Consulting Group,
LLC, a California limited liability
company, its Member
By: ______
Name: Joseph B. Hollowell, III
Title: Member
Date:
[NOTARIZATION REQUIRED]
Eagle Valley Investments, a California
corporation, its Member
By: ______
Name: Larry Buehner
Title: _______________________
Date:
[NOTARIZATION REQUIRED]
CITY:
CITY OF PATTERSON, a California
municipal corporation:
By:
Ken Irwin, City Manager
[NOTARIZATION REQUIRED]
APPROVED AS TO FORM:
By:
Nubia I. Goldstein, City Attorney
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
SCHEDULE OF EXHIBITS
EXHIBIT DESIGNATION EXHIBIT DESCRIPTION
Exhibit A Legal Description of Property
Exhibit A-1 Parcel Map Depiction of Property
Exhibit B Conceptual Site Plan
Exhibit C General Plan Amendment and Zoning
Exhibit D Tentative Map
Exhibit E Intentionally Omitted
Exhibit F Schedule of Fees
Exhibit G Conditions of Approval
Exhibit H EIR Mitigation Measures
Exhibit I Financeable CFD Improvements
Exhibit J Form Storm Basin Maintenance Agreement
Exhibit K Form Assumption Agreement
Exhibit L Form Notice of Termination
Exhibit M Project Approval Resolutions and Ordinances
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
EXHIBIT A
Legal Description of Property
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North EXHIBIT "A"
Legal Description
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 08.10.20 @ 10:07 AM by SCA0002402.doc / Updated: 07.10.19 4 CA----SPS-1-20-FSST-5111901596 For APN/Parcel ID(s): 021-091-003-000 and 021-091-004-000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PATTERSON, COUNTY OF STANISLAUS, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL “A” OF THAT CERTAIN PARCEL MAP FILED FOR RECORD NOVEMBER 3, 1966 IN BOOK 2 OF PARCEL MAPS, AT PAGE 89, STANISLAUS COUNTY RECORDS.
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
EXHIBIT A-1
Parcel Map Depiction of Property
7.1.b
Packet Pg. 72
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North SECTION 35 T.5S. R.7E. M.D.B.& M. 086 000 021
- 091
086 004
005 058
005 046
005 047
005 048
THIS MAP FOR
ASSESSMENT PURPOSES ONLY
o
o
, , , 00
071 072 076 077
j 027
BALDWIN RD. 25J1I36. 86' 62' 25'
02. 36.
2630'± 35. 1-1 30.104
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CN P (008) S Si IS r ^ p CO a© | CO 34.78 AC± +1 © si (007) J m v J ~~ 32.57 AC±
g I .3' to "S 663.82'
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CITY OF PATTERSON
WATER TANK
PORTION "A" PARK CENTER [295.00'
FLOOD ES. in
(004) 1^ 025-006 005 (OP?)
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— 121.43 AC± 1.42 AC± / 49.41 '
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— 110.09'
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*0 !V < (32-RS-31) o-5
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\
\
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X Stanislaus DEL^PUERTO RD. >r~
FROM: 021-026
DRAWN: 3-3-08 MF
REVISED: 8-20-08 DH, 03-01-10 MB, 5-5-10 MF
08 021
- 091
Copyright 2001 Stanislaus County-All rights reserved Assessor
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
EXHIBIT B
Conceptual Site Plan
7.1.b
Packet Pg. 74
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North f,
GDR ENGINEERING, Inc. ENGINEERING/SURVEYING/PLANNING
CERES, CA 95307 FAX: (209) 538-7370 Contact: Joshua Jantz / Max Garcia joshjantzOgdrengr.com / maxgorcioOgdrengr.com
3525 MITCHELL ROAD, SUITE G
TELEPHONE: (209) 538-3360
PROJECT SUMMARY
Spairrf Avwnm ±131.4 ACRES
±34.5 ACRES
±96.9 ACRES
TOTAL PROJECT AREA:
COMMERCIAL AREA: RESIDENTIAL AREA: TOTAL NUMBER OF LOTS:
DENSITY:
LOT SIZE:
AVERAGE LOT SIZE:
PARK SPACE (1-6):
PARK ACREAGE REQUIRED:
Sparry Aw®nu®
X
448
5.0 UNITS PER ACRE
50', 55' & 60 x 105' & 110'
6,230 SQ. FT. ±7.0 ACRES*
±5.6 ACRES**
CDF PARCEL 7 BALDWIN RANCH ±3.9 ACRES
(COMMERCIAL CENTER
W/ MIXED USE OVERLAY)
Fire Station ®1 Palms Plaza Commercial Center
(Future Development)
Caltrans Corp Yard I
Future Development
I
*Park Acreage Provided Does NOT Include Parcel 5 (Basin / Park) ** Park Acreage Required based on Quimby Act: 5 Acres / 1 ,000 Residents Persons Per Unit: 2.5 (Medium Density Residential)
PARCEL 8
±16.3 ACRES PARCEL 5
(BASIN / PARK) PARCEL ±8.6 ACRES 6
±5.7 ACRES
S BALDWIN RANCH - AREA 1
50' x 105' & 110' 120 LOTS 26.8%
- PARK 4
±0.6 ACRES BALDWIN RANCH - AREA 2 Cslwimsom P»rto»a^
I
55' x 1 05' & 1 1 0' 1 06 LOTS 23.7%
CaHvlneon Pmrfewgy
%
X
BALDWIN RANCH - AREA 3
PARK 1
±1.6 ACRES 50' x 110' 110 LOTS 24.5%
x y X y > y % w
PARKS
±0.8 ACRES BALDWIN RANCH - AREA 4
55' & 60' x 1 1 0' 112 LOTS 25.0%
y y X
1 a x y
23X §
o U %
y x y x y X - PARK 2
±0.1 ACRES \
\ X X X
(-jTT -Vi x y ?//////////.
r
l
SITE 1
& y v
i
X X. LJ x x
X /~ X X
7 PARK 3
±2.0 ACRES Or y x
x 1 %
I] / \ y •f PARKS
±1.9 ACRES X X
VICINITY MAP
y x CITY OF PATTERSON, STANISLAUS COUNTY, STATE OF CALIFORNIA y x I Baldwin Ranch ; X, X
l!
X X
L 1 • • •
BiiSdlwiffi) R@i)dl CONCEPTUAL SITE PLAN (NORTH) Existing Water Tank B&Odwilra R@adl City of Patterson Corp Yard 150 75 0 (If this sheet is not 24x36, it is a reduced print)
150 300 City of Patterson, Stanislaus County, California October 29, 2020
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
EXHIBIT C
General Plan Amendment and Zoning
7.1.b
Packet Pg. 76
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North R D
G GDR ENGINEERING, Inc. EXISTING GENERAL PLAN DESIGNATIONS FOR BALDWIN RANCH DEVELOPMENT CO. LLC.
R
GD
LEGEND
(LDR) Low Density Residential(LI) Light Industrial
City Limits
(GC) General Commercial(PQP) Public / Quasi-Public
Project BoundaryLake
±98.5 Acres
±32.9 Acres
Sperry Avenue Sperry Avenue
Calvinson Parkway
Park Center Drive
Baldwin Road
Delta Mendota Canal
Sperry Avenue
Baldwin Road
Interstate - 5
California Aqueduct
Delta
Mendota
Canal
Park Center
SITE
A.P.N.: 021-091-003 & 021-091-004
OWNER: Baldwin Ranch Land Co. LLC.
APPLICANT: Baldwin Ranch Development Co. LLC.
CONTACT: Joe Hollowell
ADDRESS: 1412 Rockhaven Drive
CITY/STATE/ZIP: Modesto, CA 95356
EMAIL: [email protected]
PROPERTY OWNER / APPLICANT
7.1.f
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Attachment: 20039 Existing General Plan (Baldwin Ranch North)
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) R D
G GDR ENGINEERING, Inc. EXISTING ZONING DESIGNATIONS FOR BALDWIN RANCH DEVELOPMENT CO. LLC.
R
GD
LEGEND
(LDR) Low Density Residential(WPIBP) West Patterson Industrial Business Park
City Limits
(GC) General Commercial(PQP) Public / Quasi-Public
Project BoundaryLake
±98.5 Acres
±32.9 Acres
Sperry Avenue Sperry Avenue
Calvinson Parkway
Park Center Drive
Baldwin Road
Delta Mendota Canal
Sperry Avenue
Baldwin Road
Interstate - 5
California Aqueduct
Delta
Mendota
Canal
Park Center
SITE
A.P.N.: 021-091-003 & 021-091-004
OWNER: Baldwin Ranch Land Co. LLC.
APPLICANT: Baldwin Ranch Development Co. LLC.
CONTACT: Joe Hollowell
ADDRESS: 1412 Rockhaven Drive
CITY/STATE/ZIP: Modesto, CA 95356
EMAIL: [email protected]
PROPERTY OWNER / APPLICANT
7.1.g
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Attachment: 20039 Existing Zoning (Baldwin Ranch North)
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) R D
G GDR ENGINEERING, Inc. PROPOSED GENERAL PLAN DESIGNATIONS FOR BALDWIN RANCH DEVELOPMENT CO. LLC.
R
GD
A.P.N.: 021-091-003 & 021-091-004
OWNER: Baldwin Ranch Land Co. LLC.
APPLICANT: Baldwin Ranch Development Co. LLC.
CONTACT: Joe Hollowell
ADDRESS: 1412 Rockhaven Drive
CITY/STATE/ZIP: Modesto, CA 95356
EMAIL: [email protected]
PROPERTY OWNER / APPLICANTLEGEND
(LDR) Low Density Residential(LI) Light Industrial
City Limits
(GC) General Commercial(PQP) Public / Quasi-Public
Project BoundaryLake
±98.5 Acres
±32.9 Acres
Sperry Avenue Sperry Avenue
Calvinson Parkway
Park Center Drive
Baldwin Road
Delta Mendota Canal
Sperry Avenue
Baldwin Road
Interstate - 5
California Aqueduct
Delta
Mendota
Canal
Park Center
SITE
(MDR) Medium Density Residential
7.1.h
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Attachment: 20039 Proposed General Plan (Baldwin Ranch North)
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) R D
G GDR ENGINEERING, Inc. PROPOSED ZONING DESIGNATIONS FOR BALDWIN RANCH DEVELOPMENT CO. LLC.
R
GD
A.P.N.: 021-091-003 & 021-091-004
OWNER: Baldwin Ranch Land Co. LLC.
APPLICANT: Baldwin Ranch Development Co. LLC.
CONTACT: Joe Hollowell
ADDRESS: 1412 Rockhaven Drive
CITY/STATE/ZIP: Modesto, CA 95356
EMAIL: [email protected]
PROPERTY OWNER / APPLICANTLEGEND
(LDR) Low Density Residential(WPIBP) West Patterson Industrial Business Park
City Limits
(GC) General Commercial(PQP) Public / Quasi-Public
Project BoundaryLake
±98.5 Acres
±32.9 Acres
Sperry Avenue Sperry Avenue
Calvinson Parkway
Park Center Drive
Baldwin Road
Delta Mendota Canal
Sperry Avenue
Baldwin Road
Interstate - 5
California Aqueduct
Delta
Mendota
Canal
Park Center
SITE
(MDR) Medium Density Residential
7.1.i
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Attachment: 20039 Proposed Zoning (Baldwin Ranch North)
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) {CW097854.18}
EXHIBIT D
TENTATIVE MAP
7.1.b
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Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North 021-091-004 & 021-091-003
EXISTING PARCELS: 2
wnn 0 EXISTING ACREAGE (GROSS): ±96.9 ACRES (DOES NOT INCLUDE BALDWIN RANCH COMMERCIAL CENTER)
SPERRY AVENUE
I' EXISTING GENERAL PLAN: LIGHT INDUSTRIAL SPERRY AVENUE PROPOSED GENERAL PLAN: MEDIUM DENSITY RESIDENTIAL
1. OASIS LANE
\
/
X
HORIZON LANE
CALVINSON PARKWAY (E)
STREET 1 (A)
/ z
AREA TOTAL - PARK
5.2 5,250 5,684 1 ±25.0 ±1.7 ±23.3 120
±21.5 106 4.9 5,775 6,339 2 ±23.5 ±2.0
X.
COURT 17 (A) 5.3 5,500 5,869 3 ±22.2 ±1.4 ±20.8 110
z 4.6 6,050 7,066 4 ±26.2 ±1.9 ±24.3 112
STREET 2 (A)
±89.9 448 5.0 5,250 6,228 TOTAL ±96.9 ±7.0
STREET 3 (A)
STREET 3 C/ (A)
AZALEA DRIVE
^2
\\ f
r
I / PHLOX DRIVE
STREET 8 (B) g
i \ <
I
£ W.S.I.D. LAT. 6 SOUTH
COURT 13 (A) z
STREET 9 (A)
i
STREET 12(BALDWIN ROAD) (D) STREET 12 (BALDWIN ROAD) (D) 7 DELTA MENDOTA CANAL
1 OF. 9 SHEET:
20039
FILE NO.
Sun
illuming
iBiuiml
W
I
AREA 4
(SEE SHEET 8)
AREA 3
(SEE SHEET 6)
STORM
DRAINAGE
BASIN / PARK
AREA 2
(SEE SHEET 4)
AREA 1
(SEE SHEET 2)
SITE ADDRESS:
CITY/STATE/ZIP:
2. 3.
1. 2.
TOTAL
ACREAGE
VICTOR BIZZANELLI
SAME AS ABOVE
P.O. BOX 250
ATWATER, CA 95301
2300 SPERRY AVENUE
PATTERSON, CA 95363
PARK
ACREAGE
MINIMUM
LOT SQ. FT.
AVERAGE
LOT SQ. FT.
BALDW1 IRANCH
COMMERCIAL CENTER
(NOTAMT)
A.P.N.
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7 8
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OF LOTS
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VICINITY MAP
CITY OF PATTERSON, STANISLAUS COUNTY, STATE OF CALIFORNIA GDR ENGINEERING, INC.
MAX GARCIA / JOSHUA JANTZ
3525 MITCHELL ROAD, SUITE G
CERES, CA 95307
209.538.3360
[email protected] / [email protected]
DENSITY
(U.P.A.)
BALDWIN RANCH DEVELOPMENT CO. LLC.
JOE HOLLOWELL
1412 ROCKHAVEN DRIVE
MODESTO, CA 95356
209.535.4012
[email protected]
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PROPERTY OWNER
NAME:
CONTACT:
MAILING ADDRESS:
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MAP PREPARED BY
NAME:
CONTACT:
MAILING ADDRESS:
CITY/STATE/ZIP:
PHONE:
EMAIL:
DEVELOPER
NAME:
CONTACT:
MAILING ADDRESS:
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TENTATIVE SUBDIVISION MAP
FOR
BALDWIN RANCH NORTH
DATE: 10/28/2020
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GDR ENGINEERING, INC.
ENGINEERING/SURVEYING/PLANNING
3525 MITCHELL ROAD, SUITE G CERES, CA 95307
TELEPHONE: (209) 538-3360 FAX: (209) 538-7370
WWW.GDRENGINEERING.COM
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SHEET INDEX
COVER SHEET
AREA 1 - LOTTING PLAN & STREET SECTIONS
AREA 1 - TOPOGRAPHIC SURVEY, LEGEND & ABBREVIATIONS
AREA 2 - LOTTING PLAN
AREA 2 - TOPOGRAPHIC SURVEY
AREA 3 - LOTTING PLAN
AREA 3 - TOPOGRAPHIC SURVEY
AREA 4 - LOTTING PLAN
AREA 4 - TOPOGRAPHIC SURVEY
PROJECT STATEMENTS
TSM CONSISTS OF 448 SINGLE FAMILY RESIDENTIAL LOTS, A STORM DRAINAGE BASIN / PARK & PUBLIC PARKS (LOTS ”AW - T).
DEVELOPER RESERVES THE RIGHT TO DEVELOP THE PROJECT IN MULTIPLE PHASES AND SEQUENCE OF PHASES.
TSM TO CREATE LOTS THAT WILL BE CREATED WITH FINAL "B” MAPS AS DEFINED IN BALDWIN RANCH DEVELOPMENT AGREEMENT.
ALL ROADS, DRAINAGE BASINS & PARKS TO BE DEDICATED TO THE CITY OF PATTERSON.
PROPOSED IMPROVEMENTS TO BE CONSTRUCTED PRIOR TO OR UPON RECORDING OF A FINAL MAP FOR THE PROJECT.
STORM DRAINAGE FACILITIES TO BE DEDICATED TO THE CITY OF PATTERSON.
SANITARY SEWER FACILITIES TO BE DEDICATED TO THE CITY OF PATTERSON.
WATER SYSTEM AND NON-POTABLE WATER FACILITIES TO BE DEDICATED TO THE CITY OF PATTERSON.
PROPOSED PUBLIC AREAS TO BE DEDICATED TO OR ACQUIRED BY THE CITY OF PATTERSON.
