Patterson City Council
July 19, 2022

City of Patterson Page 1 Updated 7/14/2022 3:04 PM
Agenda
City of Patterson
City Council Regular Meeting
West Patterson Financing Authority Meeting
July 19, 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. 2022-47, 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 City of Patterson Page 2 Updated 7/14/2022 3:04 PM
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” ═══════════════════════════════════════════════════════════════

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 your 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 Special Meeting/Closed Session - June 21, 2022 (6:00 PM)

5.3. Approve Minutes of Regular Meeting - June 21, 2022 (7:00 PM)

5.4. Approve Resolution No. 2022-51, A Resolution of the City Council of the City of Patterson, Adopting the City of Patterson's Conflict of Interest Code As Is Currently With Minor Changes/Amendments.

5.5. Adopt Resolution No. 2022-50, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

5.6. Adopt resolution to approve the Subdivision Improvement Agreement and to accept Final Maps for the Camden Shire subdivision located in the Villages of Patterson Master Development Plan.

City of Patterson Page 3 Updated 7/14/2022 3:04 PM

5.7. Approve Resolution No. 2022-54 Delegating Authority for California Public Employee Retirement System (CalPERS) Employer Initiated Disability Retirement to the City Manager or designee, pursuant to Government Code Sections 21173.

6. Public Comment/Action Item

6.1. Fire Department - Authorize Staff to abate Public Nuisance, by removing Weeds, Dirt, Rubbish, and/or Rank Growth 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 (Clean Up Resolution No. 2022-52)
Staff Report: Fire Chief Gregory
Mayor: Open/Close Item to Public Comment
Council: Motion to Approve Resolution No. 2022-53

7. Public Hearing

7.1. The Public Hearing on the Formation of Community Facilities District No. 2022- 01, which in Resolution No. 2022-28 adopted June 21, 2022 was scheduled for August 2, 2022, has been rescheduled for August 16, 2022.

Staff Report: Finance Director Ryan
Mayor: Open/Close the Public Hearing
Council: Motion to Continue the Public Hearing to August 16, 2022 Regular City Council Meeting.

8. City Staff Reports
Adjourn to the West Patterson Financing Authority

8.1. City Attorney - Approve Resolution No. 2022- 01 Approving Joint Community Facilities Agreement Between Patterson Joint Unified School District and City of Patterson, to Provide Funding for School Facilities for the Villages of Patterson. a. Call to Order
b. Roll Call
c. Staff Report: City Attorney Goldstein
d. WPFA Board: Motion to Approve West Patterson Financing Authority Resolution No. 2022- 01
e. Adjourn
City of Patterson Page 4 Updated 7/14/2022 3:04 PM

9. City Council Reports
A. Appointment/Reappointment of Economic Strategic Commission

9.A.1. Motion to Appoint/Reappoint two (2) Members to the Economic Strategic Commission for the Term of April 2022-2024
B. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) C. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) D. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) E. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
F. Mayor McCord
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)

10. Other Matters

11. Adjournment
City of Patterson Page 5 Updated 7/14/2022 3:04 PM

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 July 14, 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) 895-8014
Email [email protected]
City of Patterson Page 1 Updated 7/6/2022 11:11 AM
City Of Patterson
Special Meeting/Closed Session 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 special (Closed Session) hybrid meeting of the City Council of the City of Patterson of June 21, 2022 was called to order in the City of Patterson at 6:00 p.m. by Mayor McCord.

City Staff Present:

1. City Manager Irwin

2. Deputy City Attorney Varinsky

3. Human Resources Director Guillory-Jones
The City Council will adjourn to Closed Session to address the following:
a. Director of Planning & Community Development - Pursuant to Government Code Section 54957. b. Conference with Labor Negotiator per Government Code Section 54957.6 Agency Negotiator:

City Manager Irwin, Human Resources Director Guillory-Jones, Human Resources Consultant Clark.

Employee Organization: American Federation of State, County and Municipal Employees Local 10 (AFSCME), Professional Management-Mid Management Employees Association (PMMEA), Unrepresented Employees and Patterson Fire Fighters Association IAFF Local 4577.

5.2 Packet Pg. 6
Minutes Acceptance: Minutes of Jun 21, 2022 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 7/6/2022 11:11 AM

2. Statements of Conflict
None.

3. Items from the Public
None.

4. Adjourn to Closed Session
At 6:02 p.m. there being no items from the public, the Patterson City Council adjourned to Closed Session.

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

Regarding Item No. 1. a. provided direction to staff
Regarding Item No. 1.b. provided direction to staff

6. Adjournment
There being no further business, the special (Closed Session) via teleconference meeting of the City Council of the City of Patterson of June 21, 2022 was adjourned at 7:00 p.m.

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

5.2 Packet Pg. 7
Minutes Acceptance: Minutes of Jun 21, 2022 6:00 PM (Consent Calendar) 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

5.3 Packet Pg. 8
Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 7/12/2022 3:41 PM
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.

5.3 Packet Pg. 9
Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 7/12/2022 3:41 PM

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

5.3 Packet Pg. 10
Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 7/12/2022 3:41 PM

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.

5.3 Packet Pg. 11
Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 7/12/2022 3:41 PM
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:

5.3 Packet Pg. 12
Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 7/12/2022 3:41 PM
- 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?

5.3 Packet Pg. 13
Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 7/12/2022 3:41 PM
- 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.

5.3 Packet Pg. 14
Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Consent Calendar) 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

5.3 Packet Pg. 15
Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Consent Calendar) City of Patterson Page 9 Updated 7/12/2022 3:41 PM
. 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.

5.3 Packet Pg. 16
Minutes Acceptance: Minutes of Jun 21, 2022 7:00 PM (Consent Calendar) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: July 19, 2022
ITEM NO: 5.4
SUBJECT: Approve Resolution No. 2022-51, A Resolution of the City Council of the City of Patterson, Adopting the City of Patterson's Conflict of Interest Code As Is Currently With Minor Changes/Amendments.

RECOMMENDATION
Motion to Approve Resolution No. 2022-51, A Resolution of the City Council of the City of Patterson, Adopting the City of Patterson's Conflict of Interest Code As Is Currently With Minor Changes/Amendments.

BACKGROUND
The State Political Reform act requires every local government agency reviews its Conflict of Interest Code biennially to determine if it is accurate or if the code needs amending. The City last updated its Conflict of Interest Code on July 28, 2020 (as stated on the attached 2020 Local Agency Biennial Notice). As the City of Patterson has made minor changes/amendments to its designated positions and disclosure categories, staff is recommending that City Council approve the updated code as presented with minor changes/amendments as stated and as required by State Law.

Once the code is approved by the City Council, staff will post the City's 2022 Local Agency Biennial Notice and Conflict of Interest Code on the City's website.

FISCAL IMPACT
None

5.4 Packet Pg. 17
2020 LocalAgency Biennial Notice
Name of Agency' CitY of Patterson
Maiting Address: P'O Box 667, Patterson, California 95363 conract person: Maricela Vela, City Clerk Phone No. (209) 895-8014 Email: cityclerk@ci. patterson.ca. us Atternate E."it, [email protected] Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current piogru'." to ensure that the agency's code incrudes discrosure by those agency officiars whohake or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determin ed thal (check one BoX):

El An amendment is required. The following amendments are necessary:
(Check all that appty.)
E Include new positions
fl Revise disclosure cateoones
El Revise the titles of exisiing positions
El Delete titles of positions that have been aborished and/or positions that no ronger make or participate in making governmental decisions tr Other (describe) E The code is currentty under review bythe code reviewing body, E No amendment is required. (lf your code is over five years old, amendments may be necessary.) Vefification (to be compteted if no amendment is required) !l::,::::"r::"!::::!::t"ly-1:liglates,a[ positio.n.s that make or pafticipate in the makins of sovernmentat i7?::::: ,I!::^!::?1o-"_1:-:"",sf"d fo rhose posrfrons a"cu,ut"ry' iijiii,"i-tii"i "i"iil!t.i"ir11"o,",,""" l3lilij".: t:::^"t:..t1::!.fp:!,and sourc,ei or..income n"iiiy ni"ulZ;i;;,-;i;;;;';:i;";;;;";,; declslons made by desig^nated positions are repofted. The codl inctudes al iiiiriiriiiir" required by July 29,2020
All agencies must complete and return this notice regardless of how recenfly your code was approved or amended Please return this notice no rater than october .r, 2020, or by the dite specifled by youi agency, if eadier, to:
(PLACE RETURN ADDRESS OFCODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
!v"wflpp9-ea!9y
FPPC Advice: [email protected]

Date

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Attachment: 2020-Local Agency Biennial Notice (2022 Conflict of Interest Code) RESOLUTION NO.2O2O-34

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

ADOPTING THE CITY OF PATTERSON'S CONFLICT OF INTEREST CODE

WITH NO CHANGES/AMENDMENTS
WHEREAS, the State Political Reform Act requires that the City's Conflict of Interest Code be reviewed biennially to determine if it is accurate or altematively if the code needs amending; and WHEREAS, the City's cuffent and in effect Conflict of Interest Code was last reviewed and adopted on July 17,2018; and WHEREAS, the City of Patterson has had new minor changes to its Code; to its designated positions and disclosure categories; and
WHEREAS, staff is recommending that City Council approve the City of patterson's Conflict of Interest code (attached) that is currently in effect with minor changesiamendments as stated; and , YHEREAS, the City Council has reviewed and hereby approves the City of patterson,s Conflict of Interest code (attached) that is currently in effect with minor ihanges/amendments as stated.

Now, THEREFORE, BE IT RESOLVED that the City Council of the City of patterson as required by State Law does hereby adopt the City ofPatterson's Conflict of Interest Code as is, cunent.ly in effect with minor changes/amendments, a copy of which is attached hereto and by reference incorporated herein.

The foregoing resolutio.n of the City council ofthe city of Patterson was passed by the City council at a special meeting held on the 28th day of July 2020, by Mayor Novelli, who moved its udoption, which motion was duly seconded by Councilmember Mccord, ani the resolution adopted uy tn"rotto..iing roll call vote:

AYES: Councilmembers Farinha, McCord, Homen and Mayor Novelli NOES: None EXCUSED: CouncilmemberNaranjo
ATTEST:
\\l\/-l r-,rtlr=-Xf-\ '' __.(.<\--\_@r \__L$ Cq_.- ffi
City Clerk of the City of patrerson

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Attachment: 2020-Local Agency Biennial Notice (2022 Conflict of Interest Code) I hereby certiff that the foregoing is a frrll, conect 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 Califomiq at a special meeting held on the 28h day of July 2020, and I fi.rther certiff that said resolution is in frrll force and efrect and has never been rescinded or modified.

