Patterson City Council
June 21, 2022

City of Patterson Page 1 Updated 6/16/2022 3:20 PM
Agenda
City of Patterson
City Council Regular Meeting
June 21, 2022
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
To minimize the spread of the COVID-19 virus, this hybrid meeting will be held in accordance with certain requirements of the Ralph M. Brown Act, Patterson City Council Resolution No. 2022-22, and the Federal Americans with Disabilities Act. If you would like to attend the Council meeting in person, it is strongly recommended to wear a face covering and maintain appropriate social distancing.

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING IN PERSON OR 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 6/16/2022 3:20 PM
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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 step to the podium, or if using the zoom app 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 may place the 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 Regular Meeting - May 17, 2022 (7:00 PM)

5.3. Approve Minutes of Workshop - May 31, 2022 (6:00 PM)

5.4. Approve Resolution No. 2022-31 Approving a Deferred Improvement Agreement with Imelda Ruiz for 125 Poppy Avenue, Authorizing the City Manager to Execute the Agreement, and Authorizing the City Clerk to Record the Deferred Improvement Agreement.

5.5. Authorize the Purchase in the amount of $141,448; Award Contract to Custom Truck One Source for a Bucket Chipper Combo Truck; and Approve a Budget Adjustment in the amount of $11,448.

5.6. Approval of 5-Year Uniform Services Contract Extension with Aramark Uniform Services, starting July 1, 2022 through June 30, 2027.

City of Patterson Page 3 Updated 6/16/2022 3:20 PM

5.7. Adopt Resolution No. 2022-34, Calling for a City Election and Requesting from the Stanislaus County Board of Supervisors to Consolidate the City of Patterson's Election for Districts B and D (4-Year Full Terms) and Mayor-at-Large (2- Year Full Term) with the November Gubernatorial General Election to be held on November 8, 2022, Requesting the Services of the Stanislaus County Registrar of Voters, Elections Division to Conduct the Election on Behalf of the City of Patterson.

5.8. Accept all bids for the Well Site No. 14 Production Well Project, award construction to Conco West, Inc., authorize Staff to execute the Contract and approve all other documents.

5.9. Approve Resolution No. 2022-35, Approving a list of projects to be funded with Senate Bill (SB) 1 “The Road Repair and Accounting Act of 2017” and incorporate the List of Projects to appropriate revenues and expenditures in the Fiscal Year 2022-23 budget.

5.10. Approve Resolution No. 2022-36, Accepting as complete, the Patterson Aquatic Center Pool Resurfacing Project: located at 1025 W Las Palmas Ave, Patterson, Authorizing Staff to File the Notice of Completion and Commence the One-Year Warranty Period.

5.11. Approve Resolution No. 2022-37 Approving the Subdivision Improvement Agreement and to Accept Final Maps for the Baldwin Ranch North Subdivision Located in the West Patterson Business Park Master Development Plan.

5.12. Approve Resolution No. 2022-39 Setting the Appropriations Limit for Fiscal Year 2022-23.

5.13. Adoption of Resolution Nos. 2022-40 and 2022-41 Authorizing the City Manager to Execute a One-Year and a Three-Year Consortium Agreement with Stanislaus County for Participation in the HOME Investment Partnership Program administered by the U.S. Department of Housing and Urban Development (H.U.D.)

5.14. Adopt of Resolution No. 2022-42 Authorizing the City Manager to Execute a Cooperation Agreement between the County of Stanislaus and the City of Patterson for Joint Participation in the Community Development Block Grant Program.

5.15. Approve Street Closure for Patterson FDES Festa Parade on June 25 & 26, 2022.

5.16. Adopt Resolution No. 2022-47, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

6. Presentation

6.1. Proclamation - Society for disABILITIES Celebrating 75 Years and Disabilities Awareness Month "June 2022" (Mayor McCord)
City of Patterson Page 4 Updated 6/16/2022 3:20 PM
- Ana Kanbara, Director of Operations at Society for disABILITIES will accept the proclamation.

7. Presentation/Action Item

7.1. Code Enforcement - Authorize Staff to abate Public Nuisances at 701 W. Las Palmas Ave., 15601 S 9th St. and 606 Beck Creek Ln. by demoing and/or securing the buildings, removing weeds, dirt, rubbish, and other rank growth as required pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704, as defined in Chapter 6.16 of the Patterson Municipal Code-Property Maintenance; Authorize Staff to begin bid process (Resolution No. 2022-32) Clean-Up Process.

Staff Report: Senior Code Enforcement Officer Gomez
Mayor: Open/Close Item to Public Comment
Council: Approve Resolution No. 2022-32

8. Public Hearing

8.1. Public Works Department - Hold Public Hearing, Receive Public Comments Pursuant Prop 218 Requirements; Consider any Protests Regarding the Proposed Water Rate Increases in Accordance with Prop 218; and Approve Resolution No. 2022-43 Declaring the Results of the Noticed Protest Proceedings and Adopting a Five-Year Schedule of Water Rate Adjustments.

Staff Report: Public Works Director Willett
Mayor: Open/Close the Public Hearing
Council: Motion to Approve Resolution No. 2022-43

8.2. Public Works Department - Hold the Public Hearing, Take Public Comment, and Approve the Resolutions (Nos. 2022-44, 2022-45, 2022-46) Ordering the Levy and Collection of Assessments for the City’s Benefit Assessment Districts (BADs), Landscape Maintenance Districts (LMDs), and CSA No. 15 for Fiscal Year 2022/23.

Staff Report: Public Works Director Willett
Mayor: Open/Close the Public Hearing
Council: Motion to Approve Resolution Nos. 2022-44, 2022-45 and 2022-46

9. City Staff Reports

9.1. City Attorney - Review and Approve a Resolution No. 2022-33 Regarding Invocations at City Council meetings.

City of Patterson Page 5 Updated 6/16/2022 3:20 PM
Staff Report: City Attorney Goldstein
Council: Motion to Approve Resolution No. 2022-33

9.2. Finance - Approve Resolution No. 2022-28, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Establish a Community Facilities District (CFD) No. 2022-01 (Public Safety Services) and Designate a Future Annexation Area.

Staff Report: Finance Director Ryan
Council: Approve Resolution No. 2022-28

9.3. Finance - Approve Resolution No. 2022-38 Adopting General Fund and All Other Funds Budgets for Fiscal Year 2022-2023.

Staff Report: Finance Director Ryan
Council: Motion to Approve Resolution No. 2022-38

10. City Council Reports
A. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) B. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) C. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
E. Mayor McCord
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
City of Patterson Page 6 Updated 6/16/2022 3:20 PM
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)

11. Other Matters

12. 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 June 16, 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 6/2/2022 12:53 PM
City Of Patterson
Regular Meeting Minutes
May 17, 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 Excused
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
The regular meeting of the City Council of the City of Patterson of May 17, 2022 was called to order in the City of Patterson at 7:00 p.m. by Mayor McCord.

1. City Manager Irwin

2. City Attorney Goldstein

3. Fire Chief Gregory

4. Senior Code Enforcement Officer Gomez

5. IT Manager Ford

6. Human Resources Director Gillory Jones

7. Interim Community Development Director Andrews

8. Public Works Director Willett

9. Deputy Darron

10. Finance Director Ryan

11. City Engineer Ulloa

12. Recreation & Community Services Director Flanders

12. City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict
None.

5.2 Packet Pg. 7
Minutes Acceptance: Minutes of May 17, 2022 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 6/2/2022 12:53 PM

4. Items from the Public
Rita Muller, Patterson Resident - addressed City Council regarding reimbursement and problem with sewer lines; also thanked Public Works Director Willett and City Manager Irwin for meeting with her.

Yvonne Reynolds, Patterson Resident - addressed City Council to thank City Manager Irwin for the replacement of downtown banners. Also requested community input on future banners.

Adriana Corona Duran, Patterson Resident and PACE member - addressed City Council regarding mitigation agreement with developers, would like to see continued work between council with school district.

Pat Maisetti, Patterson Resident - addressed City Council regarding educating members of the public regarding developers and school district fees.

Dale Torres, Patterson Resident - addressed City Council regarding morality of cannabis lounges, not moral issue of individual council members. Cannabis lounges promoting drug use and the direct profit from drugs.

Kandace Weyhrauch, Patterson Resident - addressed City Council regarding Mayor McCord, issue being ignored by council and city manager. Asking for censure.

Troy McComak, Patterson Resident - addressed City Council regarding Mayor McCord.

Stewart Walker, Patterson Resident - addressed City Council regarding Sperry Avenue over railroad tracks, no traffic lights and potholes. Also stated that the City's morals have decreased. Encouraged citizens to know who you are voting for by doing research. Also addressed Mayor McCord issue.

5. Consent Calendar
Dale Torres, Patterson Resident requested to pull Item 5.8 for discussion.

Dale Torres, Patterson Resident - addressed the City Council questioning the need for the resolution. Also asked to know who the assistant to the director of emergency services is.

Tim Benefield, Patterson Resident - addressed City Council regarding questions being ignored by council, no representation from government, also stated there is no state of emergency.

Troy McComak, Patterson Resident - addressed City Council in support of being able to call in, passing resolution will hurt people.

Kandace Weyhrauch, Patterson Resident - addressed City Council regarding the Director of Emergency services assistant and not being listened to by council.

Mayor Pro Tem Farinha addressed item 5.8 State of Emergency and participation options. Asked City Attorney for clarification.

City Attorney Goldstein addressed Mayor Pro Tem Farinha's question - AB 361 allows for more flexibility with an expiration date of 2024, this allows for attending meetings remotely. Without AB361 Councilmember would have to be physically present in order to vote and would need to follow rules for posting and advertising. With AB361 there is no need to open their home to the public to be able to participate in meetings.

Councilmember Homen addressed AB361 allows for more options for the public to attend the council meetings.

Mayor Pro Tem Farinha motioned to approve Consent Calendar Items 5.1 through 5.11. The motion was seconded by Councilmember Parham and unanimously approved by a 4-0 roll call vote.

5.2 Packet Pg. 8
Minutes Acceptance: Minutes of May 17, 2022 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 6/2/2022 12:53 PM
RESULT: ADOPTED
MOVER: Farinha
SECONDER: Parham
AYES: McCord, Parham, Farinha, Homen
EXCUSED: Alves

5.1. Motion to Waive Readings - All Readings of Ordinances and Resolutions, Except by Title are hereby waived.

5.2. Approve Minutes of Regular Meeting - April 5, 2022 (7:00 PM)

5.3. Approve Minutes of Regular Meeting - April 19, 2022 (7:00 PM)

5.4. Approve Minutes of Special Meeting/Closed Session - May 3, 2022 (6:00 PM)

5.5. Approve Minutes of Regular Meeting - May 3, 2022 (7:00 PM)

5.6. Approve City Commission Report for the Month of April 2022 for the Parks Recreation & Beautification Commission.

5.7. Approve City Department Reports for the Months of March and April 2022 for the Departments of Community Development, Finance (Quarterly Reports for Fiscal Year 2021-2022), Public Works and Recreation & Community Services.

5.8. Adopt Resolution 2022-22, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

5.9. Approve City Vehicles/Equipment Surplus for FY 2021/2022

5.10. Approve Resolutions (2022-24 through 2022-27) Adopting the Engineer’s Annual Levy Reports for the City’s Benefit Assessment Districts (BADs), Landscape Maintenance Districts (LMDs) and the County Service Area (CSA) No. 15 for Fiscal Year 2022/23; Declaring its Intention to Levy and Collection of Assessments; and Setting the Date for the Public Hearing

5.11. Adopt Resolution No. 2022-30 Approving the Subdivision Improvement Agreement and to Accept Final Map for the Clayton Shire - Phase 2 Subdivision located in the Villages of Patterson Master Development Plan.

6. Presentation

6.1. Proclamation - Mental Health Awareness Month "May 2022" (Mayor McCord) Mayor McCord reviewed the proclamation.

7. Public Comment/Action Item

5.2 Packet Pg. 9
Minutes Acceptance: Minutes of May 17, 2022 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 6/2/2022 12:53 PM

7.1. Planning Department - Authorize Staff to abate Public Nuisances at 830, 860 W.

Las Palmas Ave. and 15611 S. 9th St. by demoing and/or securing the buildings, removing weeds, dirt, rubbish, and other rank growth as required pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704, as defined in Chapter

6.16 of the Patterson Municipal Code-Property Maintenance; Authorize Staff to begin bid process (Resolution No. 2022-29) Clean-Up Process.

Senior Code Enforcement Officer Gomez reviewed her report.

At 8:01 p.m. Mayor McCord opened the item to public comment.

Kandace Weyhrauch, Patterson Resident - addressed City Council inquiring if property has already been notified, is the owner of the property not liable? City Attorney Dervin addressed Ms. Weyhrauch's question.

At 8:03 p.m. there being no further comments, Mayor McCord closed the item to public comments.

Mayor Pro Tem Farinha motioned to approve Resolution No. 2022-29. The motion was seconded by Councilmember Homen and unanimously approved by a 4-0 roll call vote.

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

8. Public Hearing

8.1. Planning Department - Approve Resolution No. 2022-23, Approving Planned Development Overlay #21-01 and Tentative Parcel Map #22-01, which would allow Light Industrial Uses in the southern portion of the Sperry Commercial Project on APN 021-093-008, a 20.25 acre lot located approximately 1,500 feet south of Sperry Avenue, between the California Aqueduct and the Delta Mendota Canal. The site is currently zoned for General Commercial land uses. The overlay would allow West Patterson Light Industrial zoning land uses.

Associate Planner Rodriguez reviewed her report.

At 8:11 p.m. Mayor McCord opened the item for public comments. There were no public comment.

Joe Hollowell - addressed construction issues on Sperry Avenue. Mitigation issue with the school district.

Council addressed the following:
- Other project next to Sperry avenue, what kind of businesses and/or landscaping?
- Aesthetics of this project

5.2 Packet Pg. 10
Minutes Acceptance: Minutes of May 17, 2022 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 6/2/2022 12:53 PM
Mr. Hollowell addressed council's concerns. Signage program. Palm trees to be extended. Will adhere to design guidelines.

Associate Planner addressed council's concerns.

Councilmember Parham motioned to Approve Resolution No. 2022-23. The motion was seconded by Councilmember Homen and unanimously approved by a 4-0 roll call vote.

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

9. City Staff Reports

9.1. Finance - Approve Resolution No. 2022-28 a Resolution of the City Council of the City of Patterson Declaring its Intentions to Establish a Community Facilities District (CFD) No. 2022-01 (Public Safety Services) and Designate a Future Annexation Area.

Finance Director Ryan reviewed her report.

At 8:26 p.m. Mayor McCord opened the item to public comments. There were no public comments.

City Council addressed the following:
- 3% fixed rate inflation. Another index that is more appropriate in case of inflation.
- How many other cities within Stanislaus County follow this process? City Manager Irwin addressed council's concerns.

Joe Hollowell addressed council regarding the CPI index. If property is already in a CFD, can it be in another?
Finance Director Ryan addressed Mr. Hollowell's question.

Nick Dayhoff with NBS addressed Mr. Hollowell's question.

City Council will vote to have the item come back for more discussion.

Mayor McCord motioned to have the item come back for more discussion. The motion was seconded by Mayor Pro Tem Farinha and unanimously approved by a 4-0 roll call vote.

5.2 Packet Pg. 11
Minutes Acceptance: Minutes of May 17, 2022 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 6/2/2022 12:53 PM
RESULT: TABLED
MOVER: McCord
SECONDER: Farinha
AYES: McCord, Parham, Farinha, Homen
EXCUSED: Alves

10. City Council Reports
A. Councilmember Alves
. 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.
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
Councilmember Homen addressed the following:
- Leadership summit
-City Manager Irwin attended Stanislaus Homeless Alliance meeting regarding the strategic plan . Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
E. Mayor McCord
Mayor McCord addressed the following:
- StanCOG - North county corridor
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)

11. Other Matters
City Council addressed the following:

5.2 Packet Pg. 12
Minutes Acceptance: Minutes of May 17, 2022 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 6/2/2022 12:53 PM
- School district meeting
- Apricot fiesta

12. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of May 17, 2022, was adjourned at 8:42 p.m.

Approved by the Patterson City Council on June 21, 2022.

5.2 Packet Pg. 13
Minutes Acceptance: Minutes of May 17, 2022 7:00 PM (Consent Calendar) City of Patterson Page 1 Updated 6/15/2022 8:46 AM
City Of Patterson
Workshop Minutes
May 31, 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 Late 6:15 AM
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
The Special Meeting (Workshop) of the City Council of the City of Patterson of May 31, 2022 was called to order in the City of Patterson at 6:00 p.m. by Mayor McCord.

1. City Manager Irwin

2. Deputy City Attorney White

3. IT Manager Ford

4. Finance Director Ryan

5. Public Works Director Willett

6. City Engineer Ulloa

7. Fire Chief Gregory

8. Police Chief Clayton

9. Recreation & Community Services Director Flanders

10. Deputy Director of Regulatory Compliance & Administrative Services Delgado

11. Human Resources Director Guillory Jones

12. Public Works Deputy Directror Andrade

13. City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict

5.3 Packet Pg. 14
Minutes Acceptance: Minutes of May 31, 2022 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 6/15/2022 8:46 AM
None.

4. Items from the Public
Channce Condit, District 5 Supervisor - addressed City Council regarding the tax Sharing agreement. Also addressed the following: Will be holding office hours at Manny's Touchdown Pizza from 5:00 p.m. to 7:00 p.m. on Wednesday, June 1, 2022, Westside Healthcare Taskforce meeting on June 23, 2022 and Apricot Fiesta Parade.

5. City Staff Reports

5.1. Finance - Receive a presentation from staff and conduct a review and discussion of the proposed Fiscal Year 2022-2023 General Fund and All Other Funds budget for the City of Patterson. Provide direction to staff regarding the proposed budget.

City Manager Irwin and Finance Director Ryan reviewed the presentation.

Council addressed the following:
- Installation of lock key by the lobby
- Clarification of Deputy Sheriff titles
- Clarification for the Centennial Park
At 6:39 p.m. Mayor McCord opened the item to public comment. There were no comments.

6. Other Matters
Police Chief Clayton- addressed City Council regarding Prop 64 Cannabis Tax Fund and DUI checkpoint, marijuana impaired enforcement.

City Council Addressed the following:
- Apricot Fiesta
- Memorial Service
- Grant for youth to go to national parks
- Patterson Cemetery event for Memorial Day

7. Adjournment
There being no further business, the special (Workshop) meeting of the City Council of the City of Patterson of May 31, 2022 was adjourned at 6:46p.m.

Approved by the Patterson City Council on June 21, 2022.

5.3 Packet Pg. 15
Minutes Acceptance: Minutes of May 31, 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: Mike Willett, Public Works Director
MEETING DATE: June 21, 2022
ITEM NO: 5.4
SUBJECT: Approve Resolution No. 2022-31 Approving a Deferred Improvement Agreement with Imelda Ruiz for 125 Poppy Avenue, Authorizing the City Manager to Execute the Agreement, and Authorizing the City Clerk to Record the Deferred Improvement Agreement.

RECOMMENDATION
Motion to Approve Resolution No. 2022-31 Approving a Deferred Improvement Agreement with Imelda Ruiz for 125 Poppy Avenue, Authorizing the City Manager to Execute the Agreement, and Authorizing the City Clerk to Record the Deferred Improvement Agreement.

BACKGROUND
The Public Works Department is responsible for making sure that all public improvements are installed per City standards and for the maintenance of the improvements once they are completed and accepted by the city.

One of the requirements of this project was for the property owner to install public improvements which include sidewalks, curb/gutter, a driveway entrance, and landscaping along the frontage of their property located at 125 Poppy Avenue (APN# 048-043-015-000). However, this parcel is next to other properties that have no frontage improvements at this time. Therefore, staff and the property owners propose that the public improvements be deferred until the properties develop.

ANALYSIS
With this in mind, the City is requesting that the property owners enter into a “Deferred Improvement Agreement” which is a legal document that commits the property owner to

5.4 Packet Pg. 16
installing the improvements upon receiving written notification from the City. Once the agreement is executed and recorded it will remain in effect even if the property is sold. Attached for your review and approval is the agreement prepared for this location. The property owner has reviewed it and is agreement with all terms and conditions specified in the agreement.

If approved, the owner(s) will be granted a deferment to install the frontage improvements for two years or when the area develops, whichever is first. At that time, the owner(s) will be required to submit plans to the City for approval and obtain the necessary permits to construct.

All work must be done by a licensed contractor and proper insurance and endorsement must be submitted to the City.

FISCAL IMPACT
All costs associated with this item are paid by the property owners.

5.4 Packet Pg. 17
125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
CREATED: 05/17/22
Page | 1 of 10
Recording Requested by

CITY OF PATTERSON
After Recording Return to

CITY OF PATTERSON
ATTN: CITY CLERK
POST OFFICE BOX 667
1 PLAZA
PATTERSON, CA 95363
____________________________________
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(Space above this line for recorder’s use)

SECURED DEFERRAL AGREEMENT FOR PUBLIC IMPROVEMENTS
125 POPPY AVENUE, PATTERSON, CALIFORNIA

PATTERSON OUTDOOR VENUE PROJECT
THIS AGREEMENT is made and entered into this day of , 2022, by and among City of Patterson, hereinafter called (“CITY”), Imelda A. Ruiz, hereinafter called (“DEVELOPER”).

WHEREAS, DEVELOPER is the owner of the property located at 125 Poppy Avenue, Patterson, CA 95363, more specifically displayed in “Exhibit “A”, attached hereto and herein by reference APN# 048-043-015-000 (the “Property” or “Land”); and WHEREAS the DEVELOPER is seeking to utilize the existing property as an outdoor event venue as approved in their Conditional Use Permit #21-11, located at 125 Poppy Avenue, Patterson, CA 95363 (“Project”); and
WHEREAS the CITY requires that public improvements be constructed or guaranteed in accordance with Government Code Section 66485, and City Ordinance No. 508 (Municipal Code Section 16.40.020) (“Developer Improvements”); and WHEREAS CITY, DEVELOPER, and PROPERTY OWNER agree that it is not essential to the intended use of the Property to construct all the developer improvements at this time, and that these developer improvements may be deferred to a future time (“Developer Improvements”); and
NOW, THEREFORE, for and in consideration of the mutual covenants and considerations contained herein, the CITY, DEVELOPER, and PROPERTY OWNER agree as follows:

1. Scope. The purpose of this Agreement is to set forth the conditions (approved by Conditional Use Permit #21-11) and security and assure the future construction

5.4.a
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Attachment: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
CREATED: 05/17/22
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and installation of all the Developer Improvements, at the expense of the DEVELOPER, to certain standards as required by the CITY and that each and every one of the provisions of this Agreement herein contained shall bind and inure to the benefit of the successors in interest of the parties hereto in the same manner as if they had herein been expressly named.

2. Developer Obligations. DEVELOPER agrees:
a. To guarantee the construction of the Developer Improvements upon approval and recordation of this Agreement to construct and install the Developer Improvements required by the City Engineer and as described in this Agreement.
b. To install the following Developer Improvements: installation of frontage improvements which include sidewalks, curb, gutter, commercial driveway, storm drain utilities, street lighting, frontage landscaping, and fire hydrants.

The installation of these Improvements will be required within two (2) years of the execution of this agreement or sooner if the adjacent properties also install frontage improvements, whichever comes first. c. The DEVELOPER is required to properly abandon and destroy the private well and septic tank immediately after connection to the City’s water and sewer mains, per the City’s municipal code. The DEVELOPER is required to obtain proper permits from the City and Stanislaus County, hire a licensed contractor, and perform the abandonment/destruction to approved City/County standards.
d. To submit necessary construction plans to the CITY for the Developer Improvements within 60 days after receipt of written notification from the CITY; commence construction of the project within 60 days after receiving approval from the CITY; and complete all Developer Improvements within 120 days after commencement of construction. This includes proper abandonments and destruction of the private well and septic tank immediately after connection to the City’s water and sewer mains. e. To disclose and provide copies of this Agreement, together with all exhibits, to any buyer(s) of any portion of the Land. PROPERTY OWNER shall obtain a confirmation form from each buyer confirming that the buyer(s) receipt of the Agreement and shall provide a copy of such form to the CITY for their records.
f. Upon completion and approval of Developer Improvements, PROPERTY OWNER and DEVELOPER shall execute a written instrument offering and irrevocably dedicating in fee for public purposes to CITY the Developer Improvements and the real property upon which the Developer Improvements are constructed.
g. In the event developer fails to make the improvements as required, City May complete the improvements and cause the cost thereof to be made a lien against the property.

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Attachment: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
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3. City Obligations. CITY agrees:
a. Defer construction of the Developer Improvements, as provided herein; and b. To provide the DEVELOPER and PROPERTY OWNER with a release and satisfaction exonerating this Agreement once all the Developer Improvements, as provided herein, have been completed and accepted by the CITY.

4. Security Device. In order to guarantee that Developer shall fulfill his obligations, the City requires that a security device, such as a bond, cashier’s check, or other approved device, be filed with the City. The security device amount shall be equal to the total amount listed on the Construction Estimate, Exhibit C, and cover engineering design, plan check, construction management services, inspections, etc. The construction estimate must be prepared and stamped by a licensed Engineer and approved by the City’s Engineer to establish the amount of the security device.

5. Waiver. CITY or CITY’S officers, employees, agents, representatives, or contractors may inspect or make statements indicating that certain work or materials used to complete construction the Developer Improvements comply with the terms of this Agreement. The CITY’S acceptance of certain portions of the Developer Improvements shall not relieve DEVELOPER of the obligations in this Agreement or serve as a basis or defense in any action brought by CITY against DEVELOPER for any damages arising from the breach of any term or condition of this Agreement by DEVELOPER.

6. Terms of this Agreement. The term of this Agreement shall be binding on DEVELOPER and PROPERTY OWNER beginning on the date that it is executed by the CITY.

7. Land. The Land shall be held, sold, leased, conveyed, encumbered, hypothecated, used, occupied, and improved subject to the terms and provisions of this Agreement, which shall constitute restrictions, reservations, rights, covenants, conditions, and equitable servitudes, all of which are for the purpose of enhancing and protecting the value, attractiveness, and desirability of the Project. Such restrictions, reservations, rights, covenants, conditions and equitable servitudes shall (i) run with the Land and shall be binding upon all persons having or acquiring any interest in the Land or any part thereof, their heirs, successors and assigns; (ii) inure to the benefit of every portion of the Land and any interest therein; and (iii) inure to the benefit of and be binding upon each Owner(s) and each Owner(s) successors in interest.

This Agreement and the terms of this agreement will be recorded along with the Land’s Deed of Trust to ensure that all obligations of this Agreement remain valid

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Attachment: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
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and in effect until all DEVELOOPER IMPROVEMENTS have been completed and approved by the CITY.

8. Assignment. DEVELOPER and PROPERTY OWNER shall remain liable under the terms of this Agreement unless and until:
a. The Developer Improvements are constructed/installed and accepted by the CITY; or
b. DEVELOPER and PROPERTY OWNER assigns/their rights and obligations to a third party and those assignments are accepted by the CITY.

9. Notices. All notices required by this Agreement shall be in writing and sent by regular US mail, postage prepaid; commercial overnight courier; or facsimile.

Unless a party to this Agreement has given (10) day notice of a change of person and address for purposes of notice under this Agreement to the other party in writing, notices shall be directed to the following:

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Attachment: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
CREATED: 05/17/22
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Notices to the CITY:

Mike Willett, Public Works Director
City Hall
1 Plaza Circle
Patterson, CA 95363
Telephone: (209) 895-8060
Fax: (209) 895-8069
E-mail: [email protected]
With copy to:

Nubia Goldstein, City Attorney
1 Plaza
City Hall
Patterson, California 95363
Tel: (209) 895-8000
Fax: (209) 895-8019
Notices to DEVELOPER:

Imelda A. Ruiz
2121 Orange Avenue
Patterson, CA 95363
Telephone: (209) 604-5742 or (209) 996-3075
Fax: N/A
E-mail: [email protected]

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Attachment: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
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10. Amendment. This Agreement shall not be amended, modified, or canceled without the written consent of the parties.

11. Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus in the State of California.

12. Governing Law. The laws of California, excluding its conflict of laws rules, shall govern the rights and obligations of the parties and the interpretation and performance of this Agreement.

13. Attorney Fees. In any litigation, arbitration, or other proceeding by which any of CITY, DEVELOPER, or PROPERTY OWNER either seeks to enforce its rights under this Agreement or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney fees, together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

14. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any facsimile copies hereof or signature thereon shall, for all purposes, be deemed an original.

15. Recording. Upon the effective date of this Agreement, the CITY shall file this Agreement at the Stanislaus County Recorder’s Office, Modesto, California for recording and it shall be binding on DEVELOPER, PROPERTY OWNER, and their successors, assigns and transferees.

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Attachment: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
CREATED: 05/17/22
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IN WITNESS WHEREOF, the CITY, DEVELOPER, and PROPERTY OWNER have executed this Agreement the day and year first above written.

CITY OF PATTERSON, CALIFORNIA
By:

Ken Irwin, City Manager
Dated:

ATTESTATION BY CITY CLERK:

Aracely Alegre, City Clerk
Dated:

DEVELOPER AND PROPERTY OWNER:

Imelda A. Ruiz
2121 Orange Avenue
Patterson, CA 95363
By:

Imelda A. Ruiz, Property Owner
Dated:

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Attachment: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
CREATED: 05/17/22
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(NOTARIES ON THE FOLLOWING PAGES)

NOTARY ACKNOWLEDGMENT
State of California )
)
County of ____________ )
On _________________, 20 , before me, , 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. Notary Name: ____________________ Commission #:

Commission Expires: ________________
Notary Public 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: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
CREATED: 05/17/22
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NOTARY ACKNOWLEDGMENT
State of California )
)
County of ____________ )
On _________________, 20 , before me, , 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. Notary Name: ____________________ Commission #:

Commission Expires: ________________
Notary Public 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: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
CREATED: 05/17/22
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EXHIBIT A

SITE MAP

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Attachment: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
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EXHIBIT B

LEGAL DESCRIPTION

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Attachment: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 125 POPPY AVENUE DEFERRED IMPROVEMENT AGREEMENT
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EXIBIT C

PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COSTS

FUTURE OFFSITE PUBLIC IMPROVEMENTS & LANDSCAPING
(TO BE PROVIDED TO THE CITY PRIOR TO RECORDING OF THE SIGNED

AGREEMENT)

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Attachment: DEFERRED IMPROVEMENT AGREEMENT - OUTDOOR VENUE ON POPPY AVENUE FINAL (Resolution No. 2022-31 Approved 1 1
2 3 RESOLUTION NO. 2022-31
4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 6 APPROVING A DEFERRED IMPROVEMENT AGREEMENT BETWEEN THE CITY 7 OF PATTERSON AND IMELDA RUIZ FOR DEFERRING THE INSTALLATION OF 8 IMPROVEMENTS FOR APN# 048-043-015-000 (125 POPPY AVENUE) SITE; 9 AUTHORIZING STAFF TO EXECUTE THE AGREEMENT; AND AUTHORIZING 10 THE CITY CLERK TO RECORD THE AGREEMENT
11 WHEREAS, at the regular city council meeting of June 7, 2022 the City Council of the 12 City of Patterson approved the Deferred Improvement Agreement (referred to herein as the 13 “Agreement”) between Imelda Ruiz (referred to herein as the “Developer”) for APN# 048-043- 14 015-000, located on 125 Poppy Avenue, Patterson, CA 95363; and 15 WHEREAS, the City of Patterson has agreed to defer necessary improvements specified 16 in the attached documents, attached hereto as Exhibit “A” for the property located on 125 Poppy 17 Avenue, Patterson, CA 95363; and
18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson 19 that it hereby accepts the deferral of the public improvements described in the Deferred 20 Improved Agreement and authorizes the City Manager to sign the “Agreement” and directs the 21 City Clerk of the City of Patterson to record the “Agreement”. 22 The foregoing resolution was passed by the City Council at a regular meeting held on the 7 th 23 day of June 2022 by who moved its adoption, which motion was 24 duly seconded by _______________________, and the resolution adopted by the following roll 25 call vote:
26 27 AYES:
28 NOES:
29 EXCUSED:
30 31
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Attachment: RESOLUTION NO. 2022-31- DEFER IMPROVEMENT AGREEMENT WITH IMELDA RUIZ 125 POPPY AVE 6-7-22 (Resolution No. 2 1 APPROVED:
2 3
4 5 Dennis McCord
6 Mayor of the City of Patterson
7 ATTEST:
8 9
10 11 Aracely Alegre
12 City Clerk of the City of Patterson
13 14
15 16
17 18 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 19 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 7 th 20 day of June 2022, and I further certify
21 that said resolution is in full force and effect and has never been rescinded or modified. 22 DATED:
23 24
25 26 City Clerk of the City of Patterson
27 5.4.b
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Attachment: RESOLUTION NO. 2022-31- DEFER IMPROVEMENT AGREEMENT WITH IMELDA RUIZ 125 POPPY AVE 6-7-22 (Resolution No.

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: June 21, 2022
ITEM NO: 5.5
SUBJECT: Authorize the Purchase in the amount of $141,448; Award Contract to Custom Truck One Source for a Bucket Chipper Combo Truck; and Approve a Budget Adjustment in the amount of $11,448.

RECOMMENDATION
Authorize the Purchase in the amount of $141,448; Award Contract to Custom Truck One Source for a Bucket Chipper Combo Truck; and Approve a Budget Adjustment in the amount of $11,448.

BACKGROUND
The city received the following three quotes for a Bucket Chipper Truck:

Vendor Cost Delivery
1) Custom Truck One Source $136,948.00 1
st Quarter of 2023**
2) Versalift Forestry $137,500.00 Late 2023/Early 2024
3) Precision Truck & Equip. $162,544.45 Late 2023/Early 2024 **Includes sales tax and shipping/freight.