10. TREE PLANTING TO CITY OF PATTERSON STANDARDS.
11. STREET LIGHTING TO CITY OF PATTERSON STANDARDS.
12. ALL SETBACK REQUIREMENTS IN ACCORDANCE WITH THE MEDIUM DENSITY RESIDENTIAL DEVELOPMENT STANDARDS.
13. NO EXCEPTIONS REQUESTED.
14. SEE SHEETS 2, 4, 6 & 8 FOR LOT NUMBERS, LOT AREAS, LOT DIMENSIONS, STREET SECTIONS, SEWER, WATER AND STORM DRAINAGE AND SHEETS 3, 5, 7 & 9 FOR EXISTING CONDITIONS.
STREET9(A)
PROPERTY DESCRIPTION
PARCEL "A” OF THAT CERTAIN PARCEL MAP FILED NOVEMBER 3, 1966 IN VOLUME 2 OF PARCEL MAPS, PAGE 89, STANISLAUS COUNTY RECORDS, BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 7 EAST, MOUNT DIABLO BASE AND MERIDIAN.
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PARK ACREAGES SHOWN ARE GROSS ACREAGES.
TOTAL PARK ACREAGE REQUIRED BASED ON QUIMBY ACT 5 ACRES / 1.000 RESIDENTS MEDIUM DENSITY RESIDENTIAL: 2.5 PERSONS PER UNIT: ±5.6 ACRES REQUIRED o
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Packet Pg. 90
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North Project (2nd Reading and Adoption 1-18-22)) {CW097854.18}
EXHIBIT E
Intentionally Omitted
7.1.b
Packet Pg. 91
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
EXHIBIT F
Schedule of Fees
7.1.b
Packet Pg. 92
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North SCHEDULE OF IMPACT FEES: LIGHT INDUSTRIAL AND BUSINESS PARK Baseline Credit Amount
Fee Amount Source, if Any: Due
FEES DUE AT FINAL APPROVAL OF DEVELOPMENT AGREEMENT
(AFTER APPEALS PERIOD PASSES)
West Patterson Business Park Reimbursement Fee (per acre) $ 895.00 $ 895.00
FEES DUE UPON APPROVAL OF FINAL MAP
(per sf of building space or Flat Fee)
Storm Drainage Fee $ 1.65 See (b) below $ -
Sewer Connection Fee (based on water meter size) Varies See (a) below $ - FEES DUE AT BUILDING PERMIT (per sf of building space)
Street Improvement Impact Fee $ 0.60 $ 0.60
Water Connection Fee (based on water meter size) Varies See (a) below $ - Water Meter (2" meter-minimum charge) City's Cost See (d) below City's Cost General Government Impact Fee/City Hall $ 0.08 $ 0.08
General Government Impact Fee/Corporation Yard $ 0.15 $ 0.15 Public Safety Impact Fee/Police $ 0.04 $ 0.04
Public Safety Impact Fee/Fire $ 0.16 $ 0.16
FEES DUE AT BUILDING PERMIT (per acre)
I-5 Interchange: Light Industrial See (e) below $ 44,132.00 NON-CITY FEES DUE AT BUILDING PERMIT (estimated)
School Impact Fee (collected by the School District) $ See (c) below TBD County Wide Public Facility Impact Fee (collected by the County) $ See (c) below TBD Health Care District Fee (Del Puerto Health Care District) $ - See (c) below TBD
ENVIRONMENTAL FEES
EIR Mitigation Fees (e.g. Biological Resources) $ - N/A Pursuant to Final
EIR MMRP of
January 9, 2003 and
the 2020
Addendum.
Traffic $ - N/A
Pursuant to Final
EIR MMRP of
January 9, 2003 and
the 2020
Addendum.
(a) Waived with participation in CFD
(b) Developer to build facilities
(c) Fees must be confirmed with the appropriate governmental agency and/or school district. (d) Actual City cost plus 20% administrative fee.
(e) Fair Share per EIR Traffic Study
EXHIBIT F-1
7.1.b
Packet Pg. 93
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North Project (2nd Reading and Adoption 1-18-22)) SCHEDULE OF IMPACT FEES: COMMERCIAL
Baseline Credit Amount
Fee Amount Source, if Any: Due
FEES DUE AT FINAL APPROVAL OF DEVELOPMENT AGREEMENT
(AFTER APPEALS PERIOD PASSES)
West Patterson Business Park Reimbursement Fee (per acre) $ 895.00 $ 895.00 FEES DUE UPON APPROVAL OF FINAL MAP (per sf of building space)
Storm Drainage Fee $ 0.96 See (b) below $ -
Sewer Connection Fee (based on water meter size) Varies See (a) below $ - FEES DUE AT BUILDING PERMIT (per sf of building space)
Street Improvement Impact Fee $ 0.60 $ 0.60
Water Connection Fee (based on water meter size) Varies See (a) below $ - Water Meter (2" meter-minimum charge) City's Cost See (d) below City's Cost General Government Impact Fee/City Hall $ 0.08 $ 0.08
General Government Impact Fee/Corporation Yard $ 0.15 $ 0.15 Public Safety Impact Fee/Police $ 0.04 $ 0.04
Public Safety Impact Fee/Fire $ 0.16 $ 0.16
FEES DUE AT BUILDING PERMIT (per acre)
I-5 Interchange: Commercial See (e) below $ 44,132.00
NON-CITY FEES DUE AT BUILDING PERMIT (estimated)
School Impact Fee (collected by the School District) $ See (c) below TBD County Wide Public Facility Impact Fee (collected by the County) $ See (c) below TBD Health Care District Fee (Del Puerto Health Care District) $ - See (c) below TBD
ENVIRONMENTAL FEES
EIR Mitigation Fees (e.g. Biological Resources) $ - N/A Pursuant to Final
EIR MMRP of
January 9, 2003 and
the 2020 Addendum.
Traffic $ - N/A
Pursuant to Final
EIR MMRP of
January 9, 2003 and
the 2020 Addendum.
(a) Waived with participation in CFD
(b) Developer to build facilities
(c) Fees must be confirmed with the appropriate governmental agency and/or school district. (d) Actual City cost plus 20% administrative fee.
(e) Fair Share per EIR Traffic Study
EXHIBIT F-2
7.1.b
Packet Pg. 94
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North Project (2nd Reading and Adoption 1-18-22)) SCHEDULE OF IMPACT FEES: RESIDENTIAL
Baseline Credit Amount
Fee Amount Source, if Any: Due
FEES DUE AT FINAL APPROVAL OF DEVELOPMENT AGREEMENT
(AFTER APPEALS PERIOD PASSES)
West Patterson Business Park Reimbursement Fee (per acre) $ 895.00 $ 895.00 FEES DUE UPON APPROVAL OF FINAL MAP (Per Acre)
General Plan Reimbursement Fee $ 286.00 $ 286.00
Development Agreement Fee $ 570.00 $ 570.00
FEES DUE UPON APPROVAL OF FINAL MAP (Per Unit)
Storm Drainage Fee $ 2,535.00 See (a) below $0.00
Sewer Connection Fee $ 6,443.00 See (a) below $0.00
Parkland in Lieu Fee (or 0.0093 acre per unit dedication) $ 3,689.00 See (b) below $0.00 FEES DUE AT BUILDING PERMIT (Per Unit)
Street Trees (per tree) $ 75.00 $ 75.00
Street Improvement Impact Fee $ 3,879.00 $ 3,879.00
Water Connection Fee $ 10,678.00 See (a) below $ -
Water Meter (3/4" - see Ord. For larger sizes) City's Cost See (d) below City's Cost General Government Impact Fee/City Hall $ 342.00 $ 342.00 General Government Impact Fee/Corporation Yard $ 731.00 $ 731.00 Community Facilities Impact Fee/Community Center/Senior Center $ 2,313.00 $ 2,313.00 Community Facilities Impact Fee/Aquatic Center $ 615.00 $ 615.00 Community Facilities Impact Fee/Sports Complex II $ 916.00 See (b) below $0.00 Community Facilities Impact Fee/Park Development $ 2,585.00 See (b) below $0.00 Public Safety Impact Fee/Police $ 70.00 $ 70.00
Public Safety Impact Fee/Fire $ 457.00 $ 457.00
Services Impact Fee $ 800.00 $ 800.00
I-5 Interchange $ 43.00 See (e) below $ 1,478.00
Affordable Housing in Lieu Fee $ 8,761.00 $ 8,761.00
City of Patterson Fee (Downtown Revitalization or as determined by City Council) $ 500.00 $ 500.00
NON-CITY FEES DUE AT BUILDING PERMIT (estimated)
School Impact Fee (to be collected by the School District) (Per Square Foot) $ 5.48 See (c) below $ 5.48
County Wide Public Facility Impact Fee (for single family units) $ 8,113.00 See (c) below $ 8,113.00 Health Care District Fee (Del Puerto Health Care District) $ - See (c) below TBD County Traffic Mitigation Fee (per unit) $6,047.89
(a) Waived with participation in CFD
(b) Developer to build facilities.
(c) Fees must be confirmed with the appropriate governmental agency and/or school district. (d) Actual City cost plus 20% administrative fee.
(e) Fair Share per EIR Traffic Study
EXHIBIT F-3
7.1.b
Packet Pg. 95
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North Project (2nd Reading and Adoption 1-18-22)) {CW097854.18}
EXHIBIT G
Conditions of Approval
7.1.b
Packet Pg. 96
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North
CONDITIONS OF APPROVAL
Final Development Plan
1. Development of the project shall be in accordance with the approved plan, as modified by these conditions and as may be modified by a development agreement between the City and developer. In the event of any conflict between these conditions and the terms of any development agreement between the City and developer, the terms of the development agreement will control and these conditions will be deemed modified.
2. Prior to issuance of any building permit, the applicant shall enter into an agreement with the City of Patterson which shall specify the improvements to be installed to serve the applicable phase of the development, in accordance with the approved improvement phasing plan.
3. Approval of the plan shall run concurrently in time with the timeline for the tentative map as prescribed by the Subdivision Map Act and applicable standards of the City of Patterson, unless prior to the expiration date substantial physical construction has been completed on the development or the applicant has applied for a time extension, or as amended by the Development Agreement. The Council may, upon good cause shown, grant a time extension in accordance with the Subdivision Map Act and applicable standards of the City of Patterson.
4. Developer agrees to and shall hold the City, its officers, agents, employees, and representatives harmless from liability for damage or claims for personal injury, including death, and claims for property damage which may arise from the direct operations of the developer or those of its contractors, subcontractors, agents, employees or other persons acting on its behalf with respect to the project. Developer agrees to and shall defend the City and its officers, agents, employees, and representatives from actions for damages caused or alleged to have been caused by reason of developer’s activities in connection with the project. This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to above, regardless of whether or not the City prepared, supplied or approved plans or specifications or both for the project. Developer further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of the development agreement. Developer may elect to, but shall not be obligated to, pay for a separate defense for City if City elects to retain independent legal counsel.
5. The applicant shall pay all applicable AB1600 impact fees including the general government impact fee, the community facilities impact fee, the street improvement impact fee, fees relating to sewer, water and storm drainage, and the public safety impact fee in accordance with applicable provisions of the Patterson Municipal Code except as the payment of required fees may be amended by a development agreement executed between the City and the developer. In addition, the City shall grant credit toward the payment of these fees for projects undertaken by the developer, in accordance with adopted improvement plans and/or the terms identified in a development agreement, to the extent that such projects would otherwise be funded by these fees.
7.1.b
Packet Pg. 97
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North
6. Prior to approval of the final map, the applicant shall pay the fair share reimbursement fee for work related to the West Patterson Projects Environmental Impact Report.
7. Prior to issuance of a certificate of occupancy for the first building the developer shall provide mail receptacles for the units as required by the Postmaster of the City of Patterson.
8. Public utilities easements shall be granted to the satisfaction of the Public Works Director and City Engineer.
9. The developer shall obtain an encroachment permit for all work conducted within the public right-of-way.
10. Development shall conform with the adopted zoning requirements except as otherwise approved.
11. The project shall be subject to the Mitigation Monitoring and Reporting Program (MMRP) of the West Patterson Projects Environmental Impact Report, as appropriate.
12. The intersection of Baldwin Ranch and Calvinson Parkway shall be redesigned to include a modern roundabout, to the satisfaction of the City Engineer, based on review for adequate spacing.
13. The intersection of Baldwin Ranch Parkway and Street 12 shall be redesigned to include a roundabout, to the satisfaction of the City Engineer.
14. Walls shall be included along Baldwin Ranch Parkway with contrasting pilasters as approved by the City Engineer and Community Development Director.
15. Walls shall be included along the interface with the Delta Mendota Canal, as approved by the Community Development Director.
16. Walls with contrasting pilasters shall be included along the interface with the City water tank designed to provide sound attenuation sufficient to achieve General Plan noise objectives. If such walls would need to be more than eight feet in height to achieve those goals, this condition shall be brought back to the Planning Commission for further consideration.
17. Walls with contrasting pilasters shall be included along the interface with the City’s Corporation Yard designed to provide sound attenuation sufficient to achieve General Plan noise objectives.
18. Where community theme walls terminate at a street opening, the them wall design shall include major project entry monumentation or minor project entry monumentation depending on the street hierarchy. Under no circumstances shall a them wall end abruptly with the exception of a pedestrian opening.
19. Azalea Drive and Street 3 shall be connected between Street 6 and Baldwin Road.
7.1.b
Packet Pg. 98
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North
20. Street 3 shall include roundabouts at the intersection with Street 5 and Street 15.
21. The area around the intersection of Street 13 and Street 3 shall be redesigned so as to include two knuckles on Street 13, dividing Street 13 to limit long stretches of uninterrupted road segments and to discourage that street as a cut through route.
22. Street 19 and Street 8 shall be designed to align at Baldwin Ranch Parkway and to connect for vehicular traffic. A bike path shall be included extending between the Parks along those streets.
23. The project shall provide suitable functional park space for each quadrant or to be combined with a single larger park centralized on the eastern and/or western halves of the project area, to the satisfaction of the Community Development Director and City Engineer.
24. The open space located between Calvinson Parkway and Street 1, on the northeast quadrant of the residential area shall be designed as an urban forest, so as to block views between the proposed hotel and houses within the project. The northernmost lot on Street 6 shall be squared off, so as to limit views from the hotel toward that site. A bicycle/pedestrian path shall be provided through the area from bike paths along Street 1 to the intersection of Baldwin Road and Calvinson Parkway. Except at openings for pedestrian access, open spaces along Calvinson Parkway and Baldwin Road shall include a decorative wrought iron fence, so as to limit unintentional interactions between people and vehicles.
Non-Residential Development
25. Prior to issuance of a building permit for any non-residential development, an exterior lighting plan and site lighting footcandle plan shall be prepared subject to the review and approval of the Community Development and Police Departments.
26. Prior to issuance of a certificate of occupancy for all non-residential buildings, all ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view.
All roof-mounted equipment which generates noise, solid particles, odors, etcetera, shall cause the objectionable material or effects to be directed away or shielded from adjoining land designated for residential development. A plan for the treatment of roof top equipment shall be submitted to the Community Development Department prior to issuance of a building permit.
27. Architectural style, colors and materials for all buildings shall be consistent with the Community Design Guidelines and shall be internally consistent and shall be subject to review as outlined in the Patterson Municipal Code.
28. All planted areas shall be separated from driveways by concrete curbs.
7.1.b
Packet Pg. 99
Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North
29. Prior to issuance of a building permit for each building, a site plan shall be submitted identifying the location of all trash containers, for review and approval by the Community Development Department. Trash enclosures shall be constructed to City standards and shall be architecturally compatible with the design of the project and shall be laid out for easy access by collection trucks.
30. In such cases where trash bin enclosures are to be installed abutting structures, the common wall shall be of a noncombustible masonry type material with no openings for vents or windows.
31. Interior vehicle travelways shall be designed to be capable of withstanding loads imposed by trash and delivery trucks.
32. All on-site utilities and utility fixtures shall be underground.
33. Landscaping and street trees shall be provided along all project street frontages in accordance with City standards. Existing landscaping shall be replaced as necessary as determined by the Community Development Director.
34. Developer shall provide design details (or vendor specifications) for all streetscape items (planters, waste containers, benches, bicycle racks etc.) with first building permit applications.
35. A deposit shall be required to cover the installation of irrigation, landscaping, and plant materials (relocation) based upon the estimate of costs to be paid for and provided by the developer.
36. Trash Enclosures shall be required for non-residential projects and must be designed and constructed to comply with the Department of Health and Storm Water regulations (not located in proximity of a drain inlet, have covers, have adequate secondary containment, etc.). Trash enclosures should be sized to comply with commercial and organics recycling requirements. If the trash enclosure is being shared with another facility, the trash enclosure must be adequately sized to be able to service more than one facility. All trash enclosure plans must be reviewed and approved by the City’s Planning Department. For a copy of the City standard, please contact Engineering at (209) 895-8076.