DATED:

City Clerk of tlrc City of Patterson

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Attachment: 2020-Local Agency Biennial Notice (2022 Conflict of Interest Code) Section l.

CONFLICT OF INTER"EST CODE FOR

THE CITY OF PATTERSON
Conflict oflnterest Code - Adooted
The Political Reform Act, Government Code Section 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation, 2 Cal Code ofRegs. Section 18730, which contains the terms ofa standard Conflict of Interest Code. It can be incorporated by reference and may be amended by the FPPC after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal Code of Regs.

Section 18730 and any amendments to it duly adopted by the FPPC are hereby incorporated by reference, and along with the attached appendix's in which members and employees are designated and disclosure categories are set forth constitutes the Conflict oilnterest Code ofthe City of Patterson, which is considered the agency within the purview of this code. The Conflict of Interest Code of the Citv of Patterson so adopted amindi and Section 2. Conflict of Interest Code - Statements
Designated employees shall file statements of economic interest with the City Clerk, who shall be and perform the duties of filling officer for the City ofPatterson.

Section 3. Savings Clause
Aly change provided for in this conflict of interest code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing uncler any otler conflict of interest code; nor shall it affect any prosecution, suit, or proceedings pending or any judgment rendered in connection with any other conflict of interest code.

APPENDIX OF DESIGNATED POSITIONS
As ofJuly 21,2020
Desienated Positions
Citv Staff
City Manager
Human Resources Director
City Clerk
Community Development Director
Assiqned Disclosure Categories
I through 25
I through 25
1 through 25
1 through 25
City Planner 1 through 25

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Attachment: 2020-Local Agency Biennial Notice (2022 Conflict of Interest Code) Public Works Director
Deputy Public Works Director
Capital Projects Manager
Recreation & Community Services Director
Building Inspections (Contract Manager/Owner)
Building Official
Finance Director
Assistaat+inanee+i+eeter
o The Assistant Finance Director Position was eliminated.

Fire Chief
Police Chief
City Engineer(s)
City Attorney
Deputy City Attomey
. The Depug City Attorney position has been added.
1 through 25
1 through 25
I through 25
I through 25
1 through 25
I through 25
I through 25
l+reugh4s
I through 25
I through 25
1 through 25
1 through 25
I though 25
1 through 25
I through 25
Special Counsel I through 25
City Treasurer I through 25
Auditors (Contract Manager/Owner) 1 through 25
InformationTechnologyManager(€entr+et*4anage#e+mer) I through25 o Information Technology Manager position has been updated.

Grant Writers (Contract Manager/Owner or In-House)
Consultants *
Consultants *
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

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Attachment: 2020-Local Agency Biennial Notice (2022 Conflict of Interest Code) The City Manager or his designee may determine in writing that a particular consultant, although a "designated position" is hired to perform a range ofduties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent ofthe disclosure requirements. The City Manager or his designee's determination is a public record and shall be retained for public inspection in the same manner and location as the conflict ofinterest code.

Council, Commissions, Committees and Boards
City Council Members I through 25
Planning Commission Members 1 through 25
Economic Strategic Commission Members 1 through 25
Parks, Recreation & Beautification Commission 1 through 25 Senior Center Board of Directors Members 1 through 25
Turlock Mosquito Abatement District Member 1 throush 25 APPENDIX OF DISCLOSUR.E CATEGORIES
List of Disclosure Categories
Specification Sheet
Reportable Investments, Interest in Real properW and Income Disclosure Catesory
I All investments and business positions in business entities, sources of income and interests in real property.

2. Investments and business positions in business entities, and all sources of income.

3. Interests in real property.

4. Investments and business positions in business entities, and sources of income from entities providing supplies, services, equipment or machinery of the type used by the designated employee's unit.

5. Investments and business positions in, and income from entities which are book outlets, vendors or providers of business services.
6 lnvestments and business positions in business entities and come from sources engaged in construction, building, or material supply.

7. Investments and business positions in business entities and income from sources which supply or manufacture solar energy systems.
)

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Attachment: 2020-Local Agency Biennial Notice (2022 Conflict of Interest Code)

8. Investments and business positions in business entities and income from sources engaged in construction or development.

9. Investments and business positions in business entities and income from sources which provide transportation services subject to the review or approval of the Public Works Department and all interest in real property.

10. Investments and business position in, and income from sources engaged in the construction ofpublic works projects.

11. Investments and business positions in business entities and income from construction companies involved in progress payments.

12. Investments and business positions in, and income from construction firms involved in construction projects subject to acceptance by the City Council.

13. Investments and business positions in business entities and income from business entities ofthe type to provide bids, supplies, vehicles and equipment.

14. Investments and business position in, and income from entities which provide training, services or facilities ofthe type utilized by the City.

15. Investments and business positions in business entities and sources of income which provide services and supplies ofthe type used in emergency services coordination and training activities.

16. Investments and business positions in, and income from Union Pension Funds that may be affected by the outcome of negotiations involving monetary settlements and employer-employee memorandum.

17. Investments and business positions in, and income from entities providing medical services or facilities of the type used by the City.

18. Investments and business positions in, and income liom business entities engaged in providing eye examinations and eyeglasses, including but not limited to opticians, ophthalmologists, etc.

19. Investments and business positions in and income from business entities supplying or manufacturing electronic equipment, supplies or services of the type utilized by the employee's unit.

20. Investments and business positions in, and income from business entities providing supplies, services, equipment or machinery ofthe type used by the City or County.

21. Investments and business positions in, and income from employment agencies or entities which provide employment or pre-employment services. Services include, but are not limited to, testing, training, consulting, job classification studies and salary surveys.

22. Investments and business positions in, and income from, business entities which are of the type to provide any of the various types of employee insurance coverage and/or actuarial services.

23. Investments and business positions in business entities, and income from sources which supply and manufacture firefi ghting equipment and supplies.

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Attachment: 2020-Local Agency Biennial Notice (2022 Conflict of Interest Code)

24. Investnents and business position in business entities and come from sources which provide, supply manufacture or service computer hardware or software ofthe type utilized by the City of County. 25' Inveshnents and business position in business position in business entities and come from sources which are of the type to have done business with County govemment in the previous two years; income ftom individuals who are County employees, as well as all interest in real property.

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Attachment: 2020-Local Agency Biennial Notice (2022 Conflict of Interest Code) 1 RESOLUTION NO. 2022-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, ADOPTING THE CITY OF PATTERSON’S CONFLICT OF INTEREST CODE

WITH NO CHANGES/AMENDMENTS
WHEREAS, the State Political Reform Act requires that the City’s Conflict of Interest Code be reviewed biennially to determine if it is accurate or alternatively if the code needs amending; and WHEREAS, the City’s current and in effect Conflict of Interest Code was last reviewed and adopted on July 17, 2018; and
WHEREAS, the City of Patterson has had new minor changes to its Code; to its designated positions and disclosure categories; and
WHEREAS, staff is recommending that City Council approve the City of Patterson’s Conflict of Interest Code (attached) that is currently in effect with minor changes/amendments as stated; and WHEREAS, the City Council has reviewed and hereby approves the City of Patterson’s Conflict of Interest Code (attached) that is currently in effect with minor changes/amendments as stated.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Patterson as required by State Law does hereby adopt the City of Patterson’s Conflict of Interest Code as is, currently in effect with minor changes/amendments, a copy of which is attached hereto and by reference incorporated herein.

The foregoing resolution of the City Council of the City of Patterson was passed by the City Council at a special meeting held on the 19th day of July 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

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Attachment: Resolution No. 2022-51 Conflict of Interest Code (Biennial) (2022 Conflict of Interest Code) 2 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 special meeting held on the 19th day of July 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. 2022-51 Conflict of Interest Code (Biennial) (2022 Conflict of Interest Code)

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Attachment: 2022 Local Agency Biennial Notice (2022 Conflict of Interest Code) 1 CONFLICT OF INTEREST CODE FOR

THE CITY OF PATTERSON
Section 1. Conflict of Interest Code - Adopted
The Political Reform Act, Government Code Section 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted a regulation, 2 Cal Code of Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code. It can be incorporated by reference and may be amended by the FPPC after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal Code of Regs.

Section 18730 and any amendments to it duly adopted by the FPPC are hereby incorporated by reference, and along with the attached appendix’s in which members and employees are designated and disclosure categories are set forth constitutes the Conflict of Interest Code of the City of Patterson, which is considered the agency within the purview of this code. The Conflict of Interest Code of the City of Patterson so adopted amends and replaces any Conflict of Interest Code of the City of Patterson previously in effect to conform to this newly adopted code.

Section 2. Conflict of Interest Code – Statements
Designated employees shall file statements of economic interest with the City Clerk, who shall be and perform the duties of filling officer for the City of Patterson.

Section 3. Savings Clause
Any change provided for in this conflict of interest code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other conflict of interest code; nor shall it affect any prosecution, suit, or proceedings pending or any judgment rendered in connection with any other conflict of interest code.

APPENDIX OF DESIGNATED POSITIONS
As of July 21, 2020
Designated Positions Assigned Disclosure Categories
City Staff
City Manager 1 through 25
Program Manager 1 through 25
• The Program Manager position has been added
Human Resources Director 1 through 25
City Clerk 1 through 25
Deputy City Clerk 1 through 25

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Attachment: Changes to Conflict of Interest Code 2022 (2022 Conflict of Interest Code) 2 • The Deputy City Clerk position has been added
Community Development Director 1 through 25
• Title updated to: Director of Planning & Community Development City Planner 1 through 25
Public Works Director 1 through 25
Deputy Public Works Director 1 through 25
Capital Projects Manager 1 through 25
Recreation & Community Services Director 1 through 25
Building Inspections (Contract Manager/Owner) 1 through 25 Building Official 1 through 25
Finance Director 1 through 25
Fire Chief 1 through 25
Police Chief 1 through 25
City Engineer(s) 1 through 25
City Attorney 1 through 25
Deputy City Attorney 1 through 25
Special Counsel 1 through 25
City Treasurer 1 through 25
Auditors (Contract Manager/Owner) 1 through 25
Information Technology Manager 1 through 25
Grant Writers (Contract Manager/Owner or In-House) 1 through 25 Consultants * 1 through 25
Consultants *
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:

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Attachment: Changes to Conflict of Interest Code 2022 (2022 Conflict of Interest Code) 3 The City Manager or his designee may determine in writing that a particular consultant, although a “designated position” is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager or his designee’s determination is a public record and shall be retained for public inspection in the same manner and location as the conflict of interest code.