Staff is recommending Custom Truck One Source due to the lead time for delivery. Currently, the shortage of chips for vehicles due to the pandemic has impacted the lead times for the combo truck. However, Custom Truck One Source is able to deliver the unit in the beginning of 2023.

The other vendors would not be able to deliver until the end of 2023.

This unit is being purchased out of state. Although it is a brand new unit, all RAMs, Fords and Chevys are all carb compliant without modification. In addition, the unit is built with a 2022

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chassis, and the CARB fee is only applicable to 2023 models. However, staff is recommending that we add in $4,500 in case the regulations change between purchase and delivery timeframes.

If it is not required, there will be a savings of $4,500.

FISCAL IMPACT
This item was approved in FY 21/22 Mid-Year Budget for the amount of $130,000.00 (Account #600-790-7560, and paid for using 50% Garbage Funds, 10% LMDs, 10% Maintenance CFDs, and 30% General Fund) for the Bucket Chipper Combo Truck. However, the extra cost included in the price is for freight and staff is requesting approval for a budget adjustment to cover the difference of $11,448, using the same budget allocation.

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Attachment: Vendor 1 (Authorize Purchase of Bucket Chipper Combo Unit and Budget Adjustment)

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Attachment: Vendor 2 (Authorize Purchase of Bucket Chipper Combo Unit and Budget Adjustment)

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Attachment: Vendor 3 (Authorize Purchase of Bucket Chipper Combo Unit and Budget Adjustment)

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Attachment: Vendor 3 (Authorize Purchase of Bucket Chipper Combo Unit and Budget Adjustment)

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Attachment: Vendor 3 (Authorize Purchase of Bucket Chipper Combo Unit and Budget Adjustment) 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: June 21, 2022
ITEM NO: 5.6
SUBJECT: Approval of 5-Year Uniform Services Contract Extension with Aramark Uniform Services, starting July 1, 2022 through June 30, 2027.

RECOMMENDATION
Approval of 5-Year Uniform Services Contract Extension with Aramark Uniform Services, starting July 1, 2022 through June 30, 2027.

BACKGROUND
The City of Patterson has been in 5-year contract with Aramark Uniform Services since July 1, 2016, with an expiration of June 30, 2021. Under this contract an option to renew for an additional one (1) year period for a total maximum term of six (6) years unless the parties mutually agreed to terminate the agreement sooner.

Under this contract, Aramark Uniform Services provides uniform services weekly for all qualified City Employees. Service has been consistently of good quality. By negotiating with Aramark and extending the contract, the City is able to get a longer term at competitive pricing without the upheaval and hassle of changing uniform vendors.

ANALYSIS
Due to recent economic changes and increase in materials and labor rates, it is the recommendation of staff that Council extend the contract under the current negotiated rates.

These rates would increase each year by CPI or the amount Aramark would raise them, whichever is lower.

FISCAL IMPACT

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There is no fiscal impact. The amounts for this contract are budgeted annually.

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CONTRACT SERVICES EXTENSION AGREEMENT

CITY OF PATTERSON
AND

ARAMARK UNIFORM SERVICES
This five (5)Year Agreement is made and entered into this ___ day of_______, 2022, by and between the CITY OF PATTERSON (CITY) and ARAMARK UNIFORM SERVICES (VENDOR) regarding UNIFORM SERVICES (PROJECT).

WITNESETH:

CITY desires to retain the services of VENDOR regarding services for “UNIFORM SERVICES”.

VENDOR desires to perform the services requested by CITY regarding the PROJECT on the terms and conditions set forth below.

NOW, THEREFORE, the parties agree as follows:

1. Description of Work
VENDOR shall perform the work set forth in the original Request for Proposals approved by the City in March 2016, attached hereto and made a part hereof.

VENDOR shall provide all labor, equipment, material and supplies required or necessary to properly, competently and completely perform the work or render the services under this Agreement.

2. Compensation
Compensation shall be based on the work and fee schedule described in the attached proposal, Exhibit B. On each annual anniversary date, VENDOR will be allowed to increase prices. Increases may not exceed increases in the San Francisco-Oakland Consumer Price Index for all urban consumers or percentage increases in VENDOR’s published prices, whichever is lower.

3. Term
This five (5) year agreement shall become effective on July 1, 2022 and will continue in effect for five (5) years through June 30, 2027 at which time it shall terminate unless prior to that date the CITY notifies the VENDOR in writing within 60 days that it elects to extend the Contract

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Attachment: CONTRACT SERVICES EXT AGREEMENT ARAMARK 2022 - Draft (002) (Approval of 5-year Uniform Service Contract Extension under the same terms and conditions for an additional 12 month period, up to a maximum of 60 months.

4. Payment For Services
VENDOR shall submit to CITY monthly itemized bills for the services rendered. If the work is satisfactorily completed, CITY shall pay such bill within thirty (30) days of its receipt (see EXHIBIT A for invoicing details). Should CITY dispute any portion of any bill, CITY shall pay the undisputed portion within the time stated above, and at same time advise VENDOR in writing of the disputed portion.

5. Compliance With Laws
VENDOR agrees that it shall conduct its work and perform its services in compliance with all laws and regulations of STANISLAUS County, California, and any officer, department or CITY thereof, as well as other laws and regulations as may be applicable thereto.

6. General Insurance
VENDOR shall, at its expense, maintain in effect at all times during the duration of this Agreement not less than the following coverage and limits of insurances:

A. Workers Compensation VENDOR shall carry such insurance as will protect CITY and VENDOR from claims under Worker’s Compensation and Employers’ Liability Acts; such insurance to be maintained as to the type and amount in strict compliance with State statutes. This insurance shall also waive all right to subrogation against CITY, its employees, directors, officers and agents.

B. General Liability. VENDOR shall obtain and keep in full force and effect general liability insurance including provisions for contractual liability, personal injury, independent VENDORs and broad form property damage coverages. This insurance shall be on a comprehensive occurrence basis form with a stand cross liability clause or endorsement. The limit for this insurance shall be no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage.

If commercial General Liability Insurance or other form with a general aggregate

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Attachment: CONTRACT SERVICES EXT AGREEMENT ARAMARK 2022 - Draft (002) (Approval of 5-year Uniform Service Contract Extension limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

C. Automobile Liability. VENDOR shall maintain automobile liability insurance with coverage for any vehicle including those owned, leased, rented or borrowed. This insurance shall have a standard cross liability clause or endorsement. The limit amount for this insurance shall be no less than $1,000,000 per occurrence combined single limit for bodily injury and property damage.

D. Certificates of Insurance. Promptly upon execution of this Agreement and prior to commencement of any work, VENDOR shall provide CITY with certificates of insurance evidencing that all insurance and/or endorsements required by this Agreement have been obtained and are in full force and effect. Approval of the insurance by CITY shall not relieve or decrease any liability of VENDOR. The certificates and policies shall provide that thirty (30) days’ written notice of any material change, reduction in coverage or cancellation of the insurance policies will be provided to CITY. In addition, in the event any change is made in the insurance carrier, policies or nature of coverage required under this Agreement, VENDOR shall notify CITY prior to making such changes.

Such insurance shall include a provision for endorsement naming CITY, its officers, directors, employees and agents as additional insured with respect to liability arising out of the performance of any work under this Agreement, and providing that such insurance is primary insurance with respect to the interest of CITY and that any other insurance maintained by CITY is excess and not contributing insurance with the insurance required hereunder. Blanket endorsements will not be allowed.

7. Indemnification and Hold Harmless
VENDOR shall protect, indemnify, hold harmless and defend CITY, its directors, officers,

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Attachment: CONTRACT SERVICES EXT AGREEMENT ARAMARK 2022 - Draft (002) (Approval of 5-year Uniform Service Contract Extension employees and agents, from any and all claims, fines, demands, costs, expenses (including but not limited to attorney’s fees and costs of litigation or arbitration), liability, losses, penalties, causes of action, awards, suits or judgments for damages of any nature whatsoever (hereinafter collectively referred to as “Claims”) to the extent arising out of the breach of this Agreement in whole or in part by, or willful or fraudulent misconduct or negligent acts by VENDOR, its employees, agents or VENDORs, or the agent, employee or VENDOR of any one of them in the performance of their duties or in their operations under this Agreement, but not including the sole or active negligence or the willful misconduct of CITY.

Neither termination of this Agreement nor completion of the acts to be performed under this Agreement shall release VENDOR from its obligations to indemnify as to any claims so long as the event upon which such Claims is predicated shall have occurred prior to the effective date of any such termination or completion and arose out of or was in any way connected with performance or operations under this Agreement by VENDOR, its employees, agents or VENDORs, or the employee, agent or VENDOR of any one of them.

Submission of insurance certificates or other proof of compliance with the insurance requirements in this Agreement does not relieve VENDOR from liability under this indemnification and hold harmless clause. The obligation of this indemnity article shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

8. Termination
The CITY reserves the right to terminate the Contract, in whole or in part, at any time, for any reason, without penalty. City shall give VENDOR thirty (30) days written notification prior to the effective date of termination. The VENDOR may terminate this agreement with a thirty (30) days written notification stating the reason for cancellation and mailed to the Public Works Department at 1 Plaza, Po Box 667, Patterson, CA 95363.

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Attachment: CONTRACT SERVICES EXT AGREEMENT ARAMARK 2022 - Draft (002) (Approval of 5-year Uniform Service Contract Extension

9. Attorney’s Fees
In the event that any arbitration, litigation or other action or proceeding of any nature between CITY and VENDOR becomes necessary to enforce or interpret all or any portion of this Agreement or because of an alleged breach by either party of any of the terms hereof, it is mutually agreed that the losing or defaulting party shall pay the prevailing party’s reasonable attorney’s fees, costs and expenses incurred in connection with the prosecution or defense of such action or proceeding.

10. Entire Agreement
This writing constitutes the entire Agreement between the parties relative to the services specified herein, and no modifications hereof shall be effective unless and until such modification is evidenced by a writing signed by both parties to this Agreement. There are no understandings, agreements, conditions, representations, warranties or promises with respect to the subject matter of this Agreement except those contained in or referred to in this writing.

11. Independent VENDOR
It is expressly understood and agreed by the parties hereto that VENDOR’s relationship to CITY is that of an independent VENDOR. All persons hired by VENDOR and performing the work shall be VENDOR’s employees or agents. CITY shall not be obligated in any way to pay any wages or other claims by any such employees or agents or any other person by reason of this Agreement. VENDOR shall be solely liable to such employees and agents for losses, costs, damage of injuries by said employees or agents during the course of the work.

12. Successors and Assignment
This Agreement shall be binding on the heirs, successors, executors, administrators and assigns of the parties; however, VENDOR agrees that it will not assign, transfer, convey or otherwise dispose of this Agreement or any part thereof, or its rights, title or interest therein, or its power to execute the same without the prior written consent of CITY.

13. Severability
If any provision of this Agreement is held to be unenforceable, the remainder of this

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Attachment: CONTRACT SERVICES EXT AGREEMENT ARAMARK 2022 - Draft (002) (Approval of 5-year Uniform Service Contract Extension Agreement shall be severable and not affected thereby.

14. Waiver of Rights
Any waiver at any time by either party hereto of its rights with respect to a breach or default, or any other matter arising in connection with this Agreement, shall not be deemed to be a waiver with respect to any other breach, default or matter.

15. Remedies Not Exclusive
The use by either party of any remedy specified herein for the enforcement of this Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of any remedy provided by law.

16. Notices
All notices, statements, reports, approvals or requests or other communications that are required either expressly or by implication to be given by either party to the other under this Agreement shall be in writing and signed for each party by such officers as each may, from time to time, authorize in writing to so act. All such notices shall be deemed to have been received on the date of delivery if delivered personally or three (3) days after mailing if enclosed in a properly addressed and stamped envelope and deposited in the U.S. post office for delivery. Unless and until formally notified otherwise, all notices shall be addressed to the parties at their address listed below:

CITY: 1 PLAZA, PO BOX 667
PATTERSON, CA 95363
VENDOR: ARAMARK UNIFORM SERVICES
1617 JIM WAY
MODESTO, CA 95358

17. SUB-VENDORS
No subcontract shall be awarded or an outside VENDOR engaged by VENDOR unless prior written approval is obtained from CITY.

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Attachment: CONTRACT SERVICES EXT AGREEMENT ARAMARK 2022 - Draft (002) (Approval of 5-year Uniform Service Contract Extension IN WITNESS WHEREOF the parties execute this Agreement on the day and year first hereinabove written.

CITY OF PATTERSON VENDOR
By: _______________________ By: __________________________ Name: KEN IRWIN Name:

Title: City Manager Title:

ATTEST:
___________________________
ARACELY ALEGRE, CITY Clerk
APPROVED AS TO FORM:
_______________________________

NUBIA GOLDSTEIN
Patterson City Attorney

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REQUEST FOR PROPOSALS

UNIFORM RENTAL SERVICES
Table of Contents
I. Introduction……………………………………………………………….3
II. Purpose……………………………………………………………………3
III. Board……………………………………………………………………...3
IV. Administrative Personnel…………………………………………………3
V. Scope of Services………………………………………………………....3
VI. RFP Instructions…………………………………………………………..3
VII. RFP Questions for Providers……………………………………………...6
VIII. RFP Review………………………………………………………………7
IX. Pre-bidder’s Conference…………………………………………………..7
X. Company Qualifications…………………………………………………..7
XI. Selection Criteria………………………………………………………….7
XII. RFP Requirements and Conditions……………………………………….8
XIII. Insurance Requirements…………………………………………………..9
XIV. Contract Conditions……………………………………………………….11
Exhibits:

A. Scope of Work
B. Contact Information Form
C. Proposal Form
D. Company Information
E. Regular Safety Shirts E(a). Regular Shirt, no gray tape F. Regular Shirts (WQCF/Collections)
G. Hooded Parka Jacket
H. Polo Shirts (Supervisor’s)
Following pages must be
signed and returned for bid
to be valid:

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CITY OF PATTERSON

UNIFORM RENTAL SERVICES
I. INTRODUCTION
The City of Patterson was established in 1919 as a corporation. The City is governed by a five-member elected City Council and an appointed City Manager to oversee day to day operations.

II. PURPOSE
The purpose of this Request for Proposals is to solicit responses from qualified companies to furnish services to the COP as identified in the “Scope of Work” of this request.

III. CITY COUNCIL
The powers of the City of Patterson are vested in its City Council.

IV. ADMINISTRATIVE PERSONNEL
Ken Irwin, City Manager
V. SCOPE OF SERVICES
Respondents will be expected to provide uniform rental and laundry services as outlined in the attached “Exhibit A” Scope of Work that has been provided.

VI. RFP INSTRUCTIONS
a. Contact Information
This RFP is being issued, as will any addenda, by the City of Patterson. The contact person for the City of Patterson is:

Contract/Office Contact Services Contact
Sonia Delgado, Administrative Manager Robert Andrade, Deputy Director 1 Plaza, P.O. Box 667 16215 Baldwin Road
Patterson, CA 95363 Patterson, CA 95363
(209) 895-8063 (209) 895-8162
[email protected] [email protected] b. RFP Submission and Format
By this Request for Proposals, the City of Patterson solicits proposals to be received by Thursday, March 31, 2016 in the form outlined below. Late submittals will not be accepted.

1. Proposals may be submitted by mail, or hand-delivered, and shall contain One (1) signed “original” and four (4) copies. (Please make sure to identify the “Original” on the outside of the proposal document). Any general information

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not specifically relevant to the proposal shall be omitted or bound in a separate document. At a minimum, the proposal shall include the following:
 Identification of the company or individual(s) including name, address, telephone number, fax number, and email address;  Name, title, address and telephone number of contact person through the term of the contract.

In addition to submission of your proposal, the City of Patterson requires each bidder to include a sample of their product for each of the clothing items described in these bid documents so a comparison can be made to the uniforms currently being utilized at this agency. Upon completion of the bid process, and upon award of a contract for these services, all sample items/product will be fully returned to you.

2. Proposal shall be submitted by mail, or hand-delivered to:

City of Patterson
Public Works Department
Attn: Sonia Delgado
1 Plaza, 2nd Floor
P.O. Box 667
Patterson, CA 95363
The envelope/package must be sealed and include the following notation on the bottom left hand corner of the proposal, “Request for Proposal for Uniform Rental Services.” Please also include company/individual name on outside of envelope. The proposals will be evaluated based on the criteria established in the RFP document. Proposals received after the specified date and time will not be accepted.

3. Facsimile Copies or emails will not be accepted. All proposals will become property of the City of Patterson of the City of Patterson upon submission. c. RFP Terms and Conditions
The City of Patterson reserves the right to select more than one respondent (and will accept joint venture proposals), to select a respondent(s) for specific purposes or for any combination of specific purposes, and to defer the selection of any respondent(s) to a time of the City of Patterson’s choosing. d. City Council and Staff Communications
Under no circumstances may any member of the City Council or any staff member other than the contact specified in Section VI. a. above to be contacted during this

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RFP process by any entity intending to submit a response to this RFP. Failure to comply with this request will result in disqualification. All questions should be in writing and directed to the individuals identified in Section VI. a. above. e. Timetable:

Event Date
Request for Proposal Released March 3, 2016
Mandatory Pre-bid Conference March 15, 2016 at 2:00 PM
Due Date for Questions March 16, 2016 at 2:00 PM
Posting of Responses for Questions March 18, 2016
Proposals Due March 31, 2016 by 4:00 PM
Evaluation Process April 1-11, 2016
Council Approval April 19, 2016
Award Contract April 2016
Fittings April 2016
Delivery of Uniforms by June 27, 2016
Contract Beginning July 1, 2016
If you have any questions regarding this proposal, you must submit them in writing by email to [email protected] or by Fax to (209) 895-8069, Attention:

Sonia Delgado, no later than 2:00 pm PST on March 16, 2016.

Responses to all appropriately submitted questions will be posted on the City of Patterson website on or before Friday, March 18, 2016.

The deadline for submissions in response to this Request for Proposals is 4:00 p.m. (PST), Thursday, March 31, 2016. Telephone or fax responses will not be accepted for this request. It is the intent of the City of Patterson to select a Uniform Services provider no later than April 2016.
f. Release of Information

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Information submitted in response to this RFP will not be released by the City of Patterson during the proposal evaluation process or prior to the award. g. Proprietary Information
If a respondent does not desire certain proprietary information in their response disclosed, the respondent is required to identify all propriety information in the response, which identification shall be submitted concurrently with the response.

If the respondent fails to identify proprietary information, it agrees by submission of its response that those sections shall be deemed nonproprietary and may be made available upon public request after a contract award. h. Term of Contract
The contract will be offered for a term of five (5) years with an option to renew for an additional one (1) year period for a total maximum term of six (6) years or until such time as cancelled per the terms of the agreement.
i. City of Patterson Reserves the Right to:

1. Request an oral interview with, and additional information from companies prior to final selection of a provider.

2. Consider information about a company in addition to the information submitted in the response or interview.

3. Reject any and all responses and waive any irregularities. j. Consumer Price Index Changes/Adjustments

1. Vendor will be bidding a flat rate for the five (5) years and a consumer price index update would be considered for the 6th year if the City opts to extend the service.
k. Changes

1. If vendor makes any changes to the service, the vendor must notify the City by written notice within (10) days prior to change.

VII. RFP QUESTIONS FOR PROVIDERS
a. Organizational and Personnel Background
State the firm’s ability to provide the Services as described in the Scope of Services for this RFP. Provide a brief history of the firm and its experience, qualifications and success in providing these services. Describe what your firm’s major organization strengths are.
b. Experience
Discuss your experience in serving as a provider of Uniform Rental Services.

Proposers must have a minimum of 3 years’ experience providing uniform rental services to an organization of 40 employees or more.
c. Specific Information

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Identify the specific individuals who would be assigned to work with the City of Patterson and specify which person would be the primary contact person with the City of Patterson.

1. Company selected shall have delivered all uniforms no later than the beginning of the last week of June 2016.
d. Price
Provide the monthly cost for rendering these services. Include all costs associated with the services to be rendered in coordination with Exhibit C. e. Financial Information
Include in your proposal a statement of financial resources or financial statements, which demonstrate the Contractor’s ability to provide services as required. f. Security Clause
A 10% performance bond of the total 5 year contract is required. In the event that the vendor is no longer able to continue daily operations, the City of Patterson will opt to purchase the uniforms using the 1/36 formula value of the garment. g. Affirmative Action
The City of Patterson requires that each respondent be an Equal Opportunity Employer: State that the respondent complies fully with all government regulations regarding nondiscriminatory employment practices.

VIII. RFP REVIEW
At a City of Patterson meeting, scheduled after such review, some of the companies that have responded may be asked to be available for interviews. If so, those companies will be given not less than three (3) business days’ notice, along with the date, time and place for interviews. Expenses will be the responsibility of the respondent.

IX. PRE-RFP CONFERENCE
March 15, 2016 at 2:00 PM at the Corporation Yard located at 16215 Baldwin Road Patterson.

X. COMPANY QUALIFICATIONS
Proposals shall be considered from responsible organization or individuals engaged in the performance of Uniform Rental Services. Proposals must include information on competency in performing comparable services, demonstration of acceptable financial resources, and personnel staffing. The vendor shall furnish detailed information on

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references, as well as background and experience with projects of a similar type and scope to include as a minimum:
a. Brief history of the company
b. A listing of five (5) references where comparable services were performed. The client reference shall include the name of organization, contact person, address and telephone numbers.
c. Vendor shall describe their understanding of the project scope, their proposed approach to performing the services, and submit a proposed schedule.

XI. SELECTION CRITERIA
Proposals will be evaluated based on the selection factors listed below; the relative weight that each factor will receive in the evaluation is shown below.

Selection Factors:
a. Experience of the company (20 points): Including number of years providing uniform rental services. The City of Patterson reserves the right to contact any party that the proposer has worked for in the past and to reject a proposer based on past poor performance.
b. Organizations qualifications (10 points): Training experience and longevity of staff; training programs; quality of operating policies and personnel procedures. c. Cost (70 points):

Cost (fees), weighted, based on lowest price at 70 points Lowest Bidder’s Price
Score= X 70
Bidder’s Price
XII. RFP REQUIREMENTS AND CONDITIONS
Minimum Requirements
This RFP sets forth the minimum requirements that all submission shall meet. Failure to submit proposals in accordance with this request may render the proposal unacceptable.

Cost of the Proposal
Costs incurred by any proposer in the preparation of its response to the RFP are the responsibility of the proposer and will not be reimbursed by the City of Patterson.

Proposers shall not include any such expenses as part of their proposals.

Clarification to Proposals
The City of Patterson reserves the right to obtain clarifications of any point in the company’s proposal or to obtain additional information necessary to property evaluate a

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particular proposal. Failure of a proposer to respond to such a request for additional information or clarification could result in rejection of the company’s response or responses.

Cancellation of the RFP
The City of Patterson reserves the right to cancel this RFP at any time, for any reason, and without liability if cancellation is deemed to be in the best interest of the City of Patterson. The proposer assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal.

City Council
City Council has the right to reject any and all bids.

Collusion
Proposer, by submitting a proposal, hereby certifies that no officer, agent, or employee of the City of Patterson has a pecuniary interest in this Proposal; that the Proposal is made in good faith without fraud, collusion, or connection of any kind with any other proposer; and that the proposer is competing solely in its own behalf without connection with, or obligation to any undisclosed person or company.

Contacts
All questions concerning the RFP shall be directed to Sonia Delgado whose contact information is provided above. To avoid all appearances of impropriety proposer should only contact the above referenced staff person and should not attempt to contact any City of Patterson Council Members or the City Manager. No oral requests for clarification or information will be accepted except at the Pre-RFP Conference on March 15, 2016. All such requests must be in writing (by email, mail, fax, or hand delivery) and submitted to the City of Patterson prior to 2:00 pm PST on March 16, 2016. All questions and clarifications shall be answered by written addendum, to be issued no later than Friday, March 18, 2016 to all respondents who have been duly recorded as having received a copy in the City of Patterson’s RFP distribution log.

Disputes
In case of any doubt or differences of opinions as to the participation sought hereunder or the interpretation of the provisions of the RFP, the decision of the City of Patterson shall be final and binding upon all parties.

XIII. INSURANCE REQUIREMENTS
A. Proof of Insurance, shall not be terminated or expire without thirty (30) days written notice, and are required to be maintained in force until completion of the contract.

The contractor shall require all subcontractors used in the performance of this contract to name the City of Patterson as an additional insured. Following are the standard types and minimum amounts.

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 Commercial General Liability: $1,000,000; combined single limit bodily and property damage liability per occurrence; with an endorsement naming the City of Patterson as additional insured.
 Worker’s Compensation: statutory limits or,
 Self-Insurance Program: a State Approved program in an amount and form that meets all applicable requirements of the Labor Code of the State of California.

B. Failure to provide proof of insurance or failure to maintain insurance as required in this bid, or by law; are grounds for immediate termination of the contract. In addition, the awarded bidder should be liable for all re-procurement costs and any other remedies under law.

C. Indemnification and Insurance Requirements

1. Indemnification
The Vendor agrees to indemnify, defend and hold harmless the City of Patterson and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the City of Patterson on account of any claim therefore, except where such indemnification is prohibited by law.

2. Additional Named Insured
All policies, except for the Worker’s Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the City of Patterson and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder.

3. Waiver of Subrogation Rights
The Vendor shall require the carriers of the above required coverages to waive all rights of subrogation against the City of Patterson, its officers, employees, agents, volunteers, Contractors and subcontractors.

4. Policies Primary and Non-Contributory
All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the City of Patterson.

5. Proof of Coverage
The Vendor shall immediately furnish certificates of insurance to the City of Patterson City Clerk & Public Works Department administering the Contract evidencing the insurance coverage, including the endorsements above required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department.

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Contractor shall maintain such insurance from the time Vendor commences performance of services hereunder until the completion of such services.

Within sixty (60) days of the commencement of this Agreement, the Contractor shall furnish certified copies of the policies and all endorsements.

6. Insurance Review
The above insurance requirements are subject to periodic review by the City of Patterson. The City of Patterson’s City Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is reasonably priced, or is not needed to protect the interest of the City of Patterson. In addition, if the Risk Manager determines that heretofore, unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the City of Patterson, inflation, or any other item reasonably related to the City of Patterson’s risk. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. Vendor agrees to execute any such amendment within thirty (30) days of receipt.

XIV. CONTRACT CONDITIONS
Americans with Disabilities Act
Proposer must comply with all applicable requirements of federal and state civil rights law and rehabilitation statues.

Law of the State of California
The resulting contract will be entered into within the State of California and the law of said state, whether substantive or procedural, shall apply to the contract, and all statutory, charter and ordinance provisions that is applicable to public contracts within the Count of Stanislaus County and the State of California shall be followed with respect to the contract.

Contract Terms and Final Selection
The selected company will be expected to sign the City of Patterson’s Contract Agreement. If the selected applicant and the City of Patterson cannot come to terms with respect to the contract, the City of Patterson reserves the right to select the next most qualified applicant or to terminate this RFP and to re-issue a new RFP if no Proposer is acceptable to the City of Patterson.

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EXHIBIT A
Uniform Rental Services Provider
Scope of Work
Industrial Rental Uniform Services
The successful vendor(s) shall be able to deliver, once a week, freshly laundered uniforms to various City of Patterson locations as designated by the City of Patterson, and to pick up soiled uniforms, once a week, from the same locations.

Vendor will provide equipment needed for rental/pick up services for example; clothing rack, hamper bins and red hazard bags for soiled clothes.

Basic rental service shall be charged per uniform set on a weekly basis and charged on a monthly invoice. Rental rate shall apply to any period that an employee may be away from the City of Patterson, due to vacation or temporary illness, but such rental shall not apply to any absence of greater than one (1) week or after an employee resigns, retires, or employment terminates. (Uniforms are returned to vendor at no cost to the City of Patterson.) All uniforms will remain the property of the supplier. The City of Patterson will return uniforms to the supplier for employees that are terminated.

The service shall start out with all new and unused clothing. No seconds or previously supplied clothing will be acceptable. Vendor will be required to maintain uniforms that appear to be new and of professional quality, with no tears, worn spots, faded colors, improper fit, etc. throughout the term of the contract. This determination shall be left to the discretion of the City of Patterson.

Supplier is responsible for measuring all individuals covered in this contract, and shall guarantee proper fit at the time of delivery. Fittings should be done as needed as determined by the City.

Supplier shall provide at no cost to the City of Patterson the initial issue for all employees who participate in this program, including any new employees.

The selected firm will be required to provide quality, reliable service with special attention given to meeting required schedules for delivery, serving the designated locations, and submitting properly annotated invoices. Services will include the following;  Provide weekly on-time deliveries of uniforms to specified delivery locations during the hours of operation noted in this RFP, which are as follows:

Corporation Yard

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16215 S. Baldwin Road
Patterson, Ca 95363
Contact: Robert Andrade, Deputy Director of Public Works Office: (209) 895-8162 Cell: (209) 652-0843
Hammon Senior Center
1033 W. Las Palmas Ave
Patterson, CA 95363
Contact: Juliene Flanders
Office: (209) 895-8080
 Business Hours for Deliveries are:

Monday-Friday: 9:00 AM to 3:00 PM
(Closed most Holidays)
 Additional clothing items which may be ordered on an “as-needed” basis.  Provide an experienced Account Manager assigned to the City of Patterson to implement and manage the services. The Account Manager will be assisted by other members of the selected Firm’s staff in completing key activities. This includes an experienced Customer Service Representative to handle problems or complaints. If there is a change in the Account Manager assigned to the City of Patterson, then the City of Patterson is to be notified of such change, and provided with the new Account Manager’s contact information.

City of Patterson and Name Patch
All shirts and coveralls shall have the City of Patterson emblem, which shall be provided to the City of Patterson by the vendor, and sewn on all shirts and coveralls by the supplier. Name patches shall be provided by the supplier, at no cost to the City of Patterson, and sewn on the shirts and coveralls. Name patches shall have the name of the employee. Names shall also be embroidered or silkscreened in navy, on a white background. The City of Patterson emblem will be required on all caps as ordered or requested. Embroidered name patches and logos will be used on the identified supervisor polo shirts. Regular identified employees will be silk screen printed logo and name patch.

Uniform Requirements
The City of Patterson estimates that it shall be necessary to furnish uniforms for approximately 34 full or part-time employees. The City of Patterson reserves the right to increase or decrease the quantity of uniforms required at the same price as bid. Eleven (11) sets are required for each employee.

Uniform sets may consist of one of the following:
1) one (1) shirt (long or short sleeves and one (1) pair of trousers; 2) one (1) shirt (long or short sleeves); one (1) pair of coveralls

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These shall be measured to fit the individual. (All measuring shall be accomplished within one (1) week at each department’s convenience and shall take place at the locations listed in the RFP)
Exhibit E - Regular Safety Shirts (Parks, UF, Streets, Bldg. Maint.) (Short Sleeve & Long Sleeve (Extra Long/Tall Shirt Option) – 65% polyester, 35% combed cotton, six (6) button closure, one (1) or two (2) button-through pockets. The shirts will need to meet OSHA Class 2 requirements which require retroflective gray tape safety strips. Example is provided in Exhibit E.

Exhibit E(a) – Regular Short Sleeve Shirt (Water) – This shirt shall not have retroflective gray tape safety strips. These shirts shall meet requirements for fire/flame resistence. 65% polyester, 35% combed cotton, six (6) button closure, one (1) or two (2) button-through pockets.

Color: Yellow Top/Navy Bottom
Exhibit F - Regular Shirts (WQCF/Collections) – 65% polyester, 35% combed cotton, six (6) button closure, one (1) or two (2) button-through pockets and be fire/flame resistant.

Color: Burgundy
Exhibit G - Hooded Jacket (Parka): 27”, Lining: Polar Fleece with waterproof seams, Slash Pocket Mid-weight, heavy-duty and sturdy brass zipper. Outer fabric should be 100% polyester. Hood needs to either be folded in or snap off when not in use. Parka needs to be waterproof. High Visibility - Class 3.

Color: Yellow/Lime Green – Navy Bottom
Exhibit H - Polo Shirts (Men’s and Women’s) Various Colors – 100% cotton, short-sleeve banded mesh, stain release when washed, no-curl collar which lays flat, wrinkle resistant, nonfade, sturdy reinforced shoulders, neat banded sleeves. Machine Washable.

Color: Yellow Top/Navy Bottom
Trousers – City of Patterson employees shall have a choice of regular cut. The material of all trousers shall be 65% Dacron polyester, 35% cotton twill.

Color: Navy (Parks, UF, Streets, Bldg. Maint., Water)
Regular Pants – Material of all regular pants shall be 65% Dacron polyester, 35% cotton twill. 2 slack-style pockets, 2 set-in hip pockets, stop button through left hip pocket, no button right hip pocket, slight tapered leg, heavy duty brass zipper, button closure.

Color: Light Gray (WQCF/Collections)
Western Cut (Jean Cut) Pants – Denim, 2 frontier-style pockets, 2 double-needle patch hip pocket, no button right hip pocket, slight tapered leg, heavy duty brass zipper, button closure.

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Men’s Executive Oxford Long Sleeve Shirts – Light Blue – White/Blue Stripe. (Recreation) Arasoft Work Shirt – Tan/Spruce. (Recreation)
Coveralls – Coveralls shall be 65% Fortel (or acceptable equal) polyester, 35% combed cotton, pre-cure durable press, two-way brass zipper, gripper at neck, collar – one piece, topstitched; hemmed sleeves, set-in front pockets, two breast pockets, two patch hip pockets, rule pocket, action-back, side vent openings. Class 2 OSHA Retroflective gray tape. Color is Yellow or Orange High Visibility.
*An alternative option of “Fire-resistant coveralls” are needed, 54-RG Flame Resistant,

10.1 ATPV, 45% Modacrylic, 35% Lyocell, 20% Aramid. Color is Navy..

Color: See notes above.

Cap (Baseball Cap): Low-profile baseball cap, sewn eyelets for ventilation, fit adjusts with flex fit, 98% polyester and 2% spandex. Hand wash.