37. Stormwater quality control devices (SCDs) /Low Impact Development (LID) shall be required for this project and must be included as part of the civil improvement plans submitted for the project. This includes having post BMPs to address oil/grease/debris/trash, etc. Additionally, all gas stations must meet the standards established in the City’s Multi-Agency Post-Construction Stormwater Standards manual by visiting http://www.ci.patterson.ca.us/535/Post-ConstructionStandards-Manual
38. Any food establishments installed as part of this project shall install grease interceptors, per City Standard 7.17. All grease interceptors must be constructed by the developer on private property on the sewer service lateral for any facility whose operation will result in oil, grease, sand or other solids being discharged into the City’s sanitary sewer system. Interceptors shall conform
7.1.b
Packet Pg. 100 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North to the latest California Plumbing Code Standards (minimum size is 750 gallons) and all grease interceptors shall have a sample point and shall be constructed outside the building where they can easily be inspected for proper operation by the City. Per the City’s Municipal Code, any business that has a Grease Interceptor/Trap must be part of the City’s Fats, Oil, and Grease (FOG) Program and plans must be submitted and approved by the City. Please contact Public Works to schedule an on-site FOG Visit once the project is complete.
39. All facilities shall be connected to the City’s municipal system for water (potable and nonpotable), sewer and storm and be signed up for services prior to being in operation. This includes garbage service. This also includes Garbage Services (Commercial Recycling – AB 341).
The City currently has a 7-year Contract with Bertolotti Disposal (Effective July 1, 2014) which grants an exclusive “Commercial & Residential Solid Waste Franchise” for Garbage Services.
Please contact the City’s Finance Department at (209) 895-8040 to sign up for utility services or for any questions.
AB 1826 (Organic & Food Waste Recycling) requires that businesses generating 2 cubic yards of organic waste to arrange for organic waste recycling services. Effective January 1, 2017 this requirement will extend to businesses generating 2 cubic yards of organic waste to arrange for organic waste recycling services. For further information about this requirement, please visit the City’s website at www.ci.patterson.ca.us or the State’s Cal-Recycle website http://www.calrecycle.ca.gov/recycle/commercial/organics/ or call Xavier Guluarte at (209) 895- 8068.
40. Project must ensure that there are enough trash receptacles in front of any commercial areas that might be developed as part of this project. The receptacles shall follow the current City Standard for downtown area.
41. A storm drainage connection shall be required for the project at Baldwin Road (by Corp Yard).
42. Project shall complete landscaping on the east side of Baldwin Road, south of Azalea Drive.
43. Baldwin Road should be built out to its full width all the way to Tank Road with potential reimbursement by future development.
All development
44. Fire lanes and access roads must be installed prior to construction of the first building to the satisfaction of the Fire Chief and the Public Works Department
45. All fire lanes shall be posted and enforced, per Police Department and Fire Department guidelines.
46. Prior to placement of lumber or other combustible materials on the site, the domestic water system, including fire hydrants, shall be installed and tested and all-weather roads shall allow access to all areas of the site, per Fire Department and Public Works Department standards.
7.1.b
Packet Pg. 101 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North
47. Prior to concrete pour inspection, compaction tests are required for all footings.
48. Electrical conduit shall have a separate ground wire installed.
49. Improvements required for project development will include street paving, curb, gutter, street lights, sidewalks, landscaping, the required utilities, grading and drainage.
50. Prior to approval of grading and improvement plans, the applicant shall enter into an agreement with the City for inspection of said improvements.
51. Fire hydrants shall be installed along all public streets and on site with intervals and placement subject to approval of the Fire Chief.
52. The developer shall install sewer laterals to each building at a size appropriate for proposed use to the satisfaction of the Public Works Director. The minimum size shall be calculated.
53. At the time of Public Improvement Plan review, plans shall be submitted to all applicable public utility companies for review. Comments from the utilities regarding required easements, transformer locations, etc. shall be forwarded to Engineering Department for review and approval.
54. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the subject site. The flushing of dirt and debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works.
55. All required public improvements shall be designed and constructed in accordance with the City of Patterson Standard Specifications and Drawings, including any standards updated prior to approval of the improvement plans.
56. Backflow prevention devices shall be installed by the applicant on all water services as required by the Public Works Director and County Health Officer or their representatives as necessary for the safety of the water system. Examples of the types of uses requiring backflow prevention include medical uses, landscape services, on-site plumbing which incorporates pumps, etc.
57. The project shall include provisions for the sharing of parking, driveway access and shall incorporate easements necessary for all utilities to the approval of the City.
58. All construction activities, including the warming of construction vehicle engines, shall be limited to Monday through Saturday only between the hours of 7 A.M. to7 P.M. and on Sunday if construction activities are no closer than 300 feet to occupied residences. The potential for construction activities will be disclosed in writing to all future residents of the project. At the discretion of the Public Works Director, these hours may be extended and these distances may be reduced.
7.1.b
Packet Pg. 102 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North
59. All final conditions of approval of this project shall be printed on or attached to the building plans and/or improvement plans. These shall be in the form of a photocopy of the final action letter of the decision maker (preferably printed as a separate numbered sheet) submitted to the City for all applications on the subject property.
60. In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading, excavation and construction shall cease in the immediate area, and the find left untouched until the Native American Heritage Commission is contacted and a qualified professional archeologist or paleontologist, whichever is appropriate, is retained to evaluate and make recommendations as to disposition, mitigation, and/or salvage.
61. The applicant shall prepare a plan for on site signage and exterior treatments associated with model homes, including landscaping and sales office for approval of the Community Development Director prior to issuance of a building permit. A Master Sign Plan shall be submitted and approved by the Community Development Director which shall be applied to all subsequent development within the Development Plan area.
62. All buildings shall be uniformly numbered with numbers visible from the street and internally illuminated, consistent with California Building and Fire Code requirements.
63. No air conditioning or similar mechanical equipment shall be installed on roofs of dwellings or within any setback area of 5 feet or less.
64. Self-contained temporary restroom and sanitation facilities shall be on the job-site and be properly maintained until finish of all construction. Connection to sanitary sewer system for temporary restroom and sanitation facilities is prohibited.
65. Final building elevations and parcel site plans for each dwelling unit within each phase of construction shall be reviewed and approved by the Community Development Director prior to building permit issuance for any new dwellings unless otherwise approved with the Final Development Plan. Such elevations and parcel site plans shall incorporate design elements, materials, setbacks and other features as necessary to ensure that the applicable streetscape is not dominated by garages; that the residential units are located toward the street frontage; and that a vital, varied and pedestrian-friendly urban form is enhanced. Elevations and site plans shall be consistent with the City’s anti-monotony ordinance. The elevations and parcel site plans shall incorporate the following elements:
a. Variability in the building setbacks from the street. b. At a minimum, 33% of the residential units in each final map of the project shall have a garage that is setback a minimum of ten (10') feet from the frontmost exterior wall of the livable portion of the residential unit. In addition, a minimum of every fifth unit in each final map of the project shall have a garage that is setback a minimum of ten (10') feet from the frontmost exterior wall of the livable portion of the residential unit (applies to lower level only).
7.1.b
Packet Pg. 103 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North c. At a minimum, 33% of the residential units in each final map of the project shall feature a usable and adequate front porch with a minimum depth of 6 feet and a minimum uninterrupted width of 10 feet of usable space. In addition, a minimum of every fifth unit in each final map of the project shall have a usable and adequate front porch as described above (applies to lower level only).
d. Reversing the building footprints for the models chosen, and incorporating a range of exterior materials and window treatments.
66. Wall and fence materials shall be consistent with applicable City standards. Project perimeter walls shall be constructed of masonry block, with contrasting pilasters, or other similar materials to the approval of the Community Development Director. Stucco may be used on the exterior of masonry block walls. The minimum gate size for side yard fencing shall be 42 inches. A continuous concrete walkway of a minimum 36 inches width shall be provided to connect the driveway with at least one side yard.
67. To help ensure public safety, the irrigation lateral shall be placed underground or filled in, as appropriate, to the approval of the City Engineer.
68. All new construction shall meet the requirements of the City Fire Department, as they relate to fire issues.
69. All dwelling units shall utilize non-combustible roofing materials.
70. If construction water will be obtained from the City’s Fire Hydrant(s), a Fire Hydrant Use Permit Application shall be submitted and approved by the Public Works Department. Fees, Deposits, and Water Rates are listed on the permit application.
71. All new construction activities for commercial/industrial development projects shall require an Encroachment Permit from the Public Works Department.
72. All street lighting shall be LED. For further details regarding LED requirements/ specifications, please contact Engineering at (209) 895-8076.
73. Landscape plans shall be submitted to the Engineering Department and shall comply with AB1881 (Water Use Efficiency)/MWELO requirements. Once the landscaping is complete an audit must be completed, and the Certificate of Completion/Landscape Document Package sent into the City. The City will require passing audits for the Landscaping.
74. Projects shall submit a Construction & Demolition Waste Management Plan to the Public Works Department. The City will require a final package prior to obtaining a final, including disposal tickets, to be submitted to ensure 60% diversion rate has been achieved. For further information regarding this item, please contact Xavier Guluarte at (209) 895-8068 or via email at [email protected]
7.1.b
Packet Pg. 104 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North
75. The City shall require the developer to enter into a Landscape and Stormwater Control Measures (SCMs) & Access Agreement which holds the developer responsible for the ongoing maintenance of all private landscaping and stormwater treatment control measures installed on the project for any areas that will be owned and maintained privately. The agreement must be signed and recorded prior to inspections.
Schools
76. Prior to building permit issuance for any dwelling, the developer shall demonstrate to the City full compliance with the provisions of Government Code Section 65995 et seq. as amended by the Leroy R. Greene School Facilities Act of 1998.
Common Areas
77. The project shall annex into a City Maintenance Community Facilities Districts (including CFD 2003-1; 2005-1; Maintenance Non-Residential 2013-1, and Maintenance Residential 2018-2). All common areas and amenities shall be administered and maintained through that CFD. All costs associated with annexation into the districts is paid for by the developer.
78. The size, shape, arrangement and location of walkways, parking areas and landscaped areas shall be developed in substantial conformity with the approved plan. Substantial conformity shall be determined by the Community Development Director and the City Engineer. In the event of a disagreement between the applicant and Director, such determination shall be made by the Planning Commission.
79. Street trees shall be required on all new roads; the type, size and location shall be in accordance with the City’s Street Tree Planting Standards and street tree list and as approved by the Community Development Director and Public Works Director.
80. The developer shall ensure that fences, walls, signs, and entry gates, are consistent with the City of Patterson Community Design Guidelines and sign regulations. Signs shall be located outside the public road right-of-way and shall not interfere with driver sight distance requirements at intersections.
81. Developer shall provide and determine a maintenance program in cooperation with the City of Patterson for landscaped areas between all roads and any approved noise walls, other walls, street trees, and bicycle lanes, subject to review and approval of the City.
82. All grading and vegetation removal/landscaping plans shall require a grading permit which shall be reviewed by the City of Patterson for consistency with applicable landscaping standards, Stormwater Regulations, and City Standards.
7.1.b
Packet Pg. 105 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North
83. Landscaping and irrigation shall be installed in compliance with AB 1881 on all front yards, and side yards of lots when visible from public streets to the satisfaction of the Community Development Director and Public Works Director.
84. The final landscaping plan for all common areas shall be approved by the Community Development Director and Public Works Director prior to building permit issuance for any improvements, and shall incorporate landscaped entry feature(s) at the project’s Calvinson Parkway/Park Center Drive, Calvinson Parkway/Baldwin Road, and Baldwin Road/Street 12 entrances.
Roads
85. The design of streets shall be consistent with the street sections approved.
86. Each final map shall include bicycle trip support infrastructure, including bike lanes on major roadways, as appropriate.
Parks
87. The developer shall offer to dedicate to the City land for parks in the size and location as generally illustrated in the tentative map, as amended by these conditions, and as described in the Development Agreement. Said offers of dedication shall be required to be recorded concurrent with the recordation of final tract maps which encompass, or are adjacent to, a park site.
88. Final park plans shall be approved by the Community Development Director and Public Works Director prior to construction and shall be consistent with the City of Patterson Park Design Guidelines & Standards as amended.
Affordable Housing
89. Prior to the issuance of a building permit for any residential unit the applicant shall submit a program for the provision of affordable housing that satisfies the purpose and intent of the City’s inclusionary housing ordinance, except as such requirements may be amended by the execution of a development agreement between the City and the developer. Such program shall address, at a minimum, the following:
a. The number of units affordable to very-low, low- or moderate income households; b. The timing and method of providing the affordable units; c. Provisions to ensure that incomes of renters/buyers fall within the ranges established by the State of California for dwellings affordable to very low, low and moderate income households.
d. Provisions for ensuring that the affordable units remain affordable to very-low, low or moderate income households;
7.1.b
Packet Pg. 106 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North Tentative Map
90. The applicant shall file one copy of the Tentative Map to be used for assigning addresses.
91. The developer shall pay all appropriate fees due prior to recordation of each final map.
92. No construction shall commence and no grading shall be performed prior to the recording of the final map, unless special permission is granted by the City Manager.
93. Developer shall provide notice to all buyers of homes within 200 feet of existing agricultural operations the existence and applicability of the City’s Right-to-Farm ordinance.
Improvement Plans
94. There shall be no occupancy of dwelling units within a phase of the project until public improvements are accepted by the City for that phase. Improvements shall include parks, landscape areas, roundabouts and other similar areas. No request for occupancy shall be approved until all conditions are completed and accepted or approved, or are in suitable condition satisfactory to the City Engineer.
95. The subdivider shall enter into a subdivision agreement for each phase of the project with the City of Patterson for subdivider to perform the installation and construction of all improvements as contained in the conditions of approval of the subdivision and those required by the subdivision sections of the Patterson City Code; and shall post bond, cash deposit, instrument of credit, or such other security which conforms with State law and as approved by the City Attorney, guaranteeing the installation and construction of all required improvements within 24 months from recordation of the final map or within an approved time extension in accordance with the provisions of the Patterson City Code.
96. All subdivision improvements shall be constructed in conformity with the City of Patterson:
Standard Subdivision Improvements Specifications, unless otherwise directed by the City Engineer.
97. The reasonable cost of all inspections related to on-site and off-site improvements shall be borne by the subdivider.
98. The subdivider shall be responsible to the City for all actions of his/her contractors and subcontractors until such time as the improvements have been accepted by the City.
99. The subdivider shall set all monuments required by the Subdivision Map Act before subdivision improvement bond or security is released.
7.1.b
Packet Pg. 107 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North 100. Prior to map recordation, the applicant shall submit a set of improvement plans prepared by a Registered Civil Engineer for construction of improvements. The improvements shall include but shall not be limited to curbs, gutters, sidewalks, underground utilities, street lights with underground wiring, appropriate directional and regulatory traffic control signs, sewer system, water system, and adequate positive drainage.
101. Improvement plans shall include, but shall not be limited to, grading, sediment & erosion control, streets, drainage, sewer, water, and appurtenant improvements and shall be submitted concurrently for the tract unless otherwise permitted by the City Engineer. In addition, a master utility plan for the tract shall be submitted showing the layout and location of all on-site and offsite utility facility improvements. This plan must bear the approval signatures by appropriate representatives from each utility company unless otherwise permitted by the City Engineer. The plan submittal shall also include construction cost estimates, plan check fees, soils and geologic reports (as necessary) and all pertinent engineering design calculations. The final map may not be recorded unless all said improvement plans and utility master plan have been approved by the City Engineer.
102. Faithful performance and labor and material bonds (each to be 100% of the City Engineer's Estimate) shall be posted with the City to cover all public improvements, onsite grading, and retaining walls prior to the issuance of building permit. 103. The applicant shall provide the original mylars and electronic copies of the public improvements plans, modified to reflect the field changes made during construction. The plans shall be stamped "Record Drawings" and submitted to the City prior to occupancy clearance. 104. Subdivider shall provide the City with one set of mylar and three sets of blue line prints of the Record Drawings improvement plans before any final of dwelling units. 105. Prior to recordation of a final map, the applicant shall submit three copies of a landscaping plan for all newly created slope banks, common areas, public rights-of-way and for all street trees for that phase. Said plan shall be prepared by a licensed landscape architect and subject to the approval of the Public Works Director, Community Development Director, and City Engineer. The plan shall include:
a. The location, type and size of all plant materials; native and low water use and drought resistant species shall be emphasized;
b. The extent and method of irrigation, emphasizing low-water use techniques wherever feasible.
c. Erosion control systems during the period when plants are becoming established. d. Soil preparation, staking techniques and planting methods for all trees. e. Street trees provided at a rate of one tree per lot and 3 per corner lot, as well as one tree per 50 feet of street frontage for both public and private streets which have no houses fronting them. Street trees should be planted 3.5 to 5 feet behind the back of sidewalk (except where a planter strip is provided between the sidewalk and curb) to avoid future sidewalk damage. Underground utility locations shall be considered in the location of
7.1.b
Packet Pg. 108 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North such street trees. A root barrier shall be included. All street trees shall be installed per the City street tree planting standard and approved Street Tree Master Plan. 106. The developer shall install all common area signs, fences, street trees and landscaping materials according to the approved plans and in conjunction with other subdivision improvements, unless an alternative schedule is approved by the Community Development Director and adequate security for same has been deposited in a manner approved by the City Attorney. The subdivider shall maintain and replace, when necessary, all plantings and fencing until a landscaping and lighting district is in place or some other similar mechanism approved by the City. The City will cooperate in the formation of a landscape and lighting district as agreed to by the City Council.
