Patterson City Council
February 15, 2022

City of Patterson Page 1 Updated 2/10/2022 10:28 AM
Agenda
City of Patterson
City Council Regular Meeting
February 15, 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. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), PATTERSON CITY COUNCIL RESOLUTION NO. 2022-04 AND THE FEDERAL AMERICANS WITH DISABILITIES ACT.

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC. ALL

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING 1-669-900-9128, MEETING ID: 693 538 4239, PASSWORD: 20995363 AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT. JOIN FROM A PC, MAC, IPAD, IPHONE, OR ANDROID DEVICE BY USING THIS URL:
https://us02web.zoom.us/j/6935384239?pwd=ZmZwMFdYajRsTjlKTnNTamZCWXFXdz09

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) 895-8012. 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) 895-8012 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 2/10/2022 10:28 AM

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 - December 6, 2021 (6:00 PM)

5.3. Approve Minutes of Special Meeting/Closed Session - December 21, 2021 (5:30 PM)

5.4. Approve Minutes of Regular Meeting - December 21, 2021 (7:00 PM)

5.5. Approve Minutes of Special Meeting/Closed Session - January 11, 2022 (5:00 PM)

5.6. Approve Minutes of Special Meeting/Closed Session - January 18, 2022 (6:00 PM)

5.7. Approve Minutes of Regular Meeting - January 18, 2022 (7:00 PM)

5.8. Approve Minutes of Special Meeting/Closed Session - January 25, 2022 (6:00 PM)

5.9. Approve City Department Reports for the Months of December 2021 thru January 2022 (Public Works, Recreation & Community Services and Community Development)
City of Patterson Page 3 Updated 2/10/2022 10:28 AM

5.10. Approve City Commission Reports for the Months of January and February 2022 (Parks Recreation & Beautification Commission)

5.11. Approve Resolution No. 2022-06, Authorizing Staff to Submit to CalRecycle a Notification of Intent to Comply with SB 1383 Regulations.

5.12. Adopt Resolution No. 2022-07 Approving the Subdivision Improvement Agreement and to Accept Final Map for the Clayton Shire - Phase 1 Subdivision located in the Villages of Patterson Master Development Plan.

5.13. Support a sponsorship to the Love Patterson 2022 Event in the amount of $2,500.

6. Presentation

6.1. Proclamation - National African American History Month (February 2022) - Mayor McCord

6.2. Coronavirus COVID-19 Update (City Manager Irwin)

7. Public Comment/Action Item

7.1. Public Works Department - Authorize Mistletoe Abatement; Authorize Staff to Enter into a Small Value Contract with the Contractor Selected to Abate the Mistletoe; and Authorize Staff to Bill the Property Owners (Resolution No. 2022- 05) Clean Up Process.

Staff Report: Public Works Director Willett
Mayor: Open/Close Item to Public Comment
Council: Motion to Approve Resolution No. 2022-05

8. Public Hearing

8.1. City Attorney - Review and Approve City Council's Unified Statement Regarding Alleged Misconduct of an Elected Official.

Staff Report: City Attorney Goldstein
Mayor: Open/Close the Public Hearing

9. City Council Reports
A. Appointment/Reappointment Two (2) Members to the Senior Center Board of Directors.

9.A.1. Motion to Appoint/Reappoint Two (2) Members to the Senior Center Board of Directors.

B. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) City of Patterson Page 4 Updated 2/10/2022 10:28 AM
C. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) D. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) E. 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)
F. 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)

10. Other Matters

11. Adjournment

DECLARATION OF POSTING
I, Aracely Alegre, 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 Feb. 10, 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, City Clerk
City of Patterson
Direct No. (209) 895-8012
Email [email protected]
City of Patterson Page 1 Updated 2/3/2022 3:34 PM
City Of Patterson
Special Meeting Minutes
December 6, 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
City Staff Present:

1. City Manager Irwin

2. City Attorney Goldstein

3. IT Manager Ford

4. Fire Chief Gregory

5. Police Chief Clayton

6. Redistricting Consultant Doug Yoakam

7. Deputy City Clerk Alegre

8. City Clerk Vela

2. Pledge of Allegiance

3. Statements of Conflict
None.

4. Items from the Public
None.

5.2 Packet Pg. 5
Minutes Acceptance: Minutes of Dec 6, 2021 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 2/3/2022 3:34 PM

5. Public Hearings

5.1. City Attorney - Second Public Hearing Regarding Redistricting and Overview of Redistricting Process.

City Attorney Goldstein reviewed her staff report.

Redistricting Consultant Doug Yoakam with National Demographics Corporation reviewed his report - power point presentation.

City Council addressed the following:
- Redistricting Rules and Goals
- Population/Census/Growth
- Public Mapping and Map Review Tools
- Dave's Redistricting Application how to use.
- How to find Patterson on Dave's Redistricting application, set up an account first - Walk thru on how to use Dave's Redistricting application for Patterson - Handout, Patterson 2021 Redistricting Public Participation kit. - Public Workshop for public to use application
At 7:50 p.m. Mayor McCord opened the Public Hearing to public comments.

There were no public comments.

6. Other Matters
City Council addressed the Patterson-Westley Chamber of Commerce Christmas Parade, City Council Float, Saturday, December 4, 2021.

7. Adjournment
There being no further business, the special meeting of the City Council of the City of Patterson of December 6, 2021 was adjourned 7:55 p.m.

Approved by the Patterson City Council on February 15, 2022.

5.2 Packet Pg. 6
Minutes Acceptance: Minutes of Dec 6, 2021 6:00 PM (Consent Calendar) City of Patterson Page 1 December20
City Of Patterson
Special Meeting/Closed Session 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
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

1. Call to Order
a. Conference with Legal Counsel - Anticipated litigation pursuant to Government Code Section 54956.9(d)(2): 1 case
b. Conference with Labor Negotiator per Government Code Section 54957.6 Agency Negotiator:

City Manager Irwin, Human Resources Director Smith, Human Resources Consultant Clark.

Employee Organization: American Federation of State, County and Municipal Employees Local 10 (AFSCME) and Patterson Fire Fighters Association IAFF Local 4577. c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8)
Property: 17 & 19 S. Del Puerto Ave.

Agency negotiator: Ken Irwin, City Manager
Negotiating parties: Ramos
Under negotiation: Price and terms
Property: 33 S. Del Puerto Ave.

Agency negotiator: Ken Irwin, City Manager
Negotiating parties: Eastern Marney

5.3 Packet Pg. 7
Minutes Acceptance: Minutes of Dec 21, 2021 5:30 PM (Consent Calendar) City of Patterson Page 2 Updated 12/23/2021 9:19 AM
Under negotiation: Price and terms
d. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: In re: National Prescription Opiate Litigation, U.S. District Court, Northern District of Ohio case number 1:17-MD-2804

2. Statements of Conflict
No statements of conflict were made.

3. Items from the Public
Kandace Weyhrauch provided public comment.

4. Adjourn to Closed Session
The City Council adjourned into closed session at 5:37 p.m.

5. Report from Closed Session
The City Council returned from closed session at 7:14 p.m.

Nubia Goldstein, City Attorney, stated that there was no reportable action.

6. Adjournment
The City Council adjourned into the regular meeting at 7:15 p.m.

The City Council adjourned back into closed session at 8:20 p.m.

The City Council adjourned the closed session meeting at 8:50 p.m. ________________________________
Dominic Farinha, Mayor Pro Tempore
ATTEST:
_________________________
Walfred Solorzano, City Clerk

5.3 Packet Pg. 8
Minutes Acceptance: Minutes of Dec 21, 2021 5:30 PM (Consent Calendar) 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 Packet Pg. 9
Minutes Acceptance: Minutes of Dec 21, 2021 7:00 PM (Consent Calendar) 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 Frainha opened the public hearing.

Joe Hollowell provided public comment.

Mayor Pro Tempore Frainha 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 Packet Pg. 10
Minutes Acceptance: Minutes of Dec 21, 2021 7:00 PM (Consent Calendar) 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 Packet Pg. 11
Minutes Acceptance: Minutes of Dec 21, 2021 7:00 PM (Consent Calendar) 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 Packet Pg. 12
Minutes Acceptance: Minutes of Dec 21, 2021 7:00 PM (Consent Calendar) 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 Packet Pg. 13
Minutes Acceptance: Minutes of Dec 21, 2021 7:00 PM (Consent Calendar) City of Patterson Page 1 Updated 2/3/2022 3:20 PM
City Of Patterson
Special Meeting/Closed Session Minutes
January 11, 2022
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 special (Closed Session) via zoom teleconference meeting of the City Council of the City of Patterson of January 11, 2022 was called to order in the City of Patterson at 5:10 p.m. by Mayor McCord.

City Councilmember Present:

1. Councilmember Alves

2. Councilmember Parham

3. Councilmember Farinha

4. Councilmember Homen

5. Mayor McCord
At this time, Mayor McCord announced the item to be discussed in Closed Session and opened the item to public comments.

The City Council will adjourn to Closed Session to address the following:
a. Public Employee Discipline/Dismissal/Release (Gov. Code section 54957(b).)

2. Statements of Conflict
No statements of conflict were made.

3. Items from the Public

5.5 Packet Pg. 14
Minutes Acceptance: Minutes of Jan 11, 2022 5:00 PM (Consent Calendar) City of Patterson Page 2 Updated 2/3/2022 3:20 PM

4. Adjourn to Closed Session
At 5:20 p.m. there being no items from the public, the Patterson City Council adjourned to Closed Session.

5. Report from Closed Session (if any)
At this time, Mayor McCord announced that in regard to Item No. 1. a., there is no reportable action.

6. Adjournment
There being no further business, the special (Closed Session) via zoom teleconference meeting of the City Council of the City of Patterson of January 11, 2022 was adjourned at 5:37 p.m.

Approved by the Patterson City Council on February 15, 2022.

5.5 Packet Pg. 15
Minutes Acceptance: Minutes of Jan 11, 2022 5:00 PM (Consent Calendar) City of Patterson Page 1 Updated 2/3/2022 3:59 PM
City Of Patterson
Special Meeting/Closed Session Minutes
January 18, 2022
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
Acting City Clerk
Aracely Alegre

1. Call to Order
The special (Closed Session) via zoom teleconference meeting of the City Council of the City of Patterson of January 18, 2022 was called to order in the City of Patterson at 6:00 p.m. by Mayor McCord.

City Councilmembers Present:

1. Councilmember Alves

2. Councilmember Parham

3. Councilmember Farinha

4. Councilmember Homen

5. Mayor McCord
City Staff Present:

1. City Manager Irwin

2. City Attorney Goldstein

3. Human Resources Director Smith
At this time, Mayor McCord announced the item to be discussed in Closed Session and opened the item to public comments.

The City Council will adjourn to Closed Session to address the following:
a. Conference with Labor Negotiator per Government Code Section 54957.6 Agency

5.6 Packet Pg. 16
Minutes Acceptance: Minutes of Jan 18, 2022 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 2/3/2022 3:59 PM
Negotiator: City Manager Irwin, Human Resources Director Smith, Human Resources Consultant Clark. Employee Organization: Patterson Fire Fighters Association IAFF Local 4577.
b. City Clerk Appointment - Pursuant to Government Code Section 54957 c. Director of Human Resources Appointment - Pursuant to Government Code Section 54957.

2. Statements of Conflict
None.

3. Items from the Public
None.

4. Adjourn to Closed Session
At 6:03 p.m. there being no items from the public, the Patterson City Council adjourned to Closed Session.

5. Report from Closed Session (if any)
At this time, Mayor McCord announced the following:

Regarding Item No. 1. a. provided direction to staff
Regarding Item No. 1 b. nothing to report.

Regarding Item No. 1. c. nothing to report.

6. Adjournment
There being no further business, the special (Closed Session) via teleconference meeting of the City Council of the City of Patterson of January 18, 2022 was adjourned at 7:00 p.m.

Approved by the Patterson City Council on February 15, 2022

5.6 Packet Pg. 17
Minutes Acceptance: Minutes of Jan 18, 2022 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 2/8/2022 9:41 AM
City Of Patterson
Regular Meeting Minutes
January 18, 2022
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
Aracely Alegre

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 (via zoom teleconference) meeting of the City Council of the City of Patterson was called to order in the City of Patterson at 7:01 p.m. by Mayor McCord.

City Staff Present:

1. City Manager Irwin

2. City Attorney Goldstein

3. IT Manager Ford

4. Public Works Director Willett

5. Fire Chief Gregory

6. Recreation & Community Services Director Flanders

7. Community Development Director James

8. Human Resources Smith

9. Finance Director Ryan

10. City Engineer Ulloa

11. Acting City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict

5.7 Packet Pg. 18
Minutes Acceptance: Minutes of Jan 18, 2022 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 2/8/2022 9:41 AM
None.

4. Items from the Public
Russell Fowler, Office of Supervisor Chance Condit - addressed the City Council on the items of Stanislaus County finishing redistricting process. County palm tree maintenance.

Troy McComak, Patterson Resident - addressed the City Council stating he was in support of a recall effort against Mayor McCord.

Timothy Benefield, Patterson Resident - addressed the City Council against zoom meetings. Mr. Benefield addressed the City Council in support of Mayor McCord stepping down and for Council Members to take action.

Dale Torres, Patterson Resident - addressed the City Council in support of Mayor stepping down and for Council to take action.

Kandace Weyhrauch, Patterson Resident - addressed the City Council in support of Mayor McCord stepping down.

Ms. Weyhrauch also addressed social media accounts, Instagram and Facebook in an effort to recall Mayor McCord.

Kelvin Love, Patterson Resident - addressed the City Council in support of Mayor McCord stepping down. Asking for a vote of no confidence.

Yovnne Raynolds, Patterson Resident - addressed the City Council in support of Mayor McCord stepping down.

Spoke against meeting virtually.

Kristina McComak, Patterson Resident - addressed the City Council in support of Mayor McCord stepping down.

Spoke against zoom meetings.

Stewart Walker, Patterson Resident - addressed the City Council in support of Mayor McCord stepping down.

Asking for a vote of no confidence.

Tahiri Palomino, Patterson Resident - addressed the City Council in support of Mayor McCord stepping down.

Rebekah Howls, Patterson Resident - addressed the City Council in support of Mayor McCord stepping down.

Marc Meyer, Patterson Resident - addressed the City Council in support of Mayor McCord stepping down.

Tiffany, Patterson Resident - addressed the City Council in support of Mayor McCord stepping down.

C.D., Patterson Resident - addressed the City Council in support of Mayor McCord stepping down.

Jackie Freitas, Patterson Resident - addressed the City Council in support of Mayor McCord stepping down.

5. Consent Calendar
Mayor Pro Tem Farinha moved to approve Consent Calendar Items 5.1 through 5.7. 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.

5.7 Packet Pg. 19
Minutes Acceptance: Minutes of Jan 18, 2022 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 2/8/2022 9:41 AM

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. City Manager - 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) - Isael Ojeda, Stanislaus Council of Governments (StanCOG) Senior Planner
Isael Ojeda, Stanislaus Council of Governments (StanCOG) Senior Planner reviewed his presentation.

The City Council addressed the following:
- How does this plan become more concrete?
- Natural gas vehicles and transit fee options.

Stanislaus Council of Governments (StanCOG) Senior Planner Isael Ojeda addressed Council's question.

RESULT: APPROVED

6.2. Coronavirus COVID-19 Update - City Manager Irwin
City Manager Irwin reviewed his presentation.

The City Council addressed the following:
- Disapproval in closing City Hall.
- Large numbers of City Staff being out sick.
- Addressed the seriousness of COVID and the hospitals being at full capacity.

7. City Staff Reports

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.

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Minutes Acceptance: Minutes of Jan 18, 2022 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 2/8/2022 9:41 AM
Mayor McCord read Ordinance No. 859, reading by title only, waiving further reading.

City Attorney Goldstein reviewed her report.

The City Council addressed the following:
- Additional homes being placed in this area, need for schools.