Council, Commissions, Committees and Boards
City Council Members 1 through 25
Planning Commission Members 1 through 25
Economic Strategic Commission Members 1 through 25
Parks, Recreation & Beautification Commission 1 through 25 Senior Center Board of Directors Members 1 through 25
Turlock Mosquito Abatement District Member 1 through 25

APPENDIX OF DISCLOSURE CATEGORIES
List of Disclosure Categories
Specification Sheet
Reportable Investments, Interest in Real Property and Income Disclosure Category

1. All investments and business positions in business entities, sources of income and interests in real property.

2. Investments and business positions in business entities, and all sources of income.

3. Interests in real property.

4. Investments and business positions in business entities, and sources of income from entities providing supplies, services, equipment or machinery of the type used by the designated employee’s unit.

5. Investments and business positions in, and income from entities which are book outlets, vendors or providers of business services.

6. Investments and business positions in business entities and come from sources engaged in construction, building, or material supply.

7. Investments and business positions in business entities and income from sources which supply or manufacture solar energy systems.

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Attachment: Changes to Conflict of Interest Code 2022 (2022 Conflict of Interest Code) 4 8. Investments and business positions in business entities and income from sources engaged in construction or development.

9. Investments and business positions in business entities and income from sources which provide transportation services subject to the review or approval of the Public Works Department and all interest in real property.

10. Investments and business position in, and income from sources engaged in the construction of public works projects.

11. Investments and business positions in business entities and income from construction companies involved in progress payments.

12. Investments and business positions in, and income from construction firms involved in construction projects subject to acceptance by the City Council.

13. Investments and business positions in business entities and income from business entities of the type to provide bids, supplies, vehicles and equipment.

14. Investments and business position in, and income from entities which provide training, services or facilities of the type utilized by the City.

15. Investments and business positions in business entities and sources of income which provide services and supplies of the type used in emergency services coordination and training activities.

16. Investments and business positions in, and income from Union Pension Funds that may be affected by the outcome of negotiations involving monetary settlements and employer-employee memorandum.

17. Investments and business positions in, and income from entities providing medical services or facilities of the type used by the City.

18. Investments and business positions in, and income from business entities engaged in providing eye examinations and eyeglasses, including but not limited to opticians, ophthalmologists, etc.

19. Investments and business positions in and income from business entities supplying or manufacturing electronic equipment, supplies or services of the type utilized by the employee’s unit.

20. Investments and business positions in, and income from business entities providing supplies, services, equipment or machinery of the type used by the City or County.

21. Investments and business positions in, and income from employment agencies or entities which provide employment or pre-employment services. Services include, but are not limited to, testing, training, consulting, job classification studies and salary surveys.

22. Investments and business positions in, and income from, business entities which are of the type to provide any of the various types of employee insurance coverage and/or actuarial services.

23. Investments and business positions in business entities, and income from sources which supply and manufacture firefighting equipment and supplies.

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Attachment: Changes to Conflict of Interest Code 2022 (2022 Conflict of Interest Code) 5 24. Investments and business position in business entities and come from sources which provide, supply manufacture or service computer hardware or software of the type utilized by the City of County.

25. Investments and business position in business position in business entities and come from sources which are of the type to have done business with County government in the previous two years; income from individuals who are County employees, as well as all interest in real property.

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Attachment: Changes to Conflict of Interest Code 2022 (2022 Conflict of Interest Code) 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: July 19, 2022
ITEM NO: 5.5
SUBJECT: Adopt Resolution No. 2022-50, 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. 2022-50, 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

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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

5.5 Packet Pg. 35
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. 2022-50;

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

3. Reject Resolution No. 2022-50

5.5 Packet Pg. 36
{CW108806.1}
RESOLUTION NO. 2022-50

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

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Attachment: Resolution No. 2022-50 AB361 (9th Approval July 19, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-50 AB 361 Zoom Via {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

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Attachment: Resolution No. 2022-50 AB361 (9th Approval July 19, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-50 AB 361 Zoom Via {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 19th day of July 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

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Attachment: Resolution No. 2022-50 AB361 (9th Approval July 19, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-50 AB 361 Zoom Via {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 19th day of July 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

5.5.a
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Attachment: Resolution No. 2022-50 AB361 (9th Approval July 19, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-50 AB 361 Zoom Via 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: July 19, 2022
ITEM NO: 5.6
SUBJECT: Adopt Resolution No. 2022-53 Approving the Subdivision Improvement Agreement and to accept Final Maps for the Camden Shire subdivision located in the Villages of Patterson Master Development Plan.

RECOMMENDATION
Motion to Adopt Resolution No. 2022-53 Approving the Subdivision Improvement Agreement and to accept Final Maps for the Camden Shire subdivision located in the Villages of Patterson Master Development Plan.

BACKGROUND
The Camden Shire subdivision is located within the Villages of Patterson Master Development Plan (“VOP Development Plan”). Camden Shire consists of approximately 15.39 gross acres subdivided into 95 lots. VOP 2.1, one of the developers of the VOP Development Plan, is the developer of Camden Shire (“Developer”). Developer will develop Camden Shire in accordance with the VOP Development Plan. This Resolution would approve the Subdivision Improvement Agreement and accept the Final Maps for the Camden Shire subdivision.

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 Camden Shire in 2006 in conjunction with other entitlements relating to the VOP Development Plan. Pursuant to Developer’s conditions of approval, Developer is required to install certain public improvements to support the orderly development of the property, including but not limited to, streets, alleys, water mains, sanitary sewers, storm drain systems, sidewalks, bike paths, and other rights-of-way for public use (the “Improvements”).

5.6 Packet Pg. 41

ANALYSIS
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 Camden Shire Final Map.

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 Map for Camden Shire, 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 Camden Shire subdivision.

5.6 Packet Pg. 42
{CW114715.1}
RESOLUTION NO. 2022-53

A RESOLUTION OF THE PATTERSON CITY COUNCIL

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND

ACCEPTING FINAL MAPS FOR THE CAMDEN SHIRE SUBDIVISION LOCATED IN

THE VILLAGES OF PATTERSON MASTER DEVELOPMENT PLAN
(APNs: 047-031-060)
WHEREAS, VOP 2.1, LLC (“Developer”) own tracts of land consisting of approximately

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

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

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Attachment: Resolution No. 2022-53 Camden Shire SIA Final Maps (07-07-2022) (CW114715xDCB25) (Resolution No. 2022-53 VOP Camden {CW114715.1}
NOW, THEREFORE, BE IT RESOLVED that the Patterson City Council hereby approves the attached Subdivision Improvement Agreement with Developer, authorizes the City Manager to execute and perform all acts pursuant to the Subdivision Improvement Agreement, approves the acceptance and recording of the Final Maps for Camden Shire, and further authorizes the City Manager to perform all acts necessary and incidental to carry out the purposes of this Resolution.

PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PATTERSON ON THE 19TH DAY OF JULY 2022, BY THE FOLLOWING ROLL CALL VOTE:

AYES:

NOES:

EXCUSED:

Dennis McCord
Mayor of the City of Patterson
ATTEST:

Aracely Alegre
City Clerk of the City of Patterson

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Attachment: Resolution No. 2022-53 Camden Shire SIA Final Maps (07-07-2022) (CW114715xDCB25) (Resolution No. 2022-53 VOP Camden {CW114715.1}
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 19th day of July 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

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Attachment: Resolution No. 2022-53 Camden Shire SIA Final Maps (07-07-2022) (CW114715xDCB25) (Resolution No. 2022-53 VOP Camden {CW114715.1}

EXHIBIT A

SUBDIVISION IMPROVEMENT AGREEMENT

CAMDEN SHIRE

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Attachment: Resolution No. 2022-53 Camden Shire SIA Final Maps (07-07-2022) (CW114715xDCB25) (Resolution No. 2022-53 VOP Camden {CW114714.1}
+RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF PATTERSON
1 Plaza, 2nd Floor
Patterson, CA 95363
Attention: City Clerk
Exempt from recording fees
(Gov. Code §§ 6103 and 27383)
(Space above this line for Recorder’s use)
Assessor’s Parcel Numbers: 047-031-060

SUBDIVISION IMPROVEMENT AGREEMENT
CAMDENSHIRE – Phase one and Two – 95 Lots
This SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and deemed effective as of , 2022, by and between the City of Patterson, a California municipal corporation (“City”) and VOP 2.1, LLC, a California limited liability company (“Subdivider”). City and Subdivider may herein be referred to individually as a “Party” and collectively as the “Parties”. There are no other parties to this Agreement. This Agreement is made with reference to the following:

RECITALS
A. Subdivider owns a tract of land consisting of approximately 15.4 gross acres, lying in the City of Patterson, County of Stanislaus, California, known as “Camden Shire”, more particularly described as Stanislaus County Assessor’s Parcel Numbers 047-031-060 and shown in more detail on the legal description attached hereto as Exhibit A (the “Property” or the “Subdivision”).

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

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

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW114714.1}
Development Agreement”).

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

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

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

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

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

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

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

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

AGREEMENT

1. Recitals. The recitals above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and Sections 1 through 23 of this Agreement, Sections 1 through 23 shall prevail.

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW114714.1}

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

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

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

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

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

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

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

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

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW114714.1}
for good cause, after written application by Subdivider. Such application shall state fully the grounds and facts showing good cause for such extension to be granted. In granting any extension of time, the City Engineer may require a new or amended subdivision improvement agreement, or new security, to reflect increases in the costs of constructing the Improvements or other conditions related to the extension of time.

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

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

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

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

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

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

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

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

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

5.6.b
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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW114714.1}
Mello-Roos Community Facilities District Act (Gov. Code, § 53311 et seq.), or provide alternate financing of ongoing maintenance obligations in a form acceptable to City, and complete all necessary proceedings to include the Property into such CFD. The Parties acknowledge Subdivider’s satisfaction of this obligation as the Property is subject to CFD 2018-1 and CFD 2018-2.

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

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

O. Document Subdivider’s compliance with the School Facilities Funding and Mitigation Agreement, originally entered between NET and Patterson Joint Unified School District (“PJUSD”), or with a separate agreement implementing those portions of Subdivider’s obligations relative to the VOP area. Prior to the issuance of any building permits, Subdivider shall document such compliance through a letter provided by PJUSD.