107. Unless and until the City explicitly accepts the responsibility, maintenance and replacement of street trees and landscaping on any City right-of-way shall be the responsibility of the subdivider. The developer shall be responsible for the maintenance and replacement of street trees and landscaping for a period of one year following issuance of the final building permit for the last dwelling in each tract or phase.
Grading
108. Complete grading and drainage plans and Erosion & Sediment Control Plan shall be submitted to and approved by the City Engineer prior to the recordation of the final map. 109. Where the difference in average elevations between adjacent lots is in excess of six inches, slope shall not exceed 2 to 1 grade or a grade found reasonable in the soils report, or a retaining wall shall be required consistent with the City Standard Improvements. 110. Prior to any site grading or construction, an erosion & sediment control plan, a Stormwater Pollution Prevention Plan (SWPPP), WDID#, and Dust Control Permit shall be submitted to and approved by the Public Works Department. Said plan and program shall address specific temporary and permanent erosion & sediment control measures associated with the project. The project must comply with the Stormwater Post-Construction/LID standards. 111. It is the contractor’s responsibility to use watering, dust fences, or other methods as directed by the City, to control dust throughout the construction operation. The developer shall use all reasonable efforts to obtain non-potable water for construction or dust control purposes. This condition shall not be interpreted as prohibiting the use of City water supplies for the irrigation of street lines and landscaping required in common areas. 112. All grading construction debris materials shall be removed and disposed into an approved dump site prior to any excavation or fill operations and/or as directed by the City and shall comply with all SWPPP and C&D Waste Management Plans.
113. The subdivider or his/her agents or employees shall be responsible for removal and clean-up of any spill on public streets during his entire grading operations.
7.1.b
Packet Pg. 109 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North 114. In the event phased grading is permitted by the City Council, the subdivider shall install the required drainage facilities concurrently with the rough grading operations or provide an interim drainage and erosion control plan, and construct interim improvements, with prior approval from the City Engineer, for mitigating any potential flooding and erosion that may adversely affect adjacent properties and public rights-of-way. 115. Drainage facilities, to service any phase of the project, shall be provided and constructed to satisfy all Federal, State, and Local standards/regulations and as directed and approved by the Public Works Director and City Engineer, prior to acceptance of tract improvements by the City Council. The City will require the property owner to enter into a Landscape & Stormwater Control Measures (SCMs) Maintenance & Access Agreement prior to final acceptance of the project completion. The City will require an O&M plan to be submitted and attached as an Exhibit to this agreement.
116. Lots shall drain into a street or approved drain in such a manner that there will be no undrained depressions. The design of all such drains shall be subject to the review and approval of the City Engineer.
117. The subdivider shall procure easements or consents from all affected landowners for any diversion of historical flow, changes in drainage conditions, or acceptance of any additional water flowing over their property, as determined by the City Engineer and according to law. 118. An engineering cost estimate shall be submitted with the grading and improvement plans.
The applicant's engineer shall sign and stamp the calculation and cost estimates prior to issuance of building permits.
119. Prior to issuance of the first grading permit, final right-of-way width and routes for drainage channels, pipelines, and service roads needed to serve each phase shall be established. 120. Measures to control erosion during construction shall be incorporated into the grading plans, and shall be subject to review and approval by the City Engineer. 121. Prior to issuance of a grading permit, the applicant shall submit a soils report, prepared by a registered geologist or qualified civil engineer, concerning soil conditions for grading, excavations, slope stabilization and revegetation, and footing and foundation construction. 122. The applicant shall obtain a grading permit for on-site excavation and fill prior to construction.
Sewer, Water and Drainage
123. A water infrastructure improvement phasing plan as reasonably needed to meet the requirements of the project area shall be submitted to the City Engineer for review and approval and shall contain, as a minimum: (1) a layout of the complete system; (2) all facility sizes,
7.1.b
Packet Pg. 110 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North including support calculations; (3) construction phasing; and (4) construction cost estimates. In the event that groundwater characteristics prohibit well capacities as planned in the City's Master Plan, alternative well sites and a modified distribution system (if applicable) will be required.
124. Prior to issuance of a building permit, sufficient water pressure and capacity to serve the portion of the project area where such development is proposed will be assured. 125. Design of the proposed project facilities shall include provisions to minimize water requirements.
126. The City shall not issue any building permits for new construction without the demonstrated assurance of an adequate water supply, adequate sewage collection and treatment capacity, and adequate storm drainage capacity to support such development. To meet City standards for storm drainage capacity, applicant shall be allowed to utilize parks as stormwater detention basins.
127. A sewerage infrastructure improvement phasing plan for the project area shall be submitted to the City Engineer for review and approval and shall contain, as a minimum; (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and (4) construction cost estimates.
128. The developer shall install, or pay for the installation of, facilities to expand the sewage treatment capacity of the City's Wastewater Treatment Plant as needed to serve each phase. The developer may proceed with an initial phase of the project, provided that the City Council determines that there is existing treatment capacity in the existing plant. 129. A storm drainage infrastructure improvement phasing plan as reasonably needed to meet the requirements of the project area shall be submitted to the City Engineer for review and approval and shall contain, as a minimum; (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and (4) construction cost estimates.
130. Future drainage system discharges shall comply with applicable local, state and federal pollutant discharge requirements.
131. Final inspection of the sewer and storm drain system shall be by televised inspection device as approved by the City Engineer at developer’s expense.
Roads
132. The project shall be subject to fair share traffic improvement impact fees for intersections as outlined in the traffic study.
7.1.b
Packet Pg. 111 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North 133. Subdivider shall dedicate and improve all existing bordering streets and roadways in accordance with the map to City standards and to the approval of the City Engineer. 134. All sight distances for all corners shall conform to the City’s sight distance requirements to the satisfaction of the City Engineer.
135. All public street improvements shall be as required in the Patterson City Code, and/or as outlined in the Tentative Map, or in any duly adopted sections of the General Plan, and shall be constructed as directed by the City Engineer. The location and design of all private streets and alleys shall be subject to the review and approval of the City Engineer. All street names are to be approved as specific by the City’s street naming policies. 136. That the minimum curb to curb distance shall be 36’ for any street cross section. 137. That driveway approaches and sidewalk interface shall meet ADA requirements, to the satisfaction of the City Engineer and Community Development Director. Driveway approaches to be per City Standard 3-S and driveway to be a minimum of 20’ in length from the back of sidewalk.
138. That Park Center Drive shall be constructed with a minimum of two lanes with full signalization at Park Center Drive and Sperry Avenue prior to occupancy of any unit west of the proposed Baldwin Ranch Parkway or prior to the occupancy of the 101st building permit east of the proposed Baldwin Ranch Parkway, whichever occurs first. 139. That Haggerty Drive shall be constructed with a minimum of two lanes with full signalization at Haggerty Drive and Sperry Avenue prior to occupancy of the 51st unit west of Baldwin Ranch Parkway.
140. That Baldwin Road, contiguous to the project shall be constructed with the continuation of the planter median, included on Baldwin Road north of the project area. 141. That cobra head style street lights shall be allowed along Sperry Avenue, Baldwin Road, Parck Center Drive, and Haggerty Drive. All other roads shall include decorative street lights, per City Standards.
142. All streets, alleys, sidewalks, curbs, and gutters adjacent to the subdivision shall be improved as necessary to provide safe vertical and horizontal transitions to connect improvements constructed within this subdivision to existing improvements, as directed by the City Engineer. Any street, alley, sidewalk, or curb damaged by the subdivider or its agents or employees shall be repaired, prior to final acceptance of tract improvements by the City Council or sooner at the discretion of the City Engineer.
7.1.b
Packet Pg. 112 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North 143. The developer shall install street frontage improvements per ordinance to the satisfaction of the Public Works Director and the City Engineer. These improvements may include, but are not limited necessarily to, grading, curb and gutter, sidewalk, paving, storm drain, sanitary sewer, and water facilities.
144. The stub ends of all streets planned for future continuation shall be temporarily protected with warning barricades, redwood headers or equivalent, and bars, as required by the City Engineer.
145. The subdivider shall furnish and install to the satisfaction of the Public Works Director, street name signs, traffic regulatory and warning signs, and any necessary street striping and markings as required by the City Engineer consistent with City Standards. The signs shall conform to the City’s requirements and shall be purchased by the subdivider. Striping and signing shall be paid for by the developer subject to review and approval of the City and made a part of the improvement plans.
146. The paving sections for the public and private streets shall be designed on the basis of an R Value Test, and Traffic Index to carry the anticipated traffic loads, but shall be no less than 3" of AC over 8" CL2/Base for local streets and 4" AC over 12" CL2/Base for collectors. This design shall be subject to the approval of the City Engineer.
Utilities
147. That the applicant shall provide the City with a phasing plan for the residential area of the project. Said phasing plan shall be approved by the Community Development Director and City Engineer. The City reserves the right to modify offsite improvement requirements, and the timing thereof may be finetuned and modified pursuant to the phasing plan. 148. All on-site utilities shall be underground. All existing overhead utilities adjacent to the property or within the property shall be placed underground by the applicable phase prior to issuance of building permits for that phase. All utility boxes including electrical, telephone, cable T.V., etc., shall be underground.
149. The developer shall obtain an encroachment permit from the Public Works Department for all work in the public right-of-way.
150. Street lights shall be provided and installed to the satisfaction of the City of Patterson Department of Public Works. The type, height, and design of street lights shall be subject to review and approval by the City and will direct lighting downward, shielding to the greatest extent practical, light exposure beyond that needed for proper intersection lighting. 151. The developer is to be responsible for all damage to existing and new telephone facilities caused by workers or subcontractors under the direction of the developer.
7.1.b
Packet Pg. 113 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North 152. All new telecommunications facilities shall be underground except where indicated by the telephone company upon engineering of the development.
153. The subdivider shall provide all necessary on-site easements for streets, sewers, water facilities, utilities, drainage facilities, and other facilities as required by the City, prior to or in conjunction with the final map. Said easements shall be subject to the review and approval of the City Engineer and the City Attorney.
154. All water, gas, sewer, underground electrical power, cable T.V., or telephone lines, or conduits, or underground drain lines shall be installed before any paving is placed. Utility stub connections to property boundaries of each lot may be omitted only with the express and written permission of the City Engineer.
155. The subdivider shall install adequately sized utility services and laterals, if appropriate, to each lot prior to final acceptance of tract improvements by phase. 156. Except as the utility companies may otherwise agree, the developer shall provide cable T.V., without charge, the reasonable opportunity to utilize and jointly occupy for the same purpose and trench provided by the developer to a utility for the purpose of connecting the utility to service the development.
7.1.b
Packet Pg. 114 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
Exhibit H
EIR Mitigation Measures
7.1.b
Packet Pg. 115 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North CB L. -J L C~3 CUD r mi ~7 C. i
I. Summary
Table S.l: Summary of Impacts and Mitigation
Topic Significance
Prior to
Mitigation
Impact(s) Mitigation Measure(s) Mitigation Significance after
Included in Mitigation
Project
Measures
A.1. Development of the business No mitigation necessary. park and residential uses ofthe West
Patterson projects may create
potential land use compatibility
conflicts with surrounding, ongoing
agricultural operations.
A.2. Development under the West
Patterson Business Park Master
Development Plan may create the
potential for conflict between the
proposed commercial and light
industrial uses ofthe Plan and future
adjacent residential uses across Baldwin Road.
A.3. Development of the business
park and residential uses ofthe West
Patterson projects may create
potential land use compatibility
conflicts with existing Patterson
Airport operations.
A.4. The expansion of the City's
wastewater treatment plant may
create potential land use
compatibility conflicts with existing
nearby rural residences.
Land Use Less than
Significant
Less than
Significant
Less than No mitigation necessary
Significant
Less than
Significant
Less than No mitigation necessary
Significant
Less than
Significant
Less than No mitigation necessary
Significant
Less than
Significant
Turnstone Consulting, T053 1.10
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 116 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Topic Mitigation Measure(s) Impaet(s) Significance
Prior to
Mitigation Significance
after
Included in Mitigation
Project
Measures
Mitigation
Agricultural
Resources
C.l. Implementation ofthe West Significant
Patterson projects would directly
result in the permanent loss ofprime
agricultural land.
C.l: Development agreements established
pursuant to the West Patterson projects shall
provide for the following prior to issuance of
any building permit: an applicant seeking a building permit shall supply documentation acceptable to the City or County that the
applicant has contributed to the California
Farmland Conservancy Fund for the purposes
of funding projects in Stanislaus County under
the California Farm Conservancy Program, to
encourage the preservation of prime farmland
in Stanislaus County. The amount of such
contribution shall reflect the value of an
agricultural conservation easement on
comparable prime agricultural land of
comparable size in the project vicinity as that
for which a permit is being sought. The per acre valuation of such easement shall be determined by both the Patterson and
Stanislaus County Planning Directors.
No mitigation necessary
Significant,
Unavoidable
C.2. Development ofthe business
park and residential uses ofthe West
Patterson projects may create
potential land use compatibility
conflicts, burdening surrounding
agricultural operations.
Less than
Significant
Less than
Significant
Turnstone Consulting, T053
For City ofPatterson
. 1.11 West Patterson Projects, Final EIR
Certified January 9, 2003
• - • i
7.1.b
Packet Pg. 117 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) CZD czz czz cz cza c=z -czz czz cuj a czn czj c
I. Summary
Significance
Prior to
Mitigation
Topic Impact(s) Mitigation Measure(s) Mitigation
Measures
Included in Mitigation
Project
Significance
after
C.3. Implementation of the West Significant
Patterson projects would contribute
to the cumulative loss of prime
agricultural land in the West
Patterson project vicinity.
D.l. Development ofthe West
Patterson Project area would result in
loss ofhabitat for, and potential take
of, San Joaquin kit foxes.
C.3: Same as Mitigation Measure C. 1 . Significant,
Unavoidable
Biological Significant D.l.a+b: Either purchase or dedication of a permanent easement, at a ratio of 2: 1 (two
acres replaced for each acre developed), of
land west of 1-5 in Stanislaus County, OR
payment of an in-lieu fee of $2000 per
developed acre to either the County, the Center
for Natural Lands Management, the California
Wildlife Foundation, or CDFG to establish a
free movement corridor in Western Stanislaus
County. Land selected shall be approved by
USFWS. Although kit foxes are not known to
currently occupy the project area, the following measures will be undertaken to minimize impacts: pre-construction surveys, and
employee education will be conducted. A 20-
mph speed limit will be imposed, off-road
traffic prohibited, and nighttime construction
shall be minimized. All excavated holes or
trenches, more than two feet deep, shall be
covered after each working day, or equipped
with escape ramps. All construction pipes
stored at the site overnight shall be inspected
for kit foxes. All food-related trash items shall
be removed at least once a week from
construction sites.
Less than
Significant Resources
Turnstone Consulting, T053 1.12
For City of Patterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 118 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation Measure(s) Significance
after
Mitigation
Measures
Included in Mitigation
Project
D.2. Development ofthe West
Patterson project area and
wastewater evaporation pond site(s)
would result in loss of foraging
habitat for Swainson's hawks.
Significant D.2: a) A qualified ornithologist shall conduct pre-construction surveys for Swainson's hawk
nests at appropriate times. If a nest site is
found, consultation with the CDFG shall be
required, b) For each acre ofSwainson's hawk
foraging habitat developed within five miles of an active nest tree, but greater than one mile from the nest tree, 0.75 acres of"Habitat
Management" land shall be provided. For
projects within one mile, the ratio is 1 : 1 . Land
selected for conservation shall be approved by
CDFG. Habitat Management lands shall be
protected either by placement of a permanent
conservation easement on agricultural lands or other suitable foraging habitat, or by payment of an in-lieu fee of$600 per developed acre, to
Less than
Significant
be held by an agency approved by CDFG for
the ultimate purpose ofpurchasing permanent
conservation easements over Swainson's Hawk
foraging habitat.
D.3. Development of the.West
Patterson project area and
wastewater evaporation pond site(s)
would result in loss ofhabitat for
burrowing owls and potentially could
result in take of individual burrowing
owls.
Significant D.3: Pre-construction surveys for burrowing owls shall be conducted by a qualified biologist
per CDFG guidelines, prior to any soil-altering
activity. Ifburrowing owls are found,
consultation with and authorization by CDFG
shall be required. Mitigation proposed for
Swainson's hawk, and/or kit foxes would
benefit burrowing owls, and more than
compensate for any potential impacts to owls.