Mayor McCord opened the item to public comments;
Jeff Menge, Patterson Resident - addressed City Council regarding his discussion with the school district and there is no agreement with the developer. The district will continue negotiations.

Marc Meyer, Patterson Resident - addressed City Council regarding 500 new homes and the impact in water supply.

City Manager Irwin addressed Mr. Meyer's question/concerns.

Mayor Pro Tem Farinha moved to approve second reading of Ordinance No. 859, reading by title only, waving further reading. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.

Councilmember Parham moved to adopt Ordinance No. 859, 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.

RESULT: APPROVED
MOVER: Parham
SECONDER: Homen
AYES: McCord, Parham, Farinha, Homen
NAYS: Alves

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.

City Manager Irwin reviewed his report
The City Council addressed the following:
- Would like to see a timeline.
- Support for local entrepreneurs.
- Where do funds come from?
- Would have liked Council to be included in the selection of consultant.

City Manager Irwin - addressed council's questions/concerns.

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Minutes Acceptance: Minutes of Jan 18, 2022 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 2/8/2022 9:41 AM
At 8:42 p.m. Mayor McCord opened the item for public comments.

Monica Della Maggiore - Addressed City Council in support of Downtown Master Plan.

Timothy Benefield - Addressed City Council regarding timeline in the proposal from RRM, and the opportunity for members of the public to participate in past discussions.

Mike Hunt - Addressed City Council in support of Downtown Master Plan.

Marc Meyer - Addressed City Council in opposition to Downtown Master Plan.

Kandace Weyhrauch - Addressed City Council in opposition to Downtown Master Plan.

Mayor Pro Tem Farinha moved to 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. The motion was seconded by Councilmember Homen and approved by a 5-0 roll call vote.

RESULT: APPROVED
MOVER: Farinha
SECONDER: Homen
AYES: McCord, Alves, Parham, Farinha, Homen

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 Program.

Finance Director Ryan reviewed her report.

Jennifer Meza, Public Agency Retirement Services Consulting Manager, reviewed her PowerPoint presentation.

The City Council addressed the following:
- investment options.

At 9:06 p.m. Mayor McCord opened the item to public comment.

Ben Dover - Addressed City Council in support.

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Minutes Acceptance: Minutes of Jan 18, 2022 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 2/8/2022 9:41 AM
At 9:07 p.m. there being no further comments, Mayor McCord closed the item to public comments.

Mayor Pro Tem Farinha moved 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. The motion was seconded by Councilmember Parham and approved by a 5-0 roll call vote.

RESULT: APPROVED
MOVER: Farinha
SECONDER: Parham
AYES: McCord, Alves, Parham, Farinha
RECUSED: Homen

7.4. Finance - Adopt a Resolution No. 2022-02, approving the Pension Funding Policy.

Finance Director Ryan reviewed her report.

Finance Director Ryan addressed Slide 41, third bullet point changes.

At 9:43 p.m. Mayor McCord opened the item to public comments. There were no public comments.

Councilmember Parham moved to adopt Resolution No. 2022-02, approving the Pension Funding Policy. The motion was seconded by Councilmember Homen and approved by a 5-0 roll call vote.

RESULT: APPROVED
MOVER: Parham
SECONDER: Homen
AYES: McCord, Alves, Parham, Farinha, Homen

8. City Council Reports
A. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) Last meeting covered healthy foods, 24hr health care (presentation). Walk thru for potential hospital here in the City of Patterson.

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Minutes Acceptance: Minutes of Jan 18, 2022 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 2/8/2022 9:41 AM
B. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
Next meeting will be January 30th and February 3rd.
. 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)
Cambridge Academies end of year report - 1st baby born in December in Naomi's house. Great showing of community coming together.
. 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.
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)
Nothing to report.

9. Other Matters
City Council addressed the following:

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Minutes Acceptance: Minutes of Jan 18, 2022 7:00 PM (Consent Calendar) City of Patterson Page 8 Updated 2/8/2022 9:41 AM
- Reviewed letter from community member regarding Mayor McCord. - Programs to help families, mortgage relief and internet discount programs.

10. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of January 18, 2022, was adjourned at 9:54 p.m.

Approved by the Patterson City Council on February 15, 2022.

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Minutes Acceptance: Minutes of Jan 18, 2022 7:00 PM (Consent Calendar) City of Patterson Page 1 Updated 2/8/2022 10:17 AM
City Of Patterson
Special Meeting/Closed Session Minutes
January 25, 2022
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
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Excused
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, (via teleconference zoom) 1 Plaza, Patterson at 6:03 p.m. by Mayor Pro Tem Farinha.

City Council Excused:

1. Mayor McCord
City Staff Present:

1. City Manager Irwin

2. City Attorney Goldstein

2. Statements of Conflict
None.

3. Items from the Public
Kandace Weyhrauch, Patterson Resident - Addressed City Council regarding not knowing this meeting was happening. Also addressed Council regarding the City Council meeting video for the January 28, 2022 not being up on the website. Ms. Weyhrauch also read a report from the Stanislaus County Sheriff's Department and Patterson Unified Joint District regarding Mayor McCord's investigation.

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Minutes Acceptance: Minutes of Jan 25, 2022 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 2/8/2022 10:17 AM
Troy McComak, Patterson Resident - Addressed City Council regarding Mayor McCord's allegations.

Kayla, Patterson Resident - Addressed City Council expressing the lack of accountability for Mayor McCord's actions.

4. Adjourn to Closed Session
At 6:13 p.m. the Patterson City Council adjourned to Closed Session.

5. Report from Closed Session (if any)
Regarding Item a., there is nothing to report.

6. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of January 25, 2022 was adjourned at 8:05 p.m.

Approved by the Patterson City Council on February 15, 2022.

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Minutes Acceptance: Minutes of Jan 25, 2022 6:00 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: February 15, 2022
ITEM NO: 5.9
SUBJECT: Approve City Department Reports for the Months of December 2021 thru January 2022 (Public Works, Recreation & Community Services and Community Development)

RECOMMENDATION
Motion to Approve City Department Reports for the Months of December 2021 thru January 2022 (Public Works, Recreation & Community Services and Community Development)

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1 DEPARTMENT OF PUBLIC WORKS
“Public Works – Improving Your Quality of Life”

MONTHLY STAFF REPORT
December 2021
Administration & Environmental Compliance Division
 Staff continues to work closely with Finance to track all expenses and to submit all necessary FEMA grant reimbursements for all COVID-19 related expenses incurred by the City. The City is receiving in grant funds through the CARES Act, which require detailed expense reporting every month.
 The formal SRF loan agreement was approved and has been fully executed for the WQCF LEED Administration Building Project. Staff has been working closely to complete the final design and project is currently out to bid.
 The City is currently on the last year of approved water rates. Staff is currently working closely with Bartle Wells & Associates on the new Water Rate Study & Prop 218 process.

Staff is looking at a 10-year financial outlook for the water fund and will work on bringing this item before the Council for adoption of the new five year rate plan in the near future.  The City has applied for SRF Loan funding for a City water meter system replacement project.

The project would replace older water meters in the City to help with water system revenue losses and improve overall utility system management. The bid package is being prepared.  Staff has been working with Willdan Consulting on updating several City facility and recreation impact fees. Staff has met with the consultant and the Parks & Recreation Master Plan consultant during October to go over the costs associated with parks/recreational facilities. Once the impact fee study is complete, staff will be presenting the item to Council for approval of new proposed fees.
 Staff has been working closely with Planning, Recreation/Community Services, and Engineering on the new Parks Master Plan update. Community Outreach has been in progress for over two months through attendance at community events, surveys have been collected via the City’s social media, website, and other avenues. Once the plan is complete, staff will present this item to Council for approval.
 Staff is working on the Mid-Year budget review and work closely with Finance to bring this item before the City Council.
 Staff is working along other departments and City Attorney’s office to update the City’s municipal code. This will provide more updated codes to help the City comply with many state/federal regulations and provide more enforceable code of law that would allow everyone in the community to live and work safely, productively and in compliance with all environmental laws.

Grant Writing & Administration
 North Park Prop 68 Grant: Staff has worked with California Consulting to apply for the Prop 68 funded, Statewide Parks Program (SPP) grant. The application was submitted.

Unfortunately, the City heard back and was not awarded grand funding at this time.

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) 2  Garza Park Prop 68 Grant: Staff has worked with California Consulting and Public Health Advocates (non-profit) to apply for the Prop 68 funded, Statewide Parks Program (SPP) grant.

The grant application was submitted. The application was submitted. Unfortunately, the City heard back and was not awarded grand funding at this time.  South Park Per Capita Grant: Staff is working with California Consulting to apply for a per Capita Grant, Statewide Parks Program (SPP) grant. The SPP grant application is due in December 2021. Staff has submitted all documents necessary to for this grant application.  Outdoor Equity Grants (OEP): Staff will be working closely with the Recreation Department to apply for a new grant. The City has partnered with Public Health Advocates again to complete the grant application and seek grant funding through this State grant program to help expand the City’s recreational and environmental programs. This application shall be submitted by the deadline of October 8, 2021. Community workshops were held during the month of September. Staff is working closely with Public Health Advocates on the grant application.

Recycling & Solid Waste Program
 Staff is Monitoring SB 1383 to analyze how the new law will affect requirements and programs for organic recycling to assist with managing the City’s compliance with the mandatory recycling. Guidance models have recently been distributed to municipalities by CalRecycle. Staff will be analyzing the provided models to determine how to customize and incorporate the new requirements into the city’s program. Staff will utilize the program to centralize all required information for the various recycling programs, public outreach & education efforts and reporting. Staff is currently working on the city ordinance, required by SB 1383 and based on the model ordinance provided by CalRecycle. The 1st Reading and Introduction of the new ordinance was completed on November 16th. The 2nd Reading was completed December 7th. Implementation of the new ordinance to begin by January 2022.  Shred it Day event for the community is scheduled for November 6th at the City’s community center parking lot located on W. Las Palmas/Ward Avenue. This event has been very successful and due to its success the City has budgeted to hold these events twice per year.

F.O.G (Fats, Oils, & Grease) Program
 The City currently has two Public Works inspectors conducting FOG inspections. FOG inspections are being performed on a regular basis to ensure compliance.

Water Division & Water Conservation Program
The State Water Resources Control Board has rescinded the mandatory conservation standards that have been in place since 2015. The reporting requirements and prohibitions on water waste will remain. The current prohibitions against wasteful water use practices include outdoor watering during or within 48 hours after a rain event; hosing down a sidewalk instead of using a broom or a brush; and overwatering a landscape to where water is running off onto the sidewalk or into the gutter.

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) 3 Dec 2021 Water Production
Well Production
2 18,384,000
4- NP 1,263,000
5 24,415,000
6 0
7 1,000
8 4,030,113
9 23,654,000
11 1,000
KeystoneNP 7,000
FloragoldNP 2,200
TOTAL 71,757,313
Number of Water Waste Complaints: 0
Number of Follow-ups: 0
Number of Warning/Violations: 0
Number of Penalties: 0
Water Service Connection Requests: 57
Water Service Connection Turnoffs: 55
Water Work Orders: 19
Storm Water Pollution Prevention Program
 The City is currently partnering with 23 other Phase II agencies to address the State orders received to comply with the CV Pyrethroid TMDL and Baseline stormwater quality monitoring requriements. This new requirement is looking at the affects of pyrethroid pesticides that enter the waterways through the storm drainage systems/stormwater runoff. This requirement can have a significant financial impact to Phase I and II Cities and would require that they perform toxicity/pyrethroid testing/monitoring and water/sediments four times per year. The Phase II Cities are already participating and paying their fair share of the Delta Regional Monitoring Program tha is managed by the State. The City has partnered with several Cities/Agencies to hire a consultant to help develop a monitoring plan that would be submitted to the State by 2020/21. The partners have joined efforts to contract out with a consultant to assist with the implementation of the Pyrethroids Management Program. A total of 20 agencies have agreed to participate in this effort. The first kickoff meeting is scheduled for 11/4/21. The City of Patterson is taking the lead on this effort and will be a key player on managing this project.

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) 4  On April 7, 2015, the State Water Board adopted an Amendment to the Water Quality Control Plan for Ocean Waters of California (Ocean Plan) to Control Trash and Part 1 Trash Provision of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries (ISWEBE Plan). Together, they are collectively referred to as 'the Trash Amendments'. The project objective for the Trash Amendments is to provide statewide consistency for the Water Boards' regulatory approach to protect aquatic life and public health beneficial uses, and reduce environmental issues associated with trash in state waters, while focusing limited resources on high trash generating areas. The State has adopted Trash Policy Amendments which will require all Stormwater Phase II MS4 Cities must comply with. Staff will be working closely with Engineering and storm drainage consultant firm to begin working on table top exercises and Cost estimates so that the City is prepared for implementation of the most cost-efficient option. The City received a letter requesting selection of our preferred option as well as submit a jurisdictional map showing the land use priority areas:

1. Track 1: Install, operate and maintain full capture systems in storm drains that capture runoff from the priority land uses;

2. Track 2: Implement a plan with any combination of treatment controls, institutional controls, and/or multi-benefit projects within the jurisdiction of the MS4 permitted.

Demonstrate full capture system equivalency. Expectation is to install capture systems to the extent not cost-prohibitive.

Staff has submitted their Track (Track 1) option and Preliminary Jurisdictional Map to the State via the SMARTS electronic system and has up to 10 years to implement their trash devices in the areas identified in their plan/map.

An RFP was put out to request proposals for consulting services to assist the City with implementation and design of the City’s trash capturing unit. Two prposals were obtained and are currently under review. A contract will be awarded to Stantec Consultanting during April to begin the first phase of this project. The City has hired Stantec (Storm Drainage Consultant) to assist with the implementation plan, design, and to consult with the State regarding this item. A Technical Memo has been submitted to the State during the month of November 2020 and the City is working with the hired consultant to finalize the options. This is a phased project, but the goal is to get this project designed and ready to go out for construction. The City will be seeking a Prop 1 grant once the project is shovel ready.  A new Phase II Stormwater Permit is in progress at the State level. Once it is adopted, it will be implemented. Currently the permit is being held up due to the COVID-19 emergency.In the meantime, the City must comply with everything that is in the current permit. It is anticipated that the new permit will be implemented in FY 21/22. Under this new permit, the school districts will be brought in and will be required to have their own stormwater programs.
 The new Construction General permit for construction activities disturbing one or more acres of dirt during construction will be released during this year. Once the permit is released, staff will attend trainings to obtain information on all the changes. The release of the permit is taking longer due to the COVID-19 situation. Several workshops are being scheduled for the month of June 2020. The workshops will be held on-line.  The City is completing the Pyrethroids Management Plan. On June 8, 2017, the Central Valley Regional Water Quality Control Board (Regional Water Board) adopted Resolution R5-2017-

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) 5 0057, the Basin Plan Amendment (BPA) for the Control of Pyrethroid Pesticide Discharges.1 The BPA was subsequently approved by the State Water Resources Control Board on July 10, 2018 and the Office of Administrative Law (OAL) on February 19, 2019. The United States Environmental Protection Agency (USEPA) approved the Pyrethroid Total Maximum Daily Loads (TMDLs) for the nine urban creeks in Sacramento and Roseville on April 22, 2019. With these approvals, the TMDLs and BPA became fully approved and effective.

The BPA established a Pyrethroids Control Program that includes a variety of actions including, but not limited to:
• Monitoring requirements to assess baseline conditions, as well as continued trend monitoring.
• A conditional prohibition for pyrethroid discharges in exceedance of numeric triggers for Sacramento and San Joaquin River Basin water bodies with the aquatic life beneficial uses.
o If the numeric triggers are exceeded, the conditional prohibition requires the development and submittal of a Pyrethroid Management Plan (Management Plan) to reduce pyrethroid levels in discharges to the maximum extent practicable.