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

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

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

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

5.6.b
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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW114714.1}
Improvements and any real property to be dedicated shall vest absolutely in City upon completion and acceptance of such Improvements by the City Council pursuant to Section 8 below. City shall not accept the Improvements unless title to the Improvements is entirely free from all liens. Prior to acceptance, at City’s request, Subdivider shall supply City with appropriate lien releases, at no cost to and in a form acceptable to City.

8. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Improvements are to be constructed or installed on land not within the Subdivision or an already existing public right-of-way, no construction or installation shall commence before:

A. The irrevocable offer of dedication or conveyance to City of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements; or B. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law (Cal. Code Civ. Proc. § 1230.010 et seq.). Subdivider shall comply in all respects with any such order of possession.

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

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

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

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW114714.1}

12. Securities.

A. Types of Security. City has accepted and approved the Final Map, however, Subdivider expressly agrees that City will not record the Final Map until the following securities are provided (collectively, the “Securities”):
i. Performance Security. An amount determined by the City Engineer to be one hundred percent (100%) of the total estimated Cost of Improvements (remaining onsite and offsite only), securing Subdivider’s faithful performance and completion of the Improvements, in the form attached hereto as Exhibit C (“Performance Security”). ii. Payment Security. An additional amount determined by the City Engineer to be not less than one hundred percent (100%) of the total estimated Cost of Improvements (remaining onsite and offsite only), securing Subdivider’s payment to any contractor, subcontractor, person renting or supplying equipment, or furnishing labor and materials related to installing and completing the Improvements, in the form attached hereto as Exhibit D (“Payment Security”).
iii. Warranty. An additional amount of ten percent (10%) of the estimated Cost of Improvements, for the guarantee and warranty of the Improvements against any defective work or labor done, or defective materials (offsite and onsite), for a period of one (1) year following their completion and acceptance by City, in the form attached hereto as Exhibit E (“Warranty”). Upon Subdivider’s reasonable request, the Warranty may be posted after the Final Map is accepted but immediately prior to all public improvements being deemed complete and accepted by City.

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

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW114714.1}
C. Release of Securities. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:
i. Performance Security. City shall release or agree to a reduced Performance Security for the Improvements upon City’s acceptance of all dedications or the portions applicable to each Final Map area, in accordance with Section 8, or as may otherwise be authorized in accordance with the Subdivision Map Act (Gov. Code, § 66499.7). ii. Payment Security. City shall release the Payment Security for the Improvements in accordance with the Subdivision Laws. The Payment Security may, six (6) months after the Certificate of Completion is issued by the City Engineer, be reduced to an amount equal to the amount of all claims filed and related to the Improvements of which notice has been given to City. The balance of the Payment Security shall be released upon the settlement of all claims and obligations for which the Payment Security was given. iii. Warranty. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following the issuance of a Certificate of Completion for the Improvements. If, however, the City Engineer determines there are defects in the Improvements that require correction pursuant to Section 11 above, and such defects are not corrected within a reasonable time, the City Engineer shall utilize the Securities to make all necessary corrections, including payment of reasonable expenses and fees and attorney’s fees in connection with enforcement of any provision of this Agreement.

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

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

14. Fees. Subdivider shall maintain a deposit account with City in order to pay all costs incurred by City in processing this Agreement, and all fees imposed in connection with the

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW114714.1}
construction and inspection of the Improvements, including but not limited to the costs of any third party City Inspectors. The fees referred to herein are not inclusive of all City fees, charges or other costs that may be imposed on the Subdivision.

15. Default of Subdivider.

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

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

C. Remedies; Performance by City.
i. In the event the applicable cure period set forth in Section 15.B has expired without such default having been cured or significant progress made, City may thereafter deliver a notice of default to Subdivider and Subdivider’s surety, if any, of the City’s intent to complete the work. If the default remains uncured within twenty (20) calendar days from Subdivider’s receipt of the written notice of default, Subdivider authorizes City to complete all work on the Improvements at the sole expense of Subdivider, and Subdivider authorizes to utilize the Securities to complete all work on the Improvements and to pay all labor costs of contractors, subcontractors and workers related to the Improvements. In the event of default of this Agreement, or abandonment of the Subdivision, City may take over the Improvements and prosecute them to completion, by contract or by any other method City may deem advisable, at the expense of Subdivider, and Subdivider shall be liable to City for any excess cost or damages incurred by City.

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

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Subdivision or the Final Map as the case may be, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this Subsection is in addition to and not in lieu of other remedies available to City, and is not required to implement other available remedies.

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

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

16. Environmental Warranty.

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

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defined under any Environmental Laws or any substance which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous, or any substance which contains gasoline, diesel fuel or other petroleum hydrocarbons, polychlorinated biphenyls (PCBs), radon gas, urea formaldehyde, asbestos, lead, or electromagnetic waves.

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

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

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

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restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or suit under any Environmental Law.

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

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

19. Indemnity.

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

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

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

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

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inspecting any Improvement Work. The Security shall not be required to cover the provisions of this section.

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

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

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

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

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

2. Be primary with respect to any insurance or self-insurance programs covering City and City Agents.
ii. Automotive Liability Insurance. Subdivider shall ensure that all builders and agents of Subdivider maintain automotive liability insurance covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services or

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performing work under this Agreement for bodily injury and property damage with a limit of not less than two million dollars ($2,000,000.00) for each occurrence. Such insurance shall also:

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

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

1. Subdivider represents to City that they have no obligation to maintain worker’s compensation insurance in accordance with California Labor Code section 3700, as Subdivider has no employees and does not intend to hire any employees throughout the term of this Agreement.

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

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

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

22. Notices. Any notice or communication required hereunder between City and Subdivider must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party may at any time, by giving ten (10) days written notice to the other Party, designate any other addressin substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW114714.1}
If to City: City of Patterson
1 Plaza, 2nd Floor
Patterson, CA 95363
Attn: City Manager
With copies to: City of Patterson
1 Plaza, 2nd Floor
Patterson, CA 95363
Attn: City Clerk
and White Brenner, LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attn: Nubia I. Goldstein, Esq.

Email: [email protected]
If to Subdivider: VOP 2.1, LLC
800 West Doran St.

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

23. General Provisions:

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

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

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

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

E. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after

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the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

F. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.

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

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

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

I. Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

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

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

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

M. Other Documents. Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.

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

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

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

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

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

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

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

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW114714.1}
IN WITNESS WHEREOF, this Agreement has been entered into by and between Subdivider and City as of the above-referenced Effective Date.

SUBDIVIDER:

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

Name:

Title:

Date:

CITY:

CITY OF PATTERSON, a California
municipal corporation:

By:

Ken Irwin, City Manager
ATTEST:

By:

Aracely Alegre, City Clerk
APPROVED AS TO FORM:

By:

Nubia Goldstein, City Attorney

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW113562.2} {CW114714.1}
California All-Purpose Acknowledgment
State of California )
)
County of )
On , before me , a Notary
Public, personally appeared who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
(Signature)
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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EXHIBITA
Legal Description

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW113562.2} {CW114714.1}

EXHIBITB
Copy of Final Map

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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) R D G GDR ENGINEERING, Inc. OWNER'S STATEMENT CITY CLERK'S STATEMENT TAX COLLECTOR'S STATEMENT CITY ENGINEER'S STATEMENT COUNTY RECORDER'S STATEMENT CITY'S SURVEYOR'S STATEMENT PLANNING COMMISSION'S STATEMENT SURVEYOR'S STATEMENT CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE DRAFT CAMDEN SHIRE PHASE 1 Vil ages of Patterson BEING A SUBDIVISION OF A PORTION OF LOTS 72 AND 73 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1 AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, CITY OF PATTERSON, STANISLAUS COUNTY, CALIFORNIA OMITTED SIGNATURES STATEMENT FEE TITLE DEDICATION NOTARY STATEMENT DO NOT STAMP NOTARY STATEMENT DO NOT STAMP 5.6.b Packet Pg. 70
Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) LOT 72 (04 - M - 40) (27 - S - 11) PATTERSON RANCH UNIT NO. 2 (44 - M - 84) 187 186 185 184 183 182 180 179 177 175 174 173 172 171 170 181 LOT "B" LOT 73 (04 - M - 40) 46 40 30 18 28 16 29 17 33 21 32 20 48 65 19 47515049 37 232227262572 1514131211 10 43 39 41 35 4245 3634 44 1 2 3 4 6 7 8 9 LOT "A" OLIVE AVENUE 73 74 5 38 LEGEND MONUMENTATION NOTE GENERAL NOTES R D G GDR ENGINEERING, Inc. REFERENCE DOCUMENTS ABBREVIATIONS R GD CAMDEN SHIRE PHASE 1 Vil ages of Patterson BEING A SUBDIVISION OF A PORTION OF LOTS 72 AND 73 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1 AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, CITY OF PATTERSON, STANISLAUS COUNTY, CALIFORNIA SYCAMORE AVENUE BASIS OF BEARINGS REMAINDER (56 - PM - 96) DRAFT SEE SHEET 3 OF 3 FOR LINE AND CURVE TABLE 5.6.b Packet Pg. 71
Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) PATTERSON RANCH UNIT NO. 2 (44 - M - 84) DETAIL "A" WOODSTOCK DRIVE ENGLISH BIRCH AVENUE

HELMSLEY
LANE

HEADLEY LANEDARLINGTON WAY

CHESHAM
LANE

EASTWOOD
WAY
SUTTON
DRIVE 40 30 18 5 28 16 29 17 33 21 32 20 48 31 19 47515049 37 232227262524 1514131211 10 43 39 41 3835 42 3634 44 26789413 LOT "A" CURVE TABLE CURVE RADIUS DELTA LENGTH LINE TABLE LINE DIRECTION LENGTH PATTERSON RANCH UNIT NO. 2 (44 - M - 84) 46 45 DETAIL "B" REMAINDER ±7.29 ACRES R GD BEING A SUBDIVISION OF A PORTION OF LOTS 72 AND 73 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1 AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, CITY OF PATTERSON, STANISLAUS COUNTY, CALIFORNIA CAMDEN SHIRE PHASE 1 Vil ages of Patterson R D G GDR ENGINEERING, Inc. OLIVE AVENUE SYCAMORE AVENUE DRAFT FEATHERSTONE DRIVE LOT "A"