Less than
Significant
Turnstone Consulting, T053
For City ofPatterson
1.13 West Patterson Projects, Final EIR
Certified January 9, 2003
EHmTD CiJL.-v- L CTI * U W... j
7.1.b
Packet Pg. 119 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) CU CZD 1 ZZ3 ~2 CJJS> < ' r
1....
I. Summary
Topic Significance
Prior to
Mitigation
Impact(s) Mitigation Measure(s) Mitigation
Measures
Included in Mitigation
Project
Included in Less than
Patterson Significant
Gardens
project
Significance
after
D.4. Excavation of Salado Creek on Significant
the Patterson Gardens site would
impact 0.36 acres of Jurisdictional
Waters.
D.4: The channel and banks ofSalado Creek
shall be restored and enhanced. The creek shall
be buffered on both sides. The creek shall be
buffered on both sides with an oak savannah
and other landscaping. The bottom and lower
banks shall be seeded and/or planted with wet
meadow species. Water in the channel during
construction shall be temporarily diverted
using a cofferdam, and shall be piped around
the work areas. Standard best management
practices shall be used during construction for
erosion and sedimentation control.
D.5: a) Iffeasible, demolition and construction
shall be scheduled to avoid the raptor nesting
season, from January to August, b) If not
feasible, pre-construction surveys for nesting
raptors shall be conducted by a qualified
ornithologist or biologist to ensure that no
raptor nests will be disturbed during project
implementation. With the approval of the
CDFG, trees containing known or potential
raptor nest sites may be removed to discourage
future nesting attempts on the condition that no
raptor pair is currently utilizing the site. If a nest is found close enough to a construction /demolition area to be disturbed, the
ornithologist, in consultation with CDFG, shall
determine the extent of a construction-free
buffer zone to be established around the nest.
D.5. Development ofthe West
Patterson project area would
potentially result in disturbance of
nesting raptors during construction.
Significant Less than
Significant
1.14 Turnstone Consulting, T053
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 120 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Impact(s) Mitigation Measure(s) Mitigation Significance after
Included in Mitigation
Project
Topic Significance
Prior to Measures
Mitigation
D.6. Certain construction activities
could potentially affect western pond
turtles.
Significant D.6: Prior to the start of any construction I activities within a percolation pond, the pond
I shall be drained. A qualified biologist shall be
present to survey for western pond turtles
during the pond draining. Ifany turtles are
found, they shall be captured and moved to
suitable habitat outside ofthe construction
area.
D.7: The biological mitigation site at the north
edge ofthe existing wastewater treatment plant
shall be avoided during construction so that its
function as a mitigation site is not adversely
affected.
Less than
Significant
D.7. Construction of an additional
wastewater pond and expansion of
the wastewater treatment plant could
result in temporary disturbance,
direct, or indirect impacts to the
biological mitigation site located
immediately north ofthe existing
wastewater treatment plant.
D.8. Construction activities could
inadvertently impact riparian
woodland located adjacent to the
northeastern-most percolation pond
Significant Less than
Significant
Significant D.8: No construction activities may occur within a 100-foot setback from the riparian woodland adjacent to the northeastern-most
percolation pond site. The setback area shall
be fenced with high Visibility fencing to
prevent access. All grading plans shall include
appropriate control measure to minimize runoff
into riparian woodland.
No mitigation necessary
Less than
Significant
site.
D.9. Development in the West
Patterson project area would cause
loss ofagricultural and ruderal
habitats.
Less than
Significant
Less than
Significant
Turnstone Consulting, T053
For City of Patterson
1.15 West Patterson Projects, Final EIR
Certified January 9, 2003
r»-' f* ¦< t" "s
¦W 1 1 HI* Lw.ll III .M» W-f. • ? f * — J
7.1.b
Packet Pg. 121 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) CD C=2 D ccj a CH3 C3 I t J L 1 ("1 -J
I. Summary
Topic Significance
Prior to
Mitigation
Impact(s) Mitigation Measure(s) Mitigation Significance after
Mitigation
Measures
Included in
Project
D.10. Development of the West
Patterson project area would cause
loss of seasonal aquatic habitat
associated with man-made ponds.
D.ll. Development of the West
Patterson project area would result in
impacts to aquatic habitat in linear
drainage features.
D.12. Development of the West
Patterson project area would result in
impacts to habitat for certain specialstatus animal species.
D.13. Development of the West
Patterson project area would result in
impacts to nesting habitat for the
White-tailed Kite.
Less than
Significant
No mitigation necessary Less than
Significant
Less than
Significant
No mitigation necessary Less than
Significant
Less than
Significant
No mitigation necessary Less than
Significant
Less than
Significant
No mitigation necessary other than measures D.5.a and D.5.b as identified in Section III.D, Biological Resources, under "Impact D.5,"
pp. III.D.53 to III.D.54 for nesting raptors.
Less than
Significant
E.I. Traffic generated by full buildout
ofthe proposed project would affect
traffic levels of service at local
intersections in the project vicinity in
the near-term Existing-plus-Project
scenario.
Transportation Significant E.l: The City and County shall construct improvements at 12 intersections, including
signalization and additional turn lanes, as new
buildings are constructed and occupied in the
West Patterson project area with sufficient
employment to cause LOS to deteriorate below
City standards. The City and/or County shall
establish a community facilities funding district or other financing mechanism, and developers shall contribute a fair share ofthe costs oftraffic
mitigation (see pp. III.E.21-22 for intersections.)
Included in
project
Less than
Significant
and
Circulation
Turnstone Consulting, T053 1.16
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 122 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Mitigation Measure(s) Significance
after
Mitigation
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation
Measures
Included in
Project
Less than
Significant
E.2. Traffic generated by buildout of Less than
the proposed West Patterson projects Significant
would affect levels of service on
freeway and roadway segments in
the project vicinity.
E.3. The West Patterson projects
would contribute to the demand for
bicycle and pedestrian facilities in
the area.
No mitigation necessary
Less than
Significant
Less than
Significant
No mitigation necessary
Less than
Significant
E.4. Construction and occupation of Significant
the Keystone Pacific Business Park
would affect traffic service levels at
local intersections in the project
study area when added to existing
traffic volumes.
E.4: The City ofPatterson and Stanislaus
County shall construct improvements at 7
intersections, along Sperry Ave and at other
locations, including new traffic signals and
additional left, through and right turn lanes as new buildings are constructed and occupied in the Keystone Pacific Business Park with . sufficient employment to cause LOS to deteriorate below City and County standards.
The project sponsors shall participate in a
community facilities funding district or other
funding mechanism. (See pp. III.E.27-28.)
Turnstone Consulting, T053 1.17
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
—1
' - ...~J
7.1.b
Packet Pg. 123 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) L i L J > -
; i 1 ' '
I. Summary
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation Measure(s) Significance
after
Included in Mitigation
Project
Mitigation
Measures
E.5. Construction and occupation of Significant
Patterson Gardens would affect
traffic service levels at local
intersections in the project study area
when added to existing traffic
volumes.
E.5: The City and County shall construct
improvements at 3 intersections, including new
traffic signals and left turn lanes, as phases are occupied in Patterson Gardens with sufficient population to cause LOS to deteriorate below
standards. The Keystone Corporation shall
participate in the existing community facilities
funding district to fund these improvements
Less than
Significant
(see p. III.E.30).
E.6. The West Patterson Projects
would contribute considerably to
future cumulative significant traffic
impacts at local intersections.
E.6: The City and County shall construct the
identified improvements at 19 intersections,
including new traffic signals, road widening,
and creation of left, through, and right turn
lanes. A funding mechanism shall be
established requiring developers to contribute a
"fair share" of the cost of these improvements
Significant Less than
Significant
(see pp. III.E.36-39).
E.7. Cumulative traffic, including Significant
traffic generated by the West
Patterson projects, would contribute
to unacceptable levels of service on
Interstate-5 in the vicinity ofthe
Sperry Avenue interchange.
Although widening the freeway would reduce
this impact, only Caltrans has the jurisdiction
to implement such a measure.
Significant,
Unavoidable
Turnstone Consulting, T053
For City ofPatterson
1.18 West Patterson Projects, Final EIR
Certified Januaiy 9, 2003
7.1.b
Packet Pg. 124 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Significance
Prior to
Mitigation
Topic Impact(s) Mitigation Measure(s) Mitigation
Measures
Significance
after
Included in Mitigation
Project
E.8. The Keystone Pacific Business Significant
Park would contribute considerably
to future cumulative significant
traffic impacts at local intersections.
E.8: The City and County shall construct
improvements at 10 intersections, including
new traffic signals, and left, through and right
turn lanes. A community facilities funding
district, or other funding mechanism shall be
established requiring the Keystone Pacific
Business Park developer (or developers) to
contribute to the cost of these improvements
Less than
Significant
(see pp. III.E.42-43).
Less than
Significant
E.9. The Patterson Gardens project Significant
would contribute considerably to
future cumulative significant traffic
impacts at local intersections.
E.9: The City and County shall construct
improvements at 6 intersections, including new
traffic signals, and new turn lanes. A
community facilities district shall be
established requiring the Patterson Gardens
developer to contribute to the cost ofthese
improvements (see p. III.E.45).
Turnstone Consulting, T053 1.19
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
¦"[» n i
i » mm
7.1.b
Packet Pg. 125 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) < / v : i—J
I. Summary
Significance
Prior to
Mitigation
Topic Impact(s) Mitigation Measure(s) Mitigation
Measures
Included in
Project
Significance
after
Mitigation
Air Quality F.l. Construction activities would Significant generate emissions ofPM,0 and
ozone precursors that could cause or contribute to violations of the air quality standards,
F.l: a) Fugitive dust from all disturbed areas and
on-site unpaved roads shall be stabilized using
vegetative ground cover, or water or chemical
stabilizer; from clearing, grubbing, scraping,
excavation land leveling, grading cut and fill, and
demolition shall be controlled using water or presoaking. Materials transported off-site shall be covered, wetted, or 6 inches of freeboard
provided to limit visible dust emissions. All
operations shall limit or remove the accumulation
ofmud or dirt from adjacent public streets at the
end ofthe day. All storage piles shall be
stabilized with water or chemicals. Any site with
1 50 or more vehicle trips per day shall prevent
carryout and track out. Speeds on unpaved roads
shall be 15 mph. Control measures shall be
installed to prevent silt runoff to public roadways.
When construction covers a site that is large in
area, or located near sensitive receptors, use the
following procedures: install wheel washers for
exiting trucks, install windbreaks at windward
sides of construction areas, and suspend
excavation and grading in winds of over 20 mph.
b) Ozone precursors shall be limited, where
possible, by; use of alternative fueled or catalyst
Fugitive dust
emissions
less than
significant.
Ozone
precursor emissions
significant,
unavoidable
I equipped diesel construction equipment; NO? or I PM,0 controlled equipment; minimal idling time for all equipment; electrically driven equipment;
and curtailed construction activities during
periods ofhigh pollutant concentrations.
Turnstone Consulting, T053 1.20
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 126 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Mitigation Significance
after
Included in Mitigation
Project
Significance Mitigation Measure(s)
Prior to
. Topic Impact(s)
Measures
Mitigation
Less than
Significant
Significant F.2: Implement Mitigation Measures
associated with Transportation and Circulation.
F.2. Emissions from motor vehicles
due to heavy project traffic could
cause localized violations of carbon
monoxide standards
Included in Less than
Keystone Significant
Pacific
Business
F.3: The Business Park Plan shall include
adequate buffer zones for TACs and odors by
prohibiting centers of intense diesei vehicle
activity, or odor sources from locating near existing or planned residences, schools, or other sensitive uses.
F.3. The new uses allowed under the Significant
West Patterson Business Park Master
Development Plan could cause
emissions of toxic air contaminants
(TACs) or odors.' Park
Less than
Significant
F.4. Construction and routine No mitigation necessary
operation ofthe City's wastewater
treatment plant expansion could
cause increased emissions.
F.5. The expanded wastewater
treatment plant and new percolation
ponds would result in increased odor
generating potential that could affect
nearby residents.
Less than
Significant
F.5: The City shall ensure that appropriate
engineering controls have been incorporated
into the design and construction ofthe
proposed wastewater treatment and
conveyance facilities to minimize production
ofobjectionable odors. During operation of
the expanded facilities the City shall ensure
that engineering controls designed to suppress
odors are functioning properly by periodically
evaluating odor levels adjacent to the facilities.
Should objectionable odors be present, the
City shall take appropriate action to correct
them.
Significant,
Unavoidable
Significant,
Unavoidable
Turnstone Consulting, T053
For City ofPatterson
1.21 West Patterson Projects, Final EIR
Certified Januaiy 9, 2003
cm: cr: cr: cr? c~d — j
^
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Packet Pg. 127 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) CCD CCD CCD CZj CZ3 CCD CH3 C3 CI ? czj cd ¦: cj czzd cm cm cm cm I. Summary
Impact(s) Significance
Prior to
Mitigation
Topic Mitigation Measure(s) Mitigation
Measures
Significance
after
Included in Mitigation
Project
F.6. Emissions from increased motor Significant,
vehicle activity and new area sources Unavoidable
associated with the project could
cause or contribute to ongoing
violations of the ozone and PMl0
standards.
F.6: a) The Business Park Plan shall
incorporate park-and-ride lots, require new
' uses/occupants employing 100 or more full
time-equivalent employees to submit to the
reviewing authority an employee trip reduction
plan, permit additional parking exclusively for
alternative fuel vehicles, and permit clean-fuel
fueling stations as an allowable use in the
Business Park, b) The Patterson Gardens
proposal shall incorporate pedestrian paths and
bicycle features designed to improve access to
alternative transportation modes, c) The West
Patterson projects shall require commercial and
light industrial development projects to
incorporate measures such as pedestrian
amenities and bicycle parking to reduce vehicle
trips and on-site parking demand, d) The West
Patterson projects shall use energy-efficient
cooling and lighting throughout the project,
and design all new and substantially remodeled
structures to be energy efficient. Wood
burning fireplaces shall be prohibited. Natural
gas lines or electrical outlets shall be installed
in patio areas when feasible to discourage use
of charcoal or wood barbeques.
Significant,
Unavoidable
-Included,
Patterson
Gardens
-Included,
Keystone
Business
Park and
Patterson
Gardens
Turnstone Consulting, T053 1.22
For City of Patterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 128 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Topic Impact(s) Significance Mitigation Measure(s)
Prior to
Mitigation
Mitigation Significance
after
Included Mitigation
in Project
F.6.c
included
Measures
F.7. Emissions from increased motor Significant, F.7: Implement Mitigation Measures F.6(a), vehicle activity and new area sources Unavoidable F.6(c), and F.6(d) associated with the Keystone Pacific
Business Park could cause or contribute to ongoing violations of the ozone and PM,0 standards.
Significant,
Unavoidable
Turnstone Consulting, T053 I.22a
For City ofPatterson
West Patterson Projects, Final E1R
Certified January 9, 2003
f 1 1 ¦¦¦} f* 1 ~- U» I J Viimi i ¦ I * » *««««! ' —
7.1.b
Packet Pg. 129 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) CUD CZ2 CZ3 CH2 CHS cm cm DCC; •- ~ : cm —d cm
I. Summary
Significance
Prior to
Mitigation
Topic Impact(s) Mitigation Measure(s) Mitigation Significance after
Mitigation
Measures
Included in
Project
F.8. Emissions from increased motor Significant, F.8: Implement Mitigation Measures F.6(b), vehicle activity and new area sources Unavoidable F.6(c), and F.6(d) associated with the Patterson
Gardens proposal could cause or contribute to ongoing violations of the ozone and PMI0 standards.
F.9. The cumulative air quality
effects of the development ofthe
West Patterson projects could delay
the region's progress in attaining the
air quality standards.
F.10. The cumulative air quality
effects ofdevelopment of the
Keystone Pacific Business Park
could delay the region's progress in
attaining the air quality standards.
F.ll. The cumulative air quality
effects ofdevelopment ofthe
Patterson Gardens project could
delay the region's progress in
attaining the air quality standards.
F.6.b and Significant,
F.6.c Unavoidable
included
Significant, F.9: Implement Mitigation Measures
Unavoidable associated with Impact F.6.
Significant,
Unavoidable
Significant,
Unavoidable F.6(c), and F.6(d).
F.10: Implement Mitigation Measures F.6(a), F.6.c
included
Significant,
Unavoidable
Significant, F.ll: Implement Mitigation Measures F.6(b), F.6.b and Unavoidable F.6(c), and F.6(d).
Significant,
F.6.c Unavoidable
included
Turnstone Consulting, T053 1.23
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 130 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Mitigation Significance
after
Included in Mitigation
Project
Topic Impact(s) Significance Mitigation Measure(s)
Prior to
Mitigation
Measures
G.l: Construction activities shall be restricted
to the hours between 7:00 a.m. and 7:00 p.m.,
Monday through Saturday, except holidays.