Unless otherwise specified or requested, shirts are yellow, regular pants are navy.

GARMENT QUALITY REQUIREMENT
A. Maintenance of Garments
The supplier shall:

1. Launder/clean all uniforms exclusively in the supplier’s own plants in accordance with the State of California Public Health Agencies.

2. Keep garments in presentable conditions at all times. If, solely in the opinion of the City of Patterson, garments are worn or unsatisfactory, they shall be replaced immediately. Failure to provide new replacement garments within one (1) cycle will result in double credits for said garments until the replacement. Any garments not replaced within four (4) weeks may result in termination of the contract for nonperformance. Uniforms replaced for fair wear and tear, size, style or type changes will be at no additional cost or fee to the City of Patterson for either the uniform or the name tag.

3. Be responsible for normal wear of the uniforms and maintain them in an excellent state of repair at all times. Garment life shall be based upon a normal wear basis, replacements shall be provided as required to allow for a “first-class” appearance at all times.

4. Repair general cuts, tears and damage to uniforms caused by normal hazards of the employee’s work, at no cost to the City of Patterson. Garments damaged beyond repair, solely in the judgment of the City of Patterson, by employee’s carelessness, will be

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replaced and charged to the City of Patterson (see Section C) in the week following the damaged garment being returned to the delivery point with notations. All garments in need of repair shall be delivered on the next scheduled deliver. In addition, suppler shall furnish written instructions and provide a simplified repair/replacement policy at all pickup/delivery points within the City of Patterson. Periodically, the route person shall verify the instructions are still present at the sites as well as provide any and all tags as may be necessary to keep the system operating.

B. Vendor’s Representative
The supplier will provide the City of Patterson, with the name of the person who will represent the supplier in the administration of this contract. This person must be within the level of management capable of acting without recourse in making decisions with respect to this agreement. This person must be able to meet with the City of Patterson management on a regular basis thus ensuring compliance with contract terms.

C. Reasonable Wear. Repair & Lost Garments
Reasonable wear of garments is expected and is to be included in the supplier’s cost projections.

The City of Patterson expects that the supplier will replace any and all garments, which, by reason of wear, do not represent the proper image the City of Patterson wishes to maintain.

This replacement shall be done at no cost to the City of Patterson.

The supplier at no cost will provide minor repairs such as, but not limited to, button replacement, zipper replacement and small tear patching to the City of Patterson. (Tear patching must not be readily noticeable from a distance of two (2) feet.) The City of Patterson at a prorated basis using 1/36 formula detailed herein will pay for garments requiring replacement due to damage caused by the employee, not attributable to normal wear and tear.

1. 1/36 Formula
The supplier will prorate the cost of uniform replacements by attributing a value to the garments over the 36-month period of the contract. If a uniform is replaced because of damage by the employee or at the request of the City of Patterson (barring those, which results in change of department, by employee or change in uniform color or styling), or for reasons other than normal wear and tear, the City of Patterson will pay the prorated fee.

Example: Shirt 36-month value: $12.00
Monthly prorate: $ 0.333

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The replacement cost of the $12.00 would be reduced by $ 0.333 per month of service.

2. Lost Garments
In that all garments remain the property of the supplier, a loss charge may be levied against the City of Patterson when a garment is lost by the City of Patterson personnel and not returned. Prior notification to the City of Patterson using Department/Division of all replacement charges will be required prior to their appearance on an invoice.

RENTAL SERVICE REQUIREMENTS
Price per item includes all rental costs, sales tax, environmental fee, the cost of the original fitting, attachment and removal of City of Patterson patches, cleaning, exchange, replacement due to wear, minor repairs, delivery and pickup, etc. Name patches and the City of Patterson logo patches shall be provided by vendor.

No added charges or resizing fees shall be levied provided the employee does not change sizes more than once a year.

The uniform service company shall levy no added surcharges of any kind due to increases in operating expenses. Future fuel surcharges or service charges will not be accepted.

All trousers, shirts, and coveralls originally issued will be new. All trousers, shirts, and coveralls will be replaced every 18 months. All uniforms shall be to the satisfaction of the manager of each department using the uniforms. The supplier will immediately replace any uniform not meeting these standards of neat appearance.

Prices shall remain firm for base period of contract. In the event of price increases beyond the reasonable control of the Vendor, including but not limited to prevailing wage requirements, collective bargaining agreements, government mandates, insurance costs, and supply price changes; Vendor will provide to the City of Patterson a written request for change order accompanied by bona fide proof of said change at least 30 days in advance of effective date.

The City of Patterson retains the sole right to accept or reject changes for supply prices. Vendor shall also, in the event of a reduction in cost of these items, provide the City of Patterson with an equitable reduction in cost, with notification 30 days in advance of effective date.

A. Uniforms: Eleven (11) Sets per two-week period for each employee.

Inventory is 11 changes per person (including one “swing” change) and is for a full two-week cycle. Six shall be in the possession of the employee and five shall be in the possession of the uniform laundry service.

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All bids will be given consideration on an “or equal” basis. Please indicate brand and manufacturer of units you propose to furnish. Bids shall include descriptive literature and/or brochures. Samples may be requested by Purchasing during bid and evaluation process. A plant visit and inspection may be required by the City of Patterson to ensure vendor’s performance and compliance to bid specifications.

Measurements and color selection by each department will be taken within one week of award of contract, at each location’s convenience. Appointments will be made between vendor and department supervisor for this procedure. Fittings will be done at delivery locations.

Supplier shall tag each garment to identify the user and the month/year of issue. Included, as part of this bid; is the right of the City of Patterson to order such additional garments or City of Patterson items to be cleaned, not herein listed. If any such additional garments or items to be cleaned should be required, City of Patterson Public Works shall negotiate the price with the supplier. Successful bidder shall supply inventory count sheet of uniforms picked up and uniforms delivered each week before departure from premises.

C. Purchase of Uniforms
 The City of Patterson recognizes that it may be necessary to purchase new uniforms during the period of this contract. Quantities for each employee are to be determined by each location according to their need. In addition, prior authorization by the City of Patterson’s Public Works Deputy Director is required before any new uniforms are ordered.
 Specifications shall be in accordance with the contract specifications described in Section IV Contract Specifications.
 Bid prices shall include sewing on the City of Patterson emblem and providing and sewing on nametags per contract specifications described in Section IV.

Since uniforms shall be purchased on an “as needed” basis, bid prices on the purchase of uniforms shall remain firm for three years. These prices will also be used in the computation of premature replacement value utilizing the 1/36 formula (Section V. – C. Reasonable Wear, Repair & Lost Garments).

Table located on Proposal C, Page 22.

For this Bid to be valid, this sheet must be signed.

Date____________________Signature____________________________

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Attachment: RFP - Uniform Rental Services v.full Exhibit A (Approval of 5-year Uniform Service Contract Extension with Aramark)

EXHIBIT B

CONTACT INFORMATION FORM

To: Sonia Delgado, Public Works Department
(209) 895-8063 Office (209) 895-8069 Fax [email protected] email

This fax is to acknowledge that we are in receipt of your RFP for Uniform Services and have noted our intention to bid.

Vendor Name:

Address:

Contact/Title:

Phone:

Fax:

Email:

I PLAN TO SUBMIT A BID.

Yes, I will be submitting a bid.

Maybe, I need to to research and get more information (contact City of Patterson information listed above) NO BID. Indicate any of the following. We:

Do NOT desire to be retained on the vendor list.

Desire to be retained on the vendor list, but decline to bid based on the following:

Cannot comply with specifications/scope of work, Explain:

Cannot meet delivery requirements, Explain:

Do not regularly provide this type of product/service
Other, Explain:

Please update my information as listed above.

HOW YOU FOUND OUT ABOUT THE BID. Indicate any of the following. We:

Checked the agency website.

Received notice by fax or email
Newspaper Ad, please list paper:

Trade publication, please list:

Plan Room, please list:

Other, Explain: Page | 19 of 30

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Attachment: RFP - Uniform Rental Services v.full Exhibit A (Approval of 5-year Uniform Service Contract Extension with Aramark)

EXHIBIT C

PROPOSAL FORM
Proposal: Uniform Rental Services Provider

To: City of Patterson
1 Plaza, 2nd Floor
P.O. Box 667
Patterson, CA 95363

1. The undersigned, having familiarized themselves with the local conditions affecting the cost of the work, and with the Specifications, if any thereto, hereby proposes to furnish all labor, materials, equipment and services required to provide such service(s) described in the scope of work in accordance therewith, for the sum of:

Amounts should be based on eleven (11) sets of uniforms based on quantity in column A and the cost in column C to get the monthly cost.

Sets consist of one (1) shirt, one (1) pant.

A B C D E
Uniform Item Employees Sets Cost Monthly Annual Price
Regular Safety Shirt (Short/Long Sleeves) Exhibit E 14 11 Replacement cost if not returned upon termination
Regular Shirt (Short/Long Sleeves) Exhibit E(a) 6 11
Replacement cost if not returned upon termination
Regular Shirt (Short/Long Sleeves) Exhibit F 2 11
Replacement cost if not returned upon termination
Polo Shirts (Men's and Women's) Exhibit H 4 11
Replacement cost if not returned upon termination
Trousers 21 11
Replacement cost if not returned upon termination
Regular Pants 8 11
Replacement cost if not returned upon termination
Western Cut (Jean Cut) Pants 5 11
Replacement cost if not returned upon termination
Coveralls - High Visibility Color: Yellow or Orange 14 2 Replacement cost if not returned upon termination
Coveralls - Fire Resistant Color: Navy 6 2
Replacement cost if not returned upon termination
Fleet Shirt - Light Blue 2 11
Replacement cost if not returned upon termination
Fleet Pant - Light Blue 2 11
Replacement cost if not returned upon termination
Recreation - Oxford Long Sleeve Shirt - Light Blue/Blue Strip 1 Replacement cost if not returned upon termination
Recreation - Arasoft Work Shirt - Tan/Spruce 1
Replacement cost if not returned upon termination
Totals
Page | 20 of 30

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Attachment: RFP - Uniform Rental Services v.full Exhibit A (Approval of 5-year Uniform Service Contract Extension with Aramark) Please note: If there are any additional costs associated with garments that are considered to be of a "special size", then you need to include those costs and list the sizes that would be associated with the costs in your proposal.

Vendor shall also complete, sign and attach "Attachment C" to be considered responsive.

2. In submitting this proposal it is understood that the right is reserved by the City of Patterson to reject any and all proposals. If written notice of the acceptance of this proposal is mailed, faxed, or delivered to the undersigned within thirty (30) days after opening thereof, or at any time thereafter before this proposal is withdrawn, the undersigned agrees to a contract/agreement in the prescribed form and furnish any required insurance requirements within ten (10) days after the contract is presented to him for signature.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

Date 20
(Company Name)
(Official Address) (By)
(Title)
(Contractor's State License Number) (Telephone Number)
Page | 21 of 30

SINGLE PURCHASE ITEMS
Item Name One-time Purchase Price
Hooded Park Jacket - Exhibit G
*Cap (Baseball Cap with Logo)
1/36th Cost Prices
Item Cost Monthly Rate
Regular Safety Shirt Exhibit E 36 = $
Regular Shirt Exhibit E(a) 36 = $
Regular Shirt Exhibit F 36 = $
Polo Shirts Exhibit H 36 = $
Trousers 36 = $
Regular Pants 36 = $
Western Cut (Jean Cut) Pants 36 = $
Coveralls - High Visibility 36 = $
Coveralls - Fire Resistant 36 = $
36 = $
36 = $
36 = $

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EXHIBIT D

COMPANY INFORMATION

Each bid shall set forth the full names and residences of all persons and parties interested in the bid. If the bid is by a corporation, state names of the officers who can sign an agreement on behalf of the corporation and whether more than one officer must sign. If the bid is by a partnership or a joint venture, state the names and addressed of all general partners and joint ventures. If the bidder is a sole proprietorship or another entity that does business under a fictitious name, the bid shall be in the real name of the bidder with a designation following showing "DBA (the fictitious name)": provided, however, no fictitious name shall be used unless there is a current resignation with the appropriate County Recorder. In case of corporations, include the names of the President, Secretary, Treasurer, and Manager.

The undersigned, as a bidder declares that all documents regarding this bid have been examined and that, if awarded, will enter into a price agreement with the City of Patterson. The bidder acknowledges that addenda number (if any) to have been received and have been examined as part of the bid document. In submitting the bid response, the bidder agrees that acceptance of this bid by the City of Patterson within ninety (90) days after the bid opening constitutes a contract.

Firm Name:

Address:

Telephone: Fax
Federal Tax #
Signature:

Select One:

Owner Partner Officer
Print Name:

Title:

Date:

For this Bid to be Valid, this sheet must be signed
Date Signature

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EXHIBIT D - COMPANY INFORMATION (continued)

Awarded vendor must possess a valid Business License, and all necessary permits, prior to contract award.

All bidders must submit the following information with their written bid submittal: (You may use additional sheets if desired).

1. Length of time your firm has been in business:

2. Length of time at current location:

3. Type, number and City of Patterson business license(s):

References:

Submit the company names, addresses, telephone numbers, contacts, and a brief contract description of at least three clients in California for whom comparable projects (per proposed price agreement requirements) have been completed:

Name Address Contact Phone Description
For this Bid to be Valid, this sheet must be signed
Date Signature

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EXHIBIT D - COMPANY INFORMATION (continued)

1. Type of Organization
a. A corporation, organized and existing under the laws of the State of California.

President:

Secretary:

Treasurer:

Manager:
b. A partnership (If so, please list partners):
c. An Individual
Name:

2. Number of Employees:

3. Plant Locations, capabilities and capacities:

4. Explain in-place control systems, checks and balances, methods of garment coding and accountability:

Date Signature
For this Bid to be Valid, this sheet must be signed

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EXHIBIT D - COMPANY INFORMATION (continued)

5. Will your company be able to deliver freshly-laundered uniform once a week to designated location? Yes No

6. Will your company pick up soiled uniforms, once a week, at designated locations? Yes No

7. Will uniforms be laundered and pressed exclusively in your plant? If not, explain.

8. Explain garment cleaning/finishing procedures and methods.

9. Explain your replacement policy. Include normal wear and tear for uniforms lost, stolen, or mutilated, and paint or stained uniforms.

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10. Describe your method for providing the City of Patterson with a detailed invoice listing of all charges by employee name. Attach a sample invoice.

EXHIBIT D - COMPANY INFORMATION (continued)

11. For Uniform Shirts: What is the actual material bid? What mill? What manufacturer?

12. For Uniform Trousers/Pants: What is the actual material bid? What mill? What manufacturer?

13. What is your delivery schedule?

14. Name of person who will represent your firm should you be awarded the contract.

Date Signature
For this Bid to be Valid, this sheet must be signed

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Attachment: RFP - Uniform Rental Services v.full Exhibit A (Approval of 5-year Uniform Service Contract Extension with Aramark) E(a)
Corpo
Division
*Note –
oration Yard
ns: Park
–  Water
w
Ex
‐ Need all sel
s, UF, St
r & Fleet
without r
xhibit E
lections avail
reets, Bu
t Division
reflective
lable in short
uilding M
n Shirts w
e tape.
t/long sleeve
Mainten
will requ
Page | 27
s.
ance
uire shirt
of 30
ts

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Attachment: RFP - Uniform Rental Services v.full Exhibit A (Approval of 5-year Uniform Service Contract Extension with Aramark) Division:  W
Sh
QCF, Collect
Ex
hirt will b
tions ‐ Need
xhibit F
be in bu
all selections
rgundy.
s available in short/long s
Page | 28
leeves.
of 30

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Attachment: RFP - Uniform Rental Services v.full Exhibit A (Approval of 5-year Uniform Service Contract Extension with Aramark) E
xhibitG
Page| 29 of 30

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Attachment: RFP - Uniform Rental Services v.full Exhibit A (Approval of 5-year Uniform Service Contract Extension with Aramark) Supervisor’s ‐ N
Ex
eed all selec
xhibit H
tions available in short/long sleeves.

Page | 30 of 30

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Attachment: RFP - Uniform Rental Services v.full Exhibit A (Approval of 5-year Uniform Service Contract Extension with Aramark)

5.6.c
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Attachment: Aramark Uniform Services Contract Exhibit B (Approval of 5-year Uniform Service Contract Extension with Aramark)

5.6.c
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Attachment: Aramark Uniform Services Contract Exhibit B (Approval of 5-year Uniform Service Contract Extension with Aramark) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: June 21, 2022
ITEM NO: 5.7
SUBJECT: Adopt Resolution No. 2022-34, Calling for a City Election and Requesting from the Stanislaus County Board of Supervisors to Consolidate the City of Patterson's Election for Districts B and D (4-Year Full Terms) and Mayor-at-Large (2- Year Full Term) with the November Gubernatorial General Election to be held on November 8, 2022, Requesting the Services of the Stanislaus County Registrar of Voters, Elections Division to Conduct the Election on Behalf of the City of Patterson.

RECOMMENDATION
Motion to Adopt Resolution No. 2022-34, Calling for a City Election and Requesting from the Stanislaus County Board of Supervisors to Consolidate the City of Patterson's Election for Districts B and D (4-Year Full Terms) and Mayor-at-Large (2- Year Full Term) with the November Gubernatorial General Election to be held on November 8, 2022, Requesting the Services of the Stanislaus County Registrar of Voters, Elections Division to Conduct the Election on Behalf of the City of Patterson.

BACKGROUND:

The City of Patterson will hold an Election on November 8, 2022, for the purpose of electing a Mayor at Large (2-Year Full Term) and Two Councilmembers; one from District B and one from District D (4-Year Full Terms).

The City of Patterson will respectively request that the Stanislaus County Registrar of Voters, Elections Division furnish all services, facilities, supplies, equipment, etc. necessary for the election.

5.7 Packet Pg. 80
The City of Patterson City Clerk/Elections Official will be responsible for issuing/collecting election information, publishing the notice to voters of the notice of election, nominees for public office, election date, etc.

The City of Patterson will reimburse the County of Stanislaus for all actual cost for services performed to conduct the municipal election on behalf of the City.

FISCAL IMPACT:

Not to exceed $25,000 budgeted in the Fiscal Year 2022-23 City Council Budget, Elections Account No. 100-120-6260

5.7 Packet Pg. 81
RESOLUTION NO. 2022-34

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

CALLING THE ELECTION, REQUESTING FROM THE STANISLAUS COUNTY BOARD OF SUPERVIOSRS TO CONSOLIDATE THE CITY OF PATTERSON’S DISTRICT B AND D (4-YEAR FULL TERMS) AND MAYOR-AT-LARGE (2-YEAR

FULL TERM) WITH THE NOVEMBER (GUBERNATORIAL) GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, REQUESTING THE SERVICES OF THE

STANISLAUS COUNTY REGISTRAR OF VOTERS, ELECTIONS DIVISION TO

CONDUCT THE ELECTION ON BEHALF OF THE CITY OF PATTERSON WHEREAS, pursuant to the Election Code of the State of California, Section 10403, the City Council is authorized to request the consolidation of this election with the Gubernatorial General election to be held on November 8, 2022; and
WHEREAS, pursuant to the Election Code of the State of California, Section 10401, the Stanislaus County Board of Supervisors is authorized to order said consolidation; and WHEREAS, the City of Patterson will hold an election on November 8, 2022, for the purpose of electing a Mayor at Large (2-Year Full Term) and two Councilmembers; one from District B, and one from District D (4-Year Full Terms); and WHEREAS, the City of Patterson respectively requests that the Stanislaus County Registrar of Voters, Elections Division furnish all other services, facilities, supplies, equipment, etc. necessary for the election; and
WHEREAS, the City of Patterson City Clerk/Elections Official’s Office will be responsible for issuing/collecting election information, publishing the Notice of Election, the Nominees for Public Office, etc.; and
WHEREAS, the City of Patterson will reimburse the County of Stanislaus for all actual costs for services performed to conduct the municipal election on behalf of the City; and WHEREAS, all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections; and WHEREAS, the City Council hereby requests that the municipal election commended herein be consolidated with the gubernatorial general election which will be held on November 8, 2022, and that copies of this resolution, as adopted herein, be filed with the Stanislaus County Board of Supervisors and the Stanislaus County Elections Official.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson that it hereby formally requests from the Board of Supervisors of Stanislaus County, California, to consolidate the City of Patterson, Districts B and D (4-Year Full Terms) and Mayor at Large (2-Year Full Term) Being Up this November 8, 2022 Election, with the County’s (Gubernatorial) General Election to be Held on November 8, 2022, requesting the Services of the Registrar of Voters, Elections Division of the County of Stanislaus to Conduct the Election of Behalf of the City of Patterson.

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Attachment: Resolution No. 2022-34 Request Consolidate w-County Gubernatorial Election, Nov. 8, 2022 (Resolution No. 2022-34 Calling and The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson held on the 21st day of June 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
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 21st day of June 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. 2022-34 Request Consolidate w-County Gubernatorial Election, Nov. 8, 2022 (Resolution No. 2022-34 Calling and 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: June 21, 2022
ITEM NO: 5.8
SUBJECT: Accept all bids for the Well Site No. 14 Production Well Project, award construction to Conco West, Inc., authorize Staff to execute the Contract and approve all other documents.

RECOMMENDATION
Accept all bids for Well Site No.14 Production Well Project, award construction to Conco West, Inc., authorize Staff to execute the Contract and approve all other documents.

BACKGROUND
The City currently relies on seven wells for its potable water supply. The proposed Well #14 will play a critical role in keeping the City’s water supply system operating in the most reliable and efficient manner possible. The project site is located on approximately 1/2 acres off of Sycamore Avenue, within the Villages of Patterson development area. The well site is currently surrounded by agricultural land and some ranch homes, but a subdivision has been approved to be constructed around the site's perimeter.

ANALYSIS
In general, the Work consists of installing and sealing a conductor casing, drilling a hole to a depth of 555 feet, running an electric log and caliper log, and constructing, developing, and installing a 545-foot-deep public water supply production well, using the reverse rotary drilling method as necessary to complete the potable well bore hole. In addition, a complete building will be constructed to encompass the well, all mechanical appurtenances, and electrical components as described in the approved Plans and Specifications for this project.

Well Site No. 14 Production Well Project was advertised for construction on April 21, 2022.

5.8 Packet Pg. 84
This project was advertised on CIP List, the City’s website, and the Patterson Irrigator Newspaper. Bid opening was held on May 26, 2022 at 2:00 pm. The City received two (2) bids for this project. The two bids received are listed below from lowest to highest:

Conco West, Inc. $3,920,805.00
Auburn Constructors, LLC $3,952,300.00
After reviewing the bid documents, Conco West, Inc. was deemed the lowest responsible bidder.

FISCAL IMPACT
This project is being funded through Water Capital Funds.

Funding for this project is as follows:
$ 3,920,805.00 Construction Funding
$392,080.50 Contingency @ 10%
$ 4,312,885.50 Total Construction Costs

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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: June 21, 2022
ITEM NO: 5.9
SUBJECT: Approve Resolution No. 2022-35, Approving a list of projects to be funded with Senate Bill (SB) 1 “The Road Repair and Accounting Act of 2017” and incorporate the List of Projects to appropriate revenues and expenditures in the Fiscal Year 2022-23 budget.

RECOMMENDATION
Motion to Approve Resolution No. 2022-35, Approving a list of projects to be funded with Senate Bill (SB) 1 “The Road Repair and Accounting Act of 2017” and incorporate the List of Projects to appropriate revenues and expenditures in the Fiscal Year 2022-23 budget.

BACKGROUND
On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. The primary focus of this Bill is to address basic road maintenance, rehabilitation, and critical safety needs on both the state highways and local streets and roads systems. One of the criteria for funding requires cities to submit an approved project list to the California Transportation Commission (CTC) yearly. The proposed project list must be adopted by the City Council and included in the Fiscal Year 2022-23 budget to be eligible for funding.

The State Controller’s Office will deposit various portions of this funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). These funds will be distributed to the State, Counties, and Cities in monthly installments. The estimated funding for the City of Patterson is $531,207 for Fiscal Year 21-22. Exhibit A and Exhibit B are the project lists developed to utilize the proposed funds. This project list includes various forms of street rehabilitation on roads throughout the City. Actual work done from the list will depend on the amount of funding received. City Staff had estimated revenue from SB 1 to be $531,207. This

5.9 Packet Pg. 86
amount will be included into the approved budget for Fiscal year 2022-23.

The proposed project list must be adopted by Council as part of our budget to be eligible for funding. In order to take full advantage of this funding, staff is seeking Council approval of a list of proposed projects and the necessary budget adjustments.

ANALYSIS
The objective of the program is to address deferred maintenance on the local streets and roads system. Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, the City must submit to the Commission a list of proposed projects.

FISCAL IMPACT
The City estimates receiving the full apportionment of RMRA funding for FY 2022-23 in the amount of $531,207. The RMRA funds do require a Maintenance of Effort (MOE) from the City based on General Fund spending for street, road, and highway purposes. City staff is currently working with the State to comply with MOE requirements.

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1 1 RESOLUTION NO. 2022-35
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, 4 ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-2023 TO BE FUNDED 5 WITH SENATE BILL (SB) 1 “THE ROAD REPAIR AND ACCOUNTING ACT OF 6 2017” AND INCORPORATE THE LIST OF PROJECTS TO APPROPRIATE 7 REVENUES AND EXPENDITURES IN THE FISCAL YEAR 2022-23 BUDGET 8 9 WHEREAS Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 10 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the 11 Governor in April 2017 to address the significant multi-modal transportation funding 12 shortfalls statewide; and
13 WHEREAS, SB 1 includes accountability and transparency provisions that will 14 ensure the residents of the City of Patterson are aware of the project proposed for funding 15 in our community and which projects have been completed each fiscal year, and 16 WHEREAS, the City of Patterson must adopt by resolution a list of projects 17 proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation 18 Account (RMRA), created by SB 1, which must include a description and the location of 19 each proposed project, a proposed schedule for the project’s completion, and the 20 estimated useful life of the improvement; and
21 WHEREAS, the City of Patterson will receive an estimated $531,207 in (RMRA) 22 funding in Fiscal Year 2022-23 from SB 1; and
23 WHEREAS this is the sixth year in which the City of Patterson is receiving SB 1 24 funding and will enable the City of Patterson to continue essential road maintenance and 25 rehabilitation projects, safety improvements, repairing and replacing aging bridges, and 26 increasing access and mobility options for the traveling public that would not have 27 otherwise been possible without SB 1; and

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Attachment: Resolution No. 2022-35 SB1 RMRA 22-23 (Resolution No. 2022-35, Approve Senate Bill (SB) 1 Project List) 2 1 WHEREAS, the City of Patterson has undergone a robust public process to ensure 2 public input into our community’s transportation priorities/the project list; and 3 WHEREAS, the City of Patterson used a Pavement Management System to 4 develop the SB 1 project list to ensure revenues are being used on the most high-priority 5 and cost-effective projects that also meet the communities priorities for transportation 6 investment; and
7 WHEREAS, the funding from SB 1 will help the City of Patterson maintain and 8 rehabilitate streets/roads, throughout the City of Patterson, as detailed on the attached 9 project list, this year and 2023 of similar projects into the future; and 10 WHEREAS, the 2020 California Statewide Local Streets and Roads Needs 11 Assessment found that the City of Patterson’s streets and roads on average are of fair 12 condition and this revenue will help us increase the overall quality of our road system and 13 over the next decade will bring our streets and roads into a good condition; and 14 WHEREAS, the SB 1 project list and overall investment in our local streets and 15 roads infrastructure with a focus on basic maintenance and safety, investing in complete 16 streets infrastructure, and using cutting-edge technology, materials, and practices, will 17 have significant positive co-benefits statewide.
18 19 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by 20 the City Council of the City of Patterson, State of California, as follows:
21 1. The foregoing recitals are true and correct.
22 23 2. The following list of proposed projects will be funded in-part or solely with 24 fiscal year 2022-23 Road Maintenance and Rehabilitation Account revenues: the 25 proposed project list and required information is identified in Exhibit A; and 26 5.9.a
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Attachment: Resolution No. 2022-35 SB1 RMRA 22-23 (Resolution No. 2022-35, Approve Senate Bill (SB) 1 Project List) 3 1 3. The following previously proposed and adopted projects may utilize fiscal 2 year 2022-23 Road Maintenance and Rehabilitation Account revenues in their 3 delivery. With the relisting of these projects in the adopted fiscal year resolution, 4 the City of Patterson is reaffirming to the public and the State our intent to fund 5 these projects with Road Maintenance and Rehabilitation Account revenues: the 6 proposed previously proposed list and required information is identified in Exhibit 7 B;
8 PASSED AND ADOPTED by the City Council of the City of Patterson, State of California this 21st 9 day of June 2022, the foregoing resolution was passed by the 10 City Council at a regular meeting held on the June 21, 2022, by 11 ________________ who moved its adoption, which motion was duly seconded by 12 ________________, and the resolution adopted by the following roll call vote:
13 AYES:
14 NOES:
15 EXCUSED:
16 17 APPROVED:
18 19
20 ____________________________________________
21 Dennis McCord
22 Mayor of the City of Patterson
23 24
25 26
27 28
29 30
31 5.9.a
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Attachment: Resolution No. 2022-35 SB1 RMRA 22-23 (Resolution No. 2022-35, Approve Senate Bill (SB) 1 Project List) 4 1 ATTEST:
2 3
4 ____________________________________________
5 Aracely Alegre
6 City Clerk of the City of Patterson
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 I hereby certify that the foregoing is a full, correct and true copy of a 22 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 21st 23 day of 24 June 2022, and I further certify that said resolution is in full force and effect and has never 25 been rescinded or modified.
26 DATED:
27 28 ____________________________
29 City Clerk of the City of Patterson
30 31
32 5.9.a
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Attachment: Resolution No. 2022-35 SB1 RMRA 22-23 (Resolution No. 2022-35, Approve Senate Bill (SB) 1 Project List) Title Projects Description-From Description-To Type Description Est Useful Life Min Est Useful Life Max Est Start Est Completion Ward Avenue Overlay Ward Avenue Las Palmas Ave N. 9th Street 2.5" AC Overlay 2.5" AC Overlay 10 15 1-Jul-2023 30-Sep-2024 City Slurry Seal and
Crack Seal Various Locations Various Locations Various Locations Slurry Seal and Crack Seal Slurry Seal and Crack Seal 5 7 1-Mar-2023 1-Sep-2023

CITY OF PATTERSON
SB1 Plan Project List (FY 2022/23)
EXHIBIT "A" NEW PROJECTS

5.9.b
Packet Pg. 92
Attachment: SB1 Project List 22-23-Exhibit A (Resolution No. 2022-35, Approve Senate Bill (SB) 1 Project Projects - Street Description-From Description-To Type Description Est Useful Life Min Est Useful Life Max Est Start Est Completion Sperry Avenue American Eagle Ave Ward Avenue 2.5" AC Overlay 2.5" AC Overlay 10 15 1-Apr-2023 30-Sep-2023

CITY OF PATTERSON
SB1 Plan Project List (FY 2022/23)
EXHIBIT "B" CARRYOVER PROJECTS

5.9.c
Packet Pg. 93
Attachment: SB1 Project List 22-23-Exhibit B (Resolution No. 2022-35, Approve Senate Bill (SB) 1 Project 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: June 21, 2022
ITEM NO: 5.10
SUBJECT: Approve Resolution No. 2022-36, Accepting as complete, the Patterson Aquatic Center Pool Resurfacing Project: located at 1025 W Las Palmas Ave, Patterson, Authorizing Staff to File the Notice of Completion and Commence the One-Year Warranty Period.

RECOMMENDATION
Motion to Approve Resolution No. 2022-36, Accepting as complete, the Patterson Aquatic Center Pool Resurfacing Project: located at 1025 W Las Palmas Ave, Patterson, Authorizing Staff to File the Notice of Completion and Commence the One-Year Warranty Period.

BACKGROUND
The Patterson Aquatic Center started operations in 2005 and has served thousands of people since then. As confirmed by the outstanding attendance, the Patterson Aquatic Center has provided tremendous recreation, leisure, education, and many fun times since opened to the public. The 16 years of use, however, has taken the toll on the Aquatic Center, particularly the pool. The major issues of the pool were the conditions of the plaster, tiles, handrails, and the stairs were not ADA complaint. In addition, the signage and depth markers were not in compliance with current industry codes.

The pool’s plaster started to break apart in large chunks in various locations. The plaster forms a protective layer between the water and gunite shell. When the plaster breaks down, water migrates between the plaster and the gunite, which leads to more damage and causes the water to leak from the pool’s shell, compromising the reinforcement of the steel that maintains the structural integrity of the pool’s shell. The tiles around the pool are non-slip tiles but with years of usage have become slippery and unsafe. The shallow entry of the stairs was not ADA compliant and was extended to meet ADA requirements. The signage and markers around the

5.10 Packet Pg. 94
pool were removed and replaced to meet current industry safety and standards.

The total cost for construction resurfacing was $331,818.00.

The City received a request from the Contractor, Burkitt’s Pool Plastering Inc., to be placed on the City Council agenda for acceptance of the Patterson Aquatic Center Pool Resurfacing Project: located at 1025 W Las Palmas Ave, Patterson, CA 95363. City personnel including members of Engineering and Public Works, as well as the Contractor, have conducted a final inspection and the project is ready for Council acceptance.

ANALYSIS
Once the project is accepted by the City Council as complete, the One-Year Warranty Period will begin, and the Notice of Completion will be recorded.

FISCAL IMPACT
There is no fiscal impact associated with this item.

5.10 Packet Pg. 95
1 1 RESOLUTION NO. 2022-36
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, 4 ACCEPTING THE PATTERSON AQUATIC CENTER POOL RESURFACING:
5 LOCATED AT 1025 W LAS PALMAS AVE PROJECT AS COMPLETE, 6 AUTHORIZING STAFF TO FILE THE NOTICE OF COMPLETION
7 8
9 WHEREAS, the Contractor, “Burkett’s Pool Plastering, Inc.,” has completed all 10 work for the Patterson Aquatic Center Pool Resurfacing Project: located at 1025 W Las 11 Palmas Ave, Project in accordance with the contract requirements and plans and 12 specifications; and
13 WHEREAS, the City has inspected the work and recommends that the project be 14 accepted as complete.
15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 16 Patterson that it hereby accepts the project as complete, directs the City Clerk of the 17 City of Patterson to file the Notice of Completion on behalf of the City of Patterson and 18 release the Final Retention Payment for the project. 19 The foregoing resolution was passed by the City Council at a regular meeting 20 held on June 21, 2022, by _________________who moved its adoption, which motion 21 was duly seconded by _______________, and the resolution adopted by the following 22 roll call vote:
23 24 AYES:
25 NOES:
26 EXCUSED:
27 28
29 30
31 32

5.10.a
Packet Pg. 96
Attachment: Resolution No. 2022-36 NOC Patterson Aquatic Pool (Approve Resolution No. 2022-36, Accepting as complete the Patterson 2 1 APPROVED:
2 3
4 5 Dennis McCord
6 Mayor of the City of Patterson
7 8 ATTEST:
9 10
11 _____________________________________
12 Aracely Alegre
13 City Clerk of the City of Patterson
14 15
16 17
18 19
20 I hereby certify that the foregoing is a full, correct, and true copy of a resolution 21 passed by the City Council of the City of Patterson, a Municipal Corporation of the 22 County of Stanislaus, State of California, at a regular meeting held on the 21st day of 23 June 2022, and I further certify that said resolution is in full force and effect and has 24 never been rescinded or modified.
25 DATED:
26 27 ___________________________________
28 City Clerk of the City of Patterson
29 5.10.a
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Attachment: Resolution No. 2022-36 NOC Patterson Aquatic Pool (Approve Resolution No. 2022-36, Accepting as complete the Patterson Recording Requested By:

CITY OF PATTERSON
When Recorded Mail To:

City Clerk’s Office
City of Patterson
P.O. Box 667
Patterson, CA 95363
SPACE ABOVE THIS LINE FOR RECORDER’S USE

CITY OF PATTERSON

NOTICE OF COMPLETION
(Resolution Attached)
Notice is hereby given that:

1. The undersigned is a representative of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is the City of Patterson.

3. The full address of the owner is 1 Plaza, Patterson, CA 95363.

4. The nature of the title of the owner is In Fee.

5. A work of improvement on the property hereinafter described was completed on June 21, 2022

6. The name of the contractor, for such work of improvement was Burketts’s Pool Plastering.Inc.

7. The nature of the work of improvement was Resurfacing the Patterson Aquatic Center Pool

8. The property on which said work of improvement was completed is in the city of Patterson, County of Stanislaus, State of California, and is described as follows: the Patterson Aquatic Center Pool Project

9. The street address of said property is 1025 W Las Palmas Ave, Patterson, CA 95363 I, Fernando Ulloa, declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct.

Signing on behalf of City of Patterson
Dated: ____________ By
Fernando Ulloa, City Engineer
VERIFICATION:

I, Fernando Ulloa , the undersigned, declare under penalty, under the laws of the State of California that I am the owner, or agent to the owner, of the interest or estate in the property described in the above notice; that I have read the notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Executed on ________________________, at Patterson, California. (date)
Signing on behalf of City of Patterson
Fernando Ulloa, City Engineer, City of Patterson

5.10.b
Packet Pg. 98
Attachment: NOC Pattersons Aquatic Pool Resurfacing 6.21.2022 (Approve Resolution No. 2022-36, Accepting as complete the Patterson 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: June 21, 2022
ITEM NO: 5.11
SUBJECT: Approve Resolution No. 2022-37 Approving the Subdivision Improvement Agreement and to Accept Final Maps for the Baldwin Ranch North Subdivision Located in the West Patterson Business Park Master Development Plan.

RECOMMENDATION
Motion to Approve Resolution No. 2022-37 Approving the Subdivision Improvement Agreement and to Accept Final Maps for the Baldwin Ranch North Subdivision Located in the West Patterson Business Park Master Development Plan.

BACKGROUND
The Baldwin Ranch North subdivision is located within the West Patterson Business Park Master Development Park. Baldwin Ranch North consists of approximately 90.4 gross acres subdivided into 451 lots. Baldwin Ranch Development, LLC is the developer of the Baldwin Ranch North subdivision, herein after referred as (“Developer”). Developer will develop Baldwin Ranch North in accordance with all City Standards, Specifications and Approved Plans. This Resolution would approve the Subdivision Improvement Agreement and accept the Final Maps for the Baldwin Ranch North - Units 1-4 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 Baldwin Ranch North in 2020. Pursuant to Developer’s conditions of approval, Developer is required to install certain

5.11 Packet Pg. 99
public improvements to support the orderly development of the property, including but not limited to, streets, water mains, sanitary sewers, storm drain systems, storm basin, sidewalks, parks, 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 Baldwin Ranch North, Units 1-4 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 Baldwin Ranch North, Units 1- 4, 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 Baldwin Ranch North subdivision.

5.11 Packet Pg. 100
RESOLUTION NO. 2022-37

A RESOLUTION OF THE PATTERSON CITY COUNCIL

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND
ACCEPTING FINAL MAP(S) FOR THE BALDWIN RANCH NORTH UNITS 1-4

SUBDIVISION LOCATED IN THE WEST PATTERSON BUSINESS PARK MASTER DEVELOPMENT PLAN (APN’s: 021-098-007, 021-098-008, 021-098-009 & 021-098-010) WHEREAS, Baldwin Ranch Development, LLC (“Developer”) own tracts of land consisting of approximately 90.4 gross acres in the City of Patterson (“City”) known as the “Baldwin Ranch North” subdivision. Baldwin Ranch North is located within the West Patterson Business Park Master Development Plan (“Master Development Plan”); and WHEREAS, on November 11, 2020, the City adopted Resolution 2020-49, which approved a number of entitlements relating to the Baldwin Ranch Development area, including but not limited to, Tentative Subdivision Map (“Tentative Map”); and WHEREAS, on December 21, 2021, the City Council adopted an Ordinance No. 859, approving the Baldwin Ranch Development Agreement (“Development Agreement”)by and between the City of Patterson and Baldwin Ranch Development, LLC, and approved the second reading of Ordinance 859 on January 18, 2022; and
WHEREAS, Developer has submitted Final Map(s) for Baldwin Ranch North, Units 1-4 to City for acceptance and recording; and
WHEREAS, in order for the City to accept and record the Final Map(s) for Baldwin Ranch North, Units 1-4, 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; 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 Baldwin Ranch North, Units 1-4.

NOW, THEREFORE, BE IT RESOLVED that the Patterson City Council hereby approves the attached Subdivision Improvement Agreement with Developer, authorizes the City

5.11.a
Packet Pg. 101 Attachment: Resolution No. 2022-37 Baldwin Ranch North SIA & Final Maps (Resolution No. 2022-37 Baldwin Ranch North - SIA & FM) Manager to execute and perform all acts pursuant to the Subdivision Improvement Agreement, approves the acceptance and recording of the Final Map(s) for Baldwin Ranch North, Units 1- 4, 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 21ST DAY OF JUNE 2022, 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
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 21st day of June 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATE:
______________________________
City Clerk of the City of Patterson

5.11.a
Packet Pg. 102 Attachment: Resolution No. 2022-37 Baldwin Ranch North SIA & Final Maps (Resolution No. 2022-37 Baldwin Ranch North - SIA & FM)

EXHIBIT A

SUBDIVISION IMPROVEMENT AGREEMENT
BALDWIN RANCH NORTH – UNITS 1-4

5.11.a
Packet Pg. 103 Attachment: Resolution No. 2022-37 Baldwin Ranch North SIA & Final Maps (Resolution No. 2022-37 Baldwin Ranch North - SIA & FM) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Saadiah Ryan, Finance Director
MEETING DATE: June 21, 2022
ITEM NO: 5.12
SUBJECT: Approve Resolution No. 2022-39 Setting the Appropriations Limit for Fiscal Year 2022-23.

RECOMMENDATION
Motion to Approve Resolution No. 2022-39 Setting the Appropriations Limit for Fiscal Year 2022-23.

BACKGROUND
Annually, the City is required to prepare a statement of Appropriations Limit in compliance with Section XIIIB of the California Constitution and Section 7910 of the California Government Code. The attached and supporting documentation provides for this annual declaration.

While Proposition 13 has limited property tax revenue, the effect of Proposition 4 is to restrict the spending from taxes collected. This does not include user fees, non General Fund activity, Enterprise Fund activity, debt service and capital outlay.

ANALYSIS
The Appropriations Limit is the calculation combining per-capita personal income change and population growth. It restricts the ability to receive and appropriate proceeds of taxes. Exhibit “A” shows the calculation. The 2022-23 Appropriations Limit is $69,708,272. This is a 9.95% increase over last year $63,400,917. This increase is attributed to the combined factors of the

7.55% per capita income growth and the 1.22% increase in the population of the City of Patterson.

5.12 Packet Pg. 104
The Appropriations Subject to Limitation are generally those appropriations to expend proceeds of taxes (not including numerous exclusions). The amount for 2022-23 is $21,552,905 (Exhibit “B”). The Appropriations Subject to Limitations may not exceed the Appropriations Limit. This presents no problem for the City of Patterson.

5.12 Packet Pg. 105

FISCAL IMPACT
This action has no fiscal impact.

Appropriation Change Change Change
Subject to
%% Factor
Appropriation
Limit
Limitation Pop CPI
2022-23 69,708,272 21,552,905 1.22% 7.55% 1.0994%
2021-22 63,400,917 14,914,672 1.67% 5.73% 1.0644%
2020-21 59,565,836 12,570,821 1.44% 3.73% 1.0419%
2019-20 57,172,365 12,958,735 1.49% 3.85% 1.0539%
2018-19 54,244,587 11,904,716 1.27% 3.67% 1.0499%
Appropriation Limit Table
City of Patterson

5.12.a
Packet Pg. 106 Attachment: Staff Report Appropriations FY23 (Resolution No. 2022-39 Setting the Appropriations Limit for Fiscal Year 2022-23) RESOLUTION NO. 2022-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PATTERSON, SETTING THE APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2022-2023
WHEREAS, annually, the City of Patterson is required to prepare a statement of appropriations limit in compliance with Section XIIIB of the California Constitution and Section 7910 of the California Government Code; and WHEREAS, new price and population factors have been established for determining the City’s appropriation limit.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Patterson that:
(1) said appropriation limit for fiscal year 2022-2023 is $69,708,272. The total appropriations subject to limitation is $21,552,905. (2) in the computation of such limitation, the price factor used is the percentage change in California per capita personal income over the prior year, or

7.55%;
(3) in the computation of such limitation, the population factor used is the percentage change in the City of Patterson’s population over the prior year, or

1.22%.

PASSED, APPROVED AND ADOPTED this 21st day of June, 2022, by the City Council of the City of Patterson in the State of California by the following roll call vote:

AYES:

NOES:

EXCUSED:

APPROVED:

Dennis McCord, Mayor
City of Patterson
ATTEST:

Aracely Alegre, City Clerk
City of Patterson

5.12.b
Packet Pg. 107 Attachment: Resolution No. 2022-39 Appropriations Limit FY2023 (Resolution No. 2022-39 Setting the Appropriations Limit for Fiscal Year 2022- 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, held on the 21th day of June 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

5.12.b
Packet Pg. 108 Attachment: Resolution No. 2022-39 Appropriations Limit FY2023 (Resolution No. 2022-39 Setting the Appropriations Limit for Fiscal Year 2022- Exhibit A
City of Patterson
Appropriations Limit Calculation
Fiscal Year 2022-23
I. Calculation of Appropriations Limit:

Fiscal Year 2021-2022 Appropriations Limit $63,400,917
a. CPI Factor (change in California per capita income) 1.0755 * b. Population Factor (Change in County population) 1.0223 * Change Factor (a. x b.) 1.09948365
Fiscal Year 2022-2023 Appropriations Limit $69,708,272
II. Calculation of appropriations subject to the Appropriations Limit:

Fiscal Year 2022-2023 Budgeted General Fund Revenue $27,002,549 Less: Non-proceeds of taxes ($5,449,643)
Total FY 2022-2023 appropriations subject to the Appropriations Limit: $21,552,905 Remaining Capacity $48,155,366
The City of Patterson, in compliance with Article XIII-B of the California Constitution (Proposition 4, which was passed in 1979) and Section 7910 of the California Government Code, hereby establishes the City of Patterson’s Appropriation Limit for the Fiscal Year of 2022-23 to be $69,708,272.

The Appropriations Limitation imposed by Propositions 4 and 11 creates a restriction on the amount of revenue that can be appropriated in any fiscal year. The limit is based on the actual appropriations during the 1978-79 fiscal year (base year established by Proposition 13) and is increase each year using the growth of population and inflation. The restricted revenue are those defined as “proceeds of taxes”. This means that even though an agency may collect a large amount of tax, it can not appropriate more than the established limit. Problems can arise when there is a strong flow of tax revenue and the population and/or inflation figures remain constant (or even go down). In this situation, an agency will be required to return the excess tax proceeds.

The City of Patterson’s limit is $69,708,272 while the proceeds of taxes (appropriations subject to limit) amounted to $21,552,905.

5.12.c
Packet Pg. 109 Attachment: Appropriation FY23_ Calc Exhibit A (Resolution No. 2022-39 Setting the Appropriations Limit for Fiscal Year 2022-23) CITY OF PATTERSON Exhibit B
Proceeds of Taxes Calculation
Fiscal Year 2022‐2023
Proceeds of taxes
Non‐proceeds
of taxes  Total revenue
Operating Revenue:
100‐000‐5001 Property Tax ‐ Current Secured 3,828,991                   3,828,991 100‐000‐5002 Property Tax ‐ Current Unsecured 191,519                      191,519 100‐000‐5004 Property Tax ‐ Delinquent 6,618                          6,618 100‐000‐5006 Property Tax ‐ Supplemental 75,004                        75,004 100‐000‐5007 Property Tax ‐ Miscellaneous 491                              491 100‐000‐5010 Real Estate Transfer Tax 154,830                      154,830 100‐000‐5020 Sales & Use Tax 12,992,926                 12,992,926 100‐000‐5021 Sales & Use Tax‐PubSaf (Prop172) 88,370                        88,370 100‐000‐5025 Transient Occupancy Tax (TOT) 226,438                      226,438 100‐000‐5030 Franchise Fees 233,943                      233,943 100‐000‐5180 Cannabis Pilot Program 960,000                      960,000 Total Taxes 18,759,130                 ‐                        18,759,130 100‐000‐5100 Business License 117,788                      117,788 100‐000‐5102 CASp Program Fee 4,000                          4,000 100‐000‐5150 Building Permit ‐ Residential 625,264                625,264 100‐000‐5151 Building Permit ‐ Commercial 51,398                  51,398 100‐000‐5158 Abandoned Prop Registration 2,000                    2,000 100‐000‐5160 Plan Check 106,546                106,546
100‐000‐5161 Application Fee 35,000                  35,000 100‐000‐5170 Encroachment Permit 5,000                    5,000 100‐000‐5190 Other Licenses & Permits 3,000                    3,000 Total License & Permits 121,788                      828,207                949,996 100‐000‐5202 Motor Vehicle In‐lieu 2,636,249                   2,636,249 100‐000‐5206 FHA In‐lieu 1,300                          1,300 100‐000‐5208 Homeowner Property Tax Relief                        32,000 32,000 100‐000‐5260 Abandoned Vehicle 12,000                  12,000 100‐000‐5267 San Joaquin Air District Grant 100,000                100,000 100‐000‐5270 COPS ‐ AB 3229  SLESF 173,630                173,630 100‐000‐5273 FEMA Grant 900,000                900,000
100‐000‐5275 Grant County‐Tire Amnesty 5,010                    5,010 100‐000‐5277 State (Beverage) Grant 6,009                    6,009 100‐000‐5280 State Mandated Cost Reimb 15,000                  15,000 100‐000‐5285 Fire District Reimbursement 366,336                366,336 100‐000‐5286 Crossing Guard Reimbursement 90,662                  90,662 100‐000‐5296 Safer Grant ‐ Federal 339,793                339,793 100‐000‐5298 Prop 68 Grant ‐ State 310,000                310,000 100‐000‐5299 Urban Greening Grant ‐ State 1,559,510            1,559,510 Total Inter‐Governmental 2,669,549                   3,877,950            6,547,499

5.12.d
Packet Pg. 110 Attachment: Appropriation FY23_ Calc Exhibit B (Resolution No. 2022-39 Setting the Appropriations Limit for Fiscal Year 2022-23) CITY OF PATTERSON Exhibit B
Proceeds of Taxes Calculation
Fiscal Year 2022‐2023
Proceeds of taxes
Non‐proceeds
of taxes  Total revenue
100‐000‐5300 Administration Fee 80,361                  80,361 100‐000‐5305 Return Check Charge 4,000                    4,000 100‐000‐5306 Credit Check Fee 30                         30 100‐000‐5308 Copies & Maps 500                       500 100‐000‐5315 Rental Income 18,720                  18,720 100‐000‐5320 Plans & Specs 100                       100 100‐000‐5325 Park Reservation Fees 800                       800 100‐000‐5326 Senior Center Reservation Fee 14,500                  14,500 100‐000‐5327 Walnut Grove Facility Fees 950                       950 100‐000‐5328 Sports Complex Facility Fees 13,000                  13,000 100‐000‐5329 Accident Reports 4,000                    4,000 100‐000‐5330 Police Service‐Permit Processing 500                       500 100‐000‐5365 Weed  & Mistletoe Abatement 5,000                    5,000 100‐000‐5380 Fire Inspections 10,000                  10,000 100‐000‐5381 Fire Plan Review 10,000                  10,000 100‐000‐5382 Fire Permits 67,538                  67,538 100‐000‐5383 Fire Other 8,000                    8,000
100‐000‐5384 Charging Station Revenue 2,000                    2,000 Total Charges for Services ‐                               239,999                239,999 100‐000‐5405 Tiny Tots 4,960                    4,960
100‐000‐5415 Contract Programs 9,000                    9,000 100‐000‐5427 Youth Basketball 21,320                  21,320 100‐000‐5430 Youth Soccer 25,000                  25,000 100‐000‐5450 Adult Sports 6,600                    6,600 100‐000‐5473 Youth Commission/Development 1,500                    1,500 100‐000‐5472 School Reimbursement Pool Heating 18,600                  18,600 100‐000‐5475 New Programs 9,250                    9,250 100‐000‐5476 Special Events 5,800                    5,800 100‐000‐5478 Special Interest Classes 1,000                    1,000 100‐000‐5482 Swim Lessons 24,102                  24,102 100‐000‐5483 Open Swim Fees 31,503                  31,503 100‐000‐5484 Swim Team Revenue 9,660                    9,660 100‐000‐5488 Concession Stand 10,000                  10,000 100‐000‐5489 Day Camp 28,875                  28,875
100‐000‐5490 Recreation Reimb ‐ Training 500                       500 100‐000‐5491 Facility Reservation Fees 500                       500 100‐000‐5492 Advertising Fees 1,000                    1,000 Total Recreation ‐                               209,170                209,170

5.12.d
Packet Pg. 111 Attachment: Appropriation FY23_ Calc Exhibit B (Resolution No. 2022-39 Setting the Appropriations Limit for Fiscal Year 2022-23) CITY OF PATTERSON Exhibit B
Proceeds of Taxes Calculation
Fiscal Year 2022‐2023
Proceeds of taxes
Non‐proceeds
of taxes  Total revenue
100‐000‐5500 Fines ‐ Parking 50,000                  50,000 100‐000‐5501 Fines ‐ Traffic/Booking Fees 23,000                  23,000 100‐000‐5502 Fines ‐ Cannabis 5,000                    5,000 100‐000‐5506 Forfeiture ‐ Stored Vehicle 20,000                  20,000 100‐000‐5520 Code Enforcement 7,000                    7,000 Total Fines & Forfeitures ‐                               105,000                105,000 100‐000‐5789 Grading Permit 8,000                    8,000 100‐000‐5790 Miscellaneous Revenue 40,000                  40,000 100‐000‐5792 Miscellaneous Rev‐ Recreation 1,500                    1,500 100‐000‐5793 CPR/First Aid Revenue 4,200                    4,200 100‐000‐5794 Salary Reimbursements 10,000                  10,000 100‐000‐5795 Miscellaneous Reimbursements 20,000                  20,000 100‐000‐5796 Public Works Reimbursement 5,000                    5,000 100‐000‐5798 Solar Rebate ‐ TID 10,000                  10,000 100‐000‐5801 Salary Reimbursement ‐ Fire Dept 90,000                  90,000 Total Investments/Other ‐                               188,700                188,700 TOTAL REVENUE‐FUND 100 21,550,467                 5,449,026            26,999,494 Percentage of Total 79.82% 20.18% 100.00%
100‐000‐5600 Interest Income 2,438                          617                       3,055 5,449,643 21,552,905            27,002,549

5.12.d
Packet Pg. 112 Attachment: Appropriation FY23_ Calc Exhibit B (Resolution No. 2022-39 Setting the Appropriations Limit for Fiscal Year 2022-23) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Joel Andrews, Interim Community Development Director MEETING DATE: June 21, 2022
ITEM NO: 5.13
SUBJECT: Adoption of Resolution Nos. 2022-40 and 2022-41 Authorizing the City Manager to Execute a One-Year and a Three-Year Consortium Agreement with Stanislaus County for Participation in the HOME Investment Partnership Program administered by the U.S. Department of Housing and Urban Development (H.U.D.)

RECOMMENDATION
Staff recommends that the City Council adopt Resolution Nos. 2022-40 and 2022-41 authorizing the following:

1. The City Council hereby approves and authorizes the City Manager to execute the One-Year HOME Investment Partnership Consortium Agreements with the County and participating Cities to enable joint participation in HUD's HOME program.

2. The City Council hereby approves and authorizes the City Manager to execute the Three-Year HOME Investment Partnership Consortium Agreement with the County and participating Cities to enable joint participation in HUD's HOME Program.

3. The City Manager is authorized and to act on behalf of the City in connection with the implementation of the Consortium Agreement, ongoing operation of the HOME Program and other activities necessary to carry out the intent of the Consortium Agreements.

BACKGROUND

5.13 Packet Pg. 113
Stanislaus County ("County") and the City of Patterson ("City") desire to participate in the HOME Investment Partnership Program administered by the U.S. Department of Housing and Urban Development. The program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households.

ANALYSIS
HUD requires that the parties enter into a Consortium Agreement for participation in the HOME Investment Partnership Program for the periods of time from October 1, 2022 to September 30, 2023 and from October 1, 2023 to September 30, 2026, to define their rights and obligations as a participant in the Program.

The proposed Consortium Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing.

The proposed Consortium Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the U.S. Department of Housing and Urban Development's HOME Investment Partnership Program; thus, making available funds for a variety of housing, economic development, and public services programs not otherwise available.

The City and County enter into yearly subrecipient agreements which establish administrative policies and procedures, performance standards, and guidelines for funding specific programs and projects.

The proposed Consortium Agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act ("CEQA").

FISCAL IMPACT
There is no impact to the City General Fund as all program delivery and administrative costs will be funded through the HOME Program allocation.

5.13 Packet Pg. 114
RESOLUTION NO. 2022 - 40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON

APPROVING THE HOME INVESTMENT PARTNERSHIP CONSORTIUM

AGREEMENT
WHEREAS, the County of Stanislaus (“County”), a political subdivision of the State of California, and the City of Patterson (“City”) a municipal corporation, desire to participate in the HOME Investment Partnership Program administered by the U.S. Department of Housing and Urban Development (“HUD”); and
WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderateincome households; and WHEREAS, HUD requires that the parties enter into a Consortium Agreement for participation in the HOME Investment Partnerships Program for the period of time from October 1, 2022 to September 30, 2023 to define their rights and obligations as a participant in the Program; and WHEREAS, the proposed Consortium Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and
WHEREAS, the proposed Consortium Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the U.S. Department of Housing and Urban Development’s HOME Investment Partnership program; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available; and
WHEREAS, the City and County enter into yearly subrecipient agreements which establish administrative policies and procedures, performance standards, and guidelines for funding specific programs and projects; and
WHEREAS, the proposed Consortium Agreement is not a “project” for purposes of compliance with the provisions of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Patterson, California, as follows:

1. The City Council hereby approves and authorizes the City Manager to execute the HOME Investment Partnership Consortium Agreement with the County and participating Cities to enable joint participation in HUD’s HOME program in the form attached hereto as Exhibit “A”.

2. The City Manager is authorized and to act on behalf of the City in connection with the implementation of the Consortium Agreement, ongoing operation of the HOME program, and other activities necessary to carry out the intent of the Consortium Agreement.

5.13.a
Packet Pg. 115 Attachment: Resolution No. 2022-40 HOME Agreement 1 Year (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) On motion of __________________, seconded by __________________, and on 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
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 21st day of June 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATE:
______________________________
City Clerk of the City of Patterson

5.13.a
Packet Pg. 116 Attachment: Resolution No. 2022-40 HOME Agreement 1 Year (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 1 STANISLAUS

HOME INVESTMENT PARTNERSHIPS PROGRAM

CONSORTIUM AGREEMENT
One Year Agreement
October 1, 2022 To September 30, 2023
This Stanislaus Home Investment Partnerships Program Consortium Agreement (“Agreement”) is between the Cities of , Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford, each a municipal corporation of the State of California (individually a “City” and collectively, "Cities”) and Stanislaus County through its Department of Planning and Community Development (the “County”). The Cities and the County are collectively referred to herein as the “Consortium,” or the “Stanislaus HOME Consortium,” or the “Parties”; and, individually, “Consortium Member” or “Party”.

WHEREAS, Parties agree that it is desirable and in the interests of their citizens to secure approval by the federal government to be considered as a consortium under the federal HOME Program operated by the U.S. Department of Housing and Urban Development ("HUD") as authorized under the HOME Investment Partnerships Act, Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended (hereafter collectively referred to as the "Act"); and,
WHEREAS, Title II of the Act creates the Home Investment Partnerships Program (hereinafter “HOME") that provides funds to states and local governments for acquisition, rehabilitation, new construction of affordable housing, and tenant-based rental assistance; and WHEREAS, the Act provides that units of local government that are geographically contiguous may form a consortium for the purposes of receiving an allocation to participate in the HOME Investment Partnerships Program (hereinafter “HOME Program”) to be funded by HUD; and,
WHEREAS, the proposed level of federal funding is unlikely to provide grants to individual municipalities, but by cooperating in a consortium they may as a group become eligible participants in the HOME Program; and,
WHEREAS, the consortium of geographically contiguous local governments has notified HUD of their intention to participate in the HOME Program; and, WHEREAS, this Agreement constitutes an intergovernmental agreement under California law which meets the criteria pursuant to 24 CFR Part 92.101, and the Consortium Members are authorized to enter into and adopt this Agreement by their respective legislative bodies; and, WHEREAS, the Parties wish to enter into this Agreement to authorize the County to act in a representative capacity for the Cities for the purposes of ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of 24 CFR Part 92 (24 CFR

92.101(a)(2)(ii); and,
WHEREAS, under 24 CFR 92.101, the Consortium's qualification as a unit of general local government generally continues for a period of three successive federal fiscal years. As required

5.13.b
Packet Pg. 117 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 2 by applicable regulations, to align the Community Development Block Grant (hereinafter “CDBG”) and HOME qualification cycles, the parties agree that the term of this agreement shall for a period of one (1) year, from October 1, 2022 to September 30, 2023; NOW, THEREFORE, the Parties hereby enter into this Agreement for the purposes of receiving an allocation from the HOME Program and agree to cooperate to undertake or to assist in undertaking housing assistance activities for the HOME Program.

1. Consortium. This Consortium shall be known as the Stanislaus HOME Consortium. The Consortium Members agree to cooperate to undertake or assist in housing assistance activities for the HOME Program, and affirmatively support and enforce fair housing laws and regulations.

2. Lead Agency. The County shall be designated as Lead Agency of the Consortium to act in a representative capacity for all member units for the purposes of the HOME Program. The County will assume overall responsibility for ensuring that the Consortium’s HOME Program Activities are carried out in compliance with HOME rules, including requirements relating to the Consolidated Plan. No Member of the Consortium may obstruct the implementation of the Consortium’s approved Consolidated Plan.

3. Designated Representatives.
a. Each Consortium Member (i.e., the governing body or its designee) shall designate one individual from its staff to serve on the ad hoc Technical Committee and the ad hoc Ranking Panel (each, a “Designated Representative”). An alternate may be designated to serve if the Designated Representative is unable to attend. Each Designated Representative shall act on behalf of and in an advisory capacity to its respective jurisdiction. Additionally, each Consortium Member may select one (1) member of the public within its jurisdiction with experience and knowledge relating to affordable housing to serve on the ad hoc Ranking Panel (“Public Representatives”).
b. An ad hoc Technical Committee consisting of one (1) Designated Representative from the County and one (1) Designated Representative from each participating City will meet from time to time to review, aid in development, and provide recommendations on policies, procedures, and documentation required by HUD for the implementation and administration of the HOME Program. The Technical Committee will facilitate distribution of information to residents within the respective jurisdictions of the HOME Consortium concerning community housing needs and the opportunity to participate in the development of programs and priorities. c. An ad hoc Ranking Panel consisting of (1) representative from the County, one (1) Designated Representative from each participating City, and selected Public Representatives, will meet from time to time to review, evaluate, and rank proposals for designation of a CHDO and projects proposing to be funded with HOME funds. The Panel shall convene as determined necessary by the County. Panel rankings will be used by the County in making recommendations for allocation and awarding of funding. The representatives from local agencies shall be selected by the County with input from the Technical Committee.

5.13.b
Packet Pg. 118 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 3 4. One Year Qualification Period.
a. This Agreement is for funding HOME Program activities for the 2022/2023 federal fiscal years (October 1, 2022 to September 30, 2023) or until the HOME program funds for the one-year qualification period are closed out pursuant to 24 CFR 92.507, whichever is later. In accordance with 24 CFR 91.402, all units of general government that are Consortium Members must be on the same program year that starts on each July 1st for CDBG, HOME, and Emergency Solutions Grants programs (“ESG”).
b. Although the current qualification period for the Consortium is one (1) year, members have an obligation to abide by HOME requirements throughout the period of affordability for funded projects.

5. Program Year. The Program Year for the start date for the Consortium is the commencement of the fiscal year of the Consortium Members, which begins on July 1, 2022.

6. Consolidated Plan. The County, on behalf of this Consortium, shall submit to HUD a single, unified Consolidated Plan, which describes the Consortium’s strategy for addressing housing, homeless and supportive housing needs and Citizen Participation Plan. The Consortium shall also submit to HUD Annual Action Plans, Consolidated Annual Performance and Evaluation Reports (“CAPERs”) and other reports, as required by HUD. Per regulation, all Consortium plans and reports shall contain goals and accomplishments for the Consortium.

7. Allocation of Funds.
a. The Consortium Members shall be notified by the County of the availability of HOME Program funds for the Consortium. These funds shall be allocated to individual Consortium Members and will be required to be committed to an approved project within six (6) months from July 1 of each year, unless such deadline is extended by the County. An approved project shall be a project included within a HUD certified Annual Action Plan approved by the County. Funds will be considered committed if they are under a fully executed agreement that has been reviewed by and determined adequate by the County, and the environmental determination for the project has been certified by the County. All proposed projects will be submitted to the County for the upcoming fiscal year by January 1 of each year. A City shall not proceed to commit funds without the County’s approval of the project and completion of the environmental review.

If funds are not committed within the deadline established by the County, then the funds shall revert back to the County for use in an eligible HUD program as determined by the County. b. If a Consortium Member opts not to accept its annual pro rata share of available HOME Program funds, it must provide written notification to the County. The allocation will be redistributed among all remaining HOME Consortium Members per their pro rata share. A Consortium Member that returns its allocation remains a member of the Consortium. c. When a shared consultant/service provider is hired on behalf of the Consortium, the costs will be shared on a pro-rata basis. This share will be calculated based on the annual Consortium Members’ collective annual HOME allocation. Consortium Member’s pro-rata annual

5.13.b
Packet Pg. 119 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 4 HOME allocation will be reduced by each Consortium Member’s cost share. The decision to hire shared consultants/service providers shall be at the sole discretion of the County.

8. Program Income.
a. Program income must be deposited in the participating jurisdiction's HOME Investment Trust Fund local account unless the participating jurisdiction permits the subrecipient to retain the program income for additional HOME projects pursuant to the written agreement required by 24 CFR 92.503 and 504.
b. The County shall be responsible to track and determine the use of any Program Income it receives in accordance with applicable laws and regulations (See 24 CFR 92.503(a)).

9. Matching Funds. Each Consortium Member will be responsible for providing its pro-rata share of matching non-federal funds not previously used each time it makes a draw against its allocation of federal funds from the HOME Program (See 24 CFR 92.218).

10. Non-Appropriation. In the event funds are not appropriated to the HOME program, HUD guidance shall be followed. If grant closeout is required, the County will be responsible for grant close-out, and each City shall cooperate in the effort. The Consortium Members will be responsible for maintaining compliance on previous HOME-funded units.

11. County’s Responsibilities. Each City hereby authorizes the County to act on its behalf in any way required to comply with this Agreement and applicable laws and regulations. The County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis. The County agrees to:
a. Prepare the Consortium’s Five-Year Consolidated Plan and Annual Action Plans. b. Prepare the Consortium’s CAPER.
c. Prepare applications, request for proposals, and contract templates for Community Housing Development Organizations (“CHDO”). Publish Public Notices on CHDO funds. d. Monitor Consortium Members and CHDOs and prepare monitoring tools. The County has the right and responsibility to monitor and assure compliance with all HOME requirements during the project implementation and the affordability period. e. Coordinate/chair Consortium meetings, and prepare, maintain and disseminate agendas, minutes, and records.
f. Coordinate/chair public hearings and publish notices. g. Process agenda items (i.e., plans, intergovernmental agreements, contracts) through the Stanislaus County Board of Supervisors.

5.13.b
Packet Pg. 120 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 5 h. Submit Requests for Release of Funds documents to HUD on behalf of Consortium Members. Transmit Authority to Use Grant Funds documents from HUD to Consortium Members. i. Process project setups, revisions, and completion reports. j. Process reimbursement requests from County funds and process drawdowns from HUD.
k. Prepare Consortium financial reports and reconcile with HUD’s financial data. l. Calculate annual Consortium allocation.
m. Coordinate reallocation of funds when necessary.
n. Provide technical assistance to Consortium Members as needed. o. Facilitate audits and/or monitoring with HUD and State Auditor General. p. Maintain all applicable Stanislaus HOME Consortium application, implementation, and financial files for HOME and CHDO activities. In addition, the County will maintain all files associated with monitoring and reporting to HUD. The County will maintain these administrative and programmatic files according to the current applicable State and Federal record retention schedule and regulations.
q. Procure and contract with shared consultant/services. r. Maintain a Programmatic Agreement with the State Historic Preservation Office (“SHPO”) for Section 106 reviews per Part 58, contingent upon SHPO approval. s. Perform market study to determine annual HOME homeownership value limits and submit to HUD for approval.
t. Serve as the “Certifying Officer” with respect to environmental matters on all Consortium-funded projects. However, no funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request for release of funds and related certification, except as authorized by 24 CFR part 58. (24 CFR 92.352). u. The County shall receive and allocate administrative funds as set forth in applicable HOME regulations.

12. City Responsibilities. The Cities agree to:
a. Develop criteria for project selection and guidelines for implementation within HUD statutes and regulations.
b. Complete required reports for project set-up and completion; process Deeds of Trust.

5.13.b
Packet Pg. 121 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 6 c. Review and submit reimbursement requests for its sub-recipients. d. Track payments for each project, and submit reimbursement requests to the County for payment.
e. Provide information and data for the Consolidated Plan, Annual Action Plans, CAPERs and other reports as required by HUD by the date and in the format specified by the County.
f. Support the objectives of the Consortium’s Citizen Participation Plan and the Consolidated Plan.
g. Provide general project oversight for projects within the Consortium Member’s jurisdiction.
h. Attend and participate in the work of the ad hoc Consortium Technical Committee meetings and Review Panel meetings. Telephonic or attendance by video conferencing is acceptable.
i. Participate in Consortium training sessions for subrecipients as necessary. j. Assist the County in conducting appropriate environmental reviews for all projects in accordance with 24 CFR part 58.
k. Assist the County in completing appropriate environmental clearance documents for all projects, including CHDO projects, administered by the Consortium Member. l. Publish notices when appropriate. Consortium Members will submit any Request for Release of Funds documents to the County for review and forwarding to HUD. m. Submit all financial reimbursement requests, revisions, and completion reports to the County using the County’s approved forms. Each Consortium Member is responsible for requiring that each of its subrecipients follow the terms and conditions of this Agreement, the Project Agreements and the procedures and time involved for processing activity reimbursement approvals, draws, and payments. Each Consortium Member shall request drawdowns of funds from the County for all activities within its jurisdiction with proper documentation including proof of payment and updated match log. Each Consortium Member shall process and submit reimbursement requests in a timely manner and facilitate the reimbursement process by providing complete and accurate information.
n. Report, retain, account for, and expend program income generated in their jurisdictions per federal regulations.
o. Maintain all applicable application, implementation, financial, and program files.

The Consortium Member will maintain these administrative and programmatic files according to the current applicable State and Federal record retention schedule and regulations. No records shall be destroyed by a Consortium Member without obtaining prior written authorization from the County.

5.13.b
Packet Pg. 122 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 7 p. Monitor rental properties in respective jurisdictions at the specified intervals throughout the period of affordability and submit monitoring reports to the County. q. Carry out activities in compliance with HUD rules and regulations and the requirements of the HOME Program including the provisions of 24 CFR 92.504(c)(2). r. Notify the County of their willingness to participate in a Programmatic Agreement with SHPO for the Stanislaus HOME Consortium.
s. Act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all applicable Allocation Agreements, Subrecipient Agreements, and Grant Agreements (“Program Agreements”). Each City further agrees that it shall fully cooperate with the County in all things required by applicable law and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its regulations.

13. Compliance with Applicable Laws.
a. The Parties acknowledge and agree that some existing programs may need to be modified if they are to be carried out with HOME funds, but the Consortium’s activities do not impact CDBG-funded programs.
b. Each Consortium Member agrees to affirmatively further fair housing as required by 24 CFR Part 91.425(a)(1)(i) and agrees to participate in any HUD-required analysis of fair housing or assessment of fair housing. The Parties agree to comply with all applicable state and federal laws, rules, and regulations regarding equal opportunity, equal access, non-discrimination, and affirmative action.
c. The Consortium shall comply with applicable California open meeting (when applicable), public records, ethics laws and all other applicable laws and regulations. d. The environmental effects of activities carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The applicability of the provisions of 24 CFR part 50 or part 58 is based on the HOME project (new construction, rehabilitation, acquisition) or activity (tenant-based rental assistance) as a whole, not on the type of the cost paid with HOME funds. The County is the responsible entity for the environmental review and each City agrees to assist the County by securing all information and documentation relating to projects within their respective jurisdictions under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), if required, including paying for consulting services and technical evaluations, and providing the same to the County for final review and approval. e. Each Consortium Member must adopt and follow affirmative marketing procedures and a minority outreach programs as required by 24 CFR 92.351.

5.13.b
Packet Pg. 123 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 8 f. Consortium Members shall comply with applicable conflict of interest provisions, including 24 CFR Part 85 and those contained in 24 CFR 92.356. g. The County, as Lead Agency, shall monitor Program activities so that the Consortium’s HOME Program is carried out in compliance with HUD rules and regulations and the requirements of the HOME Program. These requirements include a Consolidated Plan in accordance with HUD regulations 24 CFR Parts 91 and 92 and the requirements of 24 CFR 92.350 and all related regulations and notices required by HUD for administration. As Lead Agency, the County shall be responsible for the administration of the Consortium HOME funds. As such, the County has been designated the Participating Jurisdiction by HUD in the HOME Program.

h. The requirements of 2 CFR part 200 apply to this Agreement, except for the following provisions: 200.306, 200.307, 200.308 (not applicable to participating jurisdictions), 200.311 (except as provided in 92.257), 200.312, 200.329, 200.333, and 200.334. The provisions of 2 CFR 200.305 apply as modified by 92.502(c). If there is a conflict between definitions in 2 CFR part 200 and 24 CFR part 92, the definitions in 24 CFR part 92 shall govern. i. The requirements of 24 CFR 92.252 shall apply to affordable housing/rental units.

j. The requirements of 24 CFR 92.300 and 92.301 shall apply to allocations for housing programs to be owned, developed or sponsored by community housing development organizations (CHDO programs).

k. The requirements of 40 CFR Subpart H - Other Requirements, are applicable to this Agreement, including:

68.200 Recordkeeping.

68.210 Availability of information to the public.

68.215 Permit content and air permitting authority or designated agency requirements.

68.220 Audits
l. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.

14. Default and Remedial Action. Pursuant to 2 CFR 200, et seq., if a Consortium Member fails to comply with any term(s) outlined in this Agreement or the Program Agreements, the County may take corrective or remedial action against the Member in accordance with 24 CFR

92.551 and 24 CFR 92.552.

15. Claims and Indemnification.
a. To the fullest extent permitted by law, a Party (including its employees, agents, elected officials and volunteers) whose act, omission, negligence, misconduct or other fault gives rise to any claim, loss, liability, cost or expense, including, but not limited to, reasonable attorneys’ fees, court costs, penalties, claims for reimbursement and sanctions (hereinafter collectively

5.13.b
Packet Pg. 124 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 9 referred to as “claims”), made by HUD or any third party shall defend and hold harmless the other Parties from and against any and all such claims.
b. Each City agrees to indemnify and hold harmless the County and each of their respective officers, directors, agents, designated representatives, employees and affiliates (“Indemnified Parties”) from any all claims arising out of, or in any way related to any its negligence or wrongful acts, breach or failure to comply with the terms and conditions of this Agreement, or failure to comply with applicable law. The obligations under this provision are independent of all other rights or obligations set forth herein. This indemnification provision shall survive the disbursement of the Award funds, as well as any termination of this Agreement.

16. Audit. Each City agrees to cooperate, at no cost to the County, in any audit of Program activities involving Program Funds received by that City, including not limited to preparing appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 24 CFR 200.510; promptly follow up and take corrective action on audit findings; comply with any corrective action plans issued in connection with the audit; and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required applicable regulations.

17. Reallocation of Funds. During administration of the HOME Program, the Consortium may determine that there are circumstances under which reallocation of certain Consortium Member(s) and/or CHDO(s) HOME Program Funds is necessary. Reallocation may be made by the County or as set forth in 92 CFR 450 et seq.

18. Withdrawal/New Members.
a. Except as provided by law, no Consortium Member may withdraw from the Consortium while the Agreement remains in effect. If a Consortium Member elects to withdraw from the Consortium, written notification must be provided to the County prior to the renewal date.

The County will notify HUD of the Consortium Member’s withdrawal from the Agreement/Consortium. The Consortium Member shall be withdrawn effective on the first business day of the renewal period.
b. New Members may be added to the Consortium upon consent of a simple majority of the Consortium Members. When a new Member is added, the Agreement will be amended accordingly; and the Parties agree to execute such further instruments as may be reasonably required to effect such amendment. The Agreement will be amended in the federal fiscal year before the year in which the new Member is to be added.

19. Departing Consortium Member. In the event a Consortium Member elects to no longer participate in the Consortium, such decision is effective only at the conclusion of the qualification period. The following duties and obligations will be required with respect to those Consortium funds controlled by the departing Consortium Member:
a. Planning and Reporting.
i) The departing Consortium Member shall use its own Citizen Participation Plan for all Consortium-funded projects committed after the date of separation. The departing

5.13.b
Packet Pg. 125 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 10 Consortium Member shall maintain all appropriate reports as described in the Agreement, on all Consortium-funded projects for the entirety of each project’s respective affordability period. ii) The departing Consortium Member shall remit these reports to the County upon request.
b. Monitoring.
i) The departing Consortium Member shall maintain separate records for all Consortium-funded projects in accordance with the applicable Consortium policy and shall provide these reports to the County upon request.
ii) The departing Consortium Member shall monitor its subrecipient and CHDO agreements related to projects funded by the departing Consortium Member in accordance with the applicable HUD regulations for the entirety of each applicable affordability period. c. Meetings. The departing Consortium Member may participate in Consortium meetings in a non-voting capacity until all Consortium funds held by the departing Consortium Member as of the date of separation have been expended. d. Unencumbered/unexpended funds.
i) Consortium HOME funds allocated prior to the date of separation, shall not be commingled with any other HOME funds in any one project. ii) All funds allocated to the departing Consortium Member by the Consortium must be encumbered before encumbering funds granted to the departing Consortium Member directly by HUD.
iii) If departing Consortium Member encumbers the bulk of Consortium funds, but a funds remain, the departing Consortium Member shall return the funds to the Consortium. iv) The departing Consortium Member shall return to the Consortium any Consortium funds allocated to the departing Consortium Member that have not been expended by the expenditure and encumbrance timelines specified in this Agreement. v) The departing Consortium Member shall name the County as Lead Agency and beneficiary on documents (e.g. deeds of trust, liens) associated with any Consortium-funded projects that the departing Consortium Member enters into and shall modify all documents necessary to meet this requirement.
e. Program Income.
i) The departing Consortium Member shall remit to the County all Program Income received attributable to Consortium-funded projects. (See 24 CFR 92.503(a)).

5.13.b
Packet Pg. 126 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 11 ii) The County, as Lead Agency, shall be responsible for using any Program Income it receives in accordance with applicable statutes and regulations and shall reallocate such funds according the Consortium Reallocation Policy.
f. Match.
i) The departing Consortium Member shall retain any match credits held by the departing Consortium Member as of the date of separation, to be used in accordance with statute and HUD regulations and guidelines.
ii) The departing Consortium Member shall apply match credits to Consortium-funded projects first; when those projects have the full required match amount, then the departing Consortium Member may apply the credits to the departing Consortium Member’s funded projects.

20. General Provisions.
a. This Agreement may be amended by the County and such amendments shall be effective upon notice to the other Consortium Members. Before the beginning of each renewal date, the County will submit to the HUD Field Office a statement of whether or not any amendments have been made to this Agreement, a copy of each amendment to the Agreement, and if the Consortium’s Membership has changed, the certification required under 24 CFR

92.101(a)(2)(i).
b. Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement. c. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which any Consortium Member shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first class mail to the respective parties as set forth in Attachment 1 to this Agreement.
d. This Agreement shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California.
e. Each Consortium Member has authorized the undersigned person signing as officers on behalf of the local agency, to enter into this Agreement on behalf of said local agency and to bind the same to this Agreement, and, further that said local agency has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Agreement.

5.13.b
Packet Pg. 127 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 12 f. The Chief Executive Officer of the County and the City Manager each City must sign this Agreement. This Agreement must include as attachments the authorizing resolutions from the governing body of each Consortium Member stating that the party signing the Agreement has the authority to sign the Agreement.
g. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]

5.13.b
Packet Pg. 128 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 13 STANISLAUS COUNTY:

By _____________________________ ________________________ Jody Hayes Dated
Chief Executive Officer
APPROVED AS TO CONTENT:

Angela Freitas, Director
Planning and Community Development Department
By ____________________________
Angela Freitas
Director

OPINION OF LEAD AGENCY COUNSEL
The undersigned has reviewed this Agreement and has concluded that the terms and provisions of the Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for Stanislaus County to undertake housing assistance activities for the HOME Program.

Stanislaus County Counsel
Thomas E. Boze
By ____________________________
G. Michael Ziman
Deputy County Counsel

5.13.b
Packet Pg. 129 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 18 CITY OF PATTERSON:

By ___________________________ ________________________ Dennis McCord Dated
Mayor
ATTEST:

By ___________________________
Aracely Alegre
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Ken Irwin
City Manager
APPROVED AS TO FORM:

By ____________________________
Tom Hallinan
City Attorney

5.13.b
Packet Pg. 130 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 22 Attachment 1
Consortium Member Notice Information
Stanislaus County
Department of Planning and Community Development
Attn: Deputy Director
1010 Tenth Street, Suite 3400
Modesto, CA 95354
City of Ceres
Department of Planning and Building
2720 Second Street
Ceres, CA 95307
City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326
City of Newman
Department of Community Development
P.O. Box 787
Newman, CA 95360
City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361
City of Patterson
Department of Community Development
P.O. Box 667
Patterson, CA 95363
City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367
City of Turlock
Planning Division
156 S. Broadway, Ste. 120
Turlock, CA 95380-5456
City of Waterford
City Manager’s Office
P.O. Box 199
Waterford, CA 95386

5.13.b
Packet Pg. 131 Attachment: Consortium One Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 1 RESOLUTION NO. 2022-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON

APPROVING THE HOME INVESTMENT PARTNERSHIP CONSORTIUM

AGREEMENT
WHEREAS, the County of Stanislaus (“County”), a political subdivision of the State of California, and the City of Patterson (“City”) a municipal corporation, desire to participate in the HOME Investment Partnership Program administered by the U.S. Department of Housing and Urban Development (“HUD”); and
WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderateincome households; and WHEREAS, HUD requires that the parties enter into a Consortium Agreement for participation in the HOME Investment Partnerships Program for the period of time from October 1, 2023 to September 30, 2026 to define their rights and obligations as a participant in the Program; and WHEREAS, the proposed Consortium Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and
WHEREAS, the proposed Consortium Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the U.S. Department of Housing and Urban Development’s HOME Investment Partnership program; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available; and
WHEREAS, the City and County will enter into Subrecipient Agreements which establish administrative policies and procedures, performance standards, and guidelines for funding specific programs and projects; and
WHEREAS, the proposed Consortium Agreement is not a “project” for purposes of compliance with the provisions of the California Environmental Quality Act (“CEQA”) and the City’s CEQA Guidelines.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Patterson, California, as follows:

1. The City Council hereby approves and authorizes the City Manager to execute the HOME Investment Partnership Consortium Agreement with the County and participating Cities to enable joint participation in HUD’s HOME program in the form attached hereto as Exhibit “B”.

2. The City Manager is authorized and to act on behalf of the City in connection with the implementation of the Consortium Agreement, ongoing operation of the HOME program, and other activities necessary to carry out the intent of the Consortium Agreement.

5.13.c
Packet Pg. 132 Attachment: Resolution No. 2022-41 HOME Agreement 3 Year (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 2 On motion of _______________, seconded by ________________ , and approved 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
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 21st day of June 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATE:
______________________________
City Clerk of the City of Patterson

5.13.c
Packet Pg. 133 Attachment: Resolution No. 2022-41 HOME Agreement 3 Year (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 1 STANISLAUS

HOME INVESTMENT PARTNERSHIPS PROGRAM

CONSORTIUM AGREEMENT
Three Year Agreement
October 1, 2023 To September 30, 2026
This Stanislaus Home Investment Partnerships Program Consortium Agreement (“Agreement”) is between the Cities of Turlock, Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford, each a municipal corporation of the State of California (individually a “City” and collectively, "Cities”) and Stanislaus County through its Department of Planning and Community Development (the “County”). The Cities and the County are collectively referred to herein as the “Consortium,” or the “Stanislaus HOME Consortium,” or the “Parties”; and, individually, “Consortium Member” or “Party”.

WHEREAS, Parties agree that it is desirable and in the interests of their citizens to secure approval by the federal government to be considered as a consortium under the federal HOME Program operated by the U.S. Department of Housing and Urban Development ("HUD") as authorized under the HOME Investment Partnerships Act, Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended (hereafter collectively referred to as the "Act"); and,
WHEREAS, Title II of the Act creates the Home Investment Partnerships Program (hereinafter “HOME") that provides funds to states and local governments for acquisition, rehabilitation, new construction of affordable housing, and tenant-based rental assistance; and WHEREAS, the Act provides that units of local government that are geographically contiguous may form a consortium for the purposes of receiving an allocation to participate in the HOME Investment Partnerships Program (hereinafter “HOME Program”) to be funded by HUD; and,
WHEREAS, the proposed level of federal funding is unlikely to provide grants to individual municipalities, but by cooperating in a consortium they may as a group become eligible participants in the HOME Program; and,
WHEREAS, the consortium of geographically contiguous local governments has notified HUD of their intention to participate in the HOME Program; and, WHEREAS, this Agreement constitutes an intergovernmental agreement under California law which meets the criteria pursuant to 24 CFR Part 92.101, and the Consortium Members are authorized to enter into and adopt this Agreement by their respective legislative bodies; and, WHEREAS, the Parties wish to enter into this Agreement to authorize the County to act in a representative capacity for the Cities for the purposes of ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of 24 CFR Part 92 (24 CFR

92.101(a)(2)(ii); and,
WHEREAS, under 24 CFR 92.101, the Consortium's qualification as a unit of general local government generally continues for a period of three successive federal fiscal years. As required

5.13.d
Packet Pg. 134 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 2 by applicable regulations, to align the Community Development Block Grant (hereinafter “CDBG”) and HOME qualification cycles, the parties agree that the term of this agreement shall for a period of three (3) years, from October 1, 2023 to September 30, 2026 (Federal Fiscal Years (“FY”) 2023-2025);
NOW, THEREFORE, the Parties hereby enter into this Agreement for the purposes of receiving an allocation from the HOME Program and agree to cooperate to undertake or to assist in undertaking housing assistance activities for the HOME Program.

1. Consortium. This Consortium shall be known as the Stanislaus HOME Consortium. The Consortium Members agree to cooperate to undertake or assist in housing assistance activities for the HOME Program, and affirmatively support and enforce fair housing laws and regulations.

2. Lead Agency. The County shall be designated as Lead Agency of the Consortium to act in a representative capacity for all member units for the purposes of the HOME Program. The County will assume overall responsibility for ensuring that the Consortium’s HOME Program Activities are carried out in compliance with HOME rules, including requirements relating to the Consolidated Plan. No Member of the Consortium may obstruct the implementation of the Consortium’s approved Consolidated Plan.

3. Designated Representatives.
a. Each Consortium Member (i.e., the governing body or its designee) shall designate one individual from its staff to serve on the ad hoc Technical Committee and the ad hoc Ranking Panel (each, a “Designated Representative”). An alternate may be designated to serve if the Designated Representative is unable to attend. Each Designated Representative shall act on behalf of and in an advisory capacity to its respective jurisdiction. Additionally, each Consortium Member may select one (1) member of the public within its jurisdiction with experience and knowledge relating to affordable housing to serve on the ad hoc Ranking Panel (“Public Representatives”).
b. An ad hoc Technical Committee consisting of one (1) Designated Representative from the County and one (1) Designated Representative from each participating City will meet from time to time to review, aid in development, and provide recommendations on policies, procedures, and documentation required by HUD for the implementation and administration of the HOME Program. The Technical Committee will facilitate distribution of information to residents within the respective jurisdictions of the HOME Consortium concerning community housing needs and the opportunity to participate in the development of programs and priorities. c. An ad hoc Ranking Panel consisting of (1) representative from the County, one (1) Designated Representative from each participating City, and selected Public Representatives, will meet from time to time to review, evaluate, and rank proposals for designation of a CHDO and projects proposing to be funded with HOME funds. The Panel shall convene as determined necessary by the County. Panel rankings will be used by the County in making recommendations for allocation and awarding of funding. The representatives from local agencies shall be selected by the County with input from the Technical Committee.

5.13.d
Packet Pg. 135 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 3 4. Three Year Qualification Period.
a. This Agreement is for funding HOME Program activities for the 2023-2025 federal fiscal years (October 1, 2023 to September 30, 2026) or until the HOME program funds for the three-year qualification period are closed out pursuant to 24 CFR 92.507, whichever is later. In accordance with 24 CFR 91.402, all units of general government that are Consortium Members must be on the same program year that starts on each July 1st for CDBG, HOME, and Emergency Solutions Grants (“ESG”) programs.
b. Although the current qualification period for the Consortium is three (3) years, members have an obligation to abide by HOME requirements throughout the period of affordability for funded projects.

5. Program Year. The Program Year for the start date for the Consortium is the commencement of the fiscal year of the Consortium Members, which begins on July 1, 2023.

6. Consolidated Plan. The County, on behalf of this Consortium, shall submit to HUD a single, unified Consolidated Plan, which describes the Consortium’s strategy for addressing housing, homeless and supportive housing needs and Citizen Participation Plan. The Consortium shall also submit to HUD Annual Action Plans, Consolidated Annual Performance and Evaluation Reports (“CAPERs”) and other reports, as required by HUD. Per regulation, all Consortium plans and reports shall contain goals and accomplishments for the Consortium.

7. Allocation of Funds.
a. The Consortium Members shall be notified by the County of the availability of HOME Program funds for the Consortium. These funds shall be allocated to individual Consortium Members and will be required to be committed to an approved project within six (6) months from July 1 of each year, unless such deadline is extended by the County. An approved project shall be a project included within a HUD certified Annual Action Plan approved by the County. Funds will be considered committed if they are under a fully executed agreement that has been reviewed by and determined adequate by the County, and the environmental determination for the project has been certified by the County. All proposed projects will be submitted to the County for the upcoming fiscal year by January 1 of each year. A City shall not proceed to commit funds without the County’s approval of the project and completion of the environmental review.

If funds are not committed within the deadline established by the County, then the funds shall revert back to the County for use in an eligible HUD program as determined by the County. b. If a Consortium Member opts not to accept its annual pro rata share of available HOME Program funds, it must provide written notification to the County. The allocation will be redistributed among all remaining HOME Consortium Members per their pro rata share. A Consortium Member that returns its allocation remains a member of the Consortium. c. When a shared consultant/service provider is hired on behalf of the Consortium, the costs will be shared on a pro-rata basis. This share will be calculated based on the annual Consortium Members’ collective annual HOME allocation. Consortium Member’s pro-rata annual

5.13.d
Packet Pg. 136 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 4 HOME allocation will be reduced by each Consortium Member’s cost share. The decision to hire shared consultants/service providers shall be at the sole discretion of the County.

8. Program Income.
a. Program income must be deposited in the participating jurisdiction's HOME Investment Trust Fund local account unless the participating jurisdiction permits the subrecipient to retain the program income for additional HOME projects pursuant to the written agreement required by 24 CFR 92.503 and 504.
b. The County shall be responsible to track and determine the use of any Program Income it receives in accordance with applicable laws and regulations (See 24 CFR 92.503(a)).

9. Matching Funds. Each Consortium Member will be responsible for providing its pro-rata share of matching non-federal funds not previously used each time it makes a draw against its allocation of federal funds from the HOME Program (See 24 CFR 92.218).

10. Non-Appropriation. In the event funds are not appropriated to the HOME program, HUD guidance shall be followed. If grant closeout is required, the County will be responsible for grant close-out, and each City shall cooperate in the effort. The Consortium Members will be responsible for maintaining compliance on previous HOME-funded units.

11. County’s Responsibilities. Each City hereby authorizes the County to act on its behalf in any way required to comply with this Agreement and applicable laws and regulations. The County shall have final responsibility for selecting the program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis. The County agrees to:
a. Prepare the Consortium’s Five-Year Consolidated Plan and Annual Action Plans. b. Prepare the Consortium’s CAPER.
c. Prepare applications, request for proposals, and contract templates for Community Housing Development Organizations (“CHDO”). Publish Public Notices on CHDO funds. d. Monitor Consortium Members and CHDOs and prepare monitoring tools. The County has the right and responsibility to monitor and assure compliance with all HOME requirements during the project implementation and the affordability period. e. Coordinate/chair Consortium meetings, and prepare, maintain and disseminate agendas, minutes, and records.
f. Coordinate/chair public hearings and publish notices. g. Process agenda items (i.e., plans, intergovernmental agreements, contracts) through the Stanislaus County Board of Supervisors.

5.13.d
Packet Pg. 137 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 5 h. Submit Requests for Release of Funds documents to HUD on behalf of Consortium Members. Transmit Authority to Use Grant Funds documents from HUD to Consortium Members. i. Process project setups, revisions, and completion reports. j. Process reimbursement requests from County funds and process drawdowns from HUD.
k. Prepare Consortium financial reports and reconcile with HUD’s financial data. l. Calculate annual Consortium allocation.
m. Coordinate reallocation of funds when necessary.
n. Provide technical assistance to Consortium Members as needed. o. Facilitate audits and/or monitoring with HUD and State Auditor General. p. Maintain all applicable Stanislaus HOME Consortium application, implementation, and financial files for HOME and CHDO activities. In addition, the County will maintain all files associated with monitoring and reporting to HUD. The County will maintain these administrative and programmatic files according to the current applicable State and Federal record retention schedule and regulations.
q. Procure and contract with shared consultant/services. r. Maintain a Programmatic Agreement with the State Historic Preservation Office (“SHPO”) for Section 106 reviews per Part 58, contingent upon SHPO approval. s. Perform market study to determine annual HOME homeownership value limits and submit to HUD for approval.
t. Serve as the “Certifying Officer” with respect to environmental matters on all Consortium-funded projects. However, no funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request for release of funds and related certification, except as authorized by 24 CFR part 58. (24 CFR 92.352). u. The County shall receive and allocate administrative funds as set forth in applicable HOME regulations.

12. City Responsibilities. The Cities agree to:
a. Develop criteria for project selection and guidelines for implementation within HUD statutes and regulations.
b. Complete required reports for project set-up and completion; process Deeds of Trust.

5.13.d
Packet Pg. 138 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 6 c. Review and submit reimbursement requests for its sub-recipients. d. Track payments for each project, and submit reimbursement requests to the County for payment.
e. Provide information and data for the Consolidated Plan, Annual Action Plans, CAPERs and other reports as required by HUD by the date and in the format specified by the County.
f. Support the objectives of the Consortium’s Citizen Participation Plan and the Consolidated Plan.
g. Provide general project oversight for projects within the Consortium Member’s jurisdiction.
h. Attend and participate in the work of the ad hoc Consortium Technical Committee meetings and Review Panel meetings. Telephonic or attendance by video conferencing is acceptable.
i. Participate in Consortium training sessions for subrecipients as necessary.

j. Assist the County in conducting appropriate environmental reviews for all projects in accordance with 24 CFR part 58.
k. Assist the County in completing appropriate environmental clearance documents for all projects, including CHDO projects, administered by the Consortium Member. l. Publish notices when appropriate. Consortium Members will submit any Request for Release of Funds documents to the County for review and forwarding to HUD. m. Submit all financial reimbursement requests, revisions, and completion reports to the County using the County’s approved forms. Each Consortium Member is responsible for requiring that each of its subrecipients follow the terms and conditions of this Agreement, the Project Agreements and the procedures and time involved for processing activity reimbursement approvals, draws, and payments. Each Consortium Member shall request drawdowns of funds from the County for all activities within its jurisdiction with proper documentation including proof of payment and updated match log. Each Consortium Member shall process and submit reimbursement requests in a timely manner and facilitate the reimbursement process by providing complete and accurate information.
n. Report, retain, account for, and expend program income generated in their jurisdictions per federal regulations.
o. Maintain all applicable application, implementation, financial, and program files.

The Consortium Member will maintain these administrative and programmatic files according to the current applicable State and Federal record retention schedule and regulations. No records shall be destroyed by a Consortium Member without obtaining prior written authorization from the County.

5.13.d
Packet Pg. 139 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 7 p. Monitor rental properties in respective jurisdictions at the specified intervals throughout the period of affordability and submit monitoring reports to the County. q. Carry out activities in compliance with HUD rules and regulations and the requirements of the HOME Program including the provisions of 24 CFR 92.504(c)(2). r. Notify the County of their willingness to participate in a Programmatic Agreement with SHPO for the Stanislaus HOME Consortium.
s. Act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all applicable Allocation Agreements, Subrecipient Agreements, and Grant Agreements (“Program Agreements”). Each City further agrees that it shall fully cooperate with the County in all things required by applicable law and appropriate to comply with the provisions of any Grant Agreement received by the County pursuant to the Act and its regulations.

13. Compliance with Applicable Laws.
a. The Parties acknowledge and agree that some existing programs may need to be modified if they are to be carried out with HOME funds, but the Consortium’s activities do not impact CDBG-funded programs.
b. Each Consortium Member agrees to affirmatively further fair housing as required by 24 CFR Part 91.425(a)(1)(i) and agrees to participate in any HUD-required analysis of fair housing or assessment of fair housing. The Parties agree to comply with all applicable state and federal laws, rules, and regulations regarding equal opportunity, equal access, non-discrimination, and affirmative action.
c. The Consortium shall comply with applicable California open meeting (when applicable), public records, ethics laws and all other applicable laws and regulations.

d. The environmental effects of activities carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The applicability of the provisions of 24 CFR part 50 or part 58 is based on the HOME project (new construction, rehabilitation, acquisition) or activity (tenant-based rental assistance) as a whole, not on the type of the cost paid with HOME funds. The County is the responsible entity for the environmental review and each City agrees to assist the County by securing all information and documentation relating to projects within their respective jurisdictions under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), if required, including paying for consulting services and technical evaluations, and providing the same to the County for final review and approval. e. Each Consortium Member must adopt and follow affirmative marketing procedures and a minority outreach programs as required by 24 CFR 92.351.

5.13.d
Packet Pg. 140 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 8 f. Consortium Members shall comply with applicable conflict of interest provisions, including 24 CFR Part 85 and those contained in 24 CFR 92.356. g. The County, as Lead Agency, shall monitor Program activities so that the Consortium’s HOME Program is carried out in compliance with HUD rules and regulations and the requirements of the HOME Program. These requirements include a Consolidated Plan in accordance with HUD regulations 24 CFR Parts 91 and 92 and the requirements of 24 CFR 92.350 and all related regulations and notices required by HUD for administration. As Lead Agency, the County shall be responsible for the administration of the Consortium HOME funds. As such, the County has been designated the Participating Jurisdiction by HUD in the HOME Program.

h. The requirements of 2 CFR part 200 apply to this Agreement, except for the following provisions: 200.306, 200.307, 200.308 (not applicable to participating jurisdictions), 200.311 (except as provided in 92.257), 200.312, 200.329, 200.333, and 200.334. The provisions of 2 CFR 200.305 apply as modified by 92.502(c). If there is a conflict between definitions in 2 CFR part 200 and 24 CFR part 92, the definitions in 24 CFR part 92 shall govern. i. The requirements of 24 CFR 92.252 shall apply to affordable housing/rental units.

j. The requirements of 24 CFR 92.300 and 92.301 shall apply to allocations for housing programs to be owned, developed or sponsored by community housing development organizations (CHDO programs).

k. The requirements of 40 CFR Subpart H - Other Requirements, are applicable to this Agreement, including:

68.200 Recordkeeping.

68.210 Availability of information to the public.

68.215 Permit content and air permitting authority or designated agency requirements.

68.220 Audits
l. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.

14. Default and Remedial Action. Pursuant to 2 CFR 200, et seq., if a Consortium Member fails to comply with any term(s) outlined in this Agreement or the Program Agreements, the County may take corrective or remedial action against the Member in accordance with 24 CFR

92.551 and 24 CFR 92.552.

15. Claims and Indemnification.
a. To the fullest extent permitted by law, a Party (including its employees, agents, elected officials and volunteers) whose act, omission, negligence, misconduct or other fault gives rise to any claim, loss, liability, cost or expense, including, but not limited to, reasonable attorneys’ fees, court costs, penalties, claims for reimbursement and sanctions (hereinafter collectively

5.13.d
Packet Pg. 141 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 9 referred to as “claims”), made by HUD or any third party shall defend and hold harmless the other Parties from and against any and all such claims.
b. Each City agrees to indemnify and hold harmless the County and each of their respective officers, directors, agents, designated representatives, employees and affiliates (“Indemnified Parties”) from any all claims arising out of, or in any way related to any its negligence or wrongful acts, breach or failure to comply with the terms and conditions of this Agreement, or failure to comply with applicable law. The obligations under this provision are independent of all other rights or obligations set forth herein. This indemnification provision shall survive the disbursement of the Award funds, as well as any termination of this Agreement.

16. Audit. Each City agrees to cooperate, at no cost to the County, in any audit of Program activities involving Program Funds received by that City, including not limited to preparing appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 24 CFR 200.510; promptly follow up and take corrective action on audit findings; comply with any corrective action plans issued in connection with the audit; and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required applicable regulations.

17. Reallocation of Funds. During administration of the HOME Program, the Consortium may determine that there are circumstances under which reallocation of certain Consortium Member(s) and/or CHDO(s) HOME Program Funds is necessary. Reallocation may be made by the County or as set forth in 92 CFR 450 et seq.

18. Withdrawal/New Members.
a. Except as provided by law, no Consortium Member may withdraw from the Consortium while the Agreement remains in effect. If a Consortium Member elects to withdraw from the Consortium, written notification must be provided to the County prior to the renewal date.

The County will notify HUD of the Consortium Member’s withdrawal from the Agreement/Consortium. The Consortium Member shall be withdrawn effective on the first business day of the renewal period.
b. New Members may be added to the Consortium upon consent of a simple majority of the Consortium Members. When a new Member is added, the Agreement will be amended accordingly; and the Parties agree to execute such further instruments as may be reasonably required to effect such amendment. The Agreement will be amended in the federal fiscal year before the year in which the new Member is to be added.

19. Departing Consortium Member. In the event a Consortium Member elects to no longer participate in the Consortium, such decision is effective only at the conclusion of the qualification period. The following duties and obligations will be required with respect to those Consortium funds controlled by the departing Consortium Member:
a. Planning and Reporting.
i) The departing Consortium Member shall use its own Citizen Participation Plan for all Consortium-funded projects committed after the date of separation. The departing

5.13.d
Packet Pg. 142 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 10 Consortium Member shall maintain all appropriate reports as described in the Agreement, on all Consortium-funded projects for the entirety of each project’s respective affordability period. ii) The departing Consortium Member shall remit these reports to the County upon request.
b. Monitoring.
i) The departing Consortium Member shall maintain separate records for all Consortium-funded projects in accordance with the applicable Consortium policy and shall provide these reports to the County upon request.
ii) The departing Consortium Member shall monitor its subrecipient and CHDO agreements related to projects funded by the departing Consortium Member in accordance with the applicable HUD regulations for the entirety of each applicable affordability period. c. Meetings. The departing Consortium Member may participate in Consortium meetings in a non-voting capacity until all Consortium funds held by the departing Consortium Member as of the date of separation have been expended. d. Unencumbered/unexpended funds.
i) Consortium HOME funds allocated prior to the date of separation, shall not be commingled with any other HOME funds in any one project. ii) All funds allocated to the departing Consortium Member by the Consortium must be encumbered before encumbering funds granted to the departing Consortium Member directly by HUD.
iii) If departing Consortium Member encumbers the bulk of Consortium funds, but a funds remain, the departing Consortium Member shall return the funds to the Consortium. iv) The departing Consortium Member shall return to the Consortium any Consortium funds allocated to the departing Consortium Member that have not been expended by the expenditure and encumbrance timelines specified in this Agreement. v) The departing Consortium Member shall name the County as Lead Agency and beneficiary on documents (e.g. deeds of trust, liens) associated with any Consortium-funded projects that the departing Consortium Member enters into and shall modify all documents necessary to meet this requirement.
e. Program Income.
i) The departing Consortium Member shall remit to the County all Program Income received attributable to Consortium-funded projects. (See 24 CFR 92.503(a)).

5.13.d
Packet Pg. 143 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 11 ii) The County, as Lead Agency, shall be responsible for using any Program Income it receives in accordance with applicable statutes and regulations and shall reallocate such funds according the Consortium Reallocation Policy.
f. Match.
i) The departing Consortium Member shall retain any match credits held by the departing Consortium Member as of the date of separation, to be used in accordance with statute and HUD regulations and guidelines.
ii) The departing Consortium Member shall apply match credits to Consortium-funded projects first; when those projects have the full required match amount, then the departing Consortium Member may apply the credits to the departing Consortium Member’s funded projects.

20. General Provisions.

a. This Agreement may be amended by the County and such amendments shall be effective upon notice to the other Consortium Members. Before the beginning of each renewal date, the County will submit to the HUD Field Office a statement of whether or not any amendments have been made to this Agreement, a copy of each amendment to the Agreement, and if the Consortium’s Membership has changed, the certification required under 24 CFR

92.101(a)(2)(i).
b. Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement. c. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which any Consortium Member shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first class mail to the respective parties as set forth in Attachment 1 to this Agreement.
d. This Agreement shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California.
e. Each Consortium Member has authorized the undersigned person signing as officers on behalf of the local agency, to enter into this Agreement on behalf of said local agency and to bind the same to this Agreement, and, further that said local agency has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Agreement.

5.13.d
Packet Pg. 144 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 12 f. The Chief Executive Officer of the County and the City Manager each City must sign this Agreement. This Agreement must include as attachments the authorizing resolutions from the governing body of each Consortium Member stating that the party signing the Agreement has the authority to sign the Agreement.
g. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]

5.13.d
Packet Pg. 145 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 13 STANISLAUS COUNTY:

By _____________________________ ________________________ Jody Hayes Dated
Chief Executive Officer
APPROVED AS TO CONTENT:

Angela Freitas, Director
Planning and Community Development Department
By ____________________________
Angela Freitas
Director

OPINION OF LEAD AGENCY COUNSEL
The undersigned has reviewed this Agreement and has concluded that the terms and provisions of the Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for Stanislaus County to undertake housing assistance activities for the HOME Program.

Stanislaus County Counsel
Thomas E. Boze
By ____________________________
G. Michael Ziman
Deputy County Counsel

5.13.d
Packet Pg. 146 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 18 CITY OF PATTERSON:

By ___________________________ ________________________ Dennis McCord Dated
Mayor
ATTEST:

By ___________________________
Aracely Alegre
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Ken Irwin
City Manager
APPROVED AS TO FORM:

By ____________________________
Tom Hallinan
City Attorney

5.13.d
Packet Pg. 147 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) 22 Attachment 1
Consortium Member Notice Information
Stanislaus County
Department of Planning and Community Development
Attn: Deputy Director
1010 Tenth Street, Suite 3400
Modesto, CA 95354
City of Ceres
Department of Planning and Building
2720 Second Street
Ceres, CA 95307
City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326
City of Newman
Department of Community Development
P.O. Box 787
Newman, CA 95360
City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361
City of Patterson
Department of Community Development
P.O. Box 667
Patterson, CA 95363
City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367
City of Turlock
Planning Division
156 S. Broadway, Ste. 120
Turlock, CA 95380-5456
City of Waterford
City Manager’s Office
P.O. Box 199
Waterford, CA 95386

5.13.d
Packet Pg. 148 Attachment: Consortium Three Year Agreement (Resolution Nos. 2022-40 and 2022-41 HOME Agreements) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Joel Andrews, Interim Community Development Director MEETING DATE: June 21, 2022
ITEM NO: 5.14
SUBJECT: Adopt of Resolution No. 2022-42 Authorizing the City Manager to Execute a Cooperation Agreement between the County of Stanislaus and the City of Patterson for Joint Participation in the Community Development Block Grant Program.

RECOMMENDATION
Motion Adoption of Resolution No. 2022-42 Authorizing the City Manager to Execute a Cooperation Agreement between the County of Stanislaus and the City of Patterson for Joint Participation in the Community Development Block Grant Program.

BACKGROUND
Stanislaus County ("County") and the City of Patterson ("City") desire to participate in the Community Development Block Grant (CDBG) Program administered by the U.S. Department of Housing and Urban Development (HUD). The program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderate-income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities, or services.

To qualify for CDBG funds under HUD's eligibility guidelines, the County must have a population of at least 200,000 persons. The City desires to continue to participate jointly with the County in the program.

ANALYSIS

5.14 Packet Pg. 149
HUD requires that the parties enter into a Cooperation Agreement between the County of Stanislaus and the City of Patterson for joint participation in the Community Development Block Grant Program and the Emergency Solutions Grant Program for the period of time from October 1, 2023 to September 30, 2026 to define their rights and obligations as a prerequisite to participation in the CDBG Program.

The proposed Cooperation Agreement is consistent with the City and County General Plans and with the City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing. The proposed Cooperation Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the HUD's CDBG Program under an "Urban County" entitlement; thus, making available funds for a variety of housing, economic development, and public services programs not otherwise available.

The City and County will enter into yearly Subrecipient Agreement which will establish administrative policies and procedures, performance standards, and guidelines for funding specific CDBG programs and projects.

FISCAL IMPACT
There is no impact to the City General Fund, as all program delivery and administrative costs will be funded through the CDBG Program allocation.

5.14 Packet Pg. 150
1 RESOLUTION NO. 2022-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON

APPROVING A COOPERATION AGREEMENT BETWEEN THE COUNTY OF

STANISLAUS AND THE CITY OF PATTERSON FOR JOINT PARTICIPATION IN

THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the County of Stanislaus (“County”), a political subdivision of the State of California, and the City of Patterson (“City”) a municipal corporation, desire to participate in the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, said program will promote the public health, safety, and welfare by providing grant funds to be used by the City and County to improve housing opportunities for low and moderateincome households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing-related facilities, or services; and WHEREAS, to qualify for CDBG funds under HUD eligibility guidelines, the County must have a population of at least 200,000 persons; and
WHEREAS, the City desires to continue to participate jointly with the County in said program; and
WHEREAS, HUD requires that the parties enter into a Cooperation Agreement between the County of Stanislaus and the City of Patterson for joint participation in the Community Development Block Grant Program and the Emergency Solutions Grant Program for the period of time from October 1, 2023 to September 30, 2026 to define their rights and obligations as a prerequisite to participation in the CDBG program; and
WHEREAS, the proposed Cooperation Agreement is consistent with the City and County General Plans and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing; and WHEREAS, the proposed Cooperation Agreement will promote the public health, safety, and welfare by enabling the City and County to participate in the HUD’s CDBG program under an “Urban County” entitlement; thus making available funds for a variety of housing, economic development, and public services programs not otherwise available; and WHEREAS, the City and County will enter into yearly Subrecipient Agreements which will establish administrative policies and procedures, performance standards, and guidelines for funding specific CDBG programs and projects; and
WHEREAS, the proposed Cooperation Agreement is not a “project” for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Patterson, California, as follows:

5.14.a
Packet Pg. 151 Attachment: Resolution No. 2022-42 CDBG Urban County 3 Year Cooperation Agreement (Resolution No. 2022-42 CDBG Cooperation 2 1. The City Council hereby approves and authorizes the Mayor to enter into the Cooperation Agreement with the County to enable joint participation in HUD’s CDBG Program in the form attached hereto as Exhibit “A”.

2. The Acting City Manager or his/her designee is hereby authorized to act on behalf of the City in connection with the implementation of the Cooperation Agreement, ongoing operation of the CDBG program, and other activities necessary to carry out the intent of the Cooperation Agreement.

On motion of ________________, seconded by _______________, and on 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

5.14.a
Packet Pg. 152 Attachment: Resolution No. 2022-42 CDBG Urban County 3 Year Cooperation Agreement (Resolution No. 2022-42 CDBG Cooperation 3 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 21st day of June 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATE:
______________________________
City Clerk of the City of Patterson

5.14.a
Packet Pg. 153 Attachment: Resolution No. 2022-42 CDBG Urban County 3 Year Cooperation Agreement (Resolution No. 2022-42 CDBG Cooperation 1 INTERGOVERNMENTAL COOPERATION AGREEMENT

STANISLAUS URBAN COUNTY

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Three Year Agreement
October 1, 2023 To September 30,2026
This Intergovernmental Cooperation Agreement for the Stanislaus Urban County Community Development Block Grant Program for Federal Fiscal Years (“FY”) 2023-2025 (which begins on October 1, 2023 and ends on September 30, 2026) (“Agreement”) is made and entered into this ____ day of _____, 202___ by and between the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford, each a municipal corporation of the State of California (individually a “City” and collectively, "Cities”) and Stanislaus County through its Department of Planning and Community Development (the “County”). The Cities and the County are collectively referred to herein as the “Parties”; and, individually, a “Party”.

WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled The Housing and Community Development Act of 1974, herein called the “Act.” The Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and
WHEREAS, Title I of the Act is entitled “Community Development” and governs programs for housing and community development within metropolitan cities and urban counties or communities by providing financial assistance annually for area-wide plans and for housing, public services and public works programs; and
WHEREAS, the Community Development Block Grant Program (hereinafter referred to as “CDBG”), the HOME Investment Partnerships Act Program (hereinafter referred to as “HOME Program”), and the Emergency Solutions Grants Program (hereinafter referred to as “ESG”) are consolidated under Title I of the Act (collectively, the “Programs”); funds from the Programs are referred to herein as “Program Funds”; and
WHEREAS, the Stanislaus Urban County (hereinafter referred to as “Urban County”) formed in 2000 to receive entitlement CDBG and ESG funds. The Urban County includes the unincorporated areas of Stanislaus County and the cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank and Waterford; and
WHEREAS, since 1991, Stanislaus County has been a member jurisdiction in the City of Turlock/Stanislaus HOME Consortium (hereinafter referred to as the “Consortium”) to obtain a direct allocation of funds under the Cranston-Gonzalez National Affordable Housing Act of 1990.

The Consortium includes the City of Turlock and all of the Urban County participants. In 2022, the City of Turlock notified the County that it was withdrawing as Lead Agency for the Consortium effective September 30, 2022. The County has agreed to take over as Lead Agency for the Consortium effective October 1, 2022.

5.14.b
Packet Pg. 154 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 2 WHEREAS, because Turlock opted out of the Urban County, Turlock is not entitled to receive any Program Funding under this Agreement. However, the County and the Cities of Ceres, Hughson, Newman, Oakdale, Patterson, Riverbank, Turlock and Waterford have entered into or will enter into a separate Consortium Agreement relating to funding through the HOME Program (“Consortium Agreement”); and
WHEREAS, the CDBG regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the HUD for Program Funds, and cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive County effort; and WHEREAS, to have their populations counted and to be eligible for an allocation of grant funding, the Cities desire to participate jointly with the County in the Programs; and WHEREAS, as the Urban County applicant, the County must take responsibility and assume all obligations of an applicant under federal statues, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; and WHEREAS, by executing this Agreement, the Parties hereby give notice of their intention to participate in the Programs.

NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows:

1. Scope of Agreement. This Agreement covers the CDBG Entitlement program and, where applicable, the HOME Investment Partnerships (HOME) and Emergency Solutions Grants (ESG) Programs (i.e., where the Urban County receives funding under the ESG program, or receives funding under the HOME program as an urban county or as a member of a HOME consortium).

2. Full Cooperation and Affordable Housing. The County and the Cities, each as a cooperating unit of general local government, agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities.

3. Term of Agreement.
a. The term of this Agreement shall be for a period of three (3) years commencing on October 1, 2023 and ending on September 30, 2026 (Federal FY 2023-2025), for the County/City program years commencing on July 1, 2023 and ending on June 30, 2026. b. This Agreement shall remain in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. The County

5.14.b
Packet Pg. 155 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 3 and each City cannot terminate or withdraw from this Cooperation Agreement while it remains in effect.
c. By the date specified in HUD's Urban County qualification notice for the next three year qualification period, the Urban County will notify the City in writing of its right not to participate.

A copy of the County's notification to the jurisdiction must be sent to the HUD Field Office by the date specified in the Urban County qualification schedule.

4. Responsible Officers. The County’s Chief Executive Officer is the responsible officer for the County, and the Director of the Stanislaus County Department of Planning and Community Development (hereinafter referred to as “Director”) is hereby authorized to implement and administer Program activities and requirements on behalf of the County. The City Manager or his/her designee for each City is hereby authorized to act as the responsible officer for each City under the Programs.

5. Cities as Subrecipients.
a. Pursuant to the Act and 24 CFR 570.501(b), each City is subject to the same requirements applicable to subrecipients as set forth in 24 CFR 570.503. Where a City carries out an eligible activity funded by the Urban County, the Urban County and the City shall, prior to disbursing any Program Funds for any such activity or project, execute a written Subrecipient Agreement containing the minimum requirements found at 24 CFR 570.503. The Subrecipient Agreement must remain in effect during any period that the unit of local government has control over CDBG funds, including program income.

b. The written Subrecipient Agreement between the County and each City shall specify whether program income received is to be returned to the County or retained by the City.

Where program income is to be retained by the City, the Subrecipeint Agreement shall specify the activities that will be undertaken with the program income and that all provisions of the written agreement shall apply to the specified activities. (See 24 CFR 570.504).

6. Acknowledgement by Cities. By executing this Agreement, each City understands that it a) may not apply for grants from appropriations under the State CDBG Program for the fiscal years during the period in which it participates in the Urban County's CDBG program; and b) may receive a formula allocation under the HOME Program only through the Urban County.

7. Ad Hoc Committee and Panel.
a. Each Party to this Agreement (i.e., the governing body or its designee) shall designate one individual from its staff to serve on the ad hoc Technical Committee and the ad hoc Ranking Panel (each, a “Designated Representative”). An alternate may be designated to serve if the Designated Representative is unable to attend. Each Designated Representative shall act on behalf of and in an advisory capacity to its respective jurisdiction.

5.14.b
Packet Pg. 156 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 4 b. An ad hoc Technical Committee consisting of one (1) Designated Representative from the County and one (1) Designated Representative from each participating City may meet from time to time to review, aid in development, and provide recommendations on policies, procedures, and documentation required by HUD for the implementation and administration of Program Funds. The Technical Committee will facilitate distribution of information to residents within their respective jurisdictions and the opportunity to participate in the development of programs and priorities.
c. An ad hoc Ranking Panel consisting of (1) representative from the County, one (1) Designated Representative from each participating City may meet from time to time to review, evaluate, and rank projects proposing to be funded with Program Funds. The Panel shall convene as determined necessary by the County. Panel rankings will be used by the County in making recommendations for allocation and awarding of funding.

8. Consolidated Plan.
a. Each City shall assist the County by participating in the preparation of a Consolidated Plan pursuant to 24 CRF 91.1-91.600, which identifies community development and housing needs, projects and programs for each City, and specifies both short and long-term City objectives, consistent with requirements of the Act. The County agrees to: (1) include City projects the program application, and (2) take into consideration each City’s priorities as submitted by each City.

b. The County has final responsibility for selecting CDBG (and, where applicable, HOME and ESG) activities and submitting the Consolidated Plan to HUD. However, since the County is a member of a HOME Consortium, as the lead Agency the County will approve the Plan for the entire geographic area encompassed by the Consortium prior to its submittal to HUD. The Parties hereto agree that the responsible entity with the final responsibility for analyzing needs, setting objectives, developing plans, selecting projects for community development and housing assistance, selecting CDBG Public Service and ESG programs to be funded, and filing the Consolidated Plan, and other plans and reports required by the Act, is the County. c. Each City understands and agrees that the County shall have final responsibility for selecting the Program activities and projects to be included in each annual grant request and project grant request and for filing the Consolidated Plan with HUD on an annual basis.

d. During the period of time during which the County has qualified as an Urban County, the Parties agree not to veto or otherwise obstruct the implementation of the approved Consolidated Plan during that three-year period and for such additional time as may be required for the expenditure of funds granted for that period.

9. Grant Eligibility. The Parties acknowledge that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during

5.14.b
Packet Pg. 157 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 5 which the Parties are participating in the Urban County CDBG entitlement program; and further, each City shall not be eligible to participate in the HOME, or ESG Programs except through the Urban County or the Consortium Agreement.

10. County Responsibility.
a. The County shall, as applicant, be responsible for holding meetings and preparing and submitting the required plans and applications for CDBG, HOME and ESG Program Funding as required by the Act and the applicable federal regulations. b. The County shall be the primary general-purpose local governmental unit pursuant to the Act. The County shall apply for grants, execute grant agreements, administer all funds received, and undertake or assist in undertaking essential community development and housing assistance activities. The County shall have the authority to carry out activities which will be funded from annual Program Funds covered by this Agreement. Records shall be kept by County in accordance with approved accounting procedures and said records shall be available for public inspection at all times. The County shall be responsible thereunder for the proper performance, implementation or monitoring of the plans and the Programs. c. The environmental effects of activities carried out with Program Funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The County is the responsible entity for the environmental review and each City agrees to assist the County by securing all information and documentation relating to projects within their respective jurisdictions under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), if required, including paying for consulting services and technical evaluations, and providing the same to the County for final review and approval.

11. City Responsibilities.
a. Each City agrees to undertake the necessary actions to support the County’s efforts to obtain Program Funding, and to meet the requirements of the Programs under the Act and the applicable laws and regulations.
b. Each City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under the Consortium Agreement (when applicable), the Allocation Agreement(s), Subrecipient Agreement(s) and all Grant Agreements (collectively, Program Agreements”).

12. Compliance with Urban County Certification and Applicable Laws.

5.14.b
Packet Pg. 158 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 6 a. The County and each City agrees to take all actions necessary to assure compliance with the Urban County's certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), to be codified at 24 CFR

5.151 and 5.152, available at https://www.federalregister.gov/documents/2021/06/10/2021- 12114/restoring-affirmativelyfurthering-fair-housing-definitions-and-certifications. These requirements include the obligation to comply with section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968. The County and the Cities also agree to comply with other applicable laws. This Agreement prohibits Urban County funding for activities that do not affirmatively further fair housing within its own jurisdiction or that impede the County's actions to comply with the County's fair housing certification.

13. Program Funding
a. All funds received by the County pursuant to this Agreement shall be identified and allocated pursuant to HUD regulations and as described in the Annual Action Plan to the specific HUD approved projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended.
b. The County shall notify the participating Cities of the availability of the funds. It is understood by the Parties, hereto, the Program funds being used for the purposes of this Agreement are funds furnished to the County, through HUD, pursuant to the provisions of the Act.

Notwithstanding any other provision of this Agreement, the liability of the County shall be limited to Program funds actually received by the County. Each City understands that the County must wait for release of Program funds from HUD before the funds may be distributed. The County shall incur no liability to any City, its officers, agents, employees, suppliers, or contractors for any delay in making any such payments. All requests for payment requests must be made on forms approved by HUD and the County, with supporting documentation required by HUD and the County.
c. Program Administrative Costs may be allocated pursuant to 24 CFR 570.206 and applicable laws and regulations.

5.14.b
Packet Pg. 159 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 7 14. Public Services. An amount not to exceed fifteen (15) percent of the total annual CDBG funds, may be allocated for eligible public services, as defined in 24 CFR 570.201, and related projects. Eligible public services (labor, supplies, and materials) include but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare (but excluding the provision of income payments identified under 24 CFR 570.207(b)(4)), homebuyer down payment assistance, or recreational needs. (24 CFR 570.201(e)).

15. Program Income.
a. Program income shall be tracked received, expended and reported as required by 24 CFR 570.504 and applicable laws and regulations.
b. The County shall monitor the use of any program income. Each City shall maintain appropriate record-keeping and provide prompt reporting of program income.

16. Change in Use of Property. A City shall obtain the County’s prior written approval to modify or change the use of real property acquired or improved in whole or in part using Program Funds, to a use which was not contemplated at the time of acquisition or improvement, including disposition. Such notification shall be made within six (6) months before the effective date of such proposed change of use, and any change in use shall comply with the provisions of 24 CFR 570.505.

17. Fair Housing Implementation. The Parties agree no Program funding shall be allocated or expended for activities in or in support of any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County’s actions to comply with its fair housing certification.

18. Claims and Indemnification.
a. To the fullest extent permitted by law, a Party (including its employees, agents, elected officials and volunteers) whose act, omission, negligence, misconduct or other fault gives rise to any claim, loss, liability, cost or expense, including, but not limited to, reasonable attorneys’ fees, court costs, penalties, claims for reimbursement and sanctions (hereinafter collectively referred to as “claims”), made by HUD or any third party shall defend and hold harmless the other Parties from and against any and all such claims.

b. Each City agrees to indemnify and hold harmless the County and each of their respective officers, directors, agents, designated representatives, employees and affiliates (“Indemnified Parties”) from any all claims arising out of, or in any way related to any its negligence or wrongful acts, breach or failure to comply with the terms and conditions of this Agreement or the Program Agreements, or failure to comply with applicable law. The obligations under this provision are independent of all other rights or obligations set forth herein. This

5.14.b
Packet Pg. 160 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 8 indemnification provision shall survive the disbursement of the Award funds, as well as any termination of this Agreement or the Program Agreements.

19. Audit. Each City agrees to cooperate, at no cost to the County, in any audit of Program activities involving Program Funds received by that City, including not limited to preparing appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 24 CFR 200.510; promptly follow up and take corrective action on audit findings; comply with any corrective action plans issued in connection with the audit; and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required applicable regulations.

20. Default and Remedial Action. Pursuant to 2 CFR 200, et seq., if a Party fails to comply with any term(s) outlined in this Agreement or the Program Agreements, the County may take appropriate corrective or remedial action against the defaulting Party in accordance with 2 CFR 570.910.

21. Consolidated and Further Continuing Appropriations Act. No City may sell, trade, or otherwise transfer all of any portion of Program funds to another metropolitan city, Urban County, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives Program funds in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Act.

22. Allocation Agreement. For each fiscal year during the term of this Agreement, the County and each City may enter into an Annual Allocation Agreement, prepared jointly by the County and each City, which identifies the City’s annual allocation of Program funds that the County will administer during that program year. The reimbursements made shall not exceed the amount of the annual allocation.

23. Amendments. Any amendments to this Agreement shall be in writing. Parties agree any such fully executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any related grant agreement or the regulations issued pursuant to the Act. Periodically, statutory or regulatory changes may require the County to amend this Agreement to add the new provision(s).

The County may draft a separate amendment to its existing agreements that includes the new provision(s) rather than drafting a new Cooperation Agreement that contains the new provisions.

However, the separate amendment must be executed by the City Manager of each of the Cities or his/her designee.

24. Compliance with Federal Regulations.
a. General. The Parties agree to take all actions necessary to assure compliance with the Urban County’s certifications required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of

5.14.b
Packet Pg. 161 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 9 1964, the Fair Housing Act, affirmatively furthering fair housing, Section 109 of Title I of the Housing and Community Development Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Act of 1970; and other applicable laws.
b. Citizen Participation. The Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with:
i) An estimate of the amount of Program funds proposed to be used for activities that will benefit persons of low and moderate income; and ii) A plan for minimizing displacement of persons as a result of Program - assisted activities and programs, and to provide assistance to such persons. c. Citizen Participation Plan. The Parties agree to follow a citizen participation plan which:
i) Provides for and encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used;
ii) Provides citizens with reasonable and timely access to local meetings, staff reports, and other information relating to grantee’s proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act; iii) Provides for meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2) review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation of handicapped persons; iv) Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable;
v) Identifies how the needs of non-English speaking residents will be met in the case of meetings where a significant number of non-English speaking residents can be reasonably expected to participate.

25. Conflict of Interest. No federal grant monies have been paid or will be paid, by or on behalf of the Parties, to any officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement.

5.14.b
Packet Pg. 162 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 10 26. Influence. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

27. Certifications Disclosure. The Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into.
a. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101-144 (the 1990 HUD Appropriations Act), each Party certifies that it has adopted and is enforcing:
i) A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non-violent civil rights demonstrations; and
ii) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within their jurisdictions.

28. Qualification Documentation. A fully executed copy of this Agreement, together with the approving resolutions of both the City and the County, shall be submitted to HUD by the County as part of its qualification documentation and the City does hereby give the County the authority to carry out Program activities and projects which will be funded from annual Program funds during the term of his agreement and from any Program income generated from the expenditures of those funds.

29. HUD Certification. Program recipients shall make all certifications required under 24 CFR 91.225 and applicable laws and regulations.

30. Maintenance of Records. Each City shall maintain records of activities for any projects undertaken pursuant to the Programs and said records shall be open and available for inspection by auditors assigned by HUD and/or the County on reasonable notice during the normal business hours of the City.

31. General Provisions.

5.14.b
Packet Pg. 163 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 11 a. Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had in fact drafted this Agreement. b. Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which any Consortium Member shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first class mail to the respective parties as set forth in Attachment 1 to this Agreement.
c. This Agreement shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue in the County of Stanislaus, State of California.
d. The Board of Supervisors and the City Council of each City shall authorize this Agreement. The Chief Executive Officer of the County or the City Manager of the City, or their authorized designees must sign this Agreement on behalf of their respective jurisdiction. This Agreement must include as attachments the authorizing resolutions from the governing body stating that the party signing the agreement has the authority to sign the Agreement. e. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first hereinabove written.
[SIGNATURES BEGIN ON THE FOLLOWING PAGE]

5.14.b
Packet Pg. 164 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 12 STANISLAUS COUNTY:

By _____________________________ ________________________ Jody Hayes Dated
Chief Executive Officer
APPROVED AS TO CONTENT:

Angela Freitas, Director
Planning and Community Development Department
By ____________________________
Angela Freitas
Director

OPINION OF COUNTY COUNSEL
The terms and provisions of this Agreement are fully authorized under Federal, State and local law. This Agreement provides that Stanislaus County will serve as Lead Agency under applicable laws and regulations; and that Stanislaus County has the authority to undertake, or assist in undertaking, essential community renewal and lower income housing assistance activities.

STANISLAUS COUNTY COUNSEL
Thomas E. Boze
By: __________________________
G. Michael Ziman, Deputy County Counsel

5.14.b
Packet Pg. 165 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 17 CITY OF PATTERSON:

By ___________________________ ________________________ Dennis McCord Dated
Mayor
ATTEST:

By ___________________________
Aracely Alegre
City Clerk
APPROVED AS TO CONTENT:

By ____________________________
Ken Irwin
City Manager
APPROVED AS TO FORM:

By ____________________________
Tom Hallinan
City Attorney

5.14.b
Packet Pg. 166 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 20 Attachment 1
Member Notice Information
County of Stanislaus
Department of Planning and Community Development
Attention: Deputy Director
1010 Tenth Street, Suite 3400
Modesto, CA 95354
City of Ceres
Department of Planning and Building
2720 Second Street
Ceres, CA 95307
City of Hughson
Department of Community Development
P.O. Box 9
Hughson, CA 95326
City of Newman
Department of Community Development
P.O. Box 787
Newman, CA 95360
City of Oakdale
Department of Community Development
455 S. Fifth Street
Oakdale, CA 95361
City of Patterson
Department of Community Development
P.O. Box 667
Patterson, CA 95363
City of Riverbank
Department of Economic Development and Housing
6707 3rd Street
Riverbank, CA 95367
City of Waterford
City Manager’s Office
P.O. Box 199
Waterford, CA 95386

5.14.b
Packet Pg. 167 Attachment: Intergovernmental Cooperative Agreement FINAL (Resolution No. 2022-42 CDBG Cooperation Agreement) 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: June 21, 2022
ITEM NO: 5.15
SUBJECT: Approve Street Closure for Patterson FDES Festa Parade on June 25 & 26, 2022.

RECOMMENDATION
Approve the Street Closures for Patterson FDES Annual Festa Parade June 25 & 26, 2022.

BACKGROUND
This is an annual celebration of a Portuguese Festa do Divino Espirito Santo, Besta Bodo do leite Pending:

Insurance and Endorsement
permit fees
Payment for Street Closure on Saturday Sweeping Services

FISCAL IMPACT
All fees to be paid by the applicant for the following:

Encroachment Fee: $169.00
Street sweeping: $42 / hour
The applicant is requesting Street Sweeping services, Public Works will coordinate that with our event holder and the applicant will pay all costs associated with the event.

5.15 Packet Pg. 168

5.15.a
Packet Pg. 169 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 170 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 171 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 172 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 173 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 174 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 175 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 176 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 177 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 178 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 179 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 180 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 181 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade)

5.15.a
Packet Pg. 182 Attachment: Festa do Divino Festa Bodo do Leite (FDES Festa Parade) 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: June 21, 2022
ITEM NO: 5.16
SUBJECT: Adopt Resolution No. 2022-47, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

RECOMMENDATION
Motion to Adopt Resolution No. 2022-47, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

BACKGROUND
On September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Ralph M. Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Orders temporarily suspending provisions of the Brown Act. On September 20, 2021, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021. Over the past year, meetings of the City’s legislative bodies have been held with virtual teleconference components.

AB 361, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when a local legislative body holds a meeting during a declared state of emergency by the governor and when state or local health officials have imposed or recommended measures to promote social distancing.

REASONS FOR RECOMMENDATION

5.16 Packet Pg. 183
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta variant has surged in California, the Legislature has taken action to extend the COVID-19 exceptions to the Brown Act’s teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances:
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor, and state or local officials have imposed or recommended measures to promote social distancing.
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
• The local legislative body holds a meeting during a proclaimed state of emergency by the governor and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies.

Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act:
• Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
• In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.
• Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
• Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
• Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and

5.16 Packet Pg. 184
prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions).
• Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

AB 361 also provides that if a local agency conducts teleconference meetings in reliance on AB 361, the local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules:
•The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exists: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. AB 361 contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. However, shortly after signing AB 361, Governor Newsom signed Executive Order N-15-21 to suspend AB 361 until October 1, 2021.

FISCAL IMPACTS
There is no fiscal impact.

ENVIRONMENTAL:

Authorizing Teleconference Public Meetings is not a “project” under the California Environmental Quality Control Act. (Pub. Resources Code, § 21065.)

ALTERNATIVE ACTIONS

1. Adopt Resolution No. 2022-47;

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

3. Reject Resolution No. 2022-47

5.16 Packet Pg. 185
{CW108806.1}
RESOLUTION NO. 2022-47

A RESOLUTION OF THE CITY OF PATTERSON CITY COUNCIL

PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING

REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF PATTERSON PURSUANT TO ASSEMBLY
BILL 361 AND BROWN ACT PROVISIONS
WHEREAS, the City Council of the City of Patterson (the “City”) is committed to preserving public access and participation in meetings of the legislative bodies of the City; and
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Gov. Code, §§ 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill (“AB”) 361, amending Government Code section 54953, subdivision (e) to allow for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953, subdivision (b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition for remote teleconferencing participation in meetings by members of a legislative body is that a state of emergency is declared by the Governor, pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing or the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of the threat of COVID-19; despite sustained efforts, the virus continues to spread and is impacting nearly all sectors of California; and

5.16.a
Packet Pg. 186 Attachment: Resolution No. 2022-47 AB361 (8th Approval June 21, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-47 AB 361 Zoom {CW108806.1}
WHEREAS, there has been a significant increase in COVID-19 cases in Stanislaus County due primarily to the Omicron variant of SARS-CoV-2, the virus that causes COVID-19. Emerging evidence indicates that the Omicron variant is far more transmissible than prior variants of the virus, may cause more severe illness, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not later than 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) the state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.

NOW, THEREFORE, THE CITY OF COUNCIL OF THE CITY OF
PATTERSON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Proclamation of Local Emergency. The City Council hereby proclaims that a local emergency exists throughout the City, and that the legislative body meeting in person could present imminent risks to the health and safety of attendees due to the prevalence of COVID-19 in Stanislaus County and the state, such that the City reserves the right to continue virtual meetings or conduct in-person meetings, consistent with local health guidance or duly issued orders.

Section 3. Remote Teleconference Meetings. The legislative body and designees of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public

5.16.a
Packet Pg. 187 Attachment: Resolution No. 2022-47 AB361 (8th Approval June 21, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-47 AB 361 Zoom {CW108806.1}
meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) November 18, 2021, or (ii) such time the City Council makes a subsequent finding by majority vote in accordance with Government Code section 54953, subdivision (e)(3), to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED AND ADOPTED by the City Council of the City of Patterson at a meeting of said City Council held on the 21st day of June 2022, 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

5.16.a
Packet Pg. 188 Attachment: Resolution No. 2022-47 AB361 (8th Approval June 21, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-47 AB 361 Zoom {CW108806.1}
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 21st day of June 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

5.16.a
Packet Pg. 189 Attachment: Resolution No. 2022-47 AB361 (8th Approval June 21, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-47 AB 361 Zoom City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Dennis McCord, Mayor
MEETING DATE: June 21, 2022
ITEM NO: 6.1
SUBJECT: Proclamation - Society for disABILITIES Celebrating 75 Years and Disabilities Awareness Month "June 2022" (Mayor McCord) This item is informational. No action needed.

6.1 Packet Pg. 190

Celebrating 75 Years PROCLAMATION
WHEREAS, In 1947, the words “disabled” or “handicapped” were seldom used in reference to people and anyone with a disability was considered “crippled”; and WHEREAS It was during this time that a small group of people in the farming community of Modesto, gathered to help the disabled by providing them with medical equipment, physical therapy, doctor consultations and even vocational rehabilitation; and
WHEREAS, This small group of people grew and became the Society for disABILITIES, a non-profit organization dedicated to improving the quality of life and self-sufficiency of people with disabilities; and increasing public awareness about diverse abilities is vital to fighting the stigma and discrimination that often serve as a barrier to employment, socialization, and individual well-being; and WHEREAS, over 50,000 people in Stanislaus County have a disability, according to the 2020 US Census and Society for disABILITIES provides unique programs and services to this very special and vulnerable population; and
WHEREAS, the City of Patterson wants to celebrate and recognize people with different abilities as independent, productive individuals; and
WHEREAS, Society for disABILITIES makes this possible thru their Medical Loan Closet, educational and recreational programs, sign language classes, job training services, and resources and referral services; and
NOW, THEREFORE, LET IT BE PROCLAIMED that June 2022 is Disability Awareness Month in the City of Patterson and organizations such as Society for disABILITIES make life possible for many that suffer medical disadvantages. We urge all our citizens to become aware of the needs and capabilities of persons with disabilities and to support non-profit organizations such as Society for disABILITIES.

NOW, THEREFORE BE IT FURTHER RESOLVED that I, Dennis McCord, by the virtue of the authority vested in me as the Mayor of the City of Patterson, do hereby officially congratulate Society for disABILITIES for 75 Years of continued work in our community.

IN WITNESS, HEREOF, I have hereunto set my hand and caused the official seal of the City of Patterson to be affixed this 21st day of June 2022. ___________________________
Dennis McCord
Mayor

6.1.a
Packet Pg. 191 Attachment: Proclamation - Society for disABILITIES 75 Years (Proclamation - Society for disABILITIES Celebrating 75 Years) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Alysia Gomez,
MEETING DATE: June 21, 2022
ITEM NO: 7.1
SUBJECT: Authorize Staff to abate Public Nuisances at 701 W. Las Palmas Ave., 15601 S 9th St. and 606 Beck Creek Ln. by demoing and/or securing the buildings, removing weeds, dirt, rubbish, and other rank growth as required pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704, as defined in Chapter 6.16 of the Patterson Municipal CodeProperty Maintenance; Authorize Staff to begin bid process (Resolution No. 2022-32) Clean-Up Process.

RECOMMENDATION
Motion to Authorize Staff to abate Public Nuisances at 701 W. Las Palmas Ave., 15601 S 9th St. and 606 Beck Creek Ln. by demoing and/or securing the buildings, removing weeds, dirt, rubbish, and other rank growth as required pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704, as defined in Chapter 6.16 of the Patterson Municipal Code-Property Maintenance; Authorize Staff to begin bid process (Resolution No. 2022-32) Clean-Up Process.

BACKGROUND
The abatement of Public Nuisances, including Unsafe, Unsecure Buildings, Weeds, Dirt, Rubbish and/or Rank Growth is a process the City of Patterson Code Enforcement conducts year-round, per Ordinance, in an effort to reduce the aforementioned, which may interfere with public health and safety, endanger or injure, or be detrimental to, or which cause substantial diminution in the value of neighboring property or endanger or injure the welfare of the residents in the vicinity of such property, or which may become a fire hazard.

This process is conducted year-round by Code Enforcement and annually by the City Patterson Fire Department with a greater emphasis placed on abating such nuisances between May and

7.1 Packet Pg. 192
October, where hotter, dryer conditions create a greater potential for ignition of combustible materials.

Recent unlawful residential property nuisance conditions and activity including structure fires, unauthorized entry, and lack of property maintenance from persons owning, leasing, renting, occupying or having charge or possession of residential properties has occurred with some properties. Therefore, Code Enforcement has caused notice to be given requiring the abatement of such nuisances and stating that unless such nuisances be abated without delay by the demoing and/or securing of buildings, destruction or removal of the weeds, rubbish, dirt and rank growth, the nuisances will be abated by city authorities and the expense thereof assessed upon the lot, parcel, and land from or on which such nuisance was abated.

ANALYSIS
Notice has been issued to the addresses listed (see Exhibit “A” May 10, 2022, and Exhibit “B” May 12, 2022) in accordance with the City of Patterson Municipal Code, Chapter 6.16 Property Maintenance, Sections: 6.16.030 and 6.16.050 (A), (B) which states:

6.16.030 Notice to abate nuisance.

Whenever the director, or such other official as may be designated by the city council, finds that weeds, rubbish, dirt or rank growth are growing, located or existing upon any property within the city in violation of the provisions of this chapter which may endanger or injure, or be detrimental to, or which cause substantial diminution in the value of neighboring property or endanger or injure the welfare of the residents in the vicinity of such property, or which may become a fire hazard, the director, or such other official as may be designated by the city council, shall give, or cause to be given, notice in the manner and in the forms specified in this chapter requiring the abatement of such nuisance and stating that unless such nuisance be abated without delay by the destruction or removal of the weeds, rubbish, dirt and rank growth, the nuisance will be abated by city authorities and the expense thereof assessed upon the lot, parcel and land from or on which such nuisance was abated. (Ord. 704 § 1 (part), 2008: Ord. 243 § 3, 1974.)

6.16.050 Service of notice.

Such notices shall be given in the manner set forth in this section:

A. The director, or such other official as may be designated by the city council, shall cause a notice or notices to be mailed by United States mail, to the owner of the subject property as shown upon any city record, or upon the last equalized assessment roll or at his last known address, whichever he shall determine to be the best means of serving notice upon the actual owner. Additionally, if the subject property address and the subject property owner’s address are different, the director or other designated official shall cause a notice or notices to be mailed by United States mail to the property address. The failure of the owner to receive such notice shall not affect the power of the city or of its officers or employees to proceed as provided in this chapter.

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B. Such notice shall be mailed not less than ten days prior to the date set for a hearing upon objections as provided in Section 6.16.060
<http://www.codepublishing.com/CA/Patterson/html/Patterson06/Patterson0616.htm l> of this chapter. (Ord. 704 § 1 (part), 2008: Ord. 243 § 5, 1974).

A revised and updated list will be provided at the City Council Meeting.

The property owners have objected to the aforementioned notice and have been notified the option to attend a meeting of the City Council of the City of Patterson on June 7, 2022, or as soon as possible thereafter for their objections to be heard and given consideration. Therefore, upon completion, staff is requesting approval from the City Council to authorize staff to address the nuisances, per Patterson Municipal Code, Chapter 6.16 Property Maintenance Section

6.16.190.

FISCAL IMPACT
The recommended action would not directly result in an impact to the City’s funds, with the exception of staff time spent on surveying the properties. All costs incurred will be recouped by the City as per the Patterson Municipal Code, Chapter 6.16 Property Maintenance Section

6.16.190:

6.16.190 Assessment of costs against property-Lien.

The cost of abatement upon, or in front or rear, of each lot or parcel of land shall constitute a special assessment against that lot or parcel. After such assessment has been made and confirmed, it shall constitute a lien upon such lot or parcel for the amount of such assessment, until paid. (Ord. 704 § 1 (part), 2008: Ord. 243 § 16, 1974. Formerly

6.16.180).

7.1 Packet Pg. 194
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RESOLUTION NO. 2022-32

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

DECLARING THE EXISTENCE OF A PUBLIC NUISANCE UNDER
ORDINANCE NOS. 243 AND 704
WHEREAS, the Code Enforcement Division of the City of Patterson has reported weeds, rubbish, dirt, rank growth and/or mistletoe located and existing on properties in the City of Patterson in violation of Ordinance Nos. 243 and 704 of the City of Patterson, a description of said properties being hereto attached as Exhibit A; and
WHEREAS, the Code Enforcement Division of the City of Patterson caused Notice to be mailed to the owner(s) of subject properties as in said ordinance provided, said notice giving notice to abate said nuisance and setting a time and place for hearing objections to the proposed abatement; and
WHEREAS, said hearing, public comment/action item was held on the 21st day of June 2022 as in said Notice(s) provided; and
WHEREAS, no objections to the proposed abatement were received at said hearing.

WHEREAS, the City of Patterson has determined and certifies that the charges are either exempt from or in compliance with all the provision of Proposition 218, which was passed by the voters in November 1996. The City of Patterson has further determined the charges are in compliance with all laws pertaining to the levy of such charges.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson that said City Council finds that a condition exists with regard to the properties in said City which is dangerous to life, limb and property, and to the public health, safety, morals in that weeds, rubbish, dirt, rank growth and/or mistletoe are growing, located, and existing upon said properties in violation of Ordinance Nos. 243 and 704 of the City of Patterson, which endanger and may injure neighboring properties and endangers and may injure the welfare of residents in the vicinity of said properties, and which is a hazard; that of said properties hereto attached as Exhibit A.

The foregoing resolution was passed by the City Council at a regular meeting held on the 21st

7.1.a
Packet Pg. 195 Attachment: 22-32 Code Enforcement Dept. - Weed and Rubish Abatement, Clean Up Process (Approved June 21, 2022) (Public Nuisance 1 2
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day of June 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
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 21st day of June 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATE:
________________________________
City Clerk of the City of Patterson

7.1.a
Packet Pg. 196 Attachment: 22-32 Code Enforcement Dept. - Weed and Rubish Abatement, Clean Up Process (Approved June 21, 2022) (Public Nuisance Exhibit A
May 10, 2022

SITE APN
1 701 W. Las Palmas Ave. 048-048-007-000
2 15601 S. 9th St. 048-047-007-000
Property
Address:
701 W Las Palmas Ave. A.P.N: 048-048-007-000
Violation: Demo or Secure Building, Remove Accumulated Junk, Rubbish, Overgrown Vegetation, and any Debris from Property.

Date Notified: 05/10/2022

7.1.b
Packet Pg. 197 Attachment: 6-7-22 CC Meeting - Exhibit A (Public Nuisance Abatements)

7.1.b
Packet Pg. 198 Attachment: 6-7-22 CC Meeting - Exhibit A (Public Nuisance Abatements) Property
Address:
15601 S 9th St. Las Palmas Ave. A.P.N: 048-047-007-000
Violation: Demo or Secure Building, Remove Accumulated Junk, Rubbish, Overgrown Vegetation, and any Debris from Property.

Date Notified: 05/10/2022

7.1.b
Packet Pg. 199 Attachment: 6-7-22 CC Meeting - Exhibit A (Public Nuisance Abatements)

7.1.b
Packet Pg. 200 Attachment: 6-7-22 CC Meeting - Exhibit A (Public Nuisance Abatements) City of Patterson
1 Plaza
P.O. Box 667
Patterson, California 95363
(209) 895-8000
Code Enforcement Division
Phone (209) 895-8038
Fax (209) 895-8019
[email protected]
CE22-53

NOTICE TO ABATE PUBLIC NUISANCE
May 10, 2022
Property Owner(s): Mahaffey Family LTD Par
PO Box 307
Patterson, CA 95363
Violation Address: 15601 S. 9th Street. Patterson CA 95363 Assessor’s Parcel Number: 048-047-007-000
A visual inspection of your property was made and as a result of said inspection, the property has been identified as having an unsecure buildings, overgrown weeds, rubbish, dirt and rank growth and other nuisances as defined in Patterson Municipal Code § 6.16.020 Nuisances. Property owners, agents or tenants have the responsibility to maintain properties under their control in compliance with Local and State Ordinances.

Therefore, notice is hereby given that: Pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704 of the City of Patterson, all weeds, rubbish, dirt and rank growth and other nuisances as defined in Patterson Municipal Code § 6.16.020 of said Ordinance, growing or existing on private property on this street or in any street or alley abutting any such property constitute a public nuisance which must be abated by the destruction or removal thereof.

All persons owning, managing or having control or charge or occupancy of any such private property shall, without delay, demo or securing the buildings, destroy or remove all such weeds, rubbish, dirt and/or rank growth from their property and from their half of the abutting street and alley between the lot lines, as extended, or such weeds, rubbish, dirt and/or rank growth will be destroyed or removed and such nuisance abated by city authorities, in which case the cost of destruction or removal will be assessed upon the lots and lands, from, or on which, or abutting the streets and alleys from, or on which, such nuisance was abated, and such costs will constitute a lien upon the lots or parcels until paid and will be collected on the next tax roll upon which municipal taxes are collected.

All property owners having objections to the proposed abatement of the nuisance are hereby notified to attend a meeting of the City Council of the City of Patterson to be held on June 7, 2022 @ 7:00 pm or as soon as possible thereafter, at which time and place all objections will be heard and given due consideration.

Please remove any and all overgrown weeds or vegetation, rubbish, dirt and or rank growth from the property within 10 days of this notice by: May 20, 2022. Failure to remove any and all overgrown weeds or vegetation will result in City Council considering your property for abatement by a private contractor.

Any fees incurred will be billed to the property owner or a lien will be placed on the property. If you have any question regarding this matter, please call (209) 895-8038.

Alysia Gomez,
Senior Code Enforcement Officer
NOTICE DATE: May10, 2022
(ORD. 704 1(part), 2008: ORD. 243 4, 1974)

7.1.b
Packet Pg. 201 Attachment: 6-7-22 CC Meeting - Exhibit A (Public Nuisance Abatements) Exhibit B
May 12, 2022

SITE APN
1 606 Beck Creek Ln. 021-066-044-000
Property
Address:
606 Beck Creek Ln. A.P.N: 021-066-044-000
Violation: Secure Building, Remove Accumulated Junk, Rubbish, Overgrown Vegetation, Inoperative Vehicles, Vehicle Parts, and any Debris from Property.

Date Notified: 05/12/2022

7.1.c
Packet Pg. 202 Attachment: 6-7-22 CC Meeting - Exhibit B (Public Nuisance Abatements)

7.1.c
Packet Pg. 203 Attachment: 6-7-22 CC Meeting - Exhibit B (Public Nuisance Abatements)

7.1.c
Packet Pg. 204 Attachment: 6-7-22 CC Meeting - Exhibit B (Public Nuisance Abatements) City of Patterson
1 Plaza
P.O. Box 667
Patterson, California 95363
(209) 895-8000
Code Enforcement Division
Phone (209) 895-8038
Fax (209) 895-8019
[email protected]
CE22-90

NOTICE TO ABATE PUBLIC NUISANCE
May 12, 2022
Property Owner(s): Nicole M. Halvorson
606 Beck Creek Ln.

Patterson, CA 95363
Violation Address: 606 Beck Creek Ln. Patterson CA 95363 Assessor’s Parcel Number: 021-066-044-000
A visual inspection of your property was made and as a result of said inspection, the property has been identified as substandard/unsecure, having overgrown weeds, rubbish, dirt and rank growth and other nuisances as defined in Patterson Municipal Code § 6.16.020 Nuisances. Property owners, agents or tenants have the responsibility to maintain properties under their control in compliance with Local and State Ordinances.

Therefore, notice is hereby given that: Pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704 of the City of Patterson, all weeds, rubbish, dirt and rank growth and other nuisances as defined in Patterson Municipal Code § 6.16.020 of said Ordinance, growing or existing on private property on this street or in any street or alley abutting any such property constitute a public nuisance which must be abated by the destruction or removal thereof.

All persons owning, managing or having control or charge or occupancy of any such private property shall, without delay, secure dwelling, destroy or remove all such weeds, rubbish, dirt and/or rank growth from their property and from their half of the abutting street and alley between the lot lines, as extended, or such weeds, rubbish, dirt and/or rank growth will be destroyed or removed and such nuisance abated by city authorities, in which case the cost of destruction or removal will be assessed upon the lots and lands, from, or on which, or abutting the streets and alleys from, or on which, such nuisance was abated, and such costs will constitute a lien upon the lots or parcels until paid and will be collected on the next tax roll upon which municipal taxes are collected.

All property owners having objections to the proposed abatement of the nuisance are hereby notified to attend a meeting of the City Council of the City of Patterson to be held on June 7, 2022 @ 7:00 pm or as soon as possible thereafter, at which time and place all objections will be heard and given due consideration.

Please remove any and all overgrown weeds or vegetation, rubbish, dirt and or rank growth from the property within 10 days of this notice by: May 22, 2022. Failure to secure dwelling, remove any and all overgrown weeds or vegetation will result in City Council considering your property for abatement by a private contractor. Any fees incurred will be billed to the property owner or a lien will be placed on the property. If you have any question regarding this matter, please call (209) 895-8038.

Alysia Gomez,
Senior Code Enforcement Officer
NOTICE DATE: May 12, 2022
(ORD. 704 1(part), 2008: ORD. 243 4, 1974)

7.1.c
Packet Pg. 205 Attachment: 6-7-22 CC Meeting - Exhibit B (Public Nuisance Abatements) 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: June 21, 2022
ITEM NO: 8.1
SUBJECT: Hold Public Hearing, Receive Public Comments Pursuant Prop 218 Requirements; Consider any Protests Regarding the Proposed Water Rate Increases in Accordance with Prop 218; and Approve Resolution No. 2022-43 Declaring the Results of the Noticed Protest Proceedings and Adopting a Five-Year Schedule of Water Rate Adjustments.

RECOMMENDATION
Hold Public Hearing, Receive Public Comments Pursuant Prop 218 Requirements; Consider any Protests Regarding the Proposed Water Rate Increases in Accordance with Prop 218; and Approve Resolution No. 2022-43 Declaring the Results of the Noticed Protest Proceedings and Adopting a Five-Year Schedule of Water Rate Adjustments.

BACKGROUND
The city provides water service to approximately 6,900 customers. The water utility is a financially self-sufficient enterprise fund that relies primarily on revenues from water service charges to fund the costs of providing service. As such, water rates must be set at levels adequate to recover operating costs and to fund necessary capital investments to keep the system in good operating condition.

During FY 2017/18 the city adopted increased water rates for five years (2018 through 2022).

The City approved a Professional Service Contract with Bartle Wells and Associates, who has completed various rate studies for the City, to complete a Water Rate Study that would analyze current and future operating/maintenance costs and needs including personnel, equipment, and supplies; capital improvement program (CIP) projects for water; and debt service/coverage obligations and come up with rates for the next five years (2023 through 2027/28). The city is currently on the last water rate increase that took effect January 1, 2022.

8.1 Packet Pg. 206
Under the current water rate structure customers pay a fixed service charge based on meter size plus a quantity rate per hundred cubic feet. The quantity charge is based on two tiers with use in higher tiers charged progressively more. Additionally, the city currently offers low-income senior discount rates to those that qualify. It is the city’s intention to continue to offer this discount.

Details on the rate analysis and the rate report were presented on the April 19, 2022 Council meeting and Council adopted Resolution No. 2022-20, calling a special notice proceeding (Prop 218) and setting the date of June 21, 2022 for the public hearing for the adoption of rates, fees, and charges of water service. The 45-day prop 218 notices were distributed in the utility bills and as a mail-out as required by Article XIIID of the California State Constitution and the Proposition 218 Omnibus Implementation Act which requires local government to notify property owners and/or rate payers of proposed water rate increases. The public hearing also was advertised in the Patterson Irrigator and posted on the City’s website along with copies of the study and proposed rates.

Currently the City offers a low-income discount program to seniors for the water rates. The city offers a Senior Low Income Senior Discount program offered to customers 60 years of age or older who can provide proof of enrollment in the TID Care Program. The program is subsidized by the Water Fund late fees revenues and there are seniors who are currently enrolled. Currently there is a total of 52 customers on this program. The FINAL Water Rate Study prepared by Bartle Wells Associates and Low-Income Senior Discount table are also available on the City’s website www.ci.patterson.ca.us.

ANALYSIS
The Water Rate Study prepared by Bartle Wells and Associates identifies the need for 2% annual increases beginning in January 2023. The rate increase supports the following:
¾ Operation & maintenance of Water system.
¾ Operation & maintenance of ten groundwater wells, three storage tanks/pressure zones; and approximately 50 miles of water system mains.
¾ Equipment/vehicles/supplies for the next 5 years.
¾ Staffing needs for next 5 years.
¾ City’s share (existing deficiencies ONLY) of the Water CIP estimated $27 million. ¾ The new rates DO NOT support development’s share of any CIP projects.

Proposed Rates

8.1 Packet Pg. 207
Current Rate CY 2023 CY 2024 CY 2025 CY 2026 CY 2027
Monthly Tiers

2.0% 2.0% 2.0% 2.0% 2.0%
Quantity Rates Use ($/ccf)
Tier 1 (0 to 13) $2.70 $2.80 $2.86 $2.92 $2.97 $3.03
Tier 2 (>13) $3.86 $3.89 $3.97 $4.05 $4.13 $4.21
Service Charges
Meter Size Monthly Rate
5/8" $16.79 $17.12 $17.46 $17.81 $18.17 $18.53
3/4" $16.79 $17.12 $17.46 $17.81 $18.17 $18.53
1" $21.82 $22.26 $22.70 $23.16 $23.62 $24.09
1 1/2" $26.86 $27.39 $27.94 $28.50 $29.07 $29.65
2" $43.64 $44.51 $45.40 $46.31 $47.24 $48.18
3" $167.85 $171.21 $174.63 $178.13 $181.69 $185.32
4" $213.17 $217.44 $221.78 $226.22 $230.74 $235.36
6" $320.60 $327.01 $333.55 $340.22 $347.03 $353.97
8" $443.13 $451.99 $461.03 $470.25 $479.66 $489.25
Current Rate CY 2023 CY 2024 CY 2025 CY 2026 CY 2027
Monthly Tiers
Quantity Rates Use ($/ccf)
Tier 1 (0 to 13) $1.97 $2.10 $2.14 $2.19 $2.23 $2.28
Tier 2 (>13) $2.73 $2.92 $2.98 $3.04 $3.10 $3.16
Service Charges
1" and below meters $13.91 $12.84 $13.10 $13.36 $13.63 $13.90 *Proposed 25% discount. Current discount is 27% on tier 1, 29% on tier 2, and 17% on meter charge.

Proposed Water Rates - With Low Income Senior Discount* (Recommended overall rate increases)
Quantity Discount Rate
Monthly Discount Rate
It is important to note that the proposed water rate adjustments take into consideration both the City’s ongoing operating costs and necessary capital improvements to our water system infrastructure, including existing system deficiencies and personnel/equipment needed to maintain regulatory compliance.

The city will hold a Public Hearing on Tuesday, June 21, 2022, at 7:00 p.m., at No. 1 Plaza, Patterson, CA 95363 in the Council Chambers. At the time of the public hearing, the City Council will hear and consider all protests and objections concerning these matters and will consider and may adopt the increased rates. To oppose the proposed water rate increases, property owners or tenants may submit written protests prior to the close of the public hearing.

Written protests must be signed and include identification of the property involved in the protest by assessor parcel number or address. If written protests against the rate adjustments are submitted by more than 50% of the affected properties, the proposed rate adjustments will not be adopted. Only one protest per property will be counted.

FISCAL IMPACT
All costs associated with this item are paid for by the Water Enterprise Fund and have been approved in the FY 2021/22 budget. All revenues generated through water rate increases will fund all operations & maintenance and Capital Improvements for the water system only.

If the Council approves the water rates, the new rates will become effective January 1, 2023.

Therefore, the FY 2022/23 budget would be adjusted accordingly to reflect the additional revenues received by the new rates. The Low-Income Senior Discount program would be continued for the next five years.

8.1 Packet Pg. 208
1 1 RESOLUTION NO. 2022-43
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, 4 CALIFORNIA, DECLARING THE RESULTS OF A NOTICED PROTEST 5 PROCEEDINGS AND ADOPTING A FIVE-YEAR SCHEDULE OF WATER RATE 6 ADJUSTMENTS
7 8 The City Council of the City of Patterson (hereafter referred to as the “City Council”) does 9 resolve as follows:
10 11 WHEREAS, the City of Patterson (“City”) owns and operates the City’s water utility 12 system, which provides water service(s) to the community; and, 13 14 WHEREAS, the City Council has by previous Resolution set rates, fees and charges for 15 water and service(s); and,
16 17 WHEREAS, the City Council has retained Bartle Wells Associates for the purpose of 18 assisting with the Water Rate Analysis and Prop 218 mailing of Notices to property owners and 19 rate payers pursuant to Article XIII D of the California Constitution; and, 20 21 WHEREAS, a mailed Prop 218 notice was distributed to the property owners and rate 22 payers of record with in the City as the County’s last equalized roll and the City’s latest rate 23 payer database. The property owners and rate payers as of the close of the Public Hearing held 24 on June 21, 2022 consented to the increase of rates, fees and charges for water service; and 25 26 NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY 27 THE CITY COUNCIL OF THE CITY OF PATTERSON, AS FOLLOWS:
28 29 Section 1 The above recitals are true and correct. 30 31 Section 2 The canvass of the written protests cast at the noticed protest proceeding held 32 on June 21, 2022, is hereby approved and confirmed.
33 34 Section 3 The proposition, presented to qualified property owners and rate payers for 35 receipt by the City Clerk each has received a notice. Of the qualified property owners and rate 36 payers filing written protests at said noticed protest proceeding, the proposition has carried. The 37 City Council is hereby authorized to take the necessary steps to adopt the following five-year 38 schedule of increased rates, fees and charges for water services(s) as authorized by the 39 proposition.
40 8.1.a
Packet Pg. 209 Attachment: Resolution No. 2022-43 - Adopting Water Rate Increases 6-21-22 (Resolution No. 2022-43 Public Hearing for Water Rate Increases) 2 Current Rate CY 2023 CY 2024 CY 2025 CY 2026 CY 2027
Monthly Tiers

2.0% 2.0% 2.0% 2.0% 2.0%
Quantity Rates Use ($/ccf)
Tier 1 (0 to 13) $2.70 $2.80 $2.86 $2.92 $2.97 $3.03
Tier 2 (>13) $3.86 $3.89 $3.97 $4.05 $4.13 $4.21
Service Charges
Meter Size Monthly Rate
5/8" $16.79 $17.12 $17.46 $17.81 $18.17 $18.53
3/4" $16.79 $17.12 $17.46 $17.81 $18.17 $18.53
1" $21.82 $22.26 $22.70 $23.16 $23.62 $24.09
1 1/2" $26.86 $27.39 $27.94 $28.50 $29.07 $29.65
2" $43.64 $44.51 $45.40 $46.31 $47.24 $48.18
3" $167.85 $171.21 $174.63 $178.13 $181.69 $185.32
4" $213.17 $217.44 $221.78 $226.22 $230.74 $235.36
6" $320.60 $327.01 $333.55 $340.22 $347.03 $353.97
8" $443.13 $451.99 $461.03 $470.25 $479.66 $489.25
Current Rate CY 2023 CY 2024 CY 2025 CY 2026 CY 2027
Monthly Tiers
Quantity Rates Use ($/ccf)
Tier 1 (0 to 13) $1.97 $2.10 $2.14 $2.19 $2.23 $2.28
Tier 2 (>13) $2.73 $2.92 $2.98 $3.04 $3.10 $3.16
Service Charges
1" and below meters $13.91 $12.84 $13.10 $13.36 $13.63 $13.90 *Proposed 25% discount. Current discount is 27% on tier 1, 29% on tier 2, and 17% on meter charge.

Proposed Water Rates - With Low Income Senior Discount* (Recommended overall rate increases)
Quantity Discount Rate
Monthly Discount Rate
1 2
3 Section 4 The City Clerk is hereby directed to enter this Resolution on the minutes of the 4 City Council which shall constitute the official declaration of the result of such noticed protest 5 proceeding.
6 7 Section 5 This Resolution shall become effective immediately upon its adoption. 8 9 Section 6 The City Clerk shall certify the adoption of this Resolution. 10 The foregoing resolution was passed by the City Council at a regular meeting held on the 21 st
11 12 day of June 2022, and the resolution adopted by the following roll call vote:
13 14 AYES:
15 16 NOES:
17 18 EXCUSED:
19 20
21 APPROVED:
22 23
24 __________________________
25 Dennis McCord
26 Mayor City of Patterson
27 8.1.a
Packet Pg. 210 Attachment: Resolution No. 2022-43 - Adopting Water Rate Increases 6-21-22 (Resolution No. 2022-43 Public Hearing for Water Rate Increases) 3 1 ATTEST:
2 3
4 5 _____________________________
6 Aracely Alegre
7 City Clerk of the City of Patterson
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed 25 by the City Council of said City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 21 st
26 day of June 2022 and I
27 further certify that said resolution is in full force and effect and has never been rescinded or 28 modified.
29 30 DATED:
31 32
33 34
35 36 __________________________________________
37 City Clerk of the City of Patterson
38 8.1.a
Packet Pg. 211 Attachment: Resolution No. 2022-43 - Adopting Water Rate Increases 6-21-22 (Resolution No. 2022-43 Public Hearing for Water Rate Increases) 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: June 21, 2022
ITEM NO: 8.2
SUBJECT: Hold the Public Hearing, Take Public Comment, and Approve the Resolutions (Nos. 2022-44, 2022-45, 2022-46) Ordering the Levy and Collection of Assessments for the City’s Benefit Assessment Districts (BADs), Landscape Maintenance Districts (LMDs), and CSA No. 15 for Fiscal Year 2022/23.

RECOMMENDATION
Hold the Public Hearing, Take Public Comment, and Approve the Resolutions (Nos. 2022-44, 2022- 45, 2022-46) Ordering the Levy and Collection of Assessments for the City’s Benefit Assessment Districts (BADs), Landscape Maintenance Districts (LMDs), and CSA No. 15 for Fiscal Year 2022/23.

BACKGROUND
Attached are the resolutions ordering the levy and collection of assessments for the following City Benefit Assessment Districts (BADs), the Landscape Maintenance Districts (LMDs), and CSA No.15 for Fiscal Year 2022/23.

BADs:
1) Country Hollow Estates
2) Golden Estates
3) Kinshire Estates
4) Patterson Estates I
5) Patterson Estates III
6) Patterson Estates IV
7) Shirepark Estates
8) Springshire Estates

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9) Walnut Square Estates
10) Weber Estates
11) Yorkshire I Estates
12) Yorkshire II Estates
13) Heartland Ranch
14) Mirragio
15) Sutter Pointe
16) Walker Ranch
17) Patterson Gardens
18) Patterson Gardens Lot E
19) Patterson Gardens Annexation #1
20) Keystone Pacific Business Park
21) Keystone Pacific Business Park Annexation #1
22) Mahaffey Plaza
LMDs:
1) County Hollow Estates District
2) Kinshire Estates District
3) Patterson Estates I,III,IV District
4) Shirepark Estates District
5) Walnut Square Estates District
6) Heartland Ranch Landscape Maintenance District
7) Heartland Ranch Overlay Landscape Maintenance District 8) Mirragio Landscape Maintenance District
9) Sutter Pointe Landscape Maintenance District
10) Walker Ranch Landscape Maintenance District
11) Patterson Gardens Landscape Maintenance District
12) Keystone Pacific Business Park Landscape Maintenance District County Service Area(s):
1) CSA No. 15 (Villa Del Lago)
The Engineer’s reports were approved by the City Council on May 17, 2022 and the Public Hearing is scheduled for tonight, Tuesday, June 21, 2022 at 7:00 p.m.

Therefore, this item is a Public Hearing and the Mayor will open the Public Hearing and public comments will be taken. Once the Public Hearing is closed, the attached resolution(s) will be considered and once approved by the City Council, the levy documents will be submitted to the County.

ANALYSIS
The reason for the assessments is to generate the revenue necessary to operate and maintain the facilities in each district.

FISCAL IMPACT
All costs associated with preparing the Engineer’s Reports, the annual levy and collection of

8.2 Packet Pg. 213
assessments, consultant expenses, and advertising are charged to the respective Districts.

Annually these districts transfer funds to the Sewer Fund and General Fund to offset staff time, labor, equipment, and maintenance performed for these districts.

8.2 Packet Pg. 214
RESOLUTION NO. 2022-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY’S BENEFIT ASSESSMENT DISTRICTS, FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Patterson (“City Council”) pursuant to the terms of the Benefit Assessment Act of 1982, Title 5 Division 2, of the California Government Code (commencing with Section 54703) (“Act”), previously formed the special maintenance assessment districts known and designated as follows:

Country Hollow Estates Benefit Assessment District
Golden Estates Benefit Assessment District
Kinshire Estates Benefit Assessment District
Patterson Estates I Benefit Assessment District
Patterson Estates III Benefit Assessment District
Patterson Estates IV Benefit Assessment District
Shirepark Estates Benefit Assessment District
Springshire Estates Benefit Assessment District
Walnut Square Benefit Assessment District
Weber Estates Benefit Assessment District
Yorkshire I Estates Benefit Assessment District
Yorkshire II Estates Benefit Assessment District
Heartland Ranch Benefit Assessment District
Miraggio Benefit Assessment District
Sutter Point Benefit Assessment District
Walker Ranch Benefit Assessment District
Patterson Gardens Benefit Assessment District
Keystone Pacific Business Park Benefit Assessment District Mahaffey Plaza Benefit Assessment District
(the “Benefit Assessment Districts”); and,
WHEREAS, the City Council wishes to levy and collect assessments in order to finance the maintenance and operation of authorized services within the Benefit Assessment Districts for Fiscal Year 2022/23; and
WHEREAS, NBS has prepared, and filed with the City Clerk, a report concerning the assessments within the Benefit Assessment Districts for Fiscal Year 2022/23. Reference is made to such report, which presents, for each district, the plans and specifications for the maintenance and operation of authorized services, an estimate of the costs of the maintenance and operation of the authorized services, and an assessment of the estimated costs of the maintenance and operation of the authorized services; and, WHERAS, the Fiscal Year 2022/23 assessments are not proposed to increase above the amount previously approved by affected property owners (as “increased assessment” is defined in Section 54954.6 of the California Government Code); and,
WHEREAS, the assessments are not based upon the assessed value of property within the Benefit Assessment Districts, but are based upon the special benefit received from the maintenance and operation of the authorized services therein; and,
WHEREAS, the assessments are in compliance with all laws pertaining to assessments levied pursuant to the Act, and the assessments are in compliance with the provisions of Proposition 218.

8.2.a
Packet Pg. 215 Attachment: Resolution No. 2022-44 Patterson BAD Reso Ordering Levy 22-23 6-21-22 (Approve Resolution Nos. 2022-44, 2022-45 and 2022-46 NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the assessments for the City’s Benefit Assessment Districts, Fiscal Year 2022/23, and considered all oral and written statements, protests and communications made or filed by interested persons.

2. Based upon its review (and amendments, as applicable) of the Annual Report, which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The land within the Benefit Assessment Districts will receive special benefit from the maintenance and operation of the authorized services therein. b. The Benefit Assessment Districts include all of the lands receiving such special benefit. c. The net amounts to be assessed upon the lands within the Benefit Assessment Districts are apportioned by a formula which fairly distributes the net amount among all assessable parcels in proportion to the estimated benefits to be received by each such parcel from the maintenance and operation of the authorized services therein.

3. The assessments for Fiscal Year 2022/23, as detailed within the Annual Report, are hereby confirmed as filed.

4. The adoption of this Resolution constitutes the levy of assessments for the Benefit Assessment Districts for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

5. The City Council hereby orders NBS to submit the assessments to the Stanislaus County Auditor’s Office for placement on the Fiscal Year 2022/23 secured property tax roll.

The foregoing resolution was passed by the City Council at a regular meeting held on the 21st day of June, 2022, and the resolution was 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

8.2.a
Packet Pg. 216 Attachment: Resolution No. 2022-44 Patterson BAD Reso Ordering Levy 22-23 6-21-22 (Approve Resolution Nos. 2022-44, 2022-45 and 2022-46 I do hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of said City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 21st day of June, 2022 and 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

8.2.a
Packet Pg. 217 Attachment: Resolution No. 2022-44 Patterson BAD Reso Ordering Levy 22-23 6-21-22 (Approve Resolution Nos. 2022-44, 2022-45 and 2022-46 RESOLUTION NO. 2022-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITY’S LANDSCAPE MAINTENANCE DISTRICTS, FISCAL YEAR 2022/23
WHEREAS, the City Council of the City of Patterson (“City Council”) pursuant to the terms of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (“Act”), previously formed the special maintenance assessment districts known and designated as follows:

Country Hollow Estates Landscape Maintenance District
Kinshire Estates District Landscape Maintenance District Patterson Estates I, III, and IV Landscape Maintenance District Shirepark Estates Landscape Maintenance District
Walnut Square Landscape Maintenance District
Heartland Ranch Landscape Maintenance District
Heartland Ranch Overlay Zone 1 Landscape Maintenance District Miraggio Landscape Maintenance District
Sutter Point Landscape Maintenance District
Walker Ranch Landscape Maintenance District
Patterson Gardens Landscape Maintenance District
Keystone Pacific Business Park Landscape Maintenance District (the “Landscape Maintenance Districts”); and,
WHEREAS, the City Council wishes to levy and collect assessments in order to provide for the costs and expenses necessary to pay for the maintenance of the improvements within the Landscape Maintenance Districts
WHEREAS, NBS has prepared, and filed with the City Clerk, a report concerning the assessments within the Landscape Maintenance Districts for Fiscal Year 2022/23. Reference is made to such report, which presents, for each district, the plans and specifications for the improvements, an estimate of the costs of the improvements, and an assessment of the estimated costs of the improvements; and, WHERAS, the Fiscal Year 2022/23 assessments are not proposed to increase above the amount previously approved by affected property owners (as “increased assessment” is defined in Section 54954.6 of the California Government Code); and,
WHEREAS, the assessments are not based upon the assessed value of property within the Landscape Maintenance Districts, but are based upon the special benefit received from the improvements therein; and,
WHEREAS, the assessments are in compliance with all laws pertaining to assessments levied pursuant to the Act, and the assessments are in compliance with the provisions of Proposition 218.

8.2.b
Packet Pg. 218 Attachment: Resolution No. 2022-45 Patterson LMD Reso Ordering Levy 22-23 6-21-22 (Approve Resolution Nos. 2022-44, 2022-45 and 2022-46 NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding the assessments for the City’s Landscape Maintenance Districts, Fiscal Year 2022/23, and considered all oral and written statements, protests and communications made or filed by interested persons.

2. Based upon its review (and amendments, as applicable) of the Annual Report, which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The land within the Landscape Maintenance Districts will receive special benefit from the maintenance and operation of the authorized services therein. b. The Landscape Maintenance Districts include all of the lands receiving such special benefit.
c. The net amounts to be assessed upon the lands within the Landscape Maintenance Districts are apportioned by a formula which fairly distributes the net amount among all assessable parcels in proportion to the estimated benefits to be received by each such parcel from the maintenance and operation of the authorized services therein.

3. The assessments for Fiscal Year 2022/23, as detailed within the Annual Report, are hereby confirmed as filed.

4. The adoption of this Resolution constitutes the levy of assessments for the Landscape Maintenance Districts for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

5. The City Council hereby orders NBS to submit the assessments to the Stanislaus County Auditor’s Office for placement on the Fiscal Year 2022/23 secured property tax roll.

The foregoing resolution was passed by the City Council at a regular meeting held on the 21st day of June 2022, and the resolution was adopted by the following roll call vote:

AYES:

NOES:

EXCUSED:

APPROVED:

Dennis McCord
Mayor of the City of Patterson

8.2.b
Packet Pg. 219 Attachment: Resolution No. 2022-45 Patterson LMD Reso Ordering Levy 22-23 6-21-22 (Approve Resolution Nos. 2022-44, 2022-45 and 2022-46 ATTEST:
______________________________
Aracely Alegre
City Clerk of the City of Patterson
I do hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of said City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 21st day of June 2022 and 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

8.2.b
Packet Pg. 220 Attachment: Resolution No. 2022-45 Patterson LMD Reso Ordering Levy 22-23 6-21-22 (Approve Resolution Nos. 2022-44, 2022-45 and 2022-46 RESOLUTION NO. 2022-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN COUNTY SERVICE AREA NO. 15 WHEREAS, the City Council of the City of Patterson, California did, by previous Resolution, approve the Annual Engineer’s Report (hereafter referred to as the “Report”) as presented, which described the assessments against parcels of land within County Service Area No. 15 (hereinafter referred to as “CSA No. 15” or the “District”); and, for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023; to pay the costs and expenses of operations and maintenance within the District; and,
WHEREAS, the Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council, a Report written pursuant to the terms of Government Code §25210.77(A) in connection with the proposed levy and collection upon eligible parcels of land within CSA No. 15, and the City Council did by previous Resolution approve such Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within CSA No. 15 for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023, to pay the costs and expenses of operations and maintenance within CSA No. 15; and,
WHEREAS, the assessment levies are not based upon the assessed value of the property within the District, but are based upon the special benefit received by the parcels within the District from the operations and maintenance; and,
WHEREAS, the assessments are in compliance with all laws pertaining to the levy of the District, and the assessments are levied without regard to property valuation, and the assessments are in compliance with the provisions of Proposition 218; and,
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution Approving the Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons.

2. Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a. The land within the District will receive special benefit by the operations and maintenance within the boundaries of the District.
b. The District includes all of the lands receiving such special benefit. c. The net amount to be assessed upon the lands within the District in accordance with the costs for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the estimated special benefit to be received by each parcel from the services.

3. The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.

4. The City Council hereby orders the proposed operations and maintenance to be made, which are briefly described as follows: extended storm drainage to the Patterson Gateway development and maintenance of the traffic signals at the Sperry Road/Rogers Road intersection.

8.2.c
Packet Pg. 221 Attachment: Resolution No. 2022-46 OrderLevy CSA 15 22-23 6-21-22 (Approve Resolution Nos. 2022-44, 2022-45 and 2022-46 Ordering Levy for

5. The operations and maintenance shall be performed pursuant to Resolution No. 2005-62 adopted on June 21, 2005 authorizing the City to take over administration of CSA No. 15. The County Auditor of the County of Stanislaus shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

6. The City Treasurer shall deposit all money representing assessments collected by the City of Patterson for the District to the credit of a fund for CSA No. 15, and such money shall be expended only for the operations and maintenance of the District as described in item 4 above.

7. The adoption of this Resolution constitutes the levy of assessments for CSA No. 15 for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

8. NBS is hereby authorized and directed to levy the Fiscal Year 2022/23 assessments as shown in the Report upon adoption of this Resolution.

9. A certified copy of the levy shall be filed in the office of the City Clerk and open for public inspection.

The foregoing resolution was passed by the City Council at a regular meeting held on the 21st day of June 2022, 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

8.2.c
Packet Pg. 222 Attachment: Resolution No. 2022-46 OrderLevy CSA 15 22-23 6-21-22 (Approve Resolution Nos. 2022-44, 2022-45 and 2022-46 Ordering Levy for I do hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of said City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 21st day of June, 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

8.2.c
Packet Pg. 223 Attachment: Resolution No. 2022-46 OrderLevy CSA 15 22-23 6-21-22 (Approve Resolution Nos. 2022-44, 2022-45 and 2022-46 Ordering Levy for 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: June 21, 2022
ITEM NO: 9.1
SUBJECT: Review and Approve a Resolution No. 2022-33 Regarding Invocations at City Council meetings.

RECOMMENDATION
Motion to Review and Approve a Resolution No. 2022-33 Regarding Invocations at City Council meetings.

BACKGROUND/ANALYSIS
In recent months, local clergypersons and church leaders have approached the City Council and requested that City Council meetings include an invocation on the regular agenda. Staff has received the City Attorney’s evaluation and legal recommendations on whether an invocation may be included on the regular agenda and, if so, how this practice may be implemented in accordance with the First Amendment to the U.S. Constitution and United States Supreme Court precedent.

A recent U.S. Supreme Court decision is the leading case on this subject. In Town v. Greece, N.Y., v. Galloway, the Supreme Court upheld the town’s practice of opening its council meetings with a prayer given by clergy from the community. While the invocation slot was open to all religious creeds, nearly all of the local congregations in the town were Christian and all of the presenters were Christian clergy. The Court found that this practice does not violate the First Amendment’s requirement that governments and public bodies refrain from passing laws “respecting an establishment of religion.”
Some key characteristics of the town’s invocation policy were:
· The town did not deny an opportunity to a volunteer; any minister or layperson of any

9.1 Packet Pg. 224
faith, including atheists, were allowed to give the invocation. · The council did not review the prayers in advance of the meetings and did not provide guidance as to their tone or content, in order not to infringe the speakers’ First Amendment free exercise and free speech rights. The prayers would often invoke Christian and sectarian references.
· The town made reasonable efforts to identify all of the congregations located within its borders and represented that it would welcome a prayer by any minister or layman who wished to give one; that nearly all of the congregations in town turned out to be Christian did not reflect an aversion or bias on the part of town leaders against minority faiths. Nor did the practice coerce participation by non-adherents.

The Court stated that “[a]bsent a pattern of prayers that over time denigrate, proselytize, or betray an impermissible government purpose, a challenge based solely on the content of a particular prayer will not likely establish a constitutional violation.” Finally, so long as the town maintains a policy of nondiscrimination, the Constitution does not require it to search beyond its borders for non-Christian prayer givers.

The attached resolution takes all of the above factors into account and is based on similar invocation policies that have been adopted in other California cities. The City Attorney’s office has prepared the resolution to ensure that it complies with the requirements of the First Amendment and U.S. Supreme Court decisions.

FISCAL IMPACTS
There is no fiscal impact.

ENVIRONMENTAL:

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

ALTERNATIVE ACTIONS

1. Approve Resolution No. 2022-33, proposed invocation policy as submitted by staff;

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

3. Reject Resolution No. 2022-33 invocation policy.

ATTACHMENTS
Resolution No. 2022-33 Adopting Invocation Policy.

9.1 Packet Pg. 225
{CW113646.4}
RESOLUTION NO. 2022-33

A RESOLUTION OF THE CITY OF PATTERSON CITY COUNCIL

REGARDING INVOCATIONS AT CITY COUNCIL MEETINGS
WHEREAS, the City Council of the City of Patterson (the “City Council”) is an elected legislative and deliberative body; and
WHEREAS, legislative bodies in the United States have long maintained a tradition of solemnizing proceedings by allowing for an open invocation or prayer before each meeting, for the benefit and blessing of the legislative body; and
WHEREAS, such invocations before meetings of legislative and deliberative public bodies have been consistently upheld as constitutional by courts of the United States, including the United States Supreme Court; and
WHEREAS, in Marsh v. Chambers 463 U.S. 793 (1983) (“Marsh”), the United States Supreme Court held that “[t]he opening sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country” and that “[f]rom colonial times through the founding of the Republic and ever since, the practice of legislative prayer; and has coexisted with the principles of disestablishment and religious freedom.” (Id. at 768.); and
WHEREAS, the Supreme Court in Marsh further held that “[t]o involve divine guidance on a public body…is not…an establishment of religion or a step toward establishment; it is simply a tolerable acknowledgement of beliefs widely held among people of this country.” (Id. at 675.); and
WHEREAS, the Supreme Court has cautioned against screening, censoring, prescribing, or proscribing the specific content of public prayers offered by private speakers, as such efforts would violate First Amendment rights of those speakers and impermissibly entangle governing in religious themes (See, e.g., Lee v. Weisman, 505 U.S. 577, 588-89 (1992); Town of Greece, N.Y. v. Galloway, 872 U.S. 565 (2014); and
WHEREAS, in Town of Greece, N.Y. v. Galloway, 872 U.S. 565 (2014), the Supreme Court held that “absent a pattern of prayers that over time denigrate, proselytize, or betray an impermissible government purpose…” an invocation policy passes constitutional muster; and WHEREAS, the City of Patterson (“City”) intends to adopt and follow a policy that does not proselytize, advance, disparage, or show any purposeful preference to any single religious view to the exclusion of others; and
WHEREAS, the City recognizes its constitutional duty to interpret, construe, and amend its policies and ordinances to comply with constitutional requirements as they are announced.

9.1.a
Packet Pg. 226 Attachment: Resolution No. 2022-33 Invocations at City Council (Resolution No. 2022-33 Invocations at City Council Meetings) {CW113646.4}
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson as follows:

1. In order to solemnize proceedings of the City Council, it is the policy of the City Council to allow for an invocation to be offered at its meetings for the benefit of the City Council and the community.

2. No member of the City Council, or any person in attendance or observing such meetings, shall be required to participate in any invocation that is offered.

3. The invocation shall be voluntarily delivered by the clergy/leader of a church, congregation, or other religious group (including religious, atheist, or agnostic groups or assemblies) (cumulatively, “Assembly” or “Assemblies”), which are located within the City of Patterson or its sphere of influence. To ensure that such Assembly clergy leader (the “Presenter”) is selected from a wide pool of the City’s Assemblies, on a rotating basis, the Presenter shall be selected according to the following procedure:
a. The City Clerk shall compile and maintain a database of the Assemblies (the “Assembly List”) with an established presence in the City of Patterson. b. The Assembly List shall be compiled by referencing the listing for “churches,” “congregations,” or other religious assemblies in the annual Yellow Pages telephone book published for the City of Patterson, research from the internet, or consultation with local chambers of commerce. All Assemblies with an established practice in the local community of Patterson are eligible to be included on the Assembly List, and any such Assembly may confirm its inclusion by written request to the City Clerk.
c. The Assembly List shall be updated, by reasonable efforts of the City Clerk, in [MONTH] of each year, with invitations being mailed out and addressed to the “assembly leader” of each Assembly listed on the Assembly List. d. The invitation shall be dated at the top of each page, signed by the City Clerk at the bottom, and shall read as follows:

Dear [Assembly leader]:

The City of Patterson City Council makes it a policy to invite leaders of religious organizations with an established presence in the City of Patterson to offer an invocation before the beginning of its meetings to solemnize the occasion for the benefit of the City Council and the community. As the leader of one of these organizations, the City Council invites you to offer this important service at an upcoming meeting of the City Council.

If you desire to participate in this regard, please complete and submit the attached interest form by [DATE]. Invocation presenters are scheduled on a first9.1.a Packet Pg. 227 Attachment: Resolution No. 2022-33 Invocations at City Council (Resolution No. 2022-33 Invocations at City Council Meetings) {CW113646.4}
come, first-served basis, or rotational basis. City Council meetings are held on the first and third Tuesdays of the month. Please identify any dates that conflict with your schedule on the interest form. Please note that City Council meetings are subject to cancellation for lack of business, the lack of a quorum, or at the discretion of the City Council.

Should you elect to participate, please keep in mind that you will be addressing a community with a variety of faith and non-faith traditions. To maintain the spirit of the public meeting occasion, the City Council requests that invocation presentations be limited to one (1) minute, and that the invocation opportunity not be utilized to advance or disparage any specific faith or belief, and the City Council recommends that the content in invocations be acceptable to all members of the community.

On behalf of the City Council, the City Council thanks you in advance for considering this invitation.

Sincerely,
City Clerk
e. Interested Assembly Leaders shall be scheduled as Presenters on a first-come, first-served basis, or other rotational selection method. f. If the Presenter does not appear at the scheduled meeting, the Mayor may ask for a volunteer from among the City Council to deliver the invocation.

4. No Presenter shall receive compensation for their service.

5. The City Clerk shall make reasonable efforts to ensure a variety of eligible Presenters are scheduled for the City Council meetings. In any event, no Presenter shall be scheduled to offer an invocation at consecutive meetings of the City Council, or at more than five (5) City Council meetings in any calendar year.

6. Neither the City Council nor the City Clerk shall engage in any prior inquiry, review of, or involvement in the content of any invocation to be offered by a Presenter.

7. This policy is not intended, and shall not be implemented or construed in any way, to affiliate the City with nor express City preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the City’s respect for the diversity of beliefs represented and practiced among the citizens of Patterson.

8. This policy shall become effective immediately upon approval by the City Council.

9.1.a
Packet Pg. 228 Attachment: Resolution No. 2022-33 Invocations at City Council (Resolution No. 2022-33 Invocations at City Council Meetings) {CW113646.4}

PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PATTERSON ON THE 21st DAY of JUNE 2022, 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
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 21st day of June 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATE:
______________________________
City Clerk of the City of Patterson

9.1.a
Packet Pg. 229 Attachment: Resolution No. 2022-33 Invocations at City Council (Resolution No. 2022-33 Invocations at City Council Meetings) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Saadiah Ryan, Finance Director
MEETING DATE: June 21, 2022
ITEM NO: 9.2
SUBJECT: Approve Resolution No. 2022-28, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Establish a Community Facilities District (CFD) No. 2022-01 (Public Safety Services) and Designate a Future Annexation Area.

RECOMMENDATION
Motion to Approve Resolution No. 2022-28, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Establish a Community Facilities District (CFD) No. 2022- 01 (Public Safety Services) and Designate a Future Annexation Area.

BACKGROUND
The City of Patterson formed Community Facilities District No. 2003-1 (Public Safety/Fire Protection Services) (“CFD 2003-1”) in January 2003. At that time, the Heartland Ranch and Miraggio development projects were included in the CFD 2003-1 boundary and a future annexation area was designated for the area that would become the Patterson Gardens development. In 2017, additional undeveloped land was added to the designated future annexation area. Since its formation, more than 20 development projects have annexed to CFD 2003-1.

As the cost of providing service has increased over time, the City contracted with NBS to prepare a Fiscal Impact Analysis (see Attachement 1) to determine of the special taxes within CFD 2003-1 are commensurate with the cost of providing services to new development. That Fiscal Impact analysis estimates the amount of revenue the City receives for ongoing services as a result of new development and compares that to the cost of providing public safety services. The result, as shown in the attached 2021 Comprehensive Public Safety Feasibility Study and Service Level Analysis (“2021 Analysis”), indicates that the rates established with CFD 2003-1 (as escalated pursuant to the methodology) are not sufficient to offset the negative fiscal impact for specific development types.

9.2 Packet Pg. 230
To implement the rates calculated by the 2021 Analysis, the formation of Community Facilities District No. 2022-01 (Public Safety Services) (“CFD 2022-01”) is presented for consideration. CFD 2022-01 designates future annexation area and is contemplated to be used going forward as the funding mechanism for public safety services for new development in the City. CFD 2003-1 would remain in place and those parcels that are within the boundaries of CFD 2003-1 would remain subject to CFD 2003-1 special taxes.

ANALYSIS
The formation of CFD 2022-01 will allow the City to levy special taxes on parcels within or that annex to in the future to fund public safety services as specified in Exhibit A to the Resolution. The formation of the district will occur only if, following a public hearing on the matter to occur at the August 2, 2022 City Council meeting, the owner of the parcels to be initially included in the district votes in favor of the formation of the district.

FISCAL IMPACT
The developers of the Baldwin Ranch project have been invoiced by the Department of Public Works for the costs to form the proposed CFD 2022-01, including the cost of formation counsel and the special tax consultant. If CFD 2022-01 is formed, the City will annually levy a special tax on the parcels in the CFD to fund the specified public safety services, with initial rates as specified in the Rate and Method of Apportionment of Special Tax for the CFD (Exhibit B to the Resolution), increasing by positive annual change in April to April San Francisco-OaklandHayward, CA CPI-U index with a minimum 3% and a maximum change of 6% per year. As parcels annex to CFD 2022-01 in the future, their maximum annual special tax rates will be determined at the time they annex to the CFD. Included in the special tax rates are amounts to help offset increased staff time to administer this CFD, along with costs associated with other administration costs anticipated to be incurred by the CFD.

9.2 Packet Pg. 231
RESOLUTION NO. 2022-28

A RESOLUTION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2022-01 (PUBLIC SAFETY SERVICES) AND FUTURE ANNEXATION AREA
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), the City Council (the “Council”) of the City of Patterson (the “City”) is authorized to establish a community facilities district and to act as its legislative body; and WHEREAS, this Council desires to proceed with the establishment of a community facilities district to finance costs of public safety services required to meet the demands of development of lands in the City; and
WHEREAS, pursuant to Section 53339.2 of the Act, this Council further desires to undertake proceedings to provide for future annexation of territory to the proposed community facilities district.

NOW, THEREFORE, be it resolved by the City Council of the City of Patterson:

1. Authority. This Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act, and hereby determines that public convenience and necessity require that a future annexation area be established pursuant to the Act.

2. Name of CFD; Future Annexation Area. The name proposed for the community facilities district is "City of Patterson Community Facilities District No. 2022-01 (Public Safety Services)" (the “CFD”).

The name proposed for the territory proposed to be annexed into the CFD in the future is "City of Patterson Community Facilities District No. 2022-01 (Public Safety Services) (Future Annexation Area)" (the "Future Annexation Area").

3. Boundaries Described. The proposed boundaries of the CFD and the Future Annexation Area are as shown on the map of them on file with the City Clerk, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of the CFD and the Future Annexation Area in the office of the County Recorder within 15 days of the date of adoption of this Resolution.

Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

4. Services. The type of services proposed to be financed by the CFD and the Future Annexation Area and pursuant to the Act shall consist of those listed in Exhibit A hereto and hereby incorporated herein (the “Services”). The Council hereby determines that the Services are necessary to meet increased demands for such services placed upon local agencies as the result of development occurring within the area of the CFD and the Future Annexation Area.

9.2.a
Packet Pg. 232 Attachment: Resolution No. 2022-28 CFD 2022-01 6-21-22 (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety 2 The Services are in addition to those provided in the territory of the CFD and the Future Annexation Area as of the date hereof and will not supplant services already available within the territory of the CFD and the Future Annexation Area as of the date hereof. The City intends to provide the Services on an equal basis in the original territory of the CFD and, when it has been annexed to the CFD, the Future Annexation Area.

5. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and hereby incorporated herein (the “Rate and Method”).

This Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.

As required by Section 53339.3(d) of the Act, the Council hereby determines that the special tax proposed to pay for Services to be supplied within the Future Annexation Area shall be equal to any special tax levied to pay for the same Services in the existing CFD, except that a higher or lower tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the Services in the Future Annexation Area is higher or lower than the cost of providing those Services in the existing CFD. In so finding, the Council does not intend to limit its ability to levy a special tax within the Future Annexation Area to provide new or additional services beyond those supplied within the existing CFD.

6. Exempt Property. Except as may otherwise be provided by law or by the rate and method of apportionment of the Special Tax for the CFD, all lands owned by any public entity, including the United States, the State of California, the County and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services and the CFD. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Tax, this Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the annual expenses of the CFD, if any, subject to the provisions of the rate and method of apportionment of the Special Tax.

7. Election and Unanimous Approval. The levy of the Special Tax in the CFD shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre or portion of an acre such owner owns in the CFD.

A special tax shall be levied in the Future Annexation Area only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

9.2.a
Packet Pg. 233 Attachment: Resolution No. 2022-28 CFD 2022-01 6-21-22 (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety 3 8. CFD Report. The City Manager (or deputy or designee thereof) is hereby directed to study the proposed Services and to make, or cause to be made, and file with the City Clerk a report in writing (the “CFD Report”), which shall be a part of the record of the public hearing hereinafter specified and which report shall present the following:
(a) A description of the Services that will be required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith, and all other related costs.

The CFD Report shall be made a part of the record of the public hearing specified below.

9. Public Hearing. Tuesday, August 2, 2022, at 7:00 p.m. (which date is at least 30 days and not more than 60 days after the date of this Resolution) or as soon thereafter as possible in the City Council Chambers located at 1 Plaza, Patterson, California, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD, the Future Annexation Area and the levy of the Special Tax.

10. Notice of Hearing. The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the CFD and the Future Annexation Area. The publication shall be completed at least 7 days before the date of the public hearing specified above. The City Clerk may also cause notice of the hearing to be given to each property owner within the CFD by first class mail, postage prepaid, to each such owner’s address as it appears on the most recent tax records of the County or as otherwise known to the City Clerk to be correct. Such mailing shall be completed not less than 15 days before the date of the public hearing. The notice of the public hearing shall be substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions hereof hereby specifically approved.

11. Further Action. The Mayor, City Manager, Finance Director, City Attorney, City Clerk and all other officers and agents of the City are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.

12. Effective Date. This resolution shall take effect upon its adoption. * * * * * * * * * * *

9.2.a
Packet Pg. 234 Attachment: Resolution No. 2022-28 CFD 2022-01 6-21-22 (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety 4 PASSED AND ADOPTED by the City Council of the City of Patterson on the 21st day of June, 2022, 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
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 21st day of June 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATE:
______________________________
City Clerk of the City of Patterson

9.2.a
Packet Pg. 235 Attachment: Resolution No. 2022-28 CFD 2022-01 6-21-22 (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety Exhibit A

EXHIBIT A

CITY OF PATTERSON
Community Facilities District No. 2022-01
(Residential Maintenance Services)

DESCRIPTION OF SERVICES
Services:

The services to be funded, in whole or in part, by the community facilities district (the "District") include all direct and incidental costs related to providing for the provision of public safety services within the area of the District, the future annexation area, and areas adjacent to or in the vicinity of such areas. More specifically, the services shall include, but not be limited to:
(i) police protection services; (ii) fire protection and suppression services; (iii) ambulance and paramedic services. The District may fund any of the following related to the services described in the preceding sentence: obtaining, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof.

The services to be financed by the District are in addition to those provided in the territory of the District before the date of creation of the District, and will not supplant services already available within that territory when the District is created.

Administrative Expenses:

The administrative expenses to be funded by the District include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Stanislaus related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City's general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.

Other:

The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City (or to property owners in the District) all costs actually incurred in connection with the establishment and administration of the District.

9.2.a
Packet Pg. 236 Attachment: Resolution No. 2022-28 CFD 2022-01 6-21-22 (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety Exhibit B

EXHIBIT B

CITY OF PATTERSON
Community Facilities District No. 2022-01
(Residential Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
[begins on following page]

9.2.a
Packet Pg. 237 Attachment: Resolution No. 2022-28 CFD 2022-01 6-21-22 (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety

PROPOSED BOUNDARIES OF

CITY OF PATTERSON
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(PUBLIC SAFETY SERVICES)

AND FUTURE ANNEXATION AREA
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PATTERSON THIS _____ DAY OF __________, 20__. _______________________

CITY CLERK

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF CITY OF PATTERSON COMMUNITY FACILITIES DISTRICT NO. 2022-01 (PUBLIC SAFETY SERVICES) AND FUTURE ANNEXATION AREA,

COUNTY OF STANISLAUS, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF PATTERSON, AT A MEETING THEREOF, HELD ON THE _____ DAY OF __________, 20__, BY ITS RESOLUTION NO._____.
_______________________

CITY CLERK
FILED THIS _____ DAY OF __________, 20__, AT THE HOUR OF _____ O'CLOCK __.M., IN BOOK _____ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA.
_______________________

COUNTY RECORDER

COUNTY OF STANISLAUS

FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF STANISLAUS, STATE OF CALIFORNIA.

CITY OF PATTERSON

COUNTY OF STANISLAUS

STATE OF CALIFORNIA

SPERRY AVE
B
ALD
WIN
R
D

AZALEA DR
LA
VEND
ER LN

OASIS LN

DAISY DR

ANGUS ST

PHLOX DR

HORIZON LN

MARIGOLD DR

BERRENDAS ST

CALVINSON PKWY
A
B

ELIA LN
PA
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N
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021-098-008-000
021-098-009-000
021-098-010-000
021-098-002-000
021-098-003-000
021-098-007-000
021-098-004-000
Sheet 1 of 2
Source: Stanislaus County GIS
Geographic Coordinate Reference: GCS North American 1983 Projection: NAD 1983 StatePlane California III FIPS 0403 Feet

C I T Y O F P A T T E R S O N
CFD Boundary
CFD Parcels
Parcels
0 200 400 800 Feet
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CFD Boundary
Highways
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SPERRY AVE

AQUEDUCT

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9.2.b
Packet Pg. 238 Attachment: Exhibit A CFD 2022-01 (Public Safety Services) Boundary Map (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety Services)) P

ROPOSEDBOUNDARIESOF

CITYOFPATTERSON
COMMUNITYFACILITIESDISTRICTNO.2022-01
(PUBLICSAFETYSERVICES)

ANDFUTUREANNEXATIONAREA

CITYOFPATTERSON

COUNTYOFSTANISLAUS

STATEOFCALIFORNIA

ROGERS RD
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BAL DW IN RD
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LAVENDE R L N
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ABELIA LN

PARK CE NTER DR

DAYL IL LY LN

NO STALG AI AVE SHORTHO RN ST
Sheet2of2
CityofPatterson
CFDBoundary
CFD2003-1Parcels
FutureAnnexationParcels
Highways

00.250.5Miles
O
¬«33
¥5

AQUEDUCT
AQUEDUCT ¥5
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AQUEDUCT

9.2.b
Packet Pg. 239 Attachment: Exhibit A CFD 2022-01 (Public Safety Services) Boundary Map (Resolution No. 2022-28 Community Facilities District No. 2022-01 (Public Safety Services))