HARTLEY
STREET SEE SHEET 2 FOR LEGEND, ABBREVIATIONS, NOTES, AND REFERENCES 5.6.b Packet Pg. 72
Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) R D G GDR ENGINEERING, Inc. OWNER'S STATEMENT CITY CLERK'S STATEMENT TAX COLLECTOR'S STATEMENT CITY ENGINEER'S STATEMENT COUNTY RECORDER'S STATEMENT CITY'S SURVEYOR'S STATEMENT PLANNING COMMISSION'S STATEMENT SURVEYOR'S STATEMENT CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE DRAFT OMITTED SIGNATURES STATEMENT NOTARY STATEMENT DO NOT STAMP NOTARY STATEMENT DO NOT STAMP CAMDEN SHIRE PHASE 2 Vil ages of Patterson BEING A SUBDIVISION OF A PORTION OF LOT 72 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1 AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, CITY OF PATTERSON, STANISLAUS COUNTY, CALIFORNIA 5.6.b Packet Pg. 73
Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) OLIVE AVENUE LOT 72 (04 - M - 40) (27 - S - 11) PATTERSON RANCH UNIT NO. 2 (44 - M - 84) 187 186 185 184 183 182 180 179 177 173 172 171 170 168 175 174 181 LOT "B" 52 73 74 LOT 73 (04 - M - 40) 46 40 30 18 28 16 29 17 33 21 32 20 48 65 19 47515049 37 232227262572 1514131211 10 43 39 41 35 4245 3634 44 1 2 3 4 6 7 8 9 LOT "A" 5 38 CAMDEN SHIRE PHASE 1 ( __ - M - __ ) 53545556 58 57 596061 697273687174677075 6665646362 8382 81807978777684 89 93 94 95 88 87 86 85 90 91 92 LEGEND MONUMENTATION NOTE GENERAL NOTES R D G GDR ENGINEERING, Inc. REFERENCE DOCUMENTS ABBREVIATIONS R GD CAMDEN SHIRE PHASE 2 Vil ages of Patterson BEING A SUBDIVISION OF A PORTION OF LOT 72 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1 AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, CITY OF PATTERSON, STANISLAUS COUNTY, CALIFORNIA SYCAMORE AVENUE BASIS OF BEARINGS REMAINDER (56 - PM - 96) DRAFT 5.6.b Packet Pg. 74
Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) 35 41 38 42 37 WIMBLEY PARKWAY
HARTLEY STREET 187 186 PATTERSON RANCH UNIT NO. 2 (44 - M - 84) 177 176 175 174 173 172 171 170 168 71 81 90 858483 67 827880797677 68697075747372 63 62616059 66586564 86 87 88
89 93
91 92
94 95 DETAIL "A"

ADELAIDE

LANE WOODSTOCK DRIVE DARLINGTON WAY ENGLISH BIRCH AVENUE

CHATHAM
LANE
HEADLEY LANE DETAIL "B" 545253575655 40 30 5 28 16 2933 21 32 31 48475150 49 232227262524 1510 43 393634 44 1 2 3 4 6 7 8 9 LOT "A" 46 52 85 86 LINE TABLE LINE DIRECTION LENGTH 45 DETAIL "C" 46 182019 131211 CURVE TABLE CURVE RADIUS DELTA LENGTH R GD BEING A SUBDIVISION OF A PORTION OF LOT 72 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1 AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, CITY OF PATTERSON, STANISLAUS COUNTY, CALIFORNIA CAMDEN SHIRE PHASE 2 Vil ages of Patterson R D G GDR ENGINEERING, Inc. OLIVE AVENUE DRAFT FEATHERSTONE DRIVE 5.6.b Packet Pg. 75
Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW113562.2} {CW114714.1}

EXHIBIT C
Performance Bond

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

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

WHEREAS, the Principal has entered into a contract with Obligee, dated , 20 for .
day of
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal’s failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

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

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

SIGNED, SEALED, AND DATED this day of , .

Principal:

By:

Name:

Title:

Surety:

By:

Name:

Title:
(SURETY’S SEAL)

5.6.b
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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW113562.2} {CW114714.1}

EXHIBIT D
Payment Bond

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

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

WHEREAS, the Principal has entered into a contract with Obligee, dated , 20 for .
day of
NOW, THEREFORE, if the Principal shall, in accordance with applicable Statues, promptly make payments to all persons supplying labor and material in the prosecution of the work provided for in said contract, any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation shall be null and void, otherwise it shall remain in full force and effect.

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

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

SIGNED, SEALED, AND DATED this day of , .

Principal:

By:

Name:

Title:

Surety:

By:

Name:

Title:
(SURETY’S SEAL)

5.6.b
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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) {CW113562.2} {CW114714.1}

EXHIBITE
Warranty Bond

5.6.b
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Attachment: VOP 2.1 SIA Camden Shire (07-07-2022) (Resolution No. 2022-53 VOP Camden Shire SIA & FM) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: July 19, 2022
ITEM NO: 5.7
SUBJECT: Approve Resolution No. 2022-54 Delegating Authority for California Public Employee Retirement System (CalPERS) Employer Initiated Disability Retirement to the City Manager or designee, pursuant to Government Code Sections 21173.

RECOMMENDATION
Motion to Approve Resolution No. 2022-54 Delegating Authority for California Public Employee Retirement System (CalPERS) Employer Initiated Disability Retirement to the City Manager or designee, pursuant to Government Code Sections 21173.

BACKGROUND
The City of Patterson is a contracting agency with CalPERS. When there is a need to submit a disability retirement to CalPERS, the Public Employees’ Retirement Law (PERL) requires a contracting agency to determine whether a local safety member employee is disabled for the purposes of the Public Employees’ Retirement Law and whether the disability is considered “industrial.” The governing body must delegate authority to an office or position of the agency to make that determination and file an Employer Originated Disability Retirement Application on behalf the agency and employee.

ANALYSIS
There are times when employees with an industrial injury or illness, who by the nature of the injury or illness, are not able to return to their position or another alternate position. In this situation, Government Code sections 21153 and 31721 require PERS agencies to apply for a disability retirement on the employee’s behalf.

5.7 Packet Pg. 79
Government Code section 21173 allows the governing body of a contracting agency to delegate any authority or duty conferred or imposed to a subordinate officer, subject to conditions it may impose. Staff requests consideration of a Resolution designating the authority in the determination of disability retirements for safety employees.

FISCAL IMPACT
There are no fiscal impacts associated with this action.

5.7 Packet Pg. 80
RESOLUTION NO. 2022 - 54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON

DELEGATAING AUTHORITY FOR CALPERS EMPLOYER INITIATED DISABILTY

RETIREMENT
WHEREAS, the City of Patterson is a contracting agency of the California Public Employees’ Retirement System; and
WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees’ Retirement Law and such disability is "industrial" within the meaning of such Law; and WHEREAS, the City Council has determined upon legal advice that it may delegate authority under Government Code section 21173 to make such determinations to the incumbent of the office/position of City Manager or their designee.

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

The City Council hereby approves, and it does hereby delegate to the incumbent of the office/position of City Manager or their designee, authority to make application on behalf of the Agency pursuant to Government Code section 21152 (c) for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability.

BE IT FURHTER RESOLVED that the City Council approves, and it does herby delegate to the incumbent of the office/position of City Manager or their designee authority to make determinations of disability on behalf of the Agency under Government Code section 21156 and whether such disability is industrial and to certify such determinations and all other necessary information to the California Public Employees’ Retirement System.

The foregoing resolution was passed by the City Council at a regular meeting held on the 19th day of July 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:

5.7.a
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Attachment: Resolution No. 2022-54_CalPERS Delegation of Authority (Resolution No. 2022-54 Delegation of CalPERS) 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 19th day of July 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

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Attachment: Resolution No. 2022-54_CalPERS Delegation of Authority (Resolution No. 2022-54 Delegation of CalPERS) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Jeff Gregory, Fire Chief
MEETING DATE: July 19, 2022
ITEM NO: 6.1
SUBJECT: Authorize Staff to abate Public Nuisance, by removing Weeds, Dirt, Rubbish, and/or Rank Growth 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 (Clean Up Resolution No. 2022-52)

RECOMMENDATION
Authorize Staff to abate Public Nuisance, by removing Weeds, Dirt, Rubbish, and/or Rank Growth as 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 (Clean Up Resolution No.2022-52)
Authorize Staff to begin the bid process utilizing licensed contractors.

BACKGROUND
The abatement of Weeds, Dirt, Rubbish and/or Rank Growth is a process the City of Patterson Fire Department conducts annually, per Ordinance, in an effort to reduce the aforementioned 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.

This process is conducted year-round, with greater emphasis placed on abating such nuisances between May and October, where hotter, dryer conditions create a greater fire danger and potential for ignition of said nuisances.

ANALYSIS

6.1 Packet Pg. 83
Based on weed abatement surveys and or inspections, formal notices have been issued for the identified properties and or parcels within City limits (see Exhibit “A”) in accordance with the City of Patterson Municipal Code, Chapter 6.16.050, which states:

6.16.050 Service of notice.

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

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.

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.html> 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.

Staff is requesting approval from the City Council for the abatement of weeds and or rank growth to reduce and or eliminate potential fire hazards. Once approved, Staff will obtain bids from licensed contractors for the removal and proceed with award of the contract to the lowest responsible bidder and bill costs occurred to the property owners in accordance with Patterson Municipal Code, Chapter 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 6.16.190:

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).