All Phase II Cities are subject to the conditional prohibition, and are not subject to the TMDL required to provide baseline monitoring to the Regional Water Board. However, municipalities regulated pursuant to the Phase II Municipal Separate Storm Sewer System (MS4) permit Phase II Permit may, as an alternative, acknowledge that the existing data are representative of their discharge and forego baseline monitoring and develop a Management Plan. As such, a Management Plan is being finalized on behalf of the City of Patterson, as required for all Phase II permittees. The plan along with a Pyrethroids Management Policy was submitted to the State on August 19, 2021. The City is working with other agencies to partner up on implemtnation of this program.
 These are the main projects which Public Works and Engineering are focusing on. These projects include:
o Staff continues to work with Engineering to develop the City’s Track 1 Trash Implementation Plan to comply with the State’s Trash Policy requirements. The plan was submitted to the State on December 2018 and the City has 10 years from this date to complete the implementation of their full trash capture plan. Design funds were approved in the FY 19/20 budget. Proposals for design were received and a consultant agreement is currently in progress. The kickoff meeting was held and the project is currently in progress. The City will be submitting their implementation plan and full trash capture device option(s) to the State. Once approved, staff will work on the next phases of this project which includes preliminary projects design/bid plans.

The City will be exploring Prop 1 grant opportunities for this project. o WQCF Administration LEED Building. This project is currently out to bid. o WM-1A (Kinshire) Waterline Replacement Project. Project was awarded and is currently under construction.

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) 6 Committees & Commission
Parks & Recreation and Beautification Commission:
 The commission met via Zoom. The committee discussed projects to pursue. Commissioners discussed a fund raiser to add money to the beautification budget. Potential projects were also discussed. The next regular meeting will be scheduled for December 15, 2021.

Safety (JEMSAC) Committee:
 The committee held it’s monthly meeting on December 9, 2021. Covid, Fire Safety and CPR training were on the agenda for discussion.

Permits Issued
Encroachment Permits, Fire Hydrant Use Permits, Other Permits Issued by Public Works:
 Encroachment Permit = 7
 Fire Hydrant Use Permits = 0
 Livescan = 0
Streets/Collections Division
Work Orders: Streets/Sidewalks = 19 Alleys/Garbage = 0 Collections = 16 Seasonal Tasks:
 Alley maintenance. The oleanders in the alley along 8th St. were trimmed.  Storm drain maintenance after storm event.
 Continue to maintain storm drainage system.
 Holiday decorations were inspected and tested for installation after the Thanksgiving holiday.

Electrical Division
Work Orders: Streetlights = 5
Seasonal Tasks this Month:
 Repaired street lights throughout the City.
 Worked performed at the WQCF.
 Electrical boxes were constructed for the Christmas Tree event at the downtown parks.

Urban Forestry Division
Work Orders: Urban Forestry: 31
Seasonal Tasks this Month:
 Focused on maintenance pruning and work order requests.  Inspected large Christmas tree and tested lights for installation after the Thanksgiving holiday.

Parks, Landscape & Building Maintenance Divisions
Park Reservations: 0 (All parks are currently closed to reservations until further notice due to COVID-19).

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) 7 Work Orders: Building Maintenance: 1 Parks: 7
Seasonal Tasks & Projects:
 Continued maintenance of all parks and easements.
 Focused on maintenance pruning in LMDs.
 Performed routine maintenance at City Hall.
 Inspected and tested holiday lights for installation along Sperry Avenue.

Fleet Services Division
Number of PW equipment repaired/serviced: 55 Public Works, Recreation and Community Service vehicles and 3 Fire Vehicle.

Water Quality Control Facility (WQCF)

MONTHLY FLOWS AND AVERAGES - NOVEMBER 2021
NOVEMBER 2021 INFLUENT SPOD* NPOD* AIPS

TOTAL FLOW,
MG/ month

52.200 20.997 31.198 .004
AVG FLOW, MGD 1.740 .700 1.040 0.000
HIGH FLOW, MGD 1.913 .837 1.185 .004
LOW FLOW, MGD 1.613 .592 .977 .000
Total Capacity,
MGD

2.25 1.25 .800 .200
* SPOD- South Plant Oxidation Ditch (new)                * NPOD- North Plant Oxidation Ditch (old) Alarms/Call-Outs:

Alarms =  215
Call-Outs =4
Seasonal Tasks:

1. AIPS shut down for service.

1. Process control under adjustment for current weather conditions.

2. Continue Annual PM work. (Oil changes)

3. Washer compactor off line issues.

4. North plant clarifier #2 OFF LINE.

LABORATORY RESULTS
NOVEMBER 2021
Avg.

BOD5 TSS TDS pH EC NO3-N TKN TN-N Na Cal
Influent 230 110 * 7.09 * * * * * *
Effluent. 5.2 5.7 1100 7.29 2010 .27 12 12 250 320
* Not required

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) 1 Recreation & Community Services Department
Monthly Staff Report
December 2021
The Patterson Aquatic Center – The work
has begun to resurface and repair the pool.

The project is scheduled to be completed
sometime in late February and the Recreation
staff are preparing the facility for an opening
as soon as it is completed.

Hammon Senior Center
With many members away for the holidays or
assisting with family duties, our attendance
saw a predicted decrease in December. The
new omicron variant has also caused people to
take pause and limit their social activities.

Activities continue to be offered with additional cleaning and safety protocols in place.

Health & Wellness:
fitness programs will include Sit ‘N Be Fit (Basic & Intermediate) and the Walking Group. This individual will also work on implementing additional fitness classes.

Zumba Gold only had one meeting before the teacher left early for the holidays.

The Walking Group had to move inside on numerous occasions due to inclement weather. Despite this, numbers remained consistent.

Line Dancing was held the first part of the month with nine students in attendance.

Bailar Ejercicio (Spanish dance) numbers were down, but participants had a fun time and got to socialize as well as work on their physical fitness.

Resources:

The Commodities program continued to see high numbers in December with 62 participants.

The congregate meal site continued in December with 150 taking part in the program. In addition, with the extended December closure, “blizzard boxes” were distributed that contained a week’s worth of meals.

The Green Bag program continued in December with 29 participants attending the event. This was the first month that HSC volunteers oversaw the distribution.

Covid testing continued in the HSC parking lot on Mondays throughout the month of December.

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) 2 Social:

Loteria and bingo attendance remained consistent throughout the month. monthly birthday party was held in conjunction with the December special event.

Save Mart continued to donate the birthday cake for this event.

Billiards continues to have a steady clientele coming in on a regular basis with a possible tournament coming up in February.

The Holiday Party was put on by the area Youth Action Commission. Thirty seniors were able to participate with games, food, and prizes. Some surprise guests also came in for pictures!
Arts & Crafts:
• Two painting classes were held with a total of 12 participants.

Additional classes have been added for January!
• Crafts with Cathie only had one session, but a total of six students attended the class. • Social Sewing continued through the month of December with six students.

Educational:
• Conversational English class continued in December with only one session due to instructor commitments.
• A new Basic Spanish class will begin in January. Newcomer’s Orientation was held with three new members learning more about the HSC and activities that take place at the facility.

YAC: YAC members planned and organized the senior’s Holiday Party. YAC members reached out to local businesses for
donations. They helped with decorations and hosting games and prizes. The youth had a great time with the event and enjoyed hosting an event for our HSC participants.

YAC also began conversations on what they would like to accomplish in 2022. There are about 15 participants per meeting. Meetings will resume on January 11, 2022, at 3:30 PM at the Hammon Senior Center
Jr. Warrior Youth Basketball: Staff is gearing up for the 2022 Jr Warrior Youth Basketball season. Registration is good as we currently have 212 participants registered, and 28 volunteer coaches signed up to volunteer.

Start Smart Basketball: Tiny Tot basketball concluded on December 18, 2021. We had 16 participants ages 3-5 years old. The youth learn basic basketball skills and are provided with a t-shirt, certificate, and basketball to continue practicing even after the program has finished.

Program Title 49er PREP Youth Flag Football: Staff has begun conversations with 49er PREP staff for the upcoming 2022 season. This program is free for all participants. More dates and details to come.

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) January 2022
Community Development Department
Monthly Report
The following information is provided as an update regarding the Planning and Housing Division activities during the month of January and updates for previously approved projects.

Planning Commission Meetings
On January 13, 2022, the Planning Commission met to consider the following items:

1. AT&T Wireless Tower – Centennial Park, Conditional Use Permit #20-03, Negative Declaration #21-02
A public hearing to consider adopting a negative declaration for the construction and operation of an unmanned wireless facility, consisting of an 84.9’ tall decorative bell tower, an 8’x8’ pre-cast concrete shelter, and a 30 KW generator, enclosed by a solid wall. The project site is located in the High Density Residential Zone. Located on a site approved for a park, on the east side of Ward Avenue, approximately 500 feet north of the intersection of West Las Palmas Avenue. This item was approved with a 5-0 vote.

On January 27, 2022, the Planning Commission met to consider the following items:

1. Chipotle Restaurant, Architectural & Site Plan Review # 21-10 Review of an application to construct and operate a 2,304 square foot Chipotle restaurant on a

0.99 acre lot, located on the north side of Sperry Avenue, approximately 250 feet east of Ward Avenue, located between the existing Walgreens store and Mister Carwash, also known as APN 048-047-019. The project would include 37 parking spaces, landscaping, and other appurtenances. With hours of operation proposed for 11 AM to 10 PM, seven days a week. The project would include a pickup window, that allows for pickup of previously ordered items, but would allow for a typical drive thru arrangement with orders made at a menu board. The use is consistent with the General Commercial zone, where the lot is located. The Planning Commission approved this item with a 4-0 vote.

2. BHT Auto Storage Extension Request (Architectural & Site Plan Review #19-06 and Conditional Use Permit #19-06)
The City has received a request to extend the BHT Auto Storage Project approval expiration date for a period of two additional years. The project included a vehicle storage facility located on Assessor Parcel Numbers 021-022-028, -043, -044, -045, -046, an approximately 224 acre site located south of Zacharias Road, between the California Aqueduct and Delta Mendota Canal. The applicant proposes outdoor storage of used, operable and inoperable vehicles for wholesale online auction. The project is divided into two phases. The first phase would include a 12,800 square foot office building, parking areas, storm drainage infrastructure, and

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) associated landscaping, on the southern half of the project area, approximately 100 acres. The second phase would include a 12,800 square foot office building, parking areas, storm drainage infrastructure and associated landscaping on the balance of the site. No dismantling, draining of fluids, crushing or sale of parts is proposed. Vehicles are sold in the same condition as they arrive. The permit time extension requires a public hearing by the Planning Commission. The Planning Commission requested additional information and continued this item to the February 10th meeting.

The next regularly scheduled meetings will be held on February 10th and 24th, 2022 at 7:00 PM.

Master Plan Update
The Transportation Master Plan will be presented to the City Council in the near future.

Staff and consultants are working on updates to the draft Parks and Recreation Master Plan.

Status update for major projects approved during 2022
A&SP Architectural & Site Plan Review RZN
General Plan
Amendment/Rezone
CUP Conditional Use Permit TPM Tentative Parcel Maps
FM Final Map TSM Vesting Tentative Maps
LLA Lot Line Adjustment P/A Prezone/Annexation
PD Planned Development ORD Zoning Ordinances/Amendments VAR Variance
Status update for projects approved in previous years
• Grocery Outlet, A&SP #21-01, CUP #21-02, TPM #21-01, southeast corner of Sperry Avenue and the future extension of Rogers Road, submitted building permit application

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) • Caligrows projects A&SPs #21-03, -04, and -05, CUPs #21-04, -05, -06, business park, approved
• Dutch Bros. Coffee, A&SP #21-02, CUP #21-03, southeast corner of Sperry Avenue and future extension of Rogers Road, approved
• VOP 2.1 LLC Lot 36 housing development, north of Olive Avenue, east of Sycamore, approved
• Popeye’s Restaurant, A&SP #21-07, CUP #21-07, north of Sperry Avenue, east of Park Center Drive, approved
• Oishi Teri Sushi Restaurant, A&SP #21-08, CUP #21-08, north of Sperry Avenue, east of Park Center Drive, approved
• BHT Properties Auto Storage, A&SP #19-06, CUP #19-06 - Approved • Love’s Travel Center, A&SP #19-07, CUP #19-07, Sperry Avenue and Rogers Road – Submitted building plans, site work underway
• S2A Modular, A&SP #20-01, CUP #20-04, TPM #20-01 – Site work underway • Nucleus Homeopathics, Inc., A&SP #20-02, CUP #20-05, 240 Park Center Drive – Approved
• Arambel Business Park Warehouse, A&SP #19-02, Rogers Road – Approved • La Quinta Hotel, A&SP #19-04, CUP #19-04, Sperry Avenue – Submitted building plans, applicant delay
• Harvest Samoan Assembly of God Church, A&SP #19-05, CUP #19-05, 415 N. 1st St. – Site work underway
• Del Lago Mini Golf and Family Fun Center, CUP #17-05, A&SP #17-04, Annamarie Ave – Site work underway
• Hamen Truck Wash, A&SP #17-01, CUP #17-02, PD #17-01, east side of Park Center Drive, north of Flying J Travel Center – Nearing completion
• Del Puerto Hospital Project, A&SP #17-03, 821 E Street - Approved • Westside Self Storage Baldwin - A&SP #16-03, PD #16-02, TPM #16-03, DA #16-01, Baldwin Road, Submitted building permit for third phase
• Patterson Logistics Center – PD 09-02, VTPM 09-01, DA 09-01, ND 10-03, A&SP 12-05 – Approved
• McShane Companies A&SP 07-04 (Phase 3) – Approved
Major Subdivisions
Villages of Patterson
• Villages of Patterson Apartments, A&SP #18-02, Olive Avenue – Submitted building permit • Landon Lane Apartments, A&SP #19-03 – Approved
• Self Help Enterprises single family units – second phase under construction • Patterson Ranch – construction underway
• Clayton Shire – site work underway
• Camden Shire – site work underway
Housing Projects and Programs
• CDBG: Preliminary work on 5th Street Infrastructure project underway. • HOME: City Staff continues to work with First-time Homebuyer Applicants seeking loan approvals.

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Attachment: December 2021 - Janurary 2022 Monthly Staff Reports (Monthly Department Reports) 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: February 15, 2022
ITEM NO: 5.10
SUBJECT: Approve City Commission Reports for the Months of January and February 2022 (Parks Recreation & Beautification Commission)

RECOMMENDATION
Motion to Approve City Commission Reports for the Months of January and February 2022 (Parks Recreation & Beautification Commission)

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Parks, Recreation & Beautification Commission meetings are held on the 3'd Wednesday of every month at 5:00 pm in the City Hall Council Chambers Comm issioner
Comm issioner
Comm issioner
Comm issioner
Comm issioner
Jacqueline Sudduth Term:

Carolyn Cooper Term:

Oscar Roman Term:

Tahmirah Hamed Term:

Gabriela Hernandez Term:

May
May
May
May
May
2020-2022
2020-2022
2021-2023
2021-2023
2021-2023
Parks & Recreation & Beautification Commission Meeting:

On December 15,2021 , the Parks, Recreation & Beautification Commission was cancelled due to lack of quorum. The agenda items are listed below.

1. Commission Logo ldeas
Agendas & Minutes can be located on the city website under the agenda center The next regular meeting will be scheduled for February 16,2022.

January 2022
Parks, Recreation & Beautification
Commission
Monthly Report
The following information is provided as an update regarding the Parks, Recreation & Beautification Commission meeting activities during the month of December and updates for previously approved projects.
5-Member Commission

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Attachment: Commission Reports (City Commission Reports) I
City of Patterson
Parks, Recreation & Beautification Commission Minutes
Regular Meeting of November 17,2021
Call to Order
Deputy Director Robert Andrade called the Regular Meeting ofthe Parks, Recreation & Beautification Commission of the City of Patterson to order at the City Hall Zoom Meeting at 5:08 P.M.