Mufflers shall be provided for all heavy
construction equipment and all stationaiy noise
sources. Stationary noise sources shall not be
located near occupied dwelling units. Staging areas shall be placed as far from existing residences as possible.
Less than
Significant
G.l. Project-related construction Significant
could cause a substantial, though
intermittent and short-term, increase
in noise levels.
Noise
Less than
Significant
G.2. Increased traffic, including
truck traffic, could cause substantial
noise increases for existing sensitive
receptors in the project vicinity.
Significant G.2: Improvements to Ward Avenue shall
provide acceptable future noise levels for
existing residences by locating the centerline of
the road at least 110 feet from the outdoor
activity areas of existing residences.
Improvements to Baldwin Road shall provide
acceptable future noise levels either by locating
the centerline ofthe road at least 210 feet from
existing and proposed residential outdoor
activity areas, or by improving the residential
properties to satisfy the goals of City of
Patterson Noise Element policy VII.E.6. The r
circulation system for the West Patterson
Business Park Master Development Plan shall
include alternate truck access routes from
Sperry Avenue and/or Rogers Road for
businesses that face Baldwin Road to reduce
traffic noise impacts to residences on Baldwin
Road.
Turnstone Consulting, T053 1.24
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
cas cr: cr r*—) p—)
w ¦
7.1.b
Packet Pg. 131 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) C-3 C~i LZJ CZZ) L )
r L—2j C_Z] ~i ZZD
I. Summary
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation Measure(s) Mitigation
Measures
Included in
Project
Significance
after
Mitigation
G.3. Light industrial activities and
truck loading operations under the
Business Park Plan could generate
noise levels inconsistent with the
City's or the County's noise
compatibility goals.
Significant G.3 a+b: Light industrial tenants shall be
required to provide an acoustical analysis
demonstrating that adequate setbacks or other
noise mitigation features are incorporated for uses that would not be conducted entirely within enclosed buildings or would involve
intensive industrial operations not concentrated
in the interior of the Business Park site. Light
industrial uses adjacent to Baldwin Road shall
be designed so that truck-loading operations
and delivery areas are shielded from residences on Baldwin Road.
No mitigation necessary
Included in Less than
Keystone Significant
Pacific
Business
Park
G.4. Routine operation ofthe City's
wastewater treatment plant
expansion could cause operation of
noise sources exceeding the City's or County's noise exposure goals for existing residences near the plant.
G.S. Noise from ongoing agricultural Less than
operations and aircraft overflights Significant
could periodically exceed the City's
noise exposure goals for Patterson
Gardens residences.
Less than
Significant
Less than
Significant
No mitigation necessary Less than
Significant
1.25 Turnstone Consulting, T053
For City of Patterson West Patterson Projects, Final EIR Certified January 9, 2003
7.1.b
Packet Pg. 132 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation Measure(s) Significance
after
Mitigation
Measures
Included in Mitigation
Project
G.6. Increased traffic, including
truck traffic, from the Keystone
Pacific Business Park could cause
substantial noise increases for
existing sensitive receptors along
Baldwin Road.
Significant G.6: Improvements to Baldwin Road shall
provide acceptable future noise levels for
residences on Baldwin Road between Speriy
Avenue and the Keystone Pacific site, either by
locating the centerline ofthe road at least 140
feet from the homes' outdoor activity areas or by improving the residential properties to satisfy the goals of City ofPatterson Noise
Element policy VII.E.6.
G.7: Implement Mitigation Measures G.3.a
and G.3.b ifthe Keystone Pacific Business
Park site plan and building designs change
from those described in Chapter II, Project
Description.
Less than
Significant
G.7. Light industrial activities and Significant
truck loading operations with the
Keystone Pacific Business Park
proposal could generate noise levels
inconsistent with the City's or the
County's noise compatibility goals.
G.8. Increased traffic from the
Patterson Gardens proposal could
cause noise increases for existing
sensitive receptors in the project
vicinity.
Included in Less than
Keystone Significant
Pacific
Business
Park
Less than No mitigation necessary
Significant
Less than
Significant
Turnstone Consulting, T053
For City ofPatterson
1.26 West Patterson Projects, Final EIR
Certified January 9, 2003
rrn r~:
0" 1 ¦ 1 ' V 1 " U J U iii|i ii i i mwJ
7.1.b
Packet Pg. 133 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) ct ra a c= czu o cud 1 » : cu cn
I. Summary
Topic Significance
Prior to
Impact(s) Mitigation Measure(s) Mitigation
Measures
Significance
after
Mitigation Included in Mitigation
Project
G.9: a) Noise levels in residential outdoor
areas along Sperry Avenue shall be reduced
from 65 to 60 dBA Ldn by improving noise
insulation performance of the proposed 6-foothigh wall by increasing its height and mass, and by configuring the outdoor activity areas of
the first row ofresidences to be approximately
160 feet from the centerline of Sperry Avenue,
b) Noise levels in indoor spaces of the first row
ofresidences shall be reduced by providing
some or all ofthe following measures: air
handling systems that enable windows facing
traffic to be permanently closed; energyefficient windows; solid core exterior doors with perimeter weather stripping; constructing
exterior walls with a '/2-inch minimum
thickness fiberboard underlayer; installing roof or attic vents facing traffic that are baffled; creating floor plans oriented along roadways
with bedrooms and living rooms feeing
towards the interior side ofthe home.
G.9. Cumulative development, Significant
including the West Patterson projects
could lead to noise conflicts between
incompatible land uses.
Less than
Significant
Turnstone Consulting, T053 1.27
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 134 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Topic Impact(s) Significance
Prior to
Mitigation Measure(s) Mitigation Significance
after
Mitigation
Measures
Mitigation Included in
Project
Hydrology
- and Water
Quality
H.l. Placement of housing in areas Significant
subject to flooding could result in
severe hardship and property damage
for project occupants.
H.1: New construction and substantial
improvement of any structure in Zone B shall
have the lowest floor elevation, including
basement, elevated above the highest adjacent
grade at least two feet. Upon completion of
the structure, the elevation of the lowest floor,
including basement, shall be certified by a
registered professional engineer or surveyor, or
verified by a community building inspector to
be properly elevated. Certifications shall be
provided to the floodplain administrator
H.2: Each phase ofdevelopment must design
and install drainage systems in compliance
with the intent of the recommended drainage
plan detailed in the 2001 Master Storm
Drainage Plan, City ofPatterson, Western
Expansion Area. The detention basins shall be
designed so that flow to the creek could be
interrupted when insufficient capacity was available in the creek for conveyance of the flows. Design-level drainage plans for each
phase ofthe development ofthe West Patterson
projects shall be submitted to the City of
Patterson for review.
No mitigation necessary
Included in
Patterson
Gardens
Less than
Significant
H.2. Impervious surfaces and
placement of structures in a
floodplain would increase the
amount ofrunoff, potentially
exacerbating existing local flooding
problems.
Significant Included in
Keystone
Pacific
Business
Park and
Patterson
Gardens
Less than
Significant
H.3. The increase in impervious
surfaces could adversely affect
groundwater recharge.
Less than
Significant
Less than
Significant
Turnstone Consulting, T053
For City ofPatterson
1.28 West Patterson Projects, Final EIR
Certified Januaiy 9, 2003
ftm fl ¦/»» i"1' ¦ *m
"Mlix Wi>ui»ii» UwmwiiaiW 1 n i ,w Wa'wifcw—^ •,+. . .
7.1.b
Packet Pg. 135 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) !
* -II ' "
I JJ
I. Summary
Significance
Prior to
Topic Impact(s) Mitigation Measure(s) Mitigation
Measures
Included in Mitigation
Project
Significance
after
Mitigation
H.4. Construction activities and post- Significant
construction land uses could result in
degradation of water quality in
nearby surface water bodies by
reducing the quality of storm water
runoff.
H.4: Each developer who proposes to construct a project within the project area, shall prepare a SWPPP designed to reduce potential impacts to surface water quality through the construction
and life ofthe project whether or not the
development site is over five acres. The City
shall also prepare a SWPPP for its wastewater
facility expansion project. The SWPPP would
act as the overall document designed to provide measures to mitigate water quality impacts. At a minimum, BMPs shall include practices to minimize the contact of construction materials,
equipment, and maintenance supplies with
storm water. Regular tailgate meetings shall be
held to educate personnel on pollution
prevention. An independent monitoring
program shall be implemented to prevent
pollution from construction runoff. BMPs to
reduce erosion of exposed soils shall be
implemented. The SWPPP shall include measures designed to mitigate potential water quality degradation ofrunoff from all portions
ofthe completed development. The final
design team for each development shall review
and incorporate the concepts included in the
Start at the Source, Design Guidance Manual
for Stormwater Quality Protection.
Less than
Significant
Turnstone Consulting, T053 1.29
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 136 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Topic Impact(s) Significance
Prior to
Mitigation Measure(s) Mitigation Significance
after
Included in Mitigation
Project
Measures
Mitigation
H.5. Existing water supply wells in Significant
the project area, if not properly
managed or decommissioned, could
be damaged during construction,
potentially allowing impacts to
groundwater quality.
H.5: Prior to approval of a grading plan for
development of a particular parcel or subarea
ofthe project area, a well survey shall be
conducted to determine the location and
characteristics of each well. The water supply
wells shall either be properly abandoned in
compliance with the California Department of
Water Resources, California Wells Standards,
and Stanislaus County Code, or inspected by a qualified professional to determine whether each well is properly sealed to prevent
infiltration ofwater-borne contaminants into
the well casing or surrounding gravel pack. If
any of the wells are found not to: comply with
this requirement, the applicant shall retain a qualified well driller to install the required seal.
No mitigation necessary
Less than
Significant
H.6. The City's proposed wastewater Less than
treatment plant expansion could Significant
impair groundwater beneficial uses or quality.
H.7, The proposed change in land Less than
use at the project area could affect Significant
regional groundwater quality.
Less than
Significant
No mitigation necessary Less than
Significant
Turnstone Consulting, T053
For City ofPatterson
1.30 West Patterson Projects, Final EIR
Certified January 9, 2003
err- c
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7.1.b
Packet Pg. 137 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) .
j ; i i J ;j. j •—n
I. Summary
Significance
Prior to
Topic Impact(s) Mitigation Measure(s) Mitigation Significance after
Mitigation
Measures
Mitigation , Included
in Project
Ifthe City elects to use evaporation and disposal
of solid salts as a method of brine disposal, the
City shall require new development to pay its
pro-rata share of the cost of an agricultural
conservation easement, in the manner discussed
in Mitigation Measure C. 1 , for the acreage
converted for use as evaporation ponds.
1.1. Treatment of groundwater would Significant,
require the disposal of large quantities Unavoidable
of concentrated brine created as a
byproduct ofgroundwater treatment.
Water Significant,
Unavoidable Supply
Turnstone Consulting, T053 1. 30a
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 138 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation Measure(s) Mitigation Significance
after
Included in Mitigation
Project
Measures
1.2. Groundwater treatment would
consume substantial energy.
Less than
Significant
No mitigation necessaiy Less than
Significant
1.3. Pumping groundwater to serve
the West Patterson p7rojects and
other existing and planned demand
could create a severe "cone of
depression" beneath the City's well
Significant,
Unavoidable
1.3: a) The City shall sample groundwater
semiannually to assess water quality, and shall
conduct additional studies to better understand
direction and rate of groundwater flow in the
confined aquifer. This will allow the City to
optimize the arrangement of new wells to
maximize water quality, and minimize the
severity ofthe resulting cone of depression.
b) If, in the unlikely event that an existing user ofthe confined aquifer finds its well affected by the City's pumping, the City shall
compensate the user for the cost of deepening
the pump setting and the increased cost of
operating the well to draw water from greater
depths and shall be reimbursed by developers.
c) Subsidence shall be monitored annually at
each well and new wells shall be designed to
prevent damage to the wells from subsidence
as described in the groundwater study.
No mitigation necessary
Significant,
Unavoidable
field.
1.4. Supplying water to the West
Patterson projects would require
extension ofwater supply
conveyance infrastructure into
previously unserved areas.
Less than
Significant
Less than
Significant
Turnstone Consulting, T053
For City of Patterson
1.31 West Patterson Projects, Final EIR
Certified January 9, 2003
dZQ Li.....' i—— .—j
7.1.b
Packet Pg. 139 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) L. .*.12 Cm-nD Ciii. 3 C_J C7TT3 r~] az3 r CZD CZD •
»*¦ ^ <- ¦ CZ3 L i }
I. Summary
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation Measure(s) Mitigation
Measures
Included in
Project
Significance
after
Mitigation
1.5. Operation of existing wells and
construction ofnew wells could lead
to the introduction of new
contaminants into the aquifer.
Variant I.l.Implementation of the
surface water variant could interfere
with the operation of SWP or CVP
facilities, primarily in the Delta, or adversely affect water quality in the Delta.
Potentially
Significant
1.5: To avoid contaminating the aquifer, the
City shall comply with all aspects ofthe
County's water well ordinance.
Included Less than
Significant
Less than No mitigation necessary
Significant
Less than
Significant
Variant 1.2. Implementation ofthe
surface water variant could cause
existing users of a supply obtained
by the City to switch to other water
sources, with attendant effects on
those users.
Significant,
unavoidable
Variant 1.2: Impacts on groundwater supplies
could be mitigated ifexisting users were to
obtain replacement surface-water supplies.
Such alternative supplies are potentially
available from a number of sources. The City
shall provide information about alternative
surface-water supplies at its disposal to current users ofthe supply purchased by the City to assist them in securing such supplies.
No mitigation necessary
Significant,
Unavoidable
Variant 1.3. Pumping groundwater
prior to switching to a surface-water source would cause a cone of depression.
Less than
Significant
Less than
Significant
1.32 Turnstone Consulting, T053
For City ofPatterson West Patterson Projects, Final EIR Certified January 9, 2003
7.1.b
Packet Pg. 140 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Topic Impact(s) Significance
Prior to
Mitigation Measure(s) Significance
after
Mitigation
Mitigation
Measures
Mitigation Included in
Project
Variant 1.4. Supplying water to the Less than
West Patterson projects would Significant
require extension ofwater supply
conveyance infrastructure into
previously unserved areas.
Variant 1.5. Supplying water to the Significant,
West Patterson projects with surface Unavoidable
water would require construction of a water treatment plant.
Variant 1.6. Installing new wells, Potentially
pumping groundwater, or injecting Significant
treated surface water through the
ASR system would introduce new
contaminants into the aquifer.
J.l. The City's wastewater collection Significant
systems would not have adequate
capacity to sierve the West Patterson
projects and adjacent approved
residential development.
No mitigation necessary Less than
Significant
None determined to be available until a
treatment plant is designed and its location
ascertained.
Significant,
Unavoidable
Variant 1.6: The City shall comply with the
County's water well ordinance.
Included Less than
Significant
Wastewater J.l: The project sponsors for Patterson
Gardens and the Keystone Pacific Business
Park, and project applicants for future
development in the Business Park Plan area
shall construct all necessary wastewater system
improvements on their property, or contribute
to a new community facilities district to
construct these improvements. The City shall,
through a combination of sewer development
fees and other funding mechanisms, ensure that new development pays its share of the costs of sewer system improvements.
Included in
Keystone
Pacific
Business
Park and
Patterson
Gardens
Less than
Significant
Turnstone Consulting, T053
For City ofPatterson
1.33 West Patterson Projects, Final EIR
Certified January 9, 2003
• •*
7.1.b
Packet Pg. 141 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) erz: c
^ ; 1 f \ 1 r i ?1 L—? (U t—J C-L3 CZ3 rT"^ •o^ 1 1' viiii wf <¦•¦¦¦¦ "<"W W^nnni>m# /¦*—
w,
I. Summary
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation Measure(s) Mitigation
Measures
Significance
after
Included in Mitigation
Project
J.2. The West Patterson projects
would generate wastewater in excess ofthe existing capacity of the City's wastewater treatment facility.
Significant J.2: Project applicants for future development in the Business Park Plan area shall participate
in a new CFD or similar financing district
established to finance the necessary second
wastewater treatment plan expansion of 0.5
mgd.
No mitigation necessary
Less than
Significant
J.3. The City's proposed wastewater
treatment plant expansion project
could exceed the wastewater
treatment requirements ofthe
Regional Water Quality Control
Board.
Less than
Significant
Less than
Significant
J.4. Wastewater generated by past,
present, and future cumulative
projects would exceed the capacity
ofthe City's wastewater treatment
facilities.
Less than No mitigation necessary
Significant
Less than
Significant
J.5. Wastewater treatment facilities
expansion would result in excess capacity of about 0.3 million gallons per day.
Less than No mitigation necessary
Significant
Less than
Significant
Turnstone Consulting, T053 1.34
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 142 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation Measure(s) Mitigation
Measures
Included in
Project
Significance
after
Mitigation
Geology and K.l. Development ofthe West
Seismicity Patterson projects could expose new
residents and employees to geologic
hazards and seismic risks.