6.1 Packet Pg. 84
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RESOLUTION NO. 2021-52

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 Fire Chief 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 Fire Chief 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 19th day of July 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 19 th
day of July 2022, by , who moved its adoption, which motion was duly seconded by

6.1.a
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Attachment: Resolution No. 2022-52 Fire Dept. - Weed Abatement, Clean Up Process (Resolution No. 2022-52 Weed Abatements (Clean Up 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
, 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 19
th day of July 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

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Attachment: Resolution No. 2022-52 Fire Dept. - Weed Abatement, Clean Up Process (Resolution No. 2022-52 Weed Abatements (Clean Up Exhibit A

SITE APN DATE NOTIFIED
1 420 S. 3rd St., Patterson, CA 95363 131-006-016 06/29/2022 2 K St., Patterson, CA 95363 131-011-024 06/29/2022
3 0 Baldwin Rd., Patterson, CA 95363 021-095-012 06/29/2022 4 0 Hwy 33, Patterson, CA 95363 047-058-013 06/29/2022
5 1181 N 2nd St., Patterson, CA 95363 047-058-005 06/29/2022 6 0 Rogers Rd., Patterson, CA 95363 021-028-008 06/29/2022 7 0 Rogers Rd., Patterson, CA 95363 021-028-042 06/29/2022 8 300 N. 2nd St., Patterson, CA 95363 131-010-038 06/29/2022

SITE APN DATE NOTIFIED
1 420 S. 3rd St., Patterson, CA 95363 131-006-016 06/29/2022

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Attachment: Exhibit A (Resolution No. 2022-52 Weed Abatements (Clean Up Process))

SITE APN DATE NOTIFIED
2 K St., Patterson, CA 95363 131-011-024 06/29/2022

SITE APN DATE NOTIFIED
3 0 Baldwin Rd., Patterson, CA 95363 021-095-012 06/29/2022

SITE APN DATE NOTIFIED
4 0 Hwy 33, Patterson, CA 95363 047-058-013 06/29/2022

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Attachment: Exhibit A (Resolution No. 2022-52 Weed Abatements (Clean Up Process))

SITE APN DATE NOTIFIED
5 1181 N 2nd St., Patterson, CA 95363 047-058-005 06/29/2022

SITE APN DATE NOTIFIED
6 0 Rogers Rd., Patterson, CA 95363 021-028-008 06/29/2022

SITE APN DATE NOTIFIED
7 0 Rogers Rd., Patterson, CA 95363 021-028-042 06/29/2022

6.1.b
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Attachment: Exhibit A (Resolution No. 2022-52 Weed Abatements (Clean Up Process))

SITE APN DATE NOTIFIED
8 300 N. 2nd St., Patterson, CA 95363 131-010-038 06/29/2022

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Attachment: Exhibit A (Resolution No. 2022-52 Weed Abatements (Clean Up Process))

WEST PATTERSON FINANCING AUTHORITY

AGENDA REPORT
TO: Chair McCord and Members of the West Patterson Financing Authority FROM: Ken Irwin, Executive Director
BY: Nubia Goldstein, City Attorney
MEETING DATE: July 19, 2022
ITEM NO: 8.1
SUBJECT: Approve West Patterson Financing Authority Resolution No. 2022- 01 Approving Joint Community Facilities Agreement Between Patterson Joint Unified School District and City of Patterson, to Provide Funding for School Facilities for the Villages of Patterson.

RECOMMENDATION
Motion to Approve West Patterson Financing Authority Resolution No. 2022-01 Joint Community Facilities Agreement Between Patterson Joint Unified School District and City of Patterson, to Provide Funding for School Facilities for the Villages of Patterson.

BACKGROUND & ANALYSIS
The Villages of Patterson Development Project (the “Villages”) began in 2006. The Villages involves 692 acres located south of Eucalyptus Avenue, east of State Highway 33, west of Sycamore Avenue, and north of Walnut Avenue. Development in the Villages stalled for a period of time but has progressed in recent years. In the Phase 1 area south of Olive Avenue the City has now approved multiple final subdivision maps and issued over 150 building permits.

Community Facilities Districts (often referred to as “Mello-Roos Districts”) are land-financing districts that help fund the infrastructure and public facilities for new development. In 2018, the City Council, acting as the Board of Directors of the West Patterson Financing Authority (the “Authority”), formed Community Facilities District No. 2018-1 (“CFD 2018-1”). The Authority formed CFD 2018-1 to finance infrastructure and public facilities for the Villages (such as improvements for water, sewer, storm drainage, roadways, and schools). In October 2021 the Authority issued the first bond series for CFD 2018-1 in the amount of approximately $5 million.

8.1 Packet Pg. 91
The Authority will issue more bond series as building continues in the Villages.

Different agreements detail the financing of the school facilities for the Villages. The Villages developers are subject to a School Facilities Mitigation Agreement with the Patterson Joint Unified School District (“School District”). The City and the Developers are also subject to the Villages Development Agreement. Both of these agreements provide that the financing district formed for the Villages (here, CFD 2018-1) will provide $12 million to the School District for new school facilities.

Public agencies must enter into a “Joint CFD Agreement” where a CFD will fund improvements or facilities that will be owned by different public agencies. A Joint CFD Agreement allows the public agency in charge of the CFD to send CFD funds to the other public agency. The attached Joint CFD Agreement is between the Authority and School District, and contains the following terms in accordance with the School Facilities Mitigation Agreement and the Development Agreement:
· School District will receive $1 million from the first bond issuance, which staff has set aside to send to the School District after execution of the Joint CFD Agreement. · School District will receive $5 million from the second bond series. · School District will receive $6 million from the fourth bond series.

Upon execution of the Joint CFD Agreement, the authorized officers of CFD 2018-1 can begin transferring bond proceeds to the School District, which the School District will use to finance the construction of the school facilities in the Villages.

FISCAL IMPACT
The Joint CFD Agreement is connected to funds that the Authority receives from CFD 2018-1.

Execution of the Joint CFD Agreement establishes the timing of payments to the School District using bond proceeds from CFD 2018-1. Payment to the School District only occurs as the Authority issues and receives more bond series.

ATTACHMENTS
WPFA Resolution No. 2022-01
Joint CFD Agreement between School District and City of Patterson (attached as Exhibit A to the Resolution)

8.1 Packet Pg. 92
{CW114767.3}
RESOLUTION NO. 2022-01

A RESOLUTION OF THE WEST PATTERSON FINANCING AUTHORITY

APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT

WITH THE PATTERSON JOINT UNIFIED SCHOOL DISTRICT
FOR COMMUNITY FACILITIES DISTRICT 2018-1
WHEREAS, on December 12, 2006, the City of Patterson (“City”) adopted Resolution No. 2006-122 approving a Final Development Plan and other entitlements for the project known as the “Villages of Patterson”, which is comprised of approximately 692 acres located south of Eucalyptus Avenue, east of State Highway 33, west of Sycamore Avenue and north of Walnut Avenue; and
WHEREAS, on December 19, 2006, the City adopted Ordinance No. 681, which approved a Development Agreement that applies to properties within the Villages of Patterson. On October 15, 2018, the City approved an Operating Memorandum memorializing certain revisions to implement and update the 2006 Development Agreement (collectively, the “Development Agreement”); and
WHEREAS, on October 16, 2018, the City Council, acting as the Board of Directors of the West Patterson Financing Authority (the “Authority”), formed Community Facilities District 2018-1 (“CFD 2018-1”) to finance certain public improvements and facilities for the buildout of the Villages of Patterson, pursuant to the Mello-Roos Community Facilities Act of 1982 (Gov.

Code, § 53311 et seq.) (“Mello-Roos Act”); and
WHEREAS, the Authority has issued, and it is anticipated that the Authority will issue in the future, for and on behalf of CFD 2018-1, one or more series of bonds, secured by special taxes to be levied on non-exempt property within the boundaries of CFD 2018-1; and WHEREAS, the public facilities to be financed under CFD 2018-1 include certain facilities to be owned and operated by the Patterson Joint Unified School District (“School District”); and
WHEREAS, pursuant to Government Code section 53316.2, as the public agency that formed CFD 2018-1, the Authority must enter into a Joint Community Facilities Agreement with the School District to transfer any funds generated by CFD 2018-1 to the School District that will finance the construction of new school facilities; and
WHEREAS, the Authority and the School District have determined that it would be of benefit to the residents of each of their respective jurisdictions to enter into the attached Joint Community Facilities Agreement so the Authority can provide for the financing of the school facilities for the Villages of Patterson through CFD 2018-1; and WHEREAS, the purpose of this Resolution is to approve the attached Joint Community Facilities Agreement and provide for the construction of school facilities for the Villages of

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Attachment: WPFA Resolution No. 2022-01 Patterson-PJUSD Joint CFD Agreement (CW114767-3xDCB25) (WPFA Resolution No. 2022-01Joint {CW114767.3}
Patterson, in accordance with the requirements of the Mello-Roos Act.

NOW,THEREFORE, BE IT RESOLVED by the West Patterson Financing Authority that the Executive Director of CFD 2018-1 is hereby authorized to execute the Joint Community Facilities Agreement between the West Patterson Financing Authority and the School District (attached hereto as Exhibit A), to make any changes as the Executive Director may deem appropriate or necessary subject to the approval of the City Attorney, and to take all actions necessary and incidental to accomplish the purposes of this Resolution.

PASSED AND ADOPTED by the Board of Directors of the West Patterson Financing Authority on the 19th DAY of July 2022, by the following roll call vote:

AYES:

NOES:

EXCUSED:

APPROVED:

Dennis McCord, Chair
ATTEST:

Aracely Alegre, Secretary

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Attachment: WPFA Resolution No. 2022-01 Patterson-PJUSD Joint CFD Agreement (CW114767-3xDCB25) (WPFA Resolution No. 2022-01Joint {CW114767.3}
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the West Patterson Financing Authority Board of Directors of the City of Patterson, Municipal Corporation of the County of Stanislaus, State of California, at a meeting held on the 19th day of July 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATED:
____________________________________
Secretary of the West Patterson Financing
Authority Board of Directors of the City of
Patterson

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Attachment: WPFA Resolution No. 2022-01 Patterson-PJUSD Joint CFD Agreement (CW114767-3xDCB25) (WPFA Resolution No. 2022-01Joint {CW114767.3}

EXHIBIT A
Joint Community Facilities Agreement
Relating to West Patterson Financing Authority Community Facilities District No. 2018-1 (Patterson Joint Unified School District and West Patterson Financing Authority)

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Attachment: WPFA Resolution No. 2022-01 Patterson-PJUSD Joint CFD Agreement (CW114767-3xDCB25) (WPFA Resolution No. 2022-01Joint {CW114670.7}

JOINT COMMUNITY FACILITIES AGREEMENT
(Patterson Joint Unified School District and West Patterson Financing Authority) Relating to West Patterson Financing Authority Community Facilities District No. 2018-1 THIS JOINT COMMUNITY FACILITIES AGREEMENT (this “Agreement”), dated as of _____________, 2022, is by and between the West Patterson Financing Authority, a joint powers agency, organized and operating pursuant to California law, on behalf of itself and Community Facilities District No. 2018-1 (Villages of Patterson), a Mello-Roos community facilities district formed by the West Patterson Financing Authority pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (collectively, the “Authority”), and the Patterson Joint Unified School District a California public school district organized and existing pursuant to California law (the “School District”). The Authority and the School District may hereinafter be referred to as a “Party,” and collectively herein as the “Parties.”