Present: Commissioners: Jacquelyn Sudduth, Gabriela Hemandez, Oscar Roman, & Tahmirah Hamed
City Staff: Deputy Director Robert Andrade. Public Works Secretary Mayra Mandujano, Recreation & Community Services Administrative Service Manager Diana Hemandez
Absent : Commissionner Carolyn Cooper
Public : None
) Statement of Conflict: None
Items from the Public:

3. Consent Agenda

3.1 Approval of October 20,2021, Minutes
Commissioner Tahmirah made a motion to approve October 20,2021, minutes.

The motion was seconded by commissioner Sudduth, and approved on a 3-0 vote.

1. Agenda Items

4.1 Fundraiser Event Discussion
Commissioner Gabriela Hemandez announced that the Indoor Soccer would be hosting a fundraiser and would be donating some ofthe funds from the even to the Parks Recreation & Beautification Commission.

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Attachment: Commission Reports (City Commission Reports)

5. Items from Committee Members

6. Adjournment
With there being no fu(her business, the City ofPatterson Parks, Recreation and Beautification Commission Meeting adjoumed at 5:25 p.m.

Mayra Mandujano
M a),,tn /1/t OA91 z---

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Attachment: Commission Reports (City Commission Reports) February 2022
Parks, Recreation & Beautification
Commission
Monthly Report
The following information is provided as an update regarding the Parks, Recreation & Beautification Commission meeting activities during the month of December and updates for previously approved projects.

Parks, Recreation & Beautification Commission meetings are held on the 3rd Wednesday of every month at 5:00 pm in the City Hall Council Chambers 5-Member Commission
Commissioner Jacqueline Sudduth Term: May 2020-2022
Commissioner Carolyn Cooper Term: May 2020-2022
Commissioner Oscar Roman Term: May 2021-2023
Commissioner Tahmirah Hamed Term: May 2021-2023
Commissioner Gabriela Hernandez Term: May 2021-2023
Parks & Recreation & Beautification Commission Meeting:

On January 19, 2021, the Parks, Recreation & Beautification Commission was cancelled due to lack of quorum. The agenda items are listed below.

1. Commission Logo Ideas
Agendas & Minutes can be located on the city website under the agenda center.

The next regular meeting will be scheduled for February 16, 2022.

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Attachment: Commission Reports (City Commission Reports) 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: February 15, 2022
ITEM NO: 5.11
SUBJECT: Approve Resolution No. 2022-06, Authorizing Staff to Submit to CalRecycle a Notification of Intent to Comply with SB 1383 Regulations.

RECOMMENDATION
Motion to Approve Resolution No. 2022-06, Authorizing Staff to Submit to CalRecycle a Notification of Intent to Comply with SB 1383 Regulations.

BACKGROUND
Jurisdictions are required to implement SB 1383 starting on January 1, 2022. As jurisdictions are preparing to implement the law, many local governments are facing challenges due to the COVID-19 pandemic. In response, Governor Newsom signed SB 619 (Laird, Chapter 508, Statutes of 2021) into law to support local governments as they design and implement successful organic waste recycling programs throughout the state. The law authorizes CalRecycle to waive civil penalties if a jurisdiction submits a Notification of Intent to Comply for some or all of the regulatory requirements and successfully implements a plan to correct their violations.

ANALYSIS
Jurisdictions that are unable to fully implement the regulations due to the COVID-19 pandemic, may submit to CalRecycle a Notification of Intent to Comply by March 1, 2022.

CalRecycle may waive administrative civil penalties for the violations if the local jurisdiction implements the actions proposed in the Notification. Even with an approved and submitted Notification of Intent to Comply, the City will still need to comply, but will have more time to complete all requirements. If a local jurisdiction fails to adhere to the proposed actions and schedule described in a Notification, then CalRecycle may revoke its approval and impose administrative civil penalties for violations.

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FISCAL IMPACT
There will be no fiscal impact related to the submission of the Notice of Intent (NOI) to comply with SB 1383 regulations.

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1 1 RESOLUTION NO. 2022-06
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 AUTHORIZING THE CITY OF PATTERSON TO SUBMIT A NOTIFICATION OF 5 INTENT (NOI) TO COMPLY PURSUANT AND CONSISTENT WITH SENATE BILL 6 1383 DESIGNED TO ACHIEVE THE ORGANIC WASTE REDUCTION GOALS 7 ESTABLISHED BY SECTION 39730.6 OF THE HEALTH AND SAFETY CODE 2025 8 9 The City Council of the City of Patterson (hereafter referred to as the “City Council”) 10 does resolve as follows:
11 12 WHEREAS, CalRecycle, in consultation with the California Air Resources Board, has 13 adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill 14 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established 15 in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level 16 of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent 17 reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025. 18 19 WHEREAS, the City of Patterson is a local jurisdiction required to comply with the 20 Regulations;
21 22 WHEREAS, the City of Patterson is or expects to be facing continuing violations of 23 the Regulations commencing during the 2022 calendar year; 24 25 WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the 26 Public Resources Code (Statute), created a mechanism called a Notification of Intent to 27 Comply through which a local jurisdiction may secure administrative civil penalty relief from 28 any continuing violations of the Regulations for the 2022 calendar year and may be eligible 29 for a broader and longer-term regulatory compliance path, including suspended administrative 30 civil penalties, through a corrective action plan.
31 32 WHEREAS, City of Patterson is a local jurisdiction authorized by the Statute to submit a 33 Notification of Intent to Comply for CalRecycle approval; 34 35 WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly 36 adopted by the jurisdiction by formal written resolution and meets the requirements of the 37 Statute;
38 39 NOW THEREFORE BE IT RESOLVED THAT:
40 41 The City Council of the City of Patterson by and through its City Manager hereby formally 42 adopts the Notification of Intent to Comply attached as Exhibit “A.” 43 5.11.a
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Attachment: Resolution No. 2022-06 - CalRecycle NOI 2-15-22 (Approve Resolution No. 2022-06 CalRecycle a Notification of Intent SB 1383) 2 1 The City Council of the City of Patterson hereby authorizes and directs the City Manager on 2 its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to 3 CalRecycle for approval pursuant to the Statute.
4 5 By submitting the Notification of Intent to Comply pursuant to and subject to the above 6 referenced requirements, the City Council of the City of Patterson represents and certifies 7 that it will implement the proposed actions to remedy the violations according to the 8 proposed schedule as approved by CalRecycle and in accordance with the Statute and 9 Regulations.
10 11 The City Council of the City of Patterson by and through its City Manager also 12 acknowledges and agrees to comply with any maximum compliance deadline in any 13 corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and 14 appropriate under the circumstances for the correction of any violation(s) of the Statute and 15 Regulations identified in its Notification of Intent to Comply. 16 17
18 The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 15
th
19 day of February 2022, by , who
20 moved its adoption, which motion was duly seconded by , and it was 21 upon roll call carried and the resolution adopted by the following roll call vote:
22 23 AYES:
24 NOES:
25 EXCUSED:
26 27
28 APPROVED:
29 30 _____________________________________
31 Dennis McCord, Mayor of the City of Patterson
32 ATTEST:
33 34
35 __________________________________________
36 Aracely Alegre, City Clerk of the City of Patterson

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Attachment: Resolution No. 2022-06 - CalRecycle NOI 2-15-22 (Approve Resolution No. 2022-06 CalRecycle a Notification of Intent SB 1383) 3 1 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 2 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 15 th
3 day of February 2022 and I further
4 certify that said resolution is in full force and effect and has never been rescinded or modified. 5 DATED:
6 7 ___________________________________
8 City Clerk of the City of Patterson
9 5.11.a
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Attachment: Resolution No. 2022-06 - CalRecycle NOI 2-15-22 (Approve Resolution No. 2022-06 CalRecycle a Notification of Intent SB 1383) Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].

A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.

EXHIBIT "A" 5.11.b
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Attachment: NOI For Council 2-3-22 Exhibit A (Approve Resolution No. 2022-06 CalRecycle a Notification of Intent SB 1383) Please clearly print or type responses. Attach additional pages as necessary.

Jurisdiction Name: City of Patterson County:US
Person Completing the Form:Program Analyst
First Name: Xavier Last Name: Guluarte
Title: Program Analyst
Mailing Address: PO Box 667
City: Patterson Zip Code: 95363
Email Address: [email protected]
Phone Number: 209-895-8060

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance

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Attachment: NOI For Council 2-3-22 Exhibit A (Approve Resolution No. 2022-06 CalRecycle a Notification of Intent SB 1383) (S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1) 14 CCR section 18991.1 Recordkeeping Requirements for Edible Food Recover Program (2) 14 CCR section 18988.4 Recordkeeping Requirements for Hauler Program (3) 14 CCR section 18993.1 Recovered Organic Waste Procurement Target (4) 14 CCR section 18993.2 Recycled Content Paper Procurement Requirements (5) 14 CCR section 18993.4 Recordkeeping Requirements for Recycled Content Paper Procurement

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

In order to complete the regulatory actions listed above the city will require more staff time for; development of the software programing, process, protocols, data-entry, and other administrative activities associated with those regulatory requirements. With additional time the city can catch-up and remain on course for compliance

3. A description of the impacts of the COVID-19 pandemic on compliance.

The city is behind schedule with development and implementation of some of the components of the SB1383 program due to constant staff shortages, inconsitent work loads directly related to the impact COVID-19 has had in those areas. Key staff has been forced to focus on multiple projects in order to help cover for staff who have been out on extended leave due to COVID-19.

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Attachment: NOI For Council 2-3-22 Exhibit A (Approve Resolution No. 2022-06 CalRecycle a Notification of Intent SB 1383)

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below.

See Table Below

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Attachment: NOI For Council 2-3-22 Exhibit A (Approve Resolution No. 2022-06 CalRecycle a Notification of Intent SB 1383) I hereby certify under penalty of perjury that the information provided herein is true and correct to the best of my knowledge.
------------------------------
Signature
------------------------------
Printed Name
------------------------------
Title
----------------------------
Date

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Attachment: NOI For Council 2-3-22 Exhibit A (Approve Resolution No. 2022-06 CalRecycle a Notification of Intent SB 1383) Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Designate staff time to focus on regulatory
recordkeeping requirement
Date to be completed:

March 31, 2022
TASK 2: Develop layers within the city's software program for tracking and recordkeeping
Date to be completed:

May 31, 2022
TASK 3: Convert part-time staff to full-time in order to help facilitate the work load
Date to be completed:

August 31, 2022
Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Purchase Mulch/Compost Distribution Equipment Date to be completed:

December 31, 2022
TASK 2: Designate Staff time to apply procured organic material Date to be completed:

December 31, 2022

EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/7/2022
TASK 2: The city will work with its hauler to find a facility to accept mixed organic waste.

Date to be completed:
4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly reports from the hauler to monitor full distribution of carts.

Date to be completed:
4/28/2022

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Attachment: NOI For Council 2-3-22 Exhibit A (Approve Resolution No. 2022-06 CalRecycle a Notification of Intent SB 1383) 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: February 15, 2022
ITEM NO: 5.12
SUBJECT: Adopt Resolution No. 2022-07 Approving the Subdivision Improvement Agreement and to Accept Final Map for the Clayton Shire - Phase 1 Subdivision located in the Villages of Patterson Master Development Plan.

RECOMMENDATION
Motion to Adopt Resolution No. 2022-07 Approving the Subdivision Improvement Agreement and to Accept Final Map for the Clayton Shire - Phase 1 Subdivision located in the Villages of Patterson Master Development Plan.

BACKGROUND
The Clayton Shire - Phase 1 subdivision is located within the Villages of Patterson Master Development Plan (“VOP Development Plan”). Clayton Shire consists of approximately 17.44 gross acres subdivided into 98 lots. VOP 2.1, LLC is the developer of the Clayton Shire - Phase 1 subdivision (“Developer”). Developer will develop Clayton Shire - Phase 1 in accordance with the VOP Development Plan. This Resolution would approve the Subdivision Improvement Agreement and accept the Final Maps for the Clayton Shire - Phase 1 subdivision.

ANALYSIS
Divisions of land are subject to the requirements and procedures of the Subdivision Map Act and the City’s subdivision ordinance relating to the filing, approval, and recordation of subdivision maps (the “Subdivision Laws”). The City approved the Tentative Map for Clayton Shire - Phase 1 in 2006 in conjunction with other entitlements relating to the VOP Development Plan.

Pursuant to Developer’s conditions of approval, Developer is required to install certain public improvements to support the orderly development of the property, including but not limited to,

5.12 Packet Pg. 57
streets, alleys, water mains, sanitary sewers, storm drain systems, sidewalks, bike paths, and other rights-of-way for public use (the “Improvements”).

Under the Subdivision Laws, Developer must either install the Improvements prior to the City’s acceptance and recording of the Final Map, or alternatively, execute a Subdivision Improvement Agreement. A Subdivision Improvement Agreement allows a developer to install public improvements after approval and recordation of a final map and also establishes the security device to guarantee completion of the Improvements. Developer is entering into the attached Subdivision Improvement Agreement with the City to guarantee completion of the necessary Improvements and to receive approval of the Clayton Shire - Phase 1 Final Maps.

The Subdivision Improvement Agreement establishes Developer’s Improvement obligations and ensures completion of the Improvements. Adoption of this Resolution approves the attached Subdivision Improvement Agreement, accepts the Final Maps for Clayton Shire - Phase 1 , and would allow Developer to proceed with construction of the Improvements.

FISCAL IMPACT
There is no budget impact to the City. This action will pave the way for construction of new residential units and related public improvements for the Clayton Shire - Phase 1 subdivision.

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{CW108191.4}
RESOLUTION NO. 2022-07

A RESOLUTION OF THE PATTERSON CITY COUNCIL

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND
ACCEPTING FINAL MAPS FOR THE CLAYTON SHIRE PHASE-1 SUBDIVISION

LOCATED IN THE VILLAGES OF PATTERSON MASTER DEVELOPMENT PLAN (APN: 047-035-003)
WHEREAS, VOP 2.1, LLC, (“Developer”) own tracts of land consisting of approximately

18.82 gross acres in the City of Patterson (“City”) known as the “Clayton Shire” subdivision.

Clayton Shire is located within the Villages of Patterson Master Development Plan (“VOP Development Plan”); and
WHEREAS, on December 12, 2006, the City adopted Resolution 2006-112, which approved a number of entitlements relating to the VOP Development Plan, including but not limited to, Vesting Tentative Subdivision Maps “A” and “B” (collectively, the “Tentative Map”); and
WHEREAS, on December 19, 2006, the City adopted Ordinance No. 681, which approved a Development Agreement that applies to properties within the VOP Development Plan. On October 15, 2018, the City approved an Operating Memorandum memorializing certain revisions to implement and update the 2006 Development Agreement (collectively, the “Development Agreement”); and
WHEREAS, Developer has submitted Final Maps for Clayton Shire Phase-1 to City for acceptance and recording; and
WHEREAS, in order for the City to accept and record the Final Maps for Clayton Shire, the Developer must execute a Subdivision Improvement Agreement to guarantee completion of the Improvements; and
WHEREAS, under the attached Subdivision Improvement Agreement, Developer is required to post securities to guarantee construction of the Improvements, and to guarantee payment for materials, work, labor, and warranty of the work; and WHEREAS, City Staff has determined that the Subdivision Improvement Agreement and the Final Maps conform to the Tentative Map, the Subdivision Map Act, the City’s subdivision ordinance, the Development Agreement, and the VOP Development Plan; and WHEREAS, the purpose of this Resolution is to authorize the execution of the Subdivision Improvement Agreement, attached hereto as Exhibit A, and also to authorize the acceptance and recording of the Final Maps for Clayton Shire.

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Attachment: Resolution No. 2022-07 Clayton Shire Phase-1 SIA & Final Maps (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW108191.4}
NOW, THEREFORE, BE IT RESOLVED that the Patterson City Council hereby approves the attached Subdivision Improvement Agreement with Developer, authorizes the City Manager to execute and perform all acts pursuant to the Subdivision Improvement Agreement, approves the acceptance and recording of the Final Maps for Clayton Shire, and further authorizes the City Manager to perform all acts necessary and incidental to carry out the purposes of this Resolution.

PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PATTERSON ON THE 15TH DAY OF FEBRUARY 2022, BY THE FOLLOWING ROLL CALL VOTE:

AYES:

NOES:

EXCUSED:

Dennis McCord
Mayor of the City of Patterson
ATTEST:

Aracely Alegre
City Clerk of the City of Patterson

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Attachment: Resolution No. 2022-07 Clayton Shire Phase-1 SIA & Final Maps (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW108191.4}
I hereby certify that the foregoing is a full, correct, and true copy of a resolution 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 15th day of February 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATED:

City Clerk of the City of Patterson

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Attachment: Resolution No. 2022-07 Clayton Shire Phase-1 SIA & Final Maps (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW108191.4}
EXHIBIT 1

SUBDIVISION IMPROVEMENT AGREEMENT
CLAYTON SHIRE PHASE-1

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Attachment: Resolution No. 2022-07 Clayton Shire Phase-1 SIA & Final Maps (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}
Assessor’s Parcel Numbers: 047-035-003

SUBDIVISION IMPROVEMENT AGREEMENT
CLAYTON SHIRE – Phase One
This SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and deemed effective as of _______________, 2021, by and between the City of Patterson, a California municipal corporation (“City”) and VOP 2.1, LLC, a California limited liability company (“Subdivider”). City and Subdivider may herein be referred to individually as a “Party” and collectively as the “Parties”. There are no other parties to this Agreement. This Agreement is made with reference to the following:

RECITALS
A. Subdivider owns a tract of land consisting of approximately 18.82 gross acres, lying in the City of Patterson, County of Stanislaus, California, known as “Clayton Shire”, more particularly described as Stanislaus County Assessor’s Parcel Numbers 047-035-003, and shown in more detail on the legal description attached hereto as Exhibit A (the “Property” or the “Subdivision”).

B. On December 12, 2006, the City Council of the City of Patterson (“City Council”) adopted Resolution 2006-122, approving a number of entitlements related to the master planned community known as the Villages of Patterson (“VOP”), which encompasses the Subdivision, including, but not limited to: (1) the VOP Development Plan; (2) Vesting Tentative Subdivision “A” and “B” Maps (together, the “Tentative Map”); (3) the VOP Conditions of Approval; and (4) an environmental impact report, statement of overriding considerations and mitigation monitoring plan in accordance with CEQA for the VOP Development Plan.

C. On December 19, 2006, the City Council adopted Ordinance No. 681, approving a Development Agreement by and between the City of Patterson and Northeast Territories, LP and Relating to the Development known as “The Villages of Patterson” at Patterson, California, and on October 15, 2018, Subdivider and City entered into an Operating Memorandum to memorialize certain revisions to implement and update the 2006 Development Agreement (together, the “VOP Development Agreement”).

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF PATTERSON
1 Plaza, 2nd Floor
Patterson, CA 95363
Attention: City Clerk
Exempt from recording fees
(Gov. Code §§ 6103 and 27383)
(Space above this line for Recorder’s use)

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

D. The Tentative Map and Final Map are subject to the Subdivision Map Act (Gov.

Code, § 66410 et seq.), City’s ordinances and regulations related to the filing, approval, and recordation of subdivision maps, the VOP Conditions of Approval, and other relevant conditions contained in Resolution 2006-122 (and any amendments thereto) (together, the “Subdivision Laws”). The Tentative Map is also subject to the terms, conditions and obligations contained in the VOP Development Agreement, and development within the Subdivision must be in accordance with the VOP Development Plan.

E. Complete improvement plans for the Property designating the construction, installation, and completion of certain public improvements, including, but not limited to, improvements in streets, alleys, water mains, sanitary sewers, storm drain systems, sidewalks, bike paths, easements and other rights-of-way as are deemed necessary by the City for the general use of residents of the Subdivision have been prepared by Subdivider and approved by the City Engineer or his designee (“Improvement Plans”), consistent with the Subdivision Laws, the Development Agreement, VOP Development Plan and Tentative Map.

F. Subdivider has submitted a proposed final map for the Property, reduced copies of which are attached hereto as Exhibit B (the “Final Map”).

G. In order for City to approve and record a Final Map for the Subdivision, Subdivider must either complete all of the improvements required by the Improvement Plans for the Final Map area (“Improvements”), or execute an agreement with City to complete the Improvements for that Final Map within a specified period.

H. In order for City to approve and record a Final Map for the Subdivision, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider’s sole cost, expense and risk, all of the Improvements required in connection with the Subdivision as required by the Improvement Plans, including but not limited to grading work and site clearance, the Improvements, and all labor required to complete the Improvements to the satisfaction of City (“Improvement Work”).

I. Subdivider has secured this Agreement by agreeing to deposit securities with City consisting of a cash deposit, bond, or letter of credit in form acceptable to City to secure the installation of remaining onsite and offsite Improvements, and a one-year warranty of workmanship for onsite and offsite improvements, in accordance with the terms provided herein (the “Securities”).

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the Parties agree as follows:

AGREEMENT

1. Recitals. The recitals above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and Sections 1 through 22 of this Agreement, Sections 1 through 22 shall prevail.

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

2. Effective Date and Term. The City Engineer requires this Agreement to be executed by the Parties prior to Subdivider initiating any offsite improvements, and Securities for all the remaining onsite and offsite improvements shall be provided prior to Subdivider initiating any offsite work. This Agreement shall become effective on the date that both Subdivider and City have executed this Agreement (the “Effective Date”), and shall terminate after the release of all Securities, unless this Agreement is terminated in writing, signed and notarized by both Parties and recorded. Notwithstanding the foregoing, this Agreement shall terminate prior to the release of all Securities as to any portion of the Property that City provides a Certificate of Completion relating to such Property or Final Map area, provided that the Warranty shall continue in accordance with this Agreement. Under all other circumstances, this Agreement, including the rights and obligations of the Parties hereunder, shall automatically terminate after any lot within the Subdivision has been conveyed to an individual homebuyer and a Certificate of Occupancy has been issued by City in accordance with this Agreement.

3. Dedication. Except as otherwise provided in this Agreement or in the action of the City Council approving the Final Map, City hereby rejects all lands, rights-of-way and easements offered for dedication on the Final Map or by separate instrument. Such offers, however, shall remain open and constitute irrevocable offers of dedication in accordance with Government Code section 66477.2. All such offers of dedication may be accepted by the City Council, in its sole discretion, as provided in Section 8.

4. Installation of Improvements. Upon execution of this Agreement, Subdivider may proceed with onsite grading, horizontal improvements that do not require the issuance of a building permit for vertical construction, and street work for all approved Improvement Plans.

Upon deposit of all Securities for the offsite improvements, Subdivider may proceed with installation of all offsite Improvements. Subdivider agrees to furnish, construct and install at Subdivider’s own expense the Improvements, as shown on the Improvement Plans, which are to be installed to the sole satisfaction of the City Engineer. The Improvement Plans may only be modified by Subdivider subject to prior written approval by the City Engineer.

5. Subdivider’s Obligations. Subdivider shall perform each of the following prior to conveying any legal parcel or lot created by the Final Map for the Subdivision, and prior to City’s issuance of any building permit to construct any residential units within the Subdivision:

A. Complete, at Subdivider’s sole cost and expense in a good and workmanlike manner, all of the Improvements within the Final Map in conformance with the Subdivision Laws, and all applicable standards under City codes and ordinances and City’s general plan related to the Improvements (collectively, the “Improvement Standards”).

B. Commence construction of the Improvements within six (6) months from the Effective Date of this Agreement unless otherwise approved or extended in writing by the City Engineer, for good cause, after written application by Subdivider. Subdivider shall notify the City Engineer in writing at least three (3) calendar days before the commencement of construction of the Improvements.

C. Complete all Improvements within twelve (12) months from the Effective Date of this Agreement, unless otherwise approved or extended in writing by the City Engineer,

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

for good cause, after written application by Subdivider. Such application shall state fully the grounds and facts showing good cause for such extension to be granted. In granting any extension of time, the City Engineer may require a new or amended subdivision improvement agreement, or new security, to reflect increases in the costs of constructing the Improvements or other conditions related to the extension of time.

D. Furnish and pay for all necessary equipment, labor and materials to complete the Improvements in conformity with the Improvement Standards.

E. Replace or repair all public improvements, private property, public utility facilities, and surveying or subdivision monuments that are destroyed or damaged in the performance of any work related to this Agreement to the same condition that existed prior to the destruction or damage. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private property damaged or destroyed in the performance of any work related to this Agreement. Any repair or replacement work shall be to the satisfaction, and subject to the approval, of the City Engineer.

F. Provide safe access to City and its agents for inspection of the Improvements.

G. Give good and adequate warning to the public of each and every dangerous condition existing on or near the Improvements, and take reasonable action to protect the public from any such dangerous condition.

H. Perform all construction work related to installing the Improvements between 7:00 a.m. and 6:00 p.m. on weekdays and between 8:00 a.m. and 5:00 p.m. on weekends and legal holidays, unless otherwise approved in writing by the City Engineer.

I. Require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing any work related to the Improvements. Subdivider shall maintain an office with a telephone and Subdivider or a person authorized to make decisions and act for Subdivider in Subdivider’s absence shall be available at the site of any Improvements within three (3) hours of being called at such office by City at any time when construction work is being performed on the Improvements.

J. Assume all costs for utility and cable television undergrounding or relocation which is not the responsibility of the cable television, , electric, telephone or other utility company under the terms of any franchises with City or otherwise imposed upon the utility companies by law.

K. Obtain and comply with all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees and taxes required by law.

L. Participate in the formation of a Community Facilities District (“CFD”) to finance ongoing maintenance of public improvements serving the Subdivision pursuant to the

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

Mello-Roos Community Facilities District Act (Gov. Code, § 53311 et seq.), or provide alternate financing of ongoing maintenance obligations in a form acceptable to City, and complete all necessary proceedings to include the Property into such CFD. The Parties acknowledge Subdivider’s satisfaction of this obligation as the Property is subject to CFD 2018-1 and CFD 2018-2.

M. Participate in the formation of a CFD to finance ongoing maintenance and public services related to the Property and the VOP area, and complete annexation, and complete all necessary proceedings to include the Property into such CFD.

N. Complete all necessary proceedings to annex the Property into City CFD 2003-01, pursuant to the VOP Development Agreement.

O. Document Subdivider’s compliance with the School Facilities Funding and Mitigation Agreement, originally entered between NET and Patterson Joint Unified School District (“PJUSD”), or with a separate agreement implementing those portions of Subdivider’s obligations relative to the VOP area.

P. Pay all amounts due at Final Map. Pursuant to the Operating Memorandum, City no longer requires payment of the Water Component of the City’s AB 1600 Capital Facilities Fee at Final Map recordation. Subdivider or its successor shall pay $7,567 per single-family residential unit, $4,540 per multifamily unit, and $6.23 per square foot of light industrial, commercial, and downtown core unit, at building permit issuance.

Q. Pursuant to the Operating Memorandum, prior to Final Map recordation, Subdivider shall certify to City that any offsite dedications, easements or rights-of-way required by adjacent landowners are reasonable and approved by the adjacent landowner. Subdivider shall coordinate with such landowners to execute and provide documentation of any easements, rightsof-way or dedications to City within fifteen (15) business days of receiving a written request for such by City.

6. Estimated Cost of Improvements. The total cost of the remaining onsite and offsite Improvements, as provided by Subdivider and reviewed and confirmed by the City Engineer, is estimated to be $__________, of which the total cost of offsite Improvements is estimated to be $_________. Under this Agreement, City will allow Subdivider to bond against remaining onsite and offsite Improvements only, provided that City will not actually record the Final Map until Performance and Payment Securities are provided to City for the remaining onsite and offsite Improvements, and a Warranty Security is provided to City for all offsite and onsite Improvements.

7. Title to Improvements. City shall not accept any property to be dedicated, or the Improvements, unless they are constructed in conformity with the Improvement Plans and Improvement Standards to the satisfaction of the City Engineer. Subdivider shall retain title to, shall be responsible for, and shall bear the risk of loss to, any of the Improvements constructed or installed, until such time as the Improvements are accepted by City. Title to and ownership of the Improvements and any real property to be dedicated shall vest absolutely in City upon completion 3,380,817
1,380,751

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

and acceptance of such Improvements by the City Council pursuant to Section 8 below. City shall not accept the Improvements unless title to the Improvements is entirely free from all liens. Prior to acceptance, at City’s request, Subdivider shall supply City with appropriate lien releases, at no cost to and in a form acceptable to City.

8. Final Acceptance of Work. The Improvements on the Final Map, together with the easements, rights-of-way, and other interests in real property, shall be deemed accepted by City only after (A) acceptance by the City Council upon recommendation of the City Engineer, after satisfactory completion and inspection of all Improvements, and (B) issuance of a Certificate of Completion by the City Engineer. City’s acceptance of the dedications shall not constitute a waiver by City of any defects or deficiencies in the Improvements.

9. Damage to Improvements. Subdivider is exclusively responsible for the care and maintenance of, and any damage to, the Improvements, prior to final acceptance as provided in Section 8 above. Subdivider shall replace or repair all Improvements, utility facilities and monuments that are damaged or destroyed for any reason, regardless of the cause of damage or the ownership of the underlying property. Any repair or replacement shall be to the satisfaction of the City Engineer.

10. Repair of Defective Work. If, however, within a period of one (1) year after final acceptance by the City Council of the Improvements, any portion of the Improvements or any work done under this Agreement fails to fulfill any of the requirements of this Agreement, the Improvement Plans or the Improvement Standards, Subdivider shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements or work. If Subdivider fails to act promptly in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before Subdivider can be notified or correct the situation, then City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs within thirty (30) days of the date of billing for such work by City.

11. Securities.

A. Types of Security. City has accepted and approved the Final Map, however, Subdivider expressly agrees that City will not record the Final Map until the following securities are provided (collectively, the “Securities”):
i. Performance Security. An amount determined by the City Engineer to be one hundred percent (100%) of the total estimated Cost of Improvements ( remaining onsite and offsite only), securing Subdivider’s faithful performance and completion of the Improvements, in the form attached hereto as Exhibit C (“Performance Security”). ii. Payment Security. An additional amount determined by the City Engineer to be not less than one hundred percent (100%) of the total estimated Cost of Improvements ( remaining onsite and offsite only), securing Subdivider’s payment to any contractor, subcontractor, person renting or supplying equipment, or furnishing labor and materials related to installing and completing the Improvements, in the form attached hereto as Exhibit D (“Payment Security”).

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

iii. Warranty. An additional amount of ten percent (10%) of the estimated Cost of Improvements, for the guarantee and warranty of the Improvements against any defective work or labor done, or defective materials (offsite and onsite), for a period of one (1) year following their completion and acceptance by City, in the form attached hereto as Exhibit E (“Warranty”). Upon Subdivider’s reasonable request, the Warranty may be posted after the Final Map is accepted but immediately prior to all public improvements being deemed complete and accepted by City.

B. Conditions of Security.
i. Bonds. Any bonds submitted as the Securities shall be executed by a surety company authorized to conduct a surety business in California and shall be in a form as specified by the Subdivision Laws and approved by the City Attorney. ii. Irrevocable. All Securities deposited as bonds under this Agreement shall be irrevocable, shall not be limited as to time (except as to the guarantee and warranty period set forth in Section 11.C.iii below), and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer, as provided under the Subdivision Laws and subdivision C below. All Securities shall expressly obligate the surety for any extension of time authorized by City for Subdivider’s completion of the Improvements, whether or not the surety is given notice of such an extension by City. No change, alteration or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as required by the Subdivision Laws. iii. Replacement. If Subdivider seeks to replace any of the Securities, such replacement shall: (1) comply with all requirements of this Agreement; (2) be provided by Subdivider to the City Engineer; and (3) upon written acceptance by the City Engineer, be deemed to be a part of this Agreement. Upon the City Engineer’s acceptance of any replacement Securities, the earlier provided Securities may be released by City.