Hazards L.l. New residents in Patterson
Gardens and students at the school
site in the Patterson Gardens site
could be exposed to hazardous levels
of chemicals in the soil.
Less than
Significant
No mitigation necessary Less than
Significant
Less than
Significant
No mitigation necessary Less than
Significant
L.2. Demolition ofexisting
structures in the West Patterson
project area or on the wastewater
percolation pond sites could release
hazardous chemicals such as asbestos or lead.
Potentially L.2: An investigation shall be made of each Significant structure scheduled for demolition, focusing on asbestos and lead-based paint. Removal must
be conducted according to OSHA and other
regulations.
Less than
Significant
L.3. Agricultural spraying operations
in the West Patterson project area,
and storage of chemicals at the
Patterson Airport could expose
residents and businesses to
hazardous materials.
Less than
Significant
No mitigation necessary Less than
Significant
Community
Services
M.l. The project would generate
about 800 additional school-aged
children which would increase the
demand for school facilities.
Less than No mitigation necessaiy
Significant
Less than
Significant
Turnstone Consulting, T053
For City ofPatterson
1.35 West Patterson Projects, Final EIR
Certified January 9, 2003
ce c c: c c o :—j m;
|WI111 ^ p I l |M ^
7.1.b
Packet Pg. 143 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) ; : U ; - ; I
I. Summary
Topic Impact(s) Significance
Prior to
Mitigation Measure(s) Mitigation Significance
after
Included in Mitigation
Project
Measures
Mitigation
M.2. The expansion of employment Less than
opportunities in Patterson may attract Significant
households with school-aged
children resulting in a secondary
impact on area schools.
M.3. Development of the proposed
West Patterson projects would
increase the demand for construction
ofadditional fire protection facilities.
M.4. Development of the proposed
West Patterson projects would
increase the demand for police
facilities.
No mitigation necessary Less than
Significant
Less than
Significant
No mitigation necessary Less than
Significant
Less than
Significant
No mitigation necessary Less than
Significant
M.5. Development of the proposed Less than
West Patterson projects would Significant
generate additional solid waste in the
City ofPatterson.
M.6. Development of the Patterson Less than
Gardens proposal would generate the Significant
need for additional parkland and
recreational facilities to serve new
residents.
No mitigation necessary Less than
Significant
No mitigation necessary Less than
Significant
Population, N.L Development of the West
Housing and Patterson projects would cause the
Employment City to exceed regional population
projections.
Less than No mitigation necessary
Significant
Less than
Significant -
Turnstone Consulting, T053 1.36
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 144 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) I. Summary
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation Measure(s) Mitigation
Measures
Included in Mitigation
Project
Significance
after
N.2. Development ofthe proposed
West Patterson projects would
induce substantial growth in
undeveloped areas and require
extension of major infrastructure.
N.2: The City shall, through a combination of
development fees, a community facilities
financing district, or other funding
mechanisms, ensure that new development
pays its share of infrastructure and service
costs.
No mitigation necessary
Significant Less than * Significant .
N.3. Development ofthe proposed
West Patterson projects would
displace existing housing and
existing jobs.
O.l. Development ofthe project area would change views for motorists on Interstate 5.
0.2. Development ofPatterson
Gardens and the Business Park Plan
area would alter views ofthe Diablo
Range for pedestrians and motorists on Sperry Avenue.
0.3. Development ofthe Patterson
Gardens site would change the
• existing expansive agricultural visual
character ofthe project vicinity.
O.4. Development under the West
Patterson Business Park Master
Development Plan / Keystone Pacific
Business Park Proposal would
change the existing expansive
agricultural visual character of the
project vicinity.
Less than
Significant
Less than
Significant
Visual Less than
Significant
No mitigation necessary Less than
Significant Resources
Less than
Significant
No mitigation necessary Less than
Significant
Less than
Significant
No mitigation necessary Less than
Significant
Less than
Significant
No mitigation necessary Less than
Significant
Turnstone Consulting, T053
For City ofPatterson
1.37 West Patterson Projects, Final EIR
Certified January 9, 2003
f—rj*4«4 : n— r~~] u...
7.1.b
Packet Pg. 145 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) DC CD CDj cd cud r- CD CDD3 (CD CCD CDD CDC CDC — D D •DC C . i I. Summary
Topic Impact(s) Significance
Prior to
Mitigation
Mitigation Measure(s) Mitigation
Measures
Significance
after
Included in Mitigation
Prdject
Cultural
Resources
P.l. Development of the West
Patterson project area would remove buildings identified as having potential historic interest.
P.2. Development of the West
Patterson projects may disturb or eliminate archeological resources from the prehistoric and historic eras.
Less than No mitigation necessary
Significant
Less than
Significant
Less than
Significant
No mitigation necessary Less than
Significant
Turnstone Consulting, T053 1.38
For City ofPatterson
West Patterson Projects, Final EIR
Certified January 9, 2003
7.1.b
Packet Pg. 146 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) {CW097854.18}
EXHIBIT I
Financeable CFD Improvements
7.1.b
Packet Pg. 147 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North ([KLELW* Exhibit G
WEST PATTERSON FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(WEST PATTERSON BUSINESS PARK)
DESCRIPTION OF FACILITIES TO BE FINANCED BY CFD NO. 2005-1 (the "District") It is intended that the District will finance all or a portion of the costs of the following:
Wastewater Treatment Plant Expansion: Includes expansion of detention ponds and treatment facilities to serve the West Patterson Business Park.
Water Transmission and Distribution Loop Pipeline: Includes a 14/16" transmission and distribution pipeline around the Northern part of the City to complete the loopwater system around the City of Patterson.
Roadways within and in the vicinity of the West Patterson Business Park, including curb, gutter, sidewalks, street lights, asphalt paving, etc.
Water, sewer, storm drain distribution and collection infrastructure within the West Patterson Business Park.
>
>
>
>
West Patterson Environmental Impact Report Mitigation Measure Improvements: Includes the following list of intersection improvements, some of which are located outside of the City limits:
>
Signalize intersection widen southbound leftturn to two lanes, add a westbound left-turn lane; and add a westbound through lane.
Signalize intersection, widen underpass to
accommodate two eastbound through lanes
and a left-turn lane, and a through land and
left and right-turn lanes in the westbound
direction
Sperry Ave. /I5 SB Off Ramps
Sperry Ave/ 1-5 NB On-Ramps
Eastbound direction add one left-turn lane
and a shared through and right-turn lane;
Westbound direction add two left-turn lanes
and a through lane; in the southbound
direction add a through lane; in the
northbound direction add a left, through and
right turn lane
Sperry Ave/Rogers Road
A-l
7.1.b
Packet Pg. 148 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North Signalize, Eastbound direction add one leftturn lane and a shared through and right-turn lane. Westbound direction add one left-turn
lane a through and right turn lane.
Southbound add two left turn lanes,
Northbound add a left turn lane.
Eastbound add one left-turn lane, a through
and right-turn lane. Westbound direction add
one left-turn land and a through lane.
Southbound add a right-turn lane.
Northbound add a left-turn lane and a
through and right-turn lane
Sperry Ave. /Las Palmas Avenue. Signalize, Eastbound direction add a through and right-turn lane. Westbound direction add
a left-tan lane. Northbound add a left-turn
and a shared through and right-turn lane.
Eastbound add one left-turn land and a
through lane. Westbound direction add a
through lane. Southbound add a left-turn
lane. Northbound add a left-turn lane and a
right-turn lane.
Eastbound direction add one left-turn lane
and a shared through and right-turn lane.
Westbound direction add a left and a shared
through and right turn-lane.
Sperry Ave/Baldwin Road
Sperry Ave/American Eagle
Drive
Sperry Ave/Ward Ave,
Sperry/S Del Puerto
Signalize. Eastbound direction add one leftturn lane and a right turn lane. Northbound Sperry Ave/SR33
add a left-turn lane.
Northbound direction add one right-turn SR 33/Las Palmas lane.
Signalize. Southbound add one left-turn lane.
Westbound direction add a left turn lane.
Signalize, Southbound direction add one
through lane. Northbound direction add a
left-tan lane through lane
Ward Ave/Salado Ave.
Ward Ave/SR33
Signalize. Eastbound approach, add a left Zacharias Rd /SR-33 and right-turn lane; southbound add a
through lane, northbound approach on SR-33
add a left-turn lane.
Baldwin Rd/SR33 Signalize. Southbound add one through and right-turn lane. Northbound add a left and
right-turn lane.
Rogers Rd/SR33 Signalize. Southbound add one through and A-2
7.1.b
Packet Pg. 149 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North right-turn lane. Northbound add a left and
right-turn lane.
Signalize. Eastbound add a left-turn lane and
a through lane. Westbound add a left and
through lane. Southbound add a left turn
lane.
Sycamore /E. Las Palmas Ave
Signalize. Eastbound add a through lane,
Westbound add a through lane, Southbound
add a left-turn lane.
E. Las Palmas/Poplar
West Main/ Carpenter Rd. Signalize. Eastbound add a left-turn and through lane. Westbound add a through lane,
southbound add a left-turn lane, northbound
add a left-turn lane.
Signalize. Eastbound add left-turn lane.
Southbound add
Northbound add a left and right-turn lane.
The improvements authorized to be financed by die District shall include the acquisition of right of way, the costs of design, engineering and planning, the costs of any environmental or demand, traffic or other studies, surveys or other reports, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal am* related overhead costs, coordination and supervision and any other costs or appurtenance West Main/Crows Landing Rd.
left-turn lane.
related to any of the foregoing.
OTHER
The District may also finance any of the following:
1. Bond related expenses, including underwriters discount, reserve fund, capitalized interest, bond and underwriters counsel and all other incidental expenses.
2. Administrative fees of the Authority, the City of Patterson and the Bond trustee or fiscal agent related to the District and the Bonds.
3. Reimbursement of costs related to the formation of the District advanced by the Authority, the City of Patterson or any related entity, or any landowner or developer within the District, as well as reimbursement of any costs advanced by the Authority or any related entity, or any landowner or developer within the District, for facilities, fees or other purposes or costs of the District.
A-3
7.1.b
Packet Pg. 150 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
EXHIBIT J
Form Storm Basin Maintenance Agreement
7.1.b
Packet Pg. 151 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW098871.2}
Recorded at the request of:
City of Patterson
After recording, return to:
City of Patterson
Maricela L. Vela
City Clerk
1 Plaza, 2nd Floor
Patterson, Ca. 95363
Recording fees exempt
LANDSCAPE & STORMWATER TREATMENT CONTROL MEASURES
MAINTENANCE AND ACCESS AGREEMENT
OWNER: ________________________________________________ PROPERTY ADDRESS: ____________________________________
APN: ___________________________________________________
THIS LANDSCAPE & STORMWATER TREATMENT CONTROL MEASURES
MAINTENANCE AND ACCESS AGREEMENT (“Agreement”) is made and entered into this ___day of ___________ 20__, by between BALDWIN RANCH DEVELOPMENT, LLC, a California corporation (“Owner”), and the CITY OF PATTERSON, a California municipal corporation (“City”). There are no other parties to this agreement.
RECITALS
A. The Owner owns the real property in the City, more specifically described in Exhibit “A” attached hereto and incorporated herein by this reference (“Property”).
B. In connection with the development project within the Property known as Baldwin Ranch (“Project”), the City requires the Project to employ an on-site control measure to minimize pollutants in urban runoff, as well as to install adequate landscaping on the Property.
C. The Owner has chosen to install (a/n) _____________________________, hereinafter referred to as the “Stormwater Treatment Control Measure” or “STCM” as the on-site control measure to minimize pollutants in urban runoff. Said STCM, with installation on private property and draining only on private property, is a private facility with all maintenance or replacement, therefore, the sole responsibility of the Owner in accordance with the terms of this Agreement.
D. Owner shall also have the sole responsibility to maintain landscaping installed for the Project.
E. The STCM and the landscaping for the Project shall collectively be referred to as the “Improvements.”
7.1.b
Packet Pg. 152 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW098871.2}
F. City and Owner desire to enter into this Agreement to clearly define the responsibilities for both parties with respect to the Improvements installed as part of the Project.
G. The Owner is required to implement the Operations and Maintenance Plan for the Improvements, more specifically described in Exhibit “B”, attached hereto and incorporated herein by this reference.
AGREEMENT
NOW THEREFORE, it is mutually stipulated and agreed as follows:
1) Owner shall have the sole responsibility to plant and regularly maintain all onsite landscaping, including all trees and other landscaping for the Project. Owner shall pay all maintenance costs for Project landscaping in any public right-of-way. Landscaping shall be installed in accordance with plans and specifications accepted by the City, and shall be subject to all applicable state and local laws, regulations, and standards. 2) All maintenance and replacement associated with the STCM installed for the Project, as a private facility, shall be the sole responsibility of the Owner in accordance with the terms of this Agreement. Maintenance of the STCM shall be an ongoing obligation of Owner, until such time that Owner dedicates the STCM to the City, contingent upon City’s acceptance and approval.
3) Periodic and continuous maintenance, including, but not necessarily limited to, vegetation management, filter material replacement, and sediment removal, is required to assure peak performance of the STCM. Such maintenance activity will require compliance with all local, state, and federal laws and regulations, including those pertaining to confined space and waste disposal methods in effect at the time such maintenance occurs.
4) Owner hereby provides the City complete access, of any duration, to the STCM and its immediate vicinity at any time, upon reasonable notice, or in the event of emergency, as determined by City’s Director of Public Works with no advance notice, or the purpose of inspection, sampling, testing of the STCM, and in case of emergency, to undertake all necessary repairs or other preventative measures at Owner’s expense, as provided in paragraph 6 below. City shall make every effort at all times to minimize or avoid interference with Owner’s use of the Property.
5) Owner shall use its best efforts diligently to operate and maintain the STCM in a manner of assuring peak performance at all times in accordance with the Operation and Maintenance Plan, which is incorporated into this Agreement as Exhibit B. All reasonable precautions shall be exercised by Owner and Owner’s representative in connection with the STCM and the ultimate disposal of the material(s) shall comply with all relevant laws and regulations in effect at the time. As may be requested from time to
7.1.b
Packet Pg. 153 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW098871.2}
time by the City, the Owner shall provide the City with documentation identifying the material(s) removed, the quantity, and disposal destination. 6) In the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance of the Improvements contemplated by this Agreement, within fifteen (15) days of being given written notice by City (or sooner in the case of an emergency threatening public health and safety), City is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense to Owner or Owner’s successors or assigns, including administrative costs, attorneys’ fees, and interest thereon at the maximum rate authorized by the Civil Code from the date of the notice of expense until paid in full.
7) The City may require the Owner to post security in form and for a time period satisfactory to the City of guarantee of the performance of the obligations stated herein.
Should the Owner fail to perform the obligations under this Agreement, the City may, in the case of a surety bond, require the sureties to perform the obligations of this Agreement. As an additional remedy, the City’s Director of Public Works may withdraw any previous storm water related approval with respect to the Property on which a STCM has been installed until such time as Owner repays to City its reasonable costs incurred in accordance with paragraph 6 above.
8) This Agreement shall be recorded in the Office of the Recorder of Stanislaus County, California, and the obligation herein set forth, and also a lien in such amount as will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment.
9) In the event of legal action occasioned by any default or action of the Owner, or its successors or assigns, the Owner agree(s) to pay all costs incurred by the City in enforcing the terms of this Agreement, including reasonable attorney’s fees and costs, and that the same shall become a part of the lien against the Property. 10) It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenant that run with the Property and constitute a lien there against. 11) The obligations herein undertaken shall be binding upon the heirs, successors, executors, administrators, and assigns of the parties hereto. The term “Owner” shall include not only the present Owner, but also its heirs, successors, executors, administrators, and assigns.
Owner shall notify any successors to title of all or part of the Property. Owner shall provide a copy of such notice to the City at the same time such notice is provided to the successor.
12) Time is of the essence in the performance of this Agreement. 13) The waiver by either party hereto of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach
7.1.b
Packet Pg. 154 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW098871.2}
of the same or a different provision of this Agreement. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving. 14) Any approval or consent that is to be given by the City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on the City.
15) Any notice to a party hereto required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party.
IF TO THE CITY OF PATTERSON
Attn: City Engineer
1 Plaza
Patterson, CA 95363
IF TO OWNER
________________________________
_________________________________
_________________________________
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above.