BACKGROUND
A. The Authority has established the “West Patterson Financing Authority Community Facilities District No. 2018-1 (Villages of Patterson)” (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Part 1 (commencing with Section 53311) of Division 2 of Title 5 of the California Government Code (the “Act”).

B. The CFD is authorized to finance certain public capital facilities and improvements (the “Facilities”), as more completely described in Exhibit A to Resolution No. 2018-01 of the Authority, which was adopted by the governing board of the Authority on September 4, 2018 (the “Resolution of Formation”).

C. A portion of the authorized Facilities will be owned and operated by the School District (the “School District Facilities”). The School District Facilities are described in Exhibit A to this Agreement, which Exhibit is incorporated herein by this reference.

D. The Authority has issued, and it is anticipated that the Authority will in the future issue, for and on behalf of the CFD, one or more series of bonds, or incur other form(s) of indebtedness (collectively, the “Bonds”), secured by special taxes to be levied on non-exempt property located within the boundaries of the CFD (“Special Taxes”). Pursuant to Section 53316.2 of the Act, the Authority may finance through the CFD the School District Facilities only pursuant to a joint community facilities agreement entered into by and between the Authority and the School District. Pursuant to Section 53316.2, subdivision (e)(3), the Authority is reasonably expected to have responsibility for providing facilities to be financed by a larger share of the proceeds of special taxes and bonds of the CFD than the School District.

E. The Authority and the School District have determined that it would be of benefit to the residents of each of their respective jurisdictions to enter into this Agreement to provide for the financing of the School District Facilities by the Authority through the CFD.

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AGREEMENT
In consideration of the mutual promises and covenants set forth herein, and for other valuable consideration, the sufficiency of which is hereby acknowledged, the Authority and the School District agree as follows:

1. Recitals. The foregoing recitals are true and correct and are hereby incorporated as effective and operative provisions of this Agreement.

2. Responsibilities. The Parties expressly agree as follows:
a. The Parties acknowledge and agree that the Authority shall be solely responsible for the costs of the formation of the CFD.
b. As provided by Section 53316.6 of the Act, the Authority shall be responsible for constructing or otherwise acquiring, maintaining and operating the Facilities of the Authority financed by the CFD, and the School District shall be responsible for constructing or otherwise acquiring, maintaining and operating the School District Facilities.
c. This Agreement shall not supersede, amend or impair that certain School Facilities Funding and Mitigation Agreement entered into by and between the School District and Northeast Territories Patterson, LP, dated as of November 28, 2006 (“Funding Agreement”), as may be amended by the parties therein. d. This Agreement shall, upon approval, execution and delivery by the Parties, constitute a “joint community facilities agreement”, within the meaning of Section 53316.2 of the Act pursuant to which the CFD will be authorized to finance the acquisition and construction of the School District Facilities. e. The Parties expressly agree that for purposes of this Agreement the School District may presume that the proceedings for the formation of the CFD, actions for approval of the levy and collection of the Special Taxes and authorization for the CFD to incur bonded indebtedness were validly undertaken and completed. f. For all purposes under this Agreement, compliance with the provisions of Section 53316.2 of the Act is the sole responsibility and liability of the Authority.

3. Bond Proceeds. The governing board of the Authority, acting as the legislative body of the CFD, may, in its sole discretion, authorize the issuance of Bonds, which is expected to occur in multiple series. In no event shall the School District have any right to compel the Authority to issue Bonds to finance School District Facilities or to disburse Bond proceeds to pay the costs of the design, acquisition, construction and/or installation of the School District Facilities. School District shall have no obligation, responsibility, or authority with respect to the issuance and sale of the Bonds, the Bond proceeds available to finance School District Facilities, the payment of the principal and interest on the Bonds, or for the levy of the Special

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Taxes to provide for the payment of principal and interest thereon. The Authority shall have the sole authority and responsibility for all such matters.

If and to the extent the Bonds are issued, and in accordance with this Agreement, the Authority will determine the amount of the Bond proceeds allocable to contribute toward the cost of the School District Facilities from each series (the "School District Bond Proceeds"), and shall cause the deposit of such School District Bond Proceeds into a separate account established by the bond fiscal agent agreement, or other similar agreement, related to the Bonds (the “School District Bond Proceeds Account”). The Authority shall be responsible for investment and disbursement of the moneys in the School District Bond Proceeds Account. The Authority makes no representation that the School District Bond Proceeds will be sufficient to finance the construction of the School District Facilities and the Authority shall have no liability to the School District if such School District Bond Proceeds are insufficient for such purpose.

In accordance with the terms of this Agreement, upon receipt of a disbursement request from the School District, the Authority will direct that monies in the School District Bond Proceeds Account be disbursed to or on behalf of and at the direction of the School District. Each such disbursement request shall state (i) the name and address of the person to whom payment is to be made, (ii) the amount to be paid, (iii) that an obligation in such amount has been incurred by the School District, (iv) the purpose for which the obligation to be paid was incurred, (v) that each item of the obligation to be paid constitutes a cost of the School District Facilities, (vi) that the obligation to be paid has not been the subject of a prior School District request for disbursement from the School District Bond Proceeds Account, (vii) that each portion of the School District Facilities for which payment is requested was constructed under the direction and supervision, or under the authority of, the School District or was constructed as if it had been constructed under the direction and supervision, or under the authority of, the School District, and (viii) the disbursement of the School District Bond Proceeds will comply with Section 4 of this Agreement.

The Authority shall process in a timely manner written requests for disbursements received from the School District that conform to the requirements of this Agreement.

The Parties hereto specifically agree that the liabilities of the Authority, including liabilities, if any, of the Authority pursuant to the documents providing for the issuance of Bonds shall not be or become liabilities of School District.

4. Payment Schedule. The Authority acknowledges that it is obligated to remit Twelve Million Dollars ($12,000,000) to the School District in the form of Bond proceeds that the Authority receives from the CFD (“CFD Payment”). The Authority and the School District agree that the Authority shall remit the CFD Payment to the School District as follows:
a. First Bond Issuance: The School District shall receive One Million Dollars ($1,000,000) of the first Bond series issued from CFD 2018-1. The Authority acknowledges and represents that this One Million Dollars ($1,000,000) is in its possession and available to expend for such purpose. The Authority shall remit this One

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Million Dollars ($1,000,000) to the School District within sixty (60) days of the Effective Date (as defined below).
b. Second Bond Issuance: The School District shall receive Five Million Dollars ($5,000,000) of the second Bond series issued from the CFD. The Authority shall remit Five Million Dollars ($5,000,000) to the School District within sixty (60) days of receiving the second series of Bond proceeds.
c. Fourth Bond Issuance: The School District shall receive Six Million Dollars ($6,000,000) of the fourth Bond series issued from the CFD. The Authority shall remit Six Million Dollars ($6,000,000) to the School District within sixty (60) days of receiving the fourth series of Bond proceeds. In the event the fourth Bond series does not generate sufficient proceeds to remit Six Million Dollars ($6,000,000) to the School District, then the Authority shall remit any remainder owed to the School District as described in subdivision (d) below.
d. Fifth Bond Issuance: This subdivision (d) shall only apply in the event the School District has not received the full CFD Payment after the fourth Bond series issued through the CFD. Where the Authority determines, in its sole discretion, that it cannot remit the full Six Million Dollars ($6,000,000) owed to the School District at the time of the fourth Bond series, then the Authority shall remit any amount of the CFD Payment that remains unpaid to the School District from the fifth bond series (“Remainder”). The Authority shall remit the Remainder to the School District within sixty (60) days of receiving the fifth series of Bond proceeds.

5. Modifications to Payment Schedule. The School District acknowledges that circumstances may arise where certain eligible Authority or City (as defined below) Facilities may require Bond proceeds to be allocated prior to providing Bond proceeds for the School District Facilities (as set out in Section 4 above). The Authority shall have the sole discretion to determine if it cannot adhere to the payment schedule described in Section 4. In such event, the Authority shall immediately notify the School District in writing, and the Authority and the School District shall meet and confer to modify the payment schedule described in Section 4. In no event, however, shall the School District receive less than Six Million Dollars ($6,000,000) through the second bond series in accordance with Sections 4(a) and 4(b) above. In no event, however, shall the School District receive less than a total of Twelve Million Dollars ($12,000,000) through the fifth bond series.

6. Sizing of Bond Series. Nothing in this Agreement is intended to limit the Authority’s discretion under the Act to authorize and issue Bonds on behalf of the CFD. The Authority cannot assure that it will be able to issue or sell the Bonds. The authorized officers of the CFD, however, shall size each subsequent Bond series in an amount sufficient to comply with the payment schedule described in Section 4.

7. No General Obligation of City or Authority. The obligations arising from this Agreement are not a debt of the City of Patterson (the “City”) or the Authority nor a pledge, charge, lien or encumbrance upon any of their respective properties or upon any of their respective incomes, receipts, or revenues, except the revenues of the CFD arising from Bond

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sales and/or receipt of Special Taxes. Neither the City’s General Fund nor any other fund of the City or the Authority shall be liable for the payment of any obligations arising from this Agreement. The credit or taxing power of the City is not pledged for the payment of any obligation arising from this Agreement.

8. Construction of School District Facilities. The School District covenants to provide for the design, installation, construction and/or completion of the School District Facilities pursuant to plans and specifications approved by the School District. The School District covenants that it will undertake the School District Facilities projects in compliance with applicable provisions of California and federal law, including but not limited to the Act. The School District shall apply proceeds of the Bonds to the payment of costs of construction of any portion of the School District Facilities only if such portion of the School District Facilities is constructed under the direction and supervision, or under the authority of, the School District or is constructed as if it had been constructed under the direction and supervision, or under the authority of, the School District. The Authority shall have no responsibility for design, construction, installation, or completion of the School District Facilities. Nothing in this Agreement is intended to limit City’s authority to review and approve development of the School District Facilities, consistent with California law and the Patterson Municipal Code.

9. Ongoing Ownership, Operation and Maintenance. The Authority and the School District agree that the School District shall be solely responsible for the ownership, maintenance and operation of the School District Facilities.