C. Release of Securities. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:
i. Performance Security. City shall release or agree to a reduced Performance Security for the Improvements upon City’s acceptance of all dedications or the portions applicable to each Final Map area, in accordance with Section 8, or as may otherwise be authorized in accordance with the Subdivision Map Act (Gov. Code, § 66499.7). ii. Payment Security. City shall release the Payment Security for the Improvements in accordance with the Subdivision Laws. The Payment Security may, six (6) months after the Certificate of Completion is issued by the City Engineer, be reduced to an amount equal to the amount of all claims filed and related to the Improvements of which notice has been given to City. The balance of the Payment Security shall be released upon the settlement of all claims and obligations for which the Payment Security was given.

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

iii. Warranty. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following the issuance of a Certificate of Completion for the Improvements. If, however, the City Engineer determines there are defects in the Improvements that require correction pursuant to Section 10 above, and such defects are not corrected within a reasonable time, the City Engineer shall utilize the Securities to make all necessary corrections, including payment of reasonable expenses and fees and attorney’s fees in connection with enforcement of any provision of this Agreement.

D. Records. Evidence of the Securities required by this Agreement shall be kept on file with the City Clerk. If the City Council or City Engineer gives specific, written approval to replace the Securities by another approved security, such replacement Securities shall be filed with the City Clerk and, upon filing, shall be deemed to be incorporated into this Agreement. Upon filing of replacement Securities with the City Clerk, the replaced Securities may be released.

12. Inspections. All Improvements shall be constructed under the inspection of the City Engineer and his designees (collectively “City Inspectors”). Subdivider shall at all times maintain safe access for inspection of the Improvements. Upon completion of the Improvements Subdivider may request a final inspection by City Inspectors. The City Engineer shall not issue the Certificate of Completion for the Improvements on a Final Map unless Subdivider has completed the Improvements for that Final Map in accordance with the Improvement Plans, Improvement Standards and Subdivision Laws. If the City Engineer determines that the Improvements have been completed in accordance with the Improvement Plans, Improvement Standards and Subdivision Laws, the City Engineer shall certify the completion of the Improvements to the City Council, to accept or reject in their sole discretion. City bears no liability for any costs or expenses resulting from delays in inspections. City Inspectors shall have the right to inspect the Improvements for a period of twelve (12) months after the Certificate of Completion has been issued. Subdivider shall bear all costs of inspection and certification, including but not limited to the direct costs of all third-party inspection agencies and City inspection consultants.

13. Fees. Subdivider shall maintain a deposit account with City in order to pay all costs incurred by City in processing this Agreement, and all fees imposed in connection with the construction and inspection of the Improvements, including but not limited to the costs of any third party City Inspectors. The fees referred to herein are not inclusive of all City fees, charges or other costs that may be imposed on the Subdivision.

14. Default of Subdivider.

A. Breach. Subdivider shall be deemed to have materially breached this Agreement based on, but not limited to, any of the following occurrences: (i) failure to timely complete construction of the Improvements; (ii) failure to timely cure any defect in the Improvements to the satisfaction of the City Engineer; (iii) failure to timely deposit additional Securities as may be required by this Agreement; (iv) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (v) the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in-lieu or in avoidance of foreclosure; or (vi) failure to perform any material obligation under this Agreement.

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

B. Notice of Breach; Default. In the event of any material breach of this Agreement, City may serve written notice upon Subdivider and Subdivider’s surety, if any, of the breach. Subdivider shall have twenty (20) calendar days from receipt of written notice by City to cure any breach. If the breach is not cured, or significant progress towards curing the breach is not made, Subdivider shall be in default.

C. Remedies; Performance by City.
i. In the event the applicable cure period set forth in Section 14.B has expired without such default having been cured or significant progress made, City may thereafter deliver a notice of default to Subdivider and Subdivider’s surety, if any, of the City’s intent to complete the work. If the default remains uncured within twenty (20) calendar days from Subdivider’s receipt of the written notice of default, Subdivider authorizes City to complete all work on the Improvements at the sole expense of Subdivider, and Subdivider authorizes to utilize the Securities to complete all work on the Improvements and to pay all labor costs of contractors, subcontractors and workers related to the Improvements. In the event of default of this Agreement, or abandonment of the Subdivision, City may take over the Improvements and prosecute them to completion, by contract or by any other method City may deem advisable, at the expense of Subdivider, and Subdivider shall be liable to City for any excess cost or damages incurred by City.

In the event City takes over the Improvements or prosecutes the same to completion, City, without liability for so doing, may take possession of, and utilize such materials, appliances, equipment, plant and other property belonging to Subdivider as may be necessary for completion of the Improvements.
ii. City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of City to draw upon or utilize the Securities is additional to and not in-lieu of any other remedy available to City. All remedies are cumulative.
iii. Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the filing by City of a notice of violation against all the lots in the Subdivision or the Final Map as the case may be, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this Subsection is in addition to and not in lieu of other remedies available to City, and is not required to implement other available remedies.

Subdivider agrees that the choice of remedy or remedies for Subdivider’s default shall be at the discretion of City.
iv. In the event that Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including but not limited to costs of suit and attorney’s fees, costs of Improvements in the event of failure of performance, and all administrative costs. Such costs and fees shall be a proper charge against the Securities of Subdivider. v. The failure of City to take an enforcement action with respect to a default or breach, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider.

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

D. Lien. In accordance with the Subdivision Laws (Gov. Code § 66499), the recordation of this Agreement creates a lien attached to the property underlying the Subdivision and has the priority of a judgment lien in the amount necessary to complete the Improvements.

15. Environmental Warranty.

A. For purposes of this Agreement, the terms below have the following meanings:
i. “Environmental Laws” shall mean any federal, state, or local law, rule, regulation administrative or court order, ordinance, regulatory guidance document, standard, or requirements of any government authority regulating, relating to, or imposing liability standards of conduct concerning Hazardous Substances, or that pertains to the protection of human health or the environment, including, but not limited to, the Comprehensive Environmental Response, Conservation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.); the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.); the Clean Water Act (33 U.S.C. §§1251 et seq.); the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.); the Hazardous Materials Transportation Act (29049 U.S.C. § 1801 et seq.); the Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136 et seq.); the Superfund Amendments and Reauthorization Act (42 U.S.C. § 6901 et seq.); the Clean Air Act (42 U.S.C. § 7401 et seq.); the Safe Drinking Water Act (42 U.S.C. § 300f et seq.); the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.); the Surface Mining Control and Reclamation Act (30 U.S.C. § 1201 et seq.); the Occupational Safety and Health Act (29 U.S.C. § 655, 657); the California Underground Storage of Hazardous Substances Act (Health and Safety Code § 25280 et seq.); the California Hazardous Waste Control Act (Health and Safety Code, § 25100 et seq.); the California Safe Drinking Water and Toxic Enforcement Act (Health and Safety Code, § 24249.5 et seq.); and the Porter-Cologne Water Quality Control Act (Water Code, § 13000 et seq.); together with any amendments of or regulations promulgated under the statutes cited above.
ii. “Hazardous Substances” or “Hazardous Substance” shall include any hazardous, toxic or dangerous waste, substance or material, pollutant or contaminant, as so defined under any Environmental Laws or any substance which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, polychlorinated biphenyls (PCBs), radon gas, urea formaldehyde, asbestos, lead, or electromagnetic waves.

Hazardous Substances include any hazardous or toxic substance, material or waste which is regulated by the State of California, the United States government, or any other governmental authority with jurisdiction over the Property. Hazardous Materials include asbestos and any other hazardous waste or substance which has, as of the date hereof, been determined to be hazardous or a pollutant by the U.S. Environmental Protection Agency, the U.S. Department of Transportation, or any instrumentality authorized to regulate substances in the environment which has jurisdiction over the Property which substance causes the Property (or any part thereof) to be in material violation of Environmental Laws.

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

B. Subdivider hereby warrants to City that to the best of Subdivider’s knowledge that, as of the time of dedication and the City Council’s consideration of the Certificate of Completion:
i. Subdivider and the property being dedicated are in compliance with all Environmental Laws and are not subject to any existing, pending or threatened investigation by a federal, state, or local governmental authority regarding violations of Environmental Laws. ii. Subdivider and its third party agents, contractors and subcontractors have not used, generated, manufactured, produced, discharged, or released on, under, or about the property to be dedicated, any Hazardous Substance except in accordance with all applicable Environmental Laws.
iii. Subdivider has not caused or permitted the release or discharge of, and has no knowledge of the release, discharge, or presence of Hazardous Substances on the property to be dedicated or the migration of any Hazardous Substances from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

C. Throughout the term of this Agreement, Subdivider shall give written notice within fifteen (15) days to City of:
i. Any proceeding or investigation by any federal, California, or local governmental authority regarding the presence of Hazardous Substances on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated;
ii. Any claims made or threatened by any third party against City or property to be dedicated regarding any loss or injury resulting from any Hazardous Substances; and
iii. Subdivider’s discovery of any occurrence or condition on any property to be dedicated or any property adjacent to, or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or suit under any Environmental Law.

16. No Agency Relationship. Neither Subdivider nor any of Subdivider’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement.

17. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of City ordinances providing therefore, nor shall anything in this Agreement commit City to any such apportionment.

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

18. Indemnity.

A. Indemnity/Hold Harmless. City, and elected and appointed councils, commissions, officers, agents, employees and representatives of City (“City Agents”) shall not be liable and Subdivider agrees to indemnify, hold harmless and defend City and City Agents from any and all claims, costs, and liability for claims of damage, for any property damage or personal injury, including death, which may arise as a result of any negligent acts or omissions by Subdivider or Subdivider’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation, of the Improvements, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Subdivision and the Improvements as provided herein, and in addition, to injuries to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other Improvements. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for damage covered by this Section. This provision shall survive the termination of this Agreement as it relates to any Final Map for a period of one (1) year following the Certificate of Completion.

B. Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless City and City Agents from any claim, action, or proceeding against City or City Agents to attack, set aside, void, or annul, any approval of City concerning the Subdivision.

Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by Subdivider.

C. Design Defects. After acceptance of the Improvements by City, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by a latent design or construction defect. Provisions of this paragraph shall remain in full force and effect for one (1) year following the City’s Certificate of Completion of the Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or Improvement Work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any Improvement Work. The Security shall not be required to cover the provisions of this section.

D. No City Liability. City shall not be liable for approving, reviewing, checking, or correcting any plans or specifications or for approving, reviewing or inspecting any Improvement Work. Nothing contained in this section is intended to, or shall be deemed to, limit or waive any protections or immunities afforded by law to City or City Agents for the approval of the plan or design of the Improvements, including but not limited to the protections and immunities afforded by Government Code section 830.6.

19. Insurance. Without limiting Subdivider’s duty to indemnify City, Subdivider or Subdivider’s contractor shall maintain in effect throughout this Agreement a policy or policies of insurance with the specifications and limits of liability specified herein.

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

A. Proof of Insurance.
i. Subdivider shall provide to City a properly executed certificate of insurance, in a form satisfactory to the City Attorney for commercial general liability coverage from an insurance provider approved by City and licensed by the California Department of Insurance (“Certificates”).
ii. The Certificates shall provide that such insurance will not be cancelled, reduced in coverage, or allowed to expire without thirty (30) days’ prior written notice to City.

B. Minimum insurance limits. Contractor shall maintain limits no less than:
i. General Liability. Subdivider shall maintain commercial general liability insurance with insurance ratings acceptable to City of not less than A, as shall protect City, City’s Agents, Subdivider, contractors, and subcontractors from claims for damages for personal injury, including death, as well as from claims of property damage which may arise from acts or omissions from Subdivider, contractors, or subcontractors for in relation to this Agreement. The amount of such insurance shall not be less than two million dollars ($2,000,000.00) per occurrence with umbrella liability coverage of not less than two million dollars ($2,000,000.00). Such insurance shall also:

1. Name City and City Agents as insured by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to the above-listed additional insured; and

2. Be primary with respect to any insurance or self-insurance programs covering City and City Agents.
ii. Automotive Liability Insurance. Subdivider shall ensure that all builders and agents of Subdivider maintain automotive liability insurance covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services or performing work under this Agreement for bodily injury and property damage with a limit of not less than two million dollars ($2,000,000.00) for each occurrence. Such insurance shall also:

1. Name City and City Agents as insured by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to the above-listed additional insured; and

2. Be primary with respect to any insurance or self-insurance programs covering City and City Agents.
iii. Worker’s Compensation Insurance.

1. Subdivider represents to City that they have no obligation to maintain worker’s compensation insurance in accordance with California Labor Code section

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

3700, as Subdivider has no employees and does not intend to hire any employees throughout the term of this Agreement.

2. In the event any work is sublet, Subdivider shall require its agents, builders and contractors or subcontractors to provide worker’s compensation insurance, with a limit of not less than one million dollars ($1,000,000.00) per occurrence for employer’s liability for all contractor’s employees or subcontractor’s employees.

3. Pursuant to Labor Code section 1861, by executing this Agreement, Subdivider certifies they are aware of the provisions of Labor Code section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Subdivider will comply with such provisions before commencing the performance of the work of this contract.

20. No Vesting of Rights. Performance of this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

21. Notices. Any notice or communication required hereunder between City and Subdivider must be in writing, and may be given either personally, 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 registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) 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 may at any time, by giving ten (10) days written notice to the other Party, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Patterson
1 Plaza, 2nd Floor
Patterson, CA 95363
Attn: City Manager
With copies to: City of Patterson
1 Plaza, 2nd Floor
Patterson, CA 95363
Attn: City Clerk
and White Brenner, LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attn: Douglas L. White, Esq.

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

If to Subdivider: VOP 2.1, LLC
800 West Doran St.

Glendale, CA 91203
Attention: Alicia Barclay
Email:[email protected]

22. General Provisions:

A. Governing Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.

B. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement, including but not limited to all Improvement Standards, and all federal, State and local labor laws. Subdivider shall, at its expense, be responsible for obtaining all applicable licenses and permits. In the event it is determined that Subdivider is required to pay prevailing wages for work performed under this Agreement, Subdivider shall pay all penalties and wages as required by the applicable law.

C. Nondiscrimination. Subdivider, its agents, employees, contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity or national origin in connection with or related to the performance of this Agreement. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the improvements hereunder.

D. Venue. Venue for any legal proceedings initiated in connection with this Agreement shall be in the Superior Court for the County of Stanislaus.

E. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

F. Waiver. The waiver by either Party 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 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.

G. Approvals by City. Any approval or consent that is to be given by City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

H. Integration. Notwithstanding the provisions of Section 5, above, this Agreement, together with its specific references, attachments and Exhibits, constitute all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the Parties with respect to the construction, installation and warranty of the

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

Improvements. Neither Party shall be liable for any representations made, express or implied, not specifically set forth herein. It is the intention of the Parties that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

I. 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.

J. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.

K. Successors and Assigns – Covenant Running With the Land. Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of City. Notwithstanding the above, all representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all of the Parties, shall be binding upon and inure to the benefit of such Party, its successors and assigns. If assignment is permitted, City in its sole discretion may release Subdivider from its obligations so assigned hereunder, and may release any Securities posted by Subdivider to secure any Improvements so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any Improvements not assigned.

L. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

M. Other Documents. 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 as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.

N. Time is of the Essence. Time is of the essence in this Agreement in each covenant and term and condition herein.

O. Authority. The Parties warrant and represent that they have the power and authority to enter into this Agreement and the names, titles and capacities herein stated on behalf of any entities, persons, states or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with.

P. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting Party shall not apply in construing or interpreting this Agreement.

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

Q. Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement.

R. Attorney Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing Party shall be entitled to an award of reasonable attorney fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

S. Modification; Approvals. This Agreement may be amended only by a written instrument signed by the Parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by Subdivider. Any approval or consent that is to be given by City pursuant to this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

T. Exhibits. All exhibits attached hereto are incorporated into this Agreement:
[Signatures on following page]

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

SUBDIVISION IMPROVEMENT AGREEMENT
VOP 2.1, LLC – Clayton Shire

IN WITNESS WHEREOF, this Agreement has been entered into by and between Subdivider and City as of the above-referenced Effective Date.

SUBDIVIDER:

VOP 2.1, LLC, a California limited liability
company
By:

Name:

Title:

CITY:

CITY OF PATTERSON, a California
municipal corporation:

By:

Ken Irwin, City Manager
ATTEST:

By:

Maricela Vela, City Clerk
APPROVED AS TO FORM:

By:

Nubia Goldstein, City Attorney

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}
California All-Purpose Acknowledgment
State of California )
)
County of )
On , before me , a Notary
Public, 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.
(Signature)
(Seal)
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.

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA)

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

EXHIBIT B
Copy of Final Map

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) OWNER'S STATEMENT CITY CLERK'S STATEMENT TAX COLLECTOR'S STATEMENT SURVEYOR'S STATEMENT CITY ENGINEER'S STATEMENT BEING A SUBDIVISION OF LOT 147 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1 AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, LYING IN SECTION 19, T.5 S., R.8 E., MOUNT DIABLO MERIDIAN CITY OF PATTERSON, COUNTY OF STANISLAUS, STATE OF CALIFORNIA CLAYTON SHIRE Vil ages of Patterson CITY'S SURVEYOR'S STATEMENT R DG GDR ENGINEERING, Inc. COUNTY RECORDER'S STATEMENT NOTARY STATEMENT DO NOT STAMP NOTARY STATEMENT DO NOT STAMP NOTARY STATEMENT DO NOT STAMP CITY MANAGER'S STATEMENT CITY FIRE CHIEF'S STATEMENT CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE PLANNING COMMISSION'S STATEMENT P R E L I M I N A R Y 5.12.b Packet Pg. 84
Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA)

SYCAMORE AVENUE

WALNUT AVENUE MILLWOOD DRIVE

SWEETWOOD
LANE

OAKWOOD LANE

BOGDANICH
WAY R DG GDR ENGINEERING, Inc. LEGEND BASIS OF BEARINGS GENERAL NOTES R GD MESQUITE DRIVE ASHWOOD LANE 70 MONUMENTATION NOTE BEING A SUBDIVISION OF LOT 147 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1 AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, LYING IN SECTION 19, T.5 S., R.8 E., MOUNT DIABLO MERIDIAN CITY OF PATTERSON, COUNTY OF STANISLAUS, STATE OF CALIFORNIA CLAYTON SHIRE Vil ages of Patterson (26 - S - 8) 201 PATTERSON COLONY - SUB TRACT NO. ONE
(04 - M - 40)
202 203 PATTERSON COLONY SUB TRACT NO. ONE (04 - M - 40) LOT 147 WILDING RANCH - UNIT 1 (41 - M - 61) WILDING RANCH - UNIT 2 (43 - M - 35) 80 81 82 83 84 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 87 88 89 90 91 92 93 94 95 96 97 7978 5859 5756 REMAINDER 10.03 ACRES 5.12.b Packet Pg. 85
Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA)

SYCAMORE AVENUE

WALNUT AVENUE

OAKWOOD
LANE 14 11 6 2 15 10 7 3 16 9 8 4
34 35
36 37
38 39
40 41
33 32
31 30
29 28 13 12 5 1
24 25
26 61
62 63 23 20 21 22 LOT "A" 171819
27 LINE TABLE LINE DIRECTION LENGTH CURVE TABLE CURVE RADIUS DELTA LENGTH REMAINDER MILLWOOD DRIVE SYCAMORE AVENUE R GD (26 - S - 8) R DG GDR ENGINEERING, Inc. BEING A SUBDIVISION OF LOT 147 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1 AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, LYING IN SECTION 19, T.5 S., R.8 E., MOUNT DIABLO MERIDIAN CITY OF PATTERSON, COUNTY OF STANISLAUS, STATE OF CALIFORNIA CLAYTON SHIRE Vil ages of Patterson

SWEETWOOD
LANE 1 2 3 4 WILDING RANCH - UNIT 1 (41 - M - 61) 80 81 82 83 84 85 WILDING RANCH - UNIT 1 (41 - M - 61)

HONEYSUCKLE AVENUE

BARNBY LANE
ASHBURY LANE MELFORD DRIVE MONUMENTATION NOTE BEDFORDSHIRE DRIVE 10.03 ACRES SEE SHEET 2 OF 3

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

EXHIBIT C
Performance Bond

KNOW ALL PERSONS BY THESE PRESENTS
That we, _______________________, of ____________________________, hereinafter referred to as the Principal, and __________________________________________________ , hereinafter referred to as the Surety, are hereby held and firmly bound unto __________________________________ of_______________________________, hereinafter the Obligee, in the sum of:

Dollars ($ ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a contract with Obligee, dated ______ day of ________________, 20__ for ________________________________________________.

NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal’s failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted two (2) years after Contractor Default or within two (2) years after the Contractor ceased working or within two (2) years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee.

SIGNED, SEALED, AND DATED this __________ day of ____________________, ______.

Principal:

By:

Name:

Title:

Surety:

By:

Name:

Title:
(SURETY’S SEAL)

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

EXHIBIT D
Payment Bond

KNOW ALL PERSONS BY THESE PRESENTS
That we, _______________________, of ____________________________, hereinafter referred to as the Principal, and __________________________________________________ , hereinafter referred to as the Surety, are hereby held and firmly bound unto __________________________________ of_______________________________, hereinafter the Obligee, in the sum of:

Dollars ($ ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has entered into a contract with Obligee, dated ______ day of ________________, 20__ for ________________________________________________.

NOW, THEREFORE, if the Principal shall, in accordance with applicable Statues, promptly make payments to all persons supplying labor and material in the prosecution of the work provided for in said contract, any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

No suit or action shall be commenced hereunder
(a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
(b) Other than in state court of competent jurisdiction in and for the county of other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.

The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.

SIGNED, SEALED, AND DATED this __________ day of ____________________, ______.

Principal:

By:

Name:

Title:

Surety:

By:

Name:

Title:
(SURETY’S SEAL)

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) {CW102591.1}

EXHIBIT E
Warranty Bond

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Attachment: Subdivision Improvement Agreement Clayton - Revised (Resolution No. 2022-07 Clayton Shire Phase-1 Final Map & SIA) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Juliene Flanders, Recreation & Community Services Director MEETING DATE: February 15, 2022
ITEM NO: 5.13
SUBJECT: Support a sponsorship to the Love Patterson 2022 Event in the amount of $2,500.

RECOMMENDATION
Motion to Support a Sponsorship to the Love Patterson 2022 Event in the amount of $2,500.

BACKGROUND
Love Patterson is a new event this year to bring community members to come together to do community projects to show pride in our community. Working alongside LOVE Stanislaus.

This event is fully funded by local residents, businesses and organizations.

ANALYSIS
The City of Patterson Recreation Department along with other community groups are meeting with LOVE Patterson members to develop a community cleanup day, that coordinates with all other LOVE events in Stanislaus County on April 30th.

FISCAL IMPACT
This event can be funded for the $2,500 request, through the City Promotional Fund 100-120- 6607

5.13 Packet Pg. 90
L ve
Patterson
2022

SPONSORSHIP
Love Patterson is fully funded through
generous donations from local
businesses, organizations and residents
who believe in loving their community!
We believe that a city that knows its
neighbors, serves together, and supports
their local businesses is a better city!
Are you part of a local buisness or
organization who wants to tangibly
support their local parks, schools, nonprofits and other residents? If so, please partner with us for Love Patterson!
Citywide event is April 30th
Sponsorship deadline is March 30th
LovePatterson.com
Logo on rally sign
Logo on event shirts
Website advertisement
Social media appreciation
Rally recognition
Booth at event
Logo on flyer

PLATINUM
GOLD
SILVER
BRONZE

IN - KIND
Logo on event shirts
Website advertisement
Social media appreciation
Rally recognition
Booth at event
Logo on flyer
Logo on event shirts
Website advertisement
Social media appreciation
Booth at event
Logo on flyer
Website advertisement
Social media appreciation
Logo on flyer
Donated supplies, materials, products, or
services welcomed. Your business or
organization would receive the promotion
equal to the dollar value of your in kind
contribution. In kind contributions could
include but are not limited to: paint, plants,
landscaping supplies, tools, food, water,
rentals, printing, etc.
$
2 K
+
$
1 K
$
5 0
0 $
2 5
0 +
YES!
I would like to
sponsor this
event:

PLATINUM $2000+
GOLD $1000
SILVER $500
BRONZE $250
In - Kind
Organization Name & Contact Person
Address/City/Zip
Phone # and Email
__ Credit Card __ Check __ In Kind
CC Name on Card Exp Date
CC Number CW

5.13.a
Packet Pg. 91
Attachment: Love Patterson Sponsorship Form (Love Patterson Event) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Dennis McCord, Mayor
MEETING DATE: February 15, 2022
ITEM NO: 6.1
SUBJECT: Proclamation - National African American History Month (February 2022) - Mayor McCord

RECOMMENDATION
This item is informational. No action needed.

6.1 Packet Pg. 92

Proclamation

NATIONAL AFRICAN AMERICAN

HISTORY MONTH
“February 2022”

WHEREAS, as we celebrate National African American History Month, we recognize the heritage and achievements of African Americans. The contributions African Americans have made and continue to make are an integral part of our society, and the history of African Americans exemplifies the resilience and innovative spirit that continue to make our City and Nation great; and WHEREAS, for generations, African Americans have embodied the shared progress of our City and Nation. Through toil and struggle and with courageous actions that have broken barriers, they have made our City and Nation a better place to live and work for everybody. Women like Katherine Johnson, a pioneer in space history whose work helped America win the Space Race, and Madam C.J. Walker, who became one of the most successful female entrepreneurs of her time, paved the way for both women and African Americans in their respective fields. Robert Smalls, a man born into slavery, founded our Nation's first free and compulsory public school system. Later in life, he served as a lawmaker in South Carolina's State legislature and the U.S. House of Representatives. The strength and determination of men and women like these remind us that our City and Nation brims with people whose contributions continue to make it stronger and better; and WHEREAS, this year, African American History Month calls upon us to reflect on the crucial role of migration in the history of African Americans. Such migrations gave way to a more diverse and stratified interracial and intra-racial urban population amid a changing social environment, such as the rise of the Garvey movement in New York, Detroit and New Orleans; the emergence of both black industrial workers and black entrepreneurs; the growing number and variety of urban churches and new religions; new music forms like ragtime, blues, and jazz; the blossoming of visual and literary arts, as in New York, Washington D.C., Chicago, and Paris in the 1910s and 1920s. It reminds us of the importance of teaching and reflecting upon the many roles African Americans have played in building this Nation and driving it forward; and WHEREAS, as we journey toward a stronger, more united City and Nation, let us use this commemoration of African American History Month to serve as a reminder of the need for meaningful dialogue and shared commitment to collective action that uplifts and empowers, as well as of the strength, ingenuity, and perseverance required of us in the years to come.

NOW, THEREFORE, BE IT RESOLVED that I Dennis McCord, by virtue of authority vested in me as Mayor of the City of Patterson, California, do hereby officially proclaim “February 2022” as National African American History Month. I call upon public officials, educators, librarians, and all the people of this City and Nation to observe this month with appropriate programs, ceremonies and activities.

IN WITNESS HEREOF, I have hereunto set my hand and caused the Seal of the City of Patterson to be affixed this 15
th day of February 2022.
__________________________
Dennis McCord
Mayor

6.1.a
Packet Pg. 93
Attachment: National African American Month - Feb. 2022 (Feb. 15, 2022) (Proclamation - National African American History Month (February 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: February 15, 2022
ITEM NO: 7.1
SUBJECT: Authorize Mistletoe Abatement; Authorize Staff to Enter into a Small Value Contract with the Contractor Selected to Abate the Mistletoe; and Authorize Staff to Bill the Property Owners (Resolution No. 2022-05) Clean Up Process.

RECOMMENDATION
Motion to Authorize Mistletoe Abatement; Authorize Staff to Enter into a Small Value Contract with the Contractor Selected to Abate the Mistletoe; and Authorize Staff to Bill the Property Owners (Resolution No. 2022-05) Clean Up Process.

BACKGROUND
Mistletoe abatement is an annual process that the City goes through (per Ordinance 174) to help protect the life of our community’s trees. Mistletoe is a parasite that grows on trees that can easily be transferred by birds from one tree to the other. Every year the City crews remove the mistletoe from all City street trees and perform a survey of all properties in the City to spot any Mistletoe on private trees.

ANALYSIS
The item is an abatement of Mistletoe at the attached locations. Staff is requesting authorization from the City Council to abate the Mistletoe at the addresses listed (see Exhibit “A” attached.) A revised list will be provided prior to the City Council meeting.

After the survey is completed all property owners are notified by mail that the Mistletoe needs to be removed from their trees. Letters to all property owners were sent out on December 22, 2021 in which they were given a deadline of February 4, 2022. This letter also informs the residents

7.1 Packet Pg. 94
that the City will abate the Mistletoe at their expense if it is not removed by the specified deadline.

Staff is requesting approval from the City Council for the abatement. Once approved staff will obtain bids from contractors for the removal and proceed with award of the contract to the lowest responsible bidder and bill all costs incurred to the property owners.

FISCAL IMPACT
There is not cost associated with this item.

7.1 Packet Pg. 95
RESOLUTION NO. 2022-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON,

AUTHORIZING THE ABATEMENT OF MISTLETOE
WHEREAS, the Public Works Director of the City of Patterson has reported mistletoe located and existing on properties in the City of Patterson in violation of Ordinance Nos. 174, 243, 704 of the City of Patterson, a description of said properties being attached hereto as Exhibit “A”; and
WHEREAS, the Public Works Director of the City of Patterson caused Notice to be mailed to the owner of the subject property as in said Ordinance Nos. 174, 243, 704, giving notice to abate said mistletoe and setting a time and place for hearing objections to be proposed abatement; and
WHEREAS, said hearing was held on the 15
th day of February 2022, as in said Notices
provided; and
WHEREAS, no objections to the proposed abatement were received at said hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson that said City Council finds that a mistletoe condition exists in said properties located within the City, said properties being in violation of Ordinance Nos. 174, 243, 704 of the City of Patterson; that a description of said properties being attached hereto as Exhibit “A”.

The foregoing resolution was passed by the City Council at a regular meeting held on the 15 th day of February 2022, by , who moved its adoption, which motion was duly seconded by , and the resolution adopted by the following roll call vote:

AYES:

NOES:

EXCUSED:

APPROVED:

Dennis McCord
Mayor of the City of Patterson
Attest:

Aracely Alegre
City Clerk of the City of Patterson

7.1.a
Packet Pg. 96
Attachment: Resolution No. 2022-05 Mistletoe Abatement (Clean Up Process) (Authorize Mistletoe Abatement & Authorize Small Value I hereby certify that the foregoing is a full, correct, and true copy of a resolution 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 15 th day of February 2022, and I
further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATED:

City Clerk of the City of Patterson

7.1.a
Packet Pg. 97
Attachment: Resolution No. 2022-05 Mistletoe Abatement (Clean Up Process) (Authorize Mistletoe Abatement & Authorize Small Value Misteltoe Survey 2022
Removed Number Address Property Owner 1 Property Owner 2 Mailing Address City, State & Zip APN Occupant Letter Notes 895 Madrone Esther Garrett Hamilton 1370 E Street Fresno, CA 93706 131-025-020-000 Yes Mistletoe is still on private tree 719 N 4th Street Eric Goss Kathryn 17263 Locust Ave Patterson, CA 95363 047-023-023-000 Yes Mistletoe is still on private tree 259 Finster Street Alberto Fletes 259 Finster Street Patterson, CA 95363 047-049-010-000 Yes Mistletoe is still on private tree 200 Leverton Ignacio Reynoso Piedad Reynoso 200 Leverton Dr Patterson, CA 95363 047-041-051-000 Yes Mistletoe is still on private tree 224 Leverton Maria Balcazar 224 Leverton Dr Patterson, CA 95363 047-041-057-000 Yes Mistletoe is still on private tree 504 Demsey Ct Marcus I Jr & Enriqueta Morellon 504 Demsey Ct Patterson, CA 95363 047-050-061-000 No Mistletoe is still on private tree

7.1.b
Packet Pg. 98
Attachment: Exhibit A - Mistletoe Survey 2022 (Authorize Mistletoe Abatement & Authorize Small Value

DEPARTMENT OF PUBLIC WORKS
Michael Willett, MPA, PWLF
Public Works Director
Robert Andrade
Deputy Director - Operations & Maintenance
Sonia Delgado, QSP, CESSWI
Deputy Director - Administrative Services & Regulatory Compliance City Hall: 1 Plaza, Patterson, CA 95363 ● Phone: (209) 895-8060 Corporation Yard: 16215 Baldwin Road, Patterson, CA 95363 ● Phone: (209) 895-8160 Water Quality Control Facility: 14901 Poplar Avenue, Patterson, CA 95363 ● Phone: (209) 895-8150 Email Address: www.ci.patterson.ca.us

MISTLETOE FACT SHEET
What is Mistletoe?
Mistletoe is not just for Christmas time. Mistletoe is a parasite that attaches itself to trees for survival. Mistletoe will live off the nutrients of the tree, without those nutrients, mistletoe would die. Mistletoe is spread by birds. the birds eat the mistletoe berries and the seeds are transported and spread through bird droppings.

How to Remove Mistletoe?
The city recommends that a certified Arborist remove the mistletoe. Landscape companies can assist with mistletoe removal. For a list of companies that the city has utilized in the past for this service, please contact Public Works.

Why is this important?
The city is a “Tree City USA” and its annual abatement process is important to help keep trees healthy and free of mistletoe. This requires a survey of all private trees during the months of November and December. If mistletoe is found, property owners are given time to remove the mistletoe before the City Council abates the mistletoe and the property is billed for the removal. If you have any questions, please contact Sylvia Naranjo at (209) 895-8062 or via email at [email protected]
Mistletoe Picture for your reference.

7.1.c
Packet Pg. 99
Attachment: What is Mistletoe Fact Sheet (1) (Authorize Mistletoe Abatement & Authorize Small Value Contract) DEPARTMENT OF PUBLIC WORKS
Michael Willett, MPA, PWLF
Public Works Director
Robert Andrade
Deputy Director ‐ Operations & Maintenance
Sonia Delgado, QSP, CESSWI
Deputy Director ‐ Administrative Services & Regulatory Compliance City Hall: 1 Plaza, Patterson, CA 95363 ● Phone: (209) 895‐8060 Corporation Yard: 16215 Baldwin Road, Patterson, CA 95363 ● Phone: (209) 895‐8160 Water Quality Control Facility: 14901 Poplar Avenue, Patterson, CA 95363 ● Phone: (209) 895‐8150 Email Address:  www.ci.patterson.ca.us
December 22, 2021
Owner Name
Second Owner Name
Mailing Address for Property
City, State & Zip
NOTICE
For properties located at: Property Address Patterson, CA 95363 APN: 000-000-000-000
The city has completed its annual mistletoe abatement process in an effort, to keep City trees healthy.

The abatement process requires a survey of private trees during the months of December and January. If mistletoe is found, property owners are given time to remove the mistletoe prior to City Council approving abatement the mistletoe and the property is billed for the removal. City ordinance No. 174, states that “every owner of real property within the corporate limits of the City shall keep such real property free and clear of all mistletoe.”
Please be advised that a private tree(s) on this property has been identified as having mistletoe.

Therefore, please have the mistletoe removed by:

FRIDAY, FEBRUARY 4, 2022
Failure of the owner of any real property in the City of Patterson, or the occupant thereof, to remove or destroy such mistletoe, will result in removal by other means and expenses incurred will be sent to the owner(s) of the property. On Friday, February 11, 2022 the final survey will be performed and the final list will be submitted to Council on Tuesday, February 15, 2022 at 7:00 p.m., and the City Council will consider the abatement of any mistletoe remaining on this property.

Please note, that the city is also in the process of removing the mistletoe from all city-owned trees. If you have any questions, please feel free to contact Sylvia Naranjo at (209) 895-8062 or by email at [email protected]. Attached is information on mistletoe and an example of what it looks like.

Thank you in advance for your cooperation.

Sincerely,
`|~x j|ÄÄxàà
Mike Willett
Director of Public Works
Attachment: Mistletoe Fact Sheeet

7.1.d
Packet Pg. 100 Attachment: Example Letter (Authorize Mistletoe Abatement & Authorize Small Value Contract) 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: February 15, 2022
ITEM NO: 8.1
SUBJECT: Review and Approve City Council's Unified Statement Regarding Alleged Misconduct of an Elected Official.

RECOMMENDATION
Review and Approve City Council's Unified Statement Regarding City Alleged Misconduct of an Elected Official.

BACKGROUND/ANALYSIS
During the February 1, 2022 City Council meeting, the City Council received public comments and considered options to address allegations of inappropriate conduct by Mayor Dennis McCord (the “Allegations”). During the City Council meeting, the City Council directed staff to prepare a unified statement that reflects the sentiments of the City Council, as a whole, regarding the Allegations (the “Unified Statement”). Staff has prepared the Unified Statement for the City Council consideration. As requested during the City Council meeting, the Unified Statement is a compilation of the statements made by City Councilmembers during the City Council meeting.

FISCAL IMPACTS
There is no fiscal impact.

ENVIRONMENTAL:

Approving the Unified Statement is not a “project” under the California Environmental Quality Control Act. (Pub. Resources Code, § 21065.)

8.1 Packet Pg. 101

ALTERNATIVE ACTIONS

1. Approve the Unified Statement with any revisions by the City Council;

2. Continue the item for later consideration of the City Council with direction to staff for additional analysis; or

3. Reject the Unified Statement.

ATTACHMENTS
The Unified Statement

8.1 Packet Pg. 102
{CW111642.3}

PATTERSON CITY COUNCIL PUBLIC STATEMENT REGARDING ALLEGATIONS

OF INAPPROPRIATE CONDUCT BY MAYOR MCCORD
At the February 1st City Council meeting, the Patterson City Council conducted a public hearing to consider possible actions concerning the allegations of inappropriate conduct by Mayor Dennis McCord and to hear from concerned Patterson residents on this item.

The City Council finds the allegations against the Mayor serious and troubling. The protection of children is a fundamental City value. The City Council does not condone any type of inappropriate conduct with a minor, including inappropriate communications with a minor. Such conduct runs counter to City values. However, the allegations are currently part of disciplinary action in a personnel matter being conducted by the Patterson Joint Unified School District. The school district’s internal personnel investigation has not concluded. The City Council’s knowledge of the details of the allegations are limited as the school district’s personnel matters are confidential. The information available to the City Council regarding the details of the allegations are only what is available to the public and reported in the media. The City Council believes the appropriate authorities are handing this matter and for that reason the City Council will refrain from reaching any conclusions concerning matters that are not within the City’s jurisdiction to address. The City Council will continue to monitor the matter and will consider its options as more information becomes available.

City residents are entitled to a City government led by officials with the highest levels of integrity, respect and personal behavior. City government can only be effective if it has the public‘s confidence. The City Council takes all comments and concerns from members of the public very seriously. The allegations have placed the Mayor under a cloud of suspicion and diminished public confidence in City government. This matter has been a distraction to the effective conduct of City business.

Until any disciplinary proceedings are concluded or legal action is taken by the appropriate authorities, the City Council must return to effectively conducting City business. The City Council’s focus must be on improving the City. The City Council urges the Mayor to carefully reflect on the public outcry regarding the allegations, the loss of the

8.1.a
Packet Pg. 103 Attachment: 2022.02.02 City Council Statement Regarding Elected Official Misconduct (CW111642-3xDCB25) (City Council's Unified Statement {CW111642.3}
public’s trust and the numerous requests for his resignation. City residents have the right to expect highest level of integrity, respect and personal behavior of its elected officials. ###

8.1.a
Packet Pg. 104 Attachment: 2022.02.02 City Council Statement Regarding Elected Official Misconduct (CW111642-3xDCB25) (City Council's Unified Statement 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: February 15, 2022
ITEM NO: 9.A.1
SUBJECT: Motion to Appoint/Reappoint Two (2) Members to the Senior Center Board of Directors.

RECOMMENDATION
Motion to Appoint/Reappoint Two (2) Members to the Senior Center Board of Directors.

BACKGROUND
The following applications were received and hereto attached:

1. Catherine Ferreira

2. Lorin Buhler

9.A.1
Packet Pg. 105
Af oI
Clty Cterk's Offrc€
Dat€ Recetved
Commission/Commi
lnldels
Application for Appointment or Reappointment
p-3-aa
(This is a Public Record Subject to Disclosure)
Name of Com mission/Com m ittee/Boa rd i-iet n., nrr, ' !>glr c,, (a.,rtnr -
Appolntment X Rea PPointment
C
l\l e ilin o Arldrp<< CitY--
Name of Applica nt C.t
Residence Street Address
tmail nddress
t- .r, \t-rt^q_
City i ,.tt.vr<o., zip(i'5?*r3
7ip
Phone (home)----'- {cell
Length of time at residence
E m ployer'iVt C ? C
Expe rience or Specia I Know edge Perta in ing to Area of lnterest ti te Lr {C ,J ,'5
Employment Expe rience
\,i c ';
Organization, Cornmunity and/or Public Service Experience c! \)
,)
\-(, .&tY\
Education (high school, coliege, trade school or training) Note: There ls no sp ecific educational requirement
U.r '; lL-rDo you have any financial or professional interest or assoc;ation related to this position? -Yes
X ruo
lf yes, please expla in
rx n
(wo rk )

9.A.1.a
Packet Pg. 106 Attachment: Senior Center Board of Directors (2) Applications_Redacted (Senior Center Board of Directors Appointment) 2 3
When are you available to attend this commission/com m ittee/boa rd regular and/or special meetings? .-x\;ril
-
I1 --.! !.r !!.-j .^!^,^^-^. ii irt:c icrcitsiiLc'5 v'vrLir rereiiiiUite iiuiitOer 5 t. \)r-\,.l.i P-\ etr{- Prrone
(,' ler ptron
\3c..I)\b Fhone
A resume containing other pertinent information about yourself would be helpful to the City Council in eva luating your appiication (Optional).

AODI I'ATtr\AI
'EDTI
EI' ATI ,.lNI. DI EACE DEAT'T uLLvvv rrE rLrnE Jtlltt t\J.

I Ce!'t,+v Lhat the statpman'( mrda hv ao in thi< rn.l;."ri^n 1r^ r.!,. ^^mh!a+6 .^,..1 .^'r-.r r^ +h- LU iii- !<>L Ui i i,' knowledge and belief. i understand that statements made are subject to verification and that any misrepresentation, I-r,,1 ^- .+j(.'^- -{ -it..;., .-.+. n^., -^-i,r+ i^ -!^-i-t ^, . oL!r, Lo y, -^-^:-r- c5i,r,t ri. Lrtsr iidi ui dfjijuiiriiiieitLl iedppoiitiilteFL I hereby authorize representatives ofthe City of Patterson to contact organizations {including employers and schools) and individuals listed, for the purpose of establishing or verifying my qualifications and work history in connection \,vith this application. I understand and acknowledge that such information will be used confidentialh/ and for the purpose of appointment/reappointment decisions only.

I understand and hereby acceDt that if the City Council of the City of Patterson appoints/reappoints me to a City of Patterson Com rnission/com mittee/Board, lwill serve without oav and will be sub.iect to the filings of the Fa jr political Practices Commisstan lstatement ol Economic lnterest, Form 7OO\. I herebrT further understand and accept that per City OrCinance No.718, if lam a ppointe d/rea ppointed, I will be required to pass a Department ofJustice (DOJ) fingerprint (background) test.

Date Signature t-arr*,,^,r'...,. 5o,*.*,-,
File this application with The City Clerk of the City of Patterson P.C. Box 667
1 Plaza, 2rrd Floor
Patterson, CA 95363
'y'/eb Site www.ci. patterson.ca.us Emaii cie rk cl tterson.ca Direct No. (209) 895-8014
{The City Clerk's Office will keep your appJication on file for one (1) year from the date stamped received)

9.A.1.a
Packet Pg. 107 Attachment: Senior Center Board of Directors (2) Applications_Redacted (Senior Center Board of Directors Appointment) Commission/Commt BB
.ct: t3
Application for Appointment or Reappointment
(This is a Public Record Sub.ject to Disclosure)
€lty Clerk's Office
ps6pscetwd i-3U-&3
AlA
S 1<gO-tl \/r\ Name of Com m ission/Com m ittee/Boa rd 5 E,'t ro Name of Applica nt
Reslde nce Street Address
Mailing Acid ress
Email Add ress
Phone {hom (work)
$fltiaot time at residence / D k Ffi R g
City lip
City r-i" A- 7ip
9;3e=
V€>tL,L
Employer :f
Experience or Special Knowledge Pertalning to Area of lnterest f
'f/,<
Emp yment Expe rience
Ac-ro
lo ie
Orga n ization, Comm unity a nd/or Pu blic Service Expe rien ce u-S F€I< qc*Z't o
Education (high school, college, trade schooi or training) Noter There ls no speclfic educationa requirement tl22t"0 //1 or< Q*LL/]68 Do you have any financial or professional interest or association related to this position? -Ves
X ruo
lf yes, p lea se expla in
l*
-
Appointment X Rea PPointment

9.A.1.a
Packet Pg. 108 Attachment: Senior Center Board of Directors (2) Applications_Redacted (Senior Center Board of Directors Appointment) When are you available to attend this corrr rrrission/comm ittee/boa rd reguiar and/or speciai meetings? vvi(,'LEreprullE l,u, r uc,5
1 o Fo
2 3
Phone
Phone
Phone
A resume containing other pertinent information about yourself would be helpful to the CitV Council in eva luating your application (Optionai).

I rprtif\/ th.rt thp ct:tpmont< m:da hv mo in thi< r^hli.,ti^h ).^ tttt6 .^m-.t6td 1-A.^rt^.r r^ rh- ha"+ ^f -.. rv !rrr wLrr vr r.r y knowledge and belief. I understand that statements made are subject to verification and that any misrepresentation, l.-,,A ^. -*,"",^^ ^! --+^,;-r 'otL J 'r'oy wr dppL,ri r rErrr/rcdppur'rLr c,rr.

I hereby authorize representatives of the City of Patte!'son to contact organizations (,ncluding employers and schools) and individuals listed, for the purpose of establishing or verifying my qualifications and work history in connection with this application. I understand and acknowledge that such information will be used confidentially and fcr. the pur-pose of appointment/reappointment decisions only.

I understand and he!'eby acceot that if the City Council of the City of patterson appoints,i reappcints rne to a City of Patterson Com mission,/Com nrittee/Board, I will serve without pav and wrll be subject to the fi{ings of the Fair political Practices Commisston lstdtement of Economic lnterest, Form 7OO). lherebli further understand and accept that per City OrCinance No. 718, if I am a ppointed/rea ppo inted, I will be required to pass a Department of justice iDOj) fingerprint (background) test.

D ate 5ig natu r
File this appiication with The City Clerk of the City of Patterson P.O. Box 667
'1, Plaza,2!tC Floor
Patterson, CA 95363
vvcu J]le www.Ll atterson.ca.us Emaii [email protected] ,CA.US Direct No. (209) 895 8014
(The City Clerk's office will keep your application on file for one (1) year from the date stamped received) A DDI !'ATI'1I\I
'EOTI
EI' ATt/'1AI. OI EA<E DEA6 OC!
'!!TJ
E!TE..r DE

9.A.1.a
Packet Pg. 109 Attachment: Senior Center Board of Directors (2) Applications_Redacted (Senior Center Board of Directors Appointment)