CITY OF PATTERSON
_________________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
ATTEST:
Maricela L. Vela, City Clerk
OWNER
_________________________________
Name: ___________________________
Title: ____________________________
Date: _________________________
APPROVED AS TO FORM:
Nubia I. Goldstein, City Attorney
7.1.b
Packet Pg. 155 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW098871.2}
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of ____________ )
On _________________, 20 , before me, ,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public [Seal]
7.1.b
Packet Pg. 156 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW098871.2}
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of ____________ )
On _________________, 20 , before me, ,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public [Seal]
7.1.b
Packet Pg. 157 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW098871.2}
EXHIBIT A
(Legal Description and Site Map)
7.1.b
Packet Pg. 158 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW098871.2}
EXHIBIT B
(Operations and Maintenance Plan)
7.1.b
Packet Pg. 159 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
EXHIBIT K
Form Assumption Agreement
7.1.b
Packet Pg. 160 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW109892.1}
Assumption Agreement
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Agreement”) is entered into this _____ day of ______________________, 20___, by and between Baldwin Ranch Development, LLC (“Assignor”) and ________________________ (“Assignee”).
RECITALS
A. On ___________, 20____, Assignor and the City of Patterson entered into that certain agreement entitled “Development Agreement by and between the City of Patterson and Baldwin Ranch Development, LLC” relating to the development of “Baldwin Ranch” (the “Development Agreement”), originally recorded in Stanislaus County Assessor’s Parcel Number ___-___-____ (the “Property”).
B. Section ___ of the Development Agreement provides for the assignment by Assignor of all or any portion of Assignor’s interests, rights or obligations in the Development Agreement to third parties upon approval by the City such approval not to be unreasonably withheld.
C. Assignee is in the process of purchasing or otherwise acquiring from Assignor all of Assignor’s right, title and interest in those parcels located within the Property more commonly known as Assessor’s Parcel Number(s) _____________________ (“Assigned Parcel(s)”) D. Assignor intends to assign, and Assignee intends to assume, the rights under that Development Agreement as related to the Assigned Parcel(s).
E. In accordance with the terms of the Development Agreement, Assignor has provided to City a written request for consent to assignment, and the City Council has received such testimony and other information as it deems appropriate and as is deemed appropriate by the City Attorney for the purpose of determining that Assignee is a qualified applicant for purposes of the foregoing terms of the Development Agreement. This Agreement is intended to meet the requirements of the Development Agreement as an Assignment and Assumption Agreement, and is executed with the consent of the City as contemplated in the Development Agreement.
NOW, THEREFORE, Assignor and Assignee hereby agree as follows:
1. The foregoing Recitals are true and incorporated herein by this reference as though set forth in full.
2. Assignor hereby assigns, effective as of Assignor’s conveyance of the Assigned Parcel(s) to Assignee, all of the rights, interest, burdens and obligations of Assignor under the Agreement with respect to the Assigned Parcel(s). Assignor retains all the rights, interest, burden and obligations under the Development Agreement with respect to all other property within the Property owned thereby.
3. Assignee hereby assumes all of the burdens and obligations of Assignor under the Development Agreement, and agrees to observe and fully perform all of the duties and obligations of Assignor under the Development Agreement, and to be subject to all the terms and conditions thereof, with respect to the Assigned Parcel(s), it being the express intention of both Assignor and Assignee that, upon the execution of this Agreement and conveyance of the Assigned Parcel(s)
7.1.b
Packet Pg. 161 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW109892.1}
to Assignee, Assignee shall become substituted for Assignor as the “Developer” under the Development Agreement with respect to the Assigned Parcel(s).
3. The Agreement shall take effect and be binding only upon the City’s consent to and approval of this Agreement.
4. The Assignee represents and warrants that it has reviewed and is familiar with the terms and conditions of the Development Agreement, and for the benefit and reliance of City, that it acknowledges that the obligations, rights and duties are as set forth in the Development Agreement, and the duties of the Assignor thereunder and the duties of Assignee hereunder, as between Assignee and the City, shall be without reference to any underlying agreements or understandings that may exist between Assignee, Assignor or any Owner or other party with respect to the subject matter hereof, and that the City is not party to such other agreements.
5. All of the covenants, terms, and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
End of Assignment
*****SIGNATURES ON THE FOLLOWING PAGE*****
7.1.b
Packet Pg. 162 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW109892.1}
IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
AGREED TO AND ACCEPTED:
CITY OF PATTERSON
a California municipal corporation
City Manager
ASSIGNOR / DEVELOPER:
BALDWIN RANCH DEVELOPMENT
LLC, a California limited liability company
Land Development Consulting Group, LLC,
a California limited liability company, its
Member
By: _____________________________
Joseph B. Hollowell, III
Member
Eagle Valley Investment, a California
corporation, its Member
By: __________________________
Name: Larry Buehner
Title: _________________________
ASSIGNEE
, a
California __________
By:
7.1.b
Packet Pg. 163 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
EXHIBIT L
Form Notice of Termination
7.1.b
Packet Pg. 164 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW109893.1}
Notice of Termination
RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:
City of Patterson
P.O. Box 667
1 Plaza
Patterson, California 95363
Attention: City Clerk
Space Above This Line Reserved for
Recorder’s Use. Exempt from Recording
Fees (Government Code sections 6103
and 27383).
NOTICE OF TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT DATE: _________________, 20___
PARTIES: CITY OF PATTERSON, a California municipal corporation 1 Plaza
Patterson, California 95363
Baldwin Ranch Development, LLC
515 Keystone Boulevard
Patterson, CA 95363
Attn: Larry Buehner
Baldwin Ranch Development, LLC
1412 Rockhaven Drive
Modesto, CA 95356
Attn: Joseph B. Hollowell, III
SUBJECT PROPERTY: The property subject to this Notice of Termination and Release of Development Agreement is generally located in the City of Patterson and consists of parcels described in Exhibit A attached hereto (the “Property”).
7.1.b
Packet Pg. 165 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW109893.1}
THIS NOTICE OF TERMINATION AND RELEASE (the “Release”) is being executed by the City of Paterson, a California municipal corporation (“City”), with reference to the following.
A. By Instrument No. _____________, which was recorded in the Official Records of Stanislaus County, California on ________________, 20___, the City recorded a development agreement between the City and Baldwin Ranch Development, LLC (the “Developer”), approved on __________, 2020 pursuant to Ordinance No. _____, pursuant to Ordinance No. ____ (the “Development Agreement”), relating to the development of the Project known as “Baldwin Ranch”.
B. On ____________________, City Manager for the City gave Developer notice of default of its obligations under the Development Agreement.
C. On ____________________, Developer provided City with a request for cancellation of the Development Agreement.
D. On ____________________, after duly noticed public hearings before the Planning Commission and City Council for the City, the City Council adopted Ordinance No. ___________ terminating the Development Agreement.
NOW, THEREFORE, the City hereby terminates, cancels and otherwise releases the Subject Property and the Developer and the Developer’s heirs, executives, administrators, successors and assigns from their obligations in the Development Agreement, and relinquishes any right they may hereafter have to enforce any of the terms and provisions set forth in the Development Agreement related as such. This termination, cancellation, and release shall be effective upon the recordation of this Release in the office of the County Recorder for the County of Stanislaus, State of California.
CITY OF PATTERSON,
a California municipal corporation
By:
City Manager
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Packet Pg. 166 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North {CW097854.18}
EXHIBIT M
Project Approval Resolutions and Ordinances
7.1.b
Packet Pg. 167 Attachment: (FINAL) AMENDED RESTATED Baldwin Ranch DA (12-15-2021) (CW110282-3xDCB25) (Ordinance No. 859 Baldwin Ranch North City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: January 18, 2022
ITEM NO: 7.2
SUBJECT: Approve the proposal from RRM Design Group to prepare the Downtown Master Plan and authorize staff to enter into a negotiated Consultant Agreement on a time and materials basis not to exceed cost/budget of $330,000.00 including a 10% contingency to cover selected value-added tasks or unforeseen project expenses as requested by the City.
RECOMMENDATION
Approve the proposal from RRM Design Group to prepare the Downtown Master Plan and authorize staff to enter into a negotiated Consultant Agreement on a time and materials basis not to exceed cost/budget of $330,000.00 including a 10% contingency to cover selected valueadded tasks or unforeseen project expenses as requested by the City.
BACKGROUND
As the City Council may recall on or about November of 2016 the City of Patterson adopted the 2017 Strategic Plan (Plan). The purpose of said Plan was to help the City set a course of action for a specific time period and establish goals for the community and government and determine how to effectively achieve those goals over time. One such goal or priority was the revitalization of the downtown core. Subsequently, in conjunction with the implementation of the Strategic Plan, it was further determined that the development of a Downtown Master Plan would result in a guiding document to establish a clear path to achieve a successfully revitalized downtown. The Plan will be implementation focused, grounded by economic and market data, and will provide guidelines and policies to shape future land use, beautification, public and private signage, plaza and pedestrian amenities, and streetscape improvements. To that end on September 17, 2021, the City of Patterson disseminated a Request for Proposals (RFP) for the creation of a Downtown Master Plan to be developed through the Specific Plan of Land Use mechanism.
7.2 Packet Pg. 168
ANALYSIS
As indicated a Request for Proposals (RFP) was prepared and disseminated to six (6) qualified firms. Out of the six (6) firms the City received only two (2) proposals. However, the two (2) proposals the City did receive were extremely well done and thought out and while we (the City) did not have a lot of proposals to select from the quality of the proposals we did receive were excellent. Additionally, it should be noted that the creation of a Downtown Master Plan requires a multidisciplinary approach and as such each of the consultants had to pull a team of subconsultants together to achieve the Mater Plan. In the process of doing so several of the firms that were originally solicited to join other firms towards trying to establish the best and most competitive team as it were rather than submit an individual proposal of their own. So, in this regard there were more than just the two (2) consulting firms that participated in the process.
The two (2) proposals with corresponding scopes of work and estimated fees were submitted by the following firms:
Sargent Town Planning
RRM Design Group
A Selection Committee was formed consisting of City Staff and a Qualified Based Selection (QBS) method was provided to the Selection Committee to assist them in this endeavor.
Additionally, prior to the Selection Committee members formally meeting to discuss and evaluate said proposals the proposals were first evaluated and discussed by the Downtown Revitalization Committee members on November 22, 2021. After a very robust discuss the Revitalization Committee unanimously recommended RRM Design Group to the Selection Committee. On November 30, 2021, the Selection Committee formally met to discuss the proposals at which time they were made aware of the Revitalization Committee’s recommendation along with reasons for their decision. After a very lengthy and robust discussion and evaluation by the Selection Committee there was somewhat of an impasse given that both Consultant Teams were very qualified and very competitive. It was, therefore, the Selection Committee’s determined that one way of perhaps assisting with the decision-making process would be to interview the Two (2) Consultant Teams. The interviews were scheduled and on December 8, 2021, the Selection Committee along with one representative from the Revitalization Committee conducted the interviews via ZOOM. The Selection Committee then circled back immediately following the interviews to ascertain if one of the Consultant Teams distinguished themselves over the other. Based on the interviews it was unanimously concluded that the RRM Design Group team would be the best fit to conduct the lengthy and complicated tasks of creating a Downtown Master Plan. It should be noted that based on the proposal evaluations and the interview process it became clear that the RFP did not adequately address our expectations relative to the interface condition between Hwy 33 and the downtown core. As such, following the Selection Committee’s recommendation Staff reached out to RRM Design Group to inform them of our decision and to request a clearer sense of the details that will go into the above referenced interface condition effort. The clarification will be memorialized in the form of a scope of work addendum the details of which will be worked out between RRM Design Group and Planning Staff.
FISCAL IMPACT
7.2 Packet Pg. 169
The cost to prepare the Downtown Master Plan and an economic impact assessment is $330,000.00 including a 10% contingency ($30,000) to cover selected one or more of the valueadded tasks or unforeseen project expenses as requested by the City. The proposed scope of work includes three (3) additional or optional tasks that could be selected at a later time and funded by the contingency. Said optional tasks equate to $37,226. With respect to the funding source the Master Plan will be funded through the American Rescue Plan and as such will have no impact on the General Fund.
7.2 Packet Pg. 170
City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Saadiah Ryan, Finance Director
MEETING DATE: January 18, 2022
ITEM NO: 7.3
SUBJECT: Motion to Adopt Resolution No. 2022-01, authorizing the establishment of the PARS Post-Employment Benefits Trust Program which could be used to pre-fund pension and retiree health care obligations and Authorize the participation in the PARS Post-Employment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S.
Bank, appointing the City Manager as the City’s Plan Administrator, and authorizing the City Manager to execute the documents to implement the Program.
RECOMMENDATION
Motion to Adopt Resolution No. 2022-01, authorizing the establishment of the PARS PostEmployment Benefits Trust Program which could be used to pre-fund pension and retiree health care obligations and Authorize the participation in the PARS Post-Employment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank, appointing the City Manager as the City’s Plan Administrator, and authorizing the City Manager to execute the documents to implement the Program.
BACKGROUND
In 2012, the Government Accounting Standards Board (GASB) issued Statement No. 68, Accounting and Financial Reporting for Pensions. GASB 68 requires that governmental employers that sponsor Defined Benefit plans (i.e., CalPERS) must recognize a net pension liability (unfunded accrued liability) on their balance sheet. This is the difference between the City’s total pension liability (actuarial accrued liability) and actual plan assets. GASB 68 became effective for fiscal years starting after June 15, 2014.
To reduce the GASB 68 net pension liability figure, the City’s only prior option was to commit
7.3 Packet Pg. 171
additional funds to CalPERS (in excess of its annual required contributions) to reduce its unfunded liability. However, a recent private letter ruling received by PARS from the IRS established that the City could create a separate trust to "pre-fund" its CalPERS unfunded liability. This would provide the City with an alternative to sending funds to CalPERS that will allow for greater local control over assets, investment by a professional fund management team selected and monitored by the City, with future excess contributions transferred to CalPERS at the City’s discretion.
To date, 242 public agencies have adopted the Pension Rate Stabilization Program (PRSP) through PARS including the City of Morgan Hill, City of Gilroy, County of San Benito, City of Santa Clara, and City of Cupertino.
Expected benefits offered by the PARS PRSP include:
· Contributions placed in an exclusive benefit trust could address the City’s Net Pension Liability
· Investment flexibility with Section 115 Trust compared to restrictions on general fund investments (Govt. Code 53216)
· Increased risk diversification of plan assets through different asset management · Investments can be tailored to the City’s unique demographics · Oversight and control of fund management selection, monitoring of performance and ability to replace fund management based on performance criteria · Increased flexibility on use of trust assets (i.e., trust assets can be accessed at anytime as long as the assets are used to fund the City’s pension obligations and defray reasonable expenses associated therewith)
· Lower investment management and administrative expenses compared to CalPERS · Potential for positive rating agency and investor consideration.
In an effort to help public agencies address and manage their GASB 68 liability, PARS has developed the PARS Post-Employment Benefits Trust Program. PARS has assembled leading professionals to provide the City with the necessary services required under one program to prefund pension and retiree health care liabilities through an IRS reviewed program. The program has been established as a multiple employer trust so that public agencies regardless of size can join the program to receive the necessary economies of scale to keep administrative fees low and avoid any setup costs. To properly offset liabilities, funds must be set aside in an exclusive benefit, irrevocable trust that cannot be accessed by creditors in order to be accounted for as assets to fund the liability on the City’s financial statements. The trust permits the City, under federal and state law, to invest in a more diversified array of investments to maximize investment returns long term and reduce the City’s liability.
PARS has partnered with US Bank to serve as trustee and its sub-adviser HighMark Capital Management, Inc., to provide investment management services for the program
RECOMMENDATION
It is recommended that the City Council approve the City’s establishment of the PARS PostEmployment Benefits Trust Program and adopt the resolution. It is also recommended that the City Council authorize the City Manager, subject to the review and approval of the City’s legal
7.3 Packet Pg. 172
counsel, to sign all necessary documents.
FISCAL IMPACT
None.
ATTACHMENT
1. Exhibit A Agreement for Administrative Services.
7.3 Packet Pg. 173
1 of 2
RESOLUTION NO. 2022 – 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PATTERSON
APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST-EMPLOYMENT BENEFIT
TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) WHEREAS, PARS has made available the PARS Public Agencies Post-Employment Benefits Trust (”Program”) for the purpose of pre-funding pension obligations and/or OPEB obligations; and WHEREAS, the City of Patterson (“City”) is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and WHEREAS, the City’s adoption and operation of the Program has no effect on any current or former employee’s entitlement to post-employment benefits; and WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and WHEREAS, the City’s funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PATTERSON HEREBY adopts the PARS Public Agencies Post-Employment Benefits Trust, effective January 18, 2022; and
1. The City Council hereby appoints the City Manager, or his/her successor or his/her designee as the City’s Plan Administrator for the Program; and
2. The City’s Plan Administrator is hereby authorized the execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s Program.
7.3.a
Packet Pg. 174 Attachment: Resolution No. 2022-01 PARS appointment and establish section 115 trust 1-18-22 (Establish PARS Post Employment Benefits 2 of 2
PASSED AND ADOPTED this 18
th day of January 2022, by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Dennis McCord, Mayor
ATTEST:
Aracely Alegre, Acting City Clerk
7.3.a
Packet Pg. 175 Attachment: Resolution No. 2022-01 PARS appointment and establish section 115 trust 1-18-22 (Establish PARS Post Employment Benefits