10. Federal Tax Matters. The School District hereby makes the following covenants regarding its proposed use of the School District Bond Proceeds and the School District Facilities:
a. Expenditure of School District Bond Proceeds. To assist the Authority in complying with federal tax law matters in connection with the issuance of any Bonds, the School District agrees that, at or before the issuance of a Series of Bonds that will finance School District Facilities, the School District will execute and deliver such certifications and covenants as may be reasonably required for the Authority’s bond counsel to conclude that interest on such Bonds will be excluded from gross income for federal income tax purposes.
b. Private Business Tests; Private Loan Financing Test. The School District shall assure that the School District Bond Proceeds are not used in a manner so as to cause the Bonds to satisfy the private business tests of section 141(b) of the Internal Revenue Code of 1986, as amended (the “Code”), or the private loan financing test of section 141(c) of the Code.
c. Ongoing Reporting. To enable the Authority to comply with the Authority’s arbitrage calculation, reporting and payment obligations with respect to the Bonds, the School District agrees to allow the Authority to inspect the records relating to the investment and expenditure of the School District Bond Proceeds during normal School District business hours upon reasonable notice.

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11. Indemnification.
a. Indemnification by the Authority. The Authority shall assume the defense of, indemnify and save harmless, the School District, its officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the Authority with respect to this Agreement; provided, however, that the Authority shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees in which event the Parties shall be responsible and liable on a comparative basis.
b. Indemnification by the School District. The School District shall assume the defense of, indemnify and save harmless, the Authority, its officers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, any act or omission of the School District with respect to this Agreement, the design, engineering, construction, operation and maintenance of the School District Facilities; provided, however, that the School District shall not be required to indemnify any person or entity as to damages resulting from negligence or willful misconduct of such person or entity or their officers, agents or employees in which event the Parties shall be responsible and liable on a comparative basis. c. Comparative Liability. Notwithstanding anything to the contrary, in the event a court of competent jurisdiction, or an arbitrator if the Parties have agreed to arbitration, determines that more than one of the Parties are, to some extent, responsible for the existence of any Liability, those Parties shall request that the court or arbitrator determine their comparative liability with respect to that Liability. Thereafter, those Parties shall be responsible for any damages payable on account of such Liability consistent with such comparative liability determination, and a Party shall be entitled to reimbursement, for damages that it has paid in excess of its share of damages based on such comparative liability determination, from the other responsible Party or Parties. d. Statutory Liability. Notwithstanding anything to the contrary, in the event a final judgment issued by a court of competent jurisdiction, or an arbitrator if the Parties have agreed to arbitration, determines that this Agreement is an agreement within the scope of Government Code section 895 and, in connection therewith, imposes liability on either the Authority or the School District solely by virtue of Government Code section 895.2, then the Authority or School District, as applicable, shall be entitled to contribution as provided by Government Code section 895.6. In the event Government Code sections 895, 895.2 and/or 895.6 are amended or repealed, the requirements of this Subsection shall apply with respect to any similar, successor or superseding law that imposes liability on either the Authority or the School District consistent with provisions of Government Code sections 895.2 and 895.6 in effect as of the Effective Date.

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12. Administration of the CFD. The Authority shall have the power, duty and responsibility to provide for the administration of the CFD (including costs thereof), subject to the terms hereof, including employing and compensating all consultants and providing for the various other obligations set forth in this Agreement. It is understood and agreed by Parties that School District was not, and will not be considered to be, a participant in the proceedings relative to formation of the CFD or the issuance of the Bonds, other than as a Party to this Agreement.

For avoidance of doubt, all proceeds of the Special Taxes levied by the CFD shall, as and when collected, be allocated and distributed for use by the Authority and/or the CFD, not any other Party or any third party.

13. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

14. Effective Date. This Agreement shall become effective and of full force and effect as of the date (“Effective Date”) it is approved and executed by the last of the School District and the Authority, to be confirmed upon execution of this Agreement by the authorized representatives of the Parties.

15. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement may not be assigned by either of the parties thereto.

16. Notices.

Any notice, payment, or instrument required or permitted by this Agreement to be given or delivered to any Party shall be deemed to have been received only upon actual receipt by that Party. Such notices, payments, or instruments may be delivered by: (i) personal delivery, delivery charges prepaid and signature on delivery receipt requested; (ii) registered or certified U.S. Mail, postage prepaid and return receipt requested; or (iii) FedEx, UPS, or other reliable private delivery service, delivery charges prepaid and signature on electronic or other delivery receipt requested. A copy of each notice and other instrument sent to the Authority shall be sent to the Authority’s legal counsel, and a copy of each notice and other instrument sent to the School District shall be sent to the School District’s legal counsel. No Party may unreasonably refuse to accept delivery of any communications sent in accordance with this Section in an attempt to avoid the giving or service of the communication, and any such refusal by a Party shall be deemed and construed as a material breach of such Party’s obligations pursuant to this Agreement. For avoidance of doubt, this Section shall not be deemed or construed to apply to service of process in accordance with any applicable law or rule of court. Subject to the foregoing, written communications shall, as applicable, be addressed as follows:

Authority: City of Patterson
1 Plaza
Patterson, California 95363

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Attn: City Manager
Email: [email protected]
Authority Legal Counsel: White Brenner LLP
1414 K Street, Third Floor
Sacramento, California 95814
Attn: Nubia Goldstein, Esq.

Email: [email protected]
School District: Patterson Joint Unified School District Attention: ______________________
510 Keystone Boulevard
Patterson, CA 95363
School District Legal Counsel: Atkinson, Andelson, Loya, Ruud & Romo Attention: _______________________
20 Pacifica, Suite 1100
Irvine, CA 92618
Each Party can change its address for delivery of notice by delivering written notice of such change of address to the other Parties. A Party that incurs a change of address shall endeavor to provide such notice within ten (10) calendar days prior to the change taking effect.

17. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party‘s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

18. No Third-Party Beneficiaries. This Agreement is intended for the benefit of the Parties hereto, and is not for the benefit of, nor may any provision hereof be enforced by, any other third party.

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

20. Captions. The captions to Sections used herein are for convenience purposes only and, therefore, shall not be deemed or construed to qualify, circumscribe, or otherwise limit the respective meanings of the provisions set forth in this Agreement.

21. Interpretation. This Agreement shall be deemed to have been prepared by the Parties jointly, and no ambiguity shall be resolved against a Party solely because it or its attorney(s) were primarily responsible for drafting this Agreement or any particular provision herein.

22. Governing Law. Notwithstanding any conflict-of-law, choice-of-law, or other provision of any federal or state law, this Agreement shall be governed by, and construed in

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accordance with, the laws of the State applicable to contracts made and performed in said State.

Each and every claim, demand, action, arbitration (if the affected Parties agree to arbitrate), and other proceeding arising from this Agreement shall be initiated and conducted solely in the County of Stanislaus, California; provided that a court of competent jurisdiction in its discretion may determine that it is necessary, in order to ensure fundamental fairness, that venue be located outside the boundaries of the Authority.

23. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters provided for herein and supersedes all prior and contemporaneous agreements, negotiations, and discussions (whether written or oral) among any of the Parties relating to the subject matter of this Agreement.

24. Cooperation and Execution of Documents. Each Party agrees to complete and execute any further or additional documents that reasonably are necessary to complete the terms of, or secure the express benefits to another Party of, this Agreement.

25. Amendments. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto.

26. No Termination Due to Changes in Law. The provisions of this Agreement shall not be affected by: (i) any change to applicable law that occurs on or after the Effective Date; (ii) any legislation enacted, whether through the legislative or initiative process, on or after the Effective Date; or (iii) any judicial decisions issued on or after the Effective Date that otherwise would affect the matters addressed in this Agreement, except for decisions specifically pertaining to this Agreement.

27. Signatories. Each person who has signed this Agreement on behalf of a Party thereby represents and warrants that he, she, or they has been appropriately authorized that Party to sign, and thereby bind such Party to, this Agreement.

28. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
[SIGNATURES ON FOLLOWING PAGE]

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Packet Pg. 105 Attachment: City of Patterson and PJUSD JCFA Draft Agreement (CW114670-7xDCB25) (WPFA Resolution No. 2022-01Joint Community {CW114670.7} - Joint Community Facilities Agreement – Signature Page - IN WITNESS WHEREOF the foregoing Agreement is executed on the date and year first above-written.

PATTERSON JOINT UNIFIED SCHOOL DISTRICT
By: ___________________________
Print: __________________________
Title: __________________________
Date: _________________________

WEST PATTERSON FINANCING

AUTHORITY
By: ___________________________
Print: __________________________
Title: __________________________
Date: _________________________

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EXHIBIT A

SCHOOL DISTRICT FACILITIES
School District Facilities
“School District Facilities” means any school and/or administrative facilities with a useful life of five years or longer needed by the School District, including, without limitation:
(i) real property sites; (ii) on-site and off-site improvements, including, among others, any curbs, gutters and sidewalks, storm drains and other drainage facilities, access roadways and street improvements, utility lines and facilities; playground areas and equipment, and landscaping; (iii) classrooms, restrooms, and food-service facilities; (iv) on-site office and other administrative spaces; (v) central (off-site) support and administrative facilities, including, among other things, maintenance and transportation facilities and teacher housing; (vi) interim student housing; and (vii) furniture and equipment (including, among other things and to the extent permitted by law, vehicles and technology equipment and infrastructure). The term “School District Facilities” also includes the costs attributable to (i) planning, engineering, designing, coordinating, leasing, financing, acquiring, expanding, relocating, rehabilitating, and/or constructing School Facilities (or any combination thereof), including, without limitation, services such as design, construction management, inspection, materials testing, and construction staking; and (ii) all other expenses incidental to acquiring, constructing, or otherwise making School District Facilities available for School District purposes. To the extent authorized pursuant to the Act and other applicable law, “School Facilities” also includes costs associated with the maintenance and operation of School District Facilities. For avoidance of doubt, all School Facilities, regardless of source(s) of funding, shall be the sole and separate property of the School District.

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Packet Pg. 107 Attachment: City of Patterson and PJUSD JCFA Draft Agreement (CW114670-7xDCB25) (WPFA Resolution No. 2022-01Joint Community 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: July 19, 2022
ITEM NO: 9.A.1
SUBJECT: Motion to Appoint/Reappoint two (2) Members to the Economic Strategic Commission for the Term of April 2022-2024

RECOMMENDATION
Motion to Appoint/Reappoint two (2) Members to the Economic Strategic Commission for the Term of April 2022-2024
(2) Seats for the terms of April 2022 through April 2024 Applicants:

1. George Galloway Mac Master

2. Manjinder Singh

FISCAL IMPACT
There is no fiscal impact.

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