City of Patterson Page 1 Updated 9/29/2022 4:33 PM
Agenda
City of Patterson
City Council Regular Meeting
West Patterson Financing Authority Meeting
October 4, 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. 2022-67, and the Federal Americans with Disabilities Act. If you would like to attend the Council meeting in person, it is strongly recommended to wear a face covering and maintain appropriate social distancing.
MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING IN PERSON OR VIA TELECONFERENCE BY CALLING 1-669-900-9128, MEETING ID: 693 538 4239, PASSWORD: 20995363 AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT. JOIN FROM A PC, MAC, IPAD, IPHONE, OR ANDROID DEVICE BY USING THIS URL:
https://us02web.zoom.us/j/6935384239?pwd=ZmZwMFdYajRsTjlKTnNTamZCWXFXdz09
THE MEETING WILL BE TELEVISED OR AVAILABLE FOR PUBLIC VIEWING ON COMCAST CABLE CHANNEL 7 ON THE FOLLOWING DAYS: WEDNESDAY AT 3:00 P.M., FRIDAY AT 8:00 P.M. AND SATURDAY AT 12:00 P.M. OR WATCH ON INTERNET VIMEO LINK: https://vimeo.com/channels/patterson/
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (209) 895-8012. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA Title II] The City Council agenda and supporting public documents are available for viewing in City Hall, Administration Department, 1 Plaza, 2nd Floor, Patterson, California, during normal business hours. The City Council agenda and supporting public documents are also available online on the City web site www.ci.patterson.ca.us listed under Popular Links “City Council Agendas” or please call or email the City Clerk at (209) 895-8012 or City of Patterson Page 2 Updated 9/29/2022 4:33 PM
[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 - September 20, 2022 (6:00 PM)
5.3. Approve Minutes of Special Meeting/Closed Session - September 20, 2022 (6:45 PM)
5.4. Approve Minutes of Regular Meeting - September 20, 2022 (7:00 PM)
5.5. Accept all bids for the City of Patterson Citywide Water Metering System Replacement Project, award construction to Flowline Contractors, Inc., authorize Staff to execute the Contract and approve all other documents.
5.6. Adopt Resolution No. 2022-69, approving a Memorandum of Understanding between the Stanislaus Council of Governments (StanCOG) and the City of Patterson for Suballocation of Regional Early Action Planning (REAP) funds.
City of Patterson Page 3 Updated 9/29/2022 4:33 PM
5.7. Approve Resolution No. 2022-72 Approving the Landscape and Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement with Patterson Center LLC for the Grocery Outlet Bargain Market and Dutch Bros Projects; Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City Clerk to Record the Agreement.
5.8. Approve Resolution No. 2022-73 Approving the Landscape and Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement with NLA Patterson LLC for the Chipotle Restaurant Project; Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City Clerk to Record the Agreement.
5.9. Approve Resolution No. 2022-74 approving the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2021-2022.
5.10. Approval of a formal response to the findings and recommendations of the Stanislaus Civil Grand Jury Report titled “Homelessness: The Elusive Definition of ‘Success’” (Case #22-05GJ)
6. Presentation
6.1. Proclamation - Cyber Security Month (Mayor McCord)
7. Public Hearing
7.1. Engineering, Building, and Capital Projects - Introduction of Ordinance No. 865 amending Title 15-Building and Construction of the Patterson Municipal Code, and adopting by reference, The California Code of Regulations Title 24, 2022 edition of the California Buildings Standards Code with amendments.
Staff Report: Engineering Director Ulloa
Mayor: Open/Close the Public Hearing
Council: Motion to Approve First Reading and Introduction of Ordinance No. 865, reading by title only, waiving
further reading
8. City Staff Reports
Adjourn to the West Patterson Financing Authority
a. Call to Order
b. Roll Call
8.1. Public Works Department - Approve Resolution No. 2022-70 a Resolution of Intention to Establish Community Facilities District, and approve Resolution No. 2022-71, a Resolution of Intention to Incur Bonded Indebtedness for a Community Facilities District (the “Resolutions of Intention”).
City of Patterson Page 4 Updated 9/29/2022 4:33 PM
Staff Report: Public Works Director Willett
WPFA Board: Motion to Approve Resolution No. 2022-70
WPFA Board: Motion to Approve Resolution No. 2022-71
c. Adjourn
8.2. Planning Department - Approve Second Reading and Adoption of Ordinance No. 862, reading by title only, waiving further reading, An Ordinance of the City Council of the City of Patterson, Approving to prezone the properties located within the Zacharias and Baldwin Ranch Master Plan.
Staff Report: Community Development Director Stice
Council: Motion to Approve Second Reading of Ordinance
No.862, reading by title only waiving further reading.
Council: Motion to Adopt Ordinance No. 862,
reading by title only, waiving further reading.
8.3. Planning Department - Approve Second Reading and Adoption of Ordinance No. 864 reading by title only, waiving further readings, An Ordinance of the City Council of the City of Patterson, Approving a rezone to the West Patterson Light Industrial District.
Staff Report: Community Development Director Stice
Council: Motion to Approve Second Reading of Ordinance
No. 864, reading by title only waiving further reading.
Council: Motion to Adopt Ordinance No. 864,
reading by title only, waiving further reading.
9. City Council Reports
A. Councilmember Alves
. Westside Health Care Task Force (Councilmember Parham alternate) B. Councilmember Parham
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) City of Patterson Page 5 Updated 9/29/2022 4:33 PM
C. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
E. Mayor McCord
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)
10. Other Matters
11. Adjournment
DECLARATION OF POSTING
I, Aracely Alegre, City Clerk of the City of Patterson, California do hereby declare that the foregoing notice was posted on the Bulletin Board at City Hall, 1 Plaza, Patterson, California on Sep. 29, 2022.
The Agenda is also posted for public view on the Bulletin Boards of the Hammon Senior Center, 1033 W. Las Palmas, Patterson, the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.ci.patterson.ca.us Aracely Alegre, City Clerk
City of Patterson
Direct No. (209) 895-8012
Email [email protected]
City of Patterson Page 1 Updated 9/21/2022 4:32 PM
City Of Patterson
Special Meeting/Closed Session Minutes
September 20, 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 6:06 PM
Dominic Farinha District C Present
Cynthia Homen District D Present
The special (Closed Session) meeting of the City Council of the City of Patterson was called to order in the City of Patterson, City Council Chambers, 1 Plaza, Patterson at 6:00 p.m. by Mayor McCord.
City Staff Present:
1. City Attorney Goldstein
2. Human Resources Guillory-Jones
3. Human Resources Consultant Clark (via teleconference)
4. City Manager Irwin (via teleconference)
The City Council will adjourn to Closed Session to address the following:
a. 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 Sep 20, 2022 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 9/21/2022 4:32 PM
2. Statements of Conflict
None.
3. Items from the Public
There being no items from the public, the Patterson City Council adjourned to Closed Session.
4. Adjourn to Closed Session
At 6:01 p.m. the Patterson City Council adjourned to Closed Session.
5. Report from Closed Session (if any)
At this time, Mayor McCord reported that the City Council provided direction to staff.
There were no other items to report out from Closed Session.
6. Adjournment
There being no further business, the special (closed session) meeting of the City Council of the City of Patterson of September 20, 2022 was adjourned at 6:42 p.m.
Approved by the Patterson City Council on October 4, 2022.
5.2 Packet Pg. 7
Minutes Acceptance: Minutes of Sep 20, 2022 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 9/21/2022 4:48 PM
City Of Patterson
Special Meeting/Closed Session Minutes
September 20, 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) meeting of the City Council of the City of Patterson was called to order in the City of Patterson, City Council Chambers, 1 Plaza, Patterson at 6:45 p.m. by Mayor McCord.
City Staff Present:
1. City Attorney Goldstein
2. Human Resources Director Guillory-Jones
3. City Manager Irwin (via teleconference)
The City Council will adjourn to Closed Session to address the following:
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Pursuant to California Government Code Section 54957.
2. Statements of Conflict
None.
3. Items from the Public
There being no items from the public, the Patterson City Council adjourned to Closed Session.
4. Adjourn to Closed Session
5.3 Packet Pg. 8
Minutes Acceptance: Minutes of Sep 20, 2022 6:45 PM (Consent Calendar) City of Patterson Page 2 Updated 9/21/2022 4:48 PM
At 6:46 p.m. the Patterson City Council adjourned to Closed Session.
5. Report from Closed Session (if any)
At this time, Mayor McCord announced there was no reportable action.
6. Adjournment
There being no further business, the special (closed session) meeting of the City Council of the City of Patterson of September 20, 2022 was adjourned at 7:01p.m.
Approved by the Patterson City Council on October 4, 2022.
5.3 Packet Pg. 9
Minutes Acceptance: Minutes of Sep 20, 2022 6:45 PM (Consent Calendar) City of Patterson Page 1 Updated 9/27/2022 2:28 PM
City Of Patterson
Regular Meeting Minutes
September 20, 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 meeting of the City Council of the City of Patterson of September 20, 2022 was called to order in the City of Patterson at 7:00 p.m. by Mayor McCord.
City Staff Present:
1. City Manager Irwin (Remotely)
2. City Attorney Goldstein
3. Human Resources Director Guillory-Jones
4. Human Resources Analyst Callum
5. City Engineer Ulloa
6. Fire Chief Gregory
7. Public Works Director Willett
8. City Planner Andrews
9. IT Manager Ford
10. Community Development Director Stice
11. Recreation Administrative Services Manager Hernandez
12. Sargent Barringer
13. Public Works Analyst Encinas
14. City Clerk Alegre
2. Pledge of Allegiance
5.4 Packet Pg. 10
Minutes Acceptance: Minutes of Sep 20, 2022 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 9/27/2022 2:28 PM
3. Statements of Conflict
None.
4. Items from the Public
Alex Ferreira, Field Representative Nor Cal Carpenters Union - addressed City Council regarding the need for more work in our area with better wages and benefits. Would like to see more apprenticeship programs. Looking for partnership with City Council to establish more work in Stanislaus County.
Claire Weyhrauch, Patterson Resident - addressed City Council regarding Youth Action Commission (YAC) program event happening in October for grades 6th through 12th. More information can be found on the City's Recreation page.
Octavio Morales, Patterson Resident - addressed City Council regarding commuting to the bay area for work and the need for more union jobs in our area.
Kandace Weyhrauch, Patterson Resident - addressed City Council regarding water concerns and email addressed to City Council. She stated she received no response except for Councilmember Alves.
City Manager Irwin addressed Ms. Weyhrauch's concerns. Upcoming water workshop to be held on October 3rd or October 17th.
Pat Maisetti, Patterson Resident - addressed City Council to provide Hammon Senior Center updates, she addressed the following: October 5th there will be a trip to Chicken Ranch Casino, 437 new members at the Hammon Senior Center, thermostat for senior center to scan for temperature and the need for more housing for seniors. She would like the city to consider the property across from pool.
Mayor McCord addressed Ms. Maisetti's concerns regarding property and housing.
Russell Fowler, Office of Supervisor Chance Condit - addressed the following: Supervisor Condit's meeting with Cubs Scouts, Palm tree clean-up coming up they will be trimmed in December.
5. Consent Calendar
Mayor McCord requested to moved Item 5.14 to the end of the Consent Calendar for discussion.
Mayor Pro Tem Farinha moved to approve Consent Calendar Items 5.1 through 5.15 excluding 5.14. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.
Item 5.14 Opened for Discussion.
Human Resources Director Guillory-Jones reviewed her report.
At 7:23 p.m. Mayor McCord opened the item to public comment.
Kandace Weyhrauch, Patterson Resident - addressed City Council in opposition of the approval of the agreement, stating residency requirement section in the agreement.
City Attorney Goldstein addressed Ms. Weyhrauch's concerns regarding City Manager's residence requirements, code needs to be updated, constitutional issue and not enforceable.
Councilmember Alves inquired about the percentage of City Managers that reside in the town they work in.
At 7:31 p.m. there being no further comments, Mayor McCord closed the item to public comments.
Mayor Pro Tem Farinha moved to approve item 5.14. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.
5.4 Packet Pg. 11
Minutes Acceptance: Minutes of Sep 20, 2022 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 9/27/2022 2:28 PM
RESULT: ADOPTED
MOVER: Farinha
SECONDER: Homen
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 Special Meeting/Closed Session - August 16, 2022 (6:00 PM)
5.3. Approve Minutes of Regular Meeting - August 16, 2022 (7:00 PM)
5.4. Approve City Commission Reports for the Month of August 2022 (Parks Recreation & Beautification Commission)
5.5. Approve City Department Reports for the Months of July thru August 2022 (Planning Department, Public Works and Recreation & Community Services)
5.6. Adopt Resolution No. 2022-67, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.
5.7. Approve Street Closure Request for Patterson High School Homecoming Parade Friday, October 7, 2022.
5.8. Approve Street Closure for Santa Claus is Coming to Town Event and Parade on Saturday, December 2, 2022.
5.9. Approve Resolution No. 2022-63 Accepting the Public Improvements for Villages of Patterson, Clayton Shire Phase 1 as Complete; Authorizing the City Clerk to File the Notice of Completion; and Begin the One-Year Warranty.
5.10. Approve Request for the Road Closure of Baldwin Road from Sperry Avenue to Azalea Drive from September 26, 2022 to November 4, 2022 to complete Offsite Utility and Road Construction activities required for the Baldwin Ranch Subdivision.
5.11. Approve Resolution No. 2022-65, Accepting as complete the Kinshire Water Replacement and Street FDR Phase-1A Project, and Authorizing Staff to File the Notice of Completion and Commence the One-Year Warranty Period.
5.12. Approve Resