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Annotated agenda, regular meeting

Patterson City Council
June 21, 2022

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Annotated agenda, regular meeting
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June 21, 2022
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Patterson City Council
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Text extracted from the city's file for reading and search. Open the original on pattersonca.iqm2.com. That file is the official record.

City of Patterson Page 1 Updated 7/12/2022 3:41 PM
City Of Patterson
Regular Meeting Minutes
June 21, 2022
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present
The regular (hybrid) meeting of the City Council of the City of Patterson was called to order in the City of Patterson at 7:00 p.m. by Mayor McCord.

City Staff Present:

1. City Manager Irwin

2. Deputy City Attorney Varinsky

3. IT Manager Ford

4. Human Resources Director Guillory-Jones

5. Public Works Director Willett

6. Deputy Director of Regulatory Compliance & Administrative Services Delgado

7. Associate Planner Rodriguez

8. Chief Gregory

9. Chief Clayton

10. City Planner Andrews

11. City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict
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None.

4. Items from the Public
Pat Maisetti, Patterson Resident - addressed City Council to provid an update on Hammon Senior Center services provided including mental health, transportation, legal help provided by local organizations. Bus trips to Chukchansi Gold Casino $25 for members $30 for non-members, 9:00 a.m. returning at 6:00 pm. Upcoming celebration of life in July for 32 members lost to COVID.

Kandace Weyhrauch, Patterson Resident - addressed City Council regarding upcoming community organized Patterson Public Safety Forum event on Monday, June 27, 2022. Also expressed objection regarding letter from the mayor to the graduating class of 2022 published in the Patterson Irrigator.

5. Consent Calendar
Item 5.11 moved to July 5, 2022 Regular City Council meeting.

Dale Torres, Patterson Resident pulled item 5.16 for discussion.

Dale Torres, Patterson Resident - addressed the City Council stating there is no state of emergency. He also asked to know who the assistant of the Director of Emergency Services is. Would like to know which emergency conditions apply to our situation?
Mayor McCord addressed Mr. Torres's concerns.

Kandace Weyhrauch, Patterson Resident - addressed the City Council regarding who the assistant of director of emergency services.

Councilmember Alves addressed Ms. Weyhrauch's concerns.

Tim Benefield, Patterson Resident - addressed the City Council stating that the resolution is adopted under a faulty premise, there is no state of emergency. Mr. Benefield would like to see hybrid meetings based on a different reason.

Mayor Pro Tem Farinha motioned to approve Consent Calendar Items 5.1 through 5.16, excluding 5.11. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.

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

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

5.2. Approve Minutes of Regular Meeting - 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.

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

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
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6.1. Proclamation - Society for disABILITIES Celebrating 75 Years and Disabilities Awareness Month "June 2022" (Mayor McCord)
Mayor McCord presented the proclamation to Ana Kanbara, Director of Operations at Society for disABILITIES.

Ana Kanbara, Director of Operations for the Society for disABILITIES, addressed City Council and members of the public regarding the activities and programs offered at the center.

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.

City Manager Irwin requested to table this item to the July 5, 2022 City Council meeting.

Councilmember Homen moved to table this item to a future meeting. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.

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

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.

Public Works Director Willett reviewed his staff report.

Bartle Wells Associates, Inc. Consultant Dove reviewed his presentation.

City Council addressed the following:
- Is there a low-income discount?
- Will quality of water improve with upgrades?
At 7:44 p.m. Mayor McCord opened the Public Hearing to public comments.

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Kandace Weyhrauch, Patterson Resident - addressed the City Council regarding the City of Patterson's water quality and in opposition of Prop 218.

Public Works Director Willett addressed Ms. Weyhrauch's concerns.

Gynetta Brown, 600 Roadrunner Dr. Patterson Resident - addressed the City Council in opposition to Prop 218.

Dale Torres, Patterson Resident - addressed the City Council wanting to know if the City of Patterson is going to be within State's standards? At 7:53 p.m. there being no further comments, Mayor McCord closed the item to public comments.

City Council addressed the following:
- Health concerns with chromium 6
- City follows state's requirements
- State grant to help communities to address contaminants - Infrastructure working with increase
- Other communities had lawsuits due to pesticides
- Need to fix old pipes
At this time, City Clerk Alegre announced the canvas of the vote; twenty (20) oppositions to the rate increase were received and filed.

At this time, City Attorney Varinsky stated the City was qualified to proceed with the adoption of the Resolution based on the count.

Mayor Pro Tem Farinha moved to approve Resolution No. 2022-43. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.

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

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.

Public Works Director Willett reviewed his report.

At 8:05 p.m. Mayor McCord opened the Public Hearing to public comments.

There were no public comments.

City Council addressed the following:

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- Do LMDs cover big businesses such as Walmart?
Public Works Director addressed City Council's concerns.

Councilmember Parham moved to approve Resolution Nos. 2022-44, 2022-45, 2022-46. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.

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

9. City Staff Reports

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

Deputy City Attorney Varinsky reviewed his report.

At 8:11 p.m. Mayor McCord opened the item to public comments.

Tim Benefield, Pastor at Golden Valley Baptist Church - addressed the City Council grateful for getting this item on the agenda and moving it forward.

Yvonne Reynolds, Patterson Resident - addressed City Council in support of this item.

Dale Torres, Patterson Resident - addressed City Council in support of this item.

Also inquired on the City's position, and stated there is no completely neutral ground. Expressed his personal religious believes.

Kandace Weyhrauch, Patterson Resident - In support of this item.

At 8:23 p.m. there being no further comments, Mayor McCord closed the item to public comments.

City Council addressed the following:
- addressed language "secular" any individual can addressed/give an invocation. - Invocations would be open to anyone.
- Separation of church and state due to taxes paying for ministers. - Taking into account different religions in Patterson
- What is the process to provide invocation? First come first served? - Can anyone provide an invocation or does it have to be a recognized religion? - Will anyone that applies be able to provide an invocation? - Faith and belief are an individual matter
- Need to consider all the grey areas
- It may create a problem by opening it up to everyone
- Is there a way to refine this item?
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- Has there ever been a case where this matter has been recalled in other cities after its approval?
City Attorney Varinsky addressed City Council's concerns.

Councilmember Parham moved to table this item with the intention of bringing it back at a future date. The motion was seconded by Mayor McCord and unanimously approved by a 5-0 roll call vote.

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

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.

Finance Director Ryan reviewed her report.

At 8:51 p.m. Mayor McCord opened the item to public comments. There were no comments.

Councilmember Alves motioned to approve Resolution No. 2022-28. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.

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

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

Finance Director Ryan reviewed her report.

At 8:59 p.m. Mayor McCord opened the item to public comment. There were no comments.

Mayor Pro Tem Farinha moved to approve Resolution No. 2022-38. The motion was seconded by Councilmember Alves and unanimously approved by a 5-0 roll call vote.

City of Patterson Page 8 Updated 7/12/2022 3:41 PM
RESULT: APPROVED
MOVER: Farinha
SECONDER: Alves
AYES: McCord, Alves, Parham, Farinha, Homen

10. City Council Reports
A. Councilmember Alves
Nothing to report.
. Westside Health Care Task Force (Councilmember Parham alternate) B. Councilmember Parham
Nothing to report.
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) C. Mayor Pro Tem Farinha
Nothing to report.
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
Councilmember Homen addressed the following:
- Care Team to help with homelessness
- Naomi's House graduate now accepted to San Jose State University - Naomi's kitchen will open in July
- 47 graduates from the GED program at Naomi's House
. 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
Nothing to report.
. Stanislaus County Mayor's Meeting
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. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)

11. Other Matters
Council Addressed the following:
- Compliments to Finance Director Ryan for a great budget presentation. - Safety event Monday, June 27, 2022 at 7:00 p.m. at Golden Valley Baptist Church - Parks, Recreation & Beautification Commission openings - Ribbon cutting ceremony for science building at the Patterson High School. - July 4th fireworks affect animals, veterans and others with different schedules that need to sleep. Be respectful.

12. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of June 21, 2022 was adjourned at 9:08 p.m.

Approved by the Patterson City Council on July 19, 2022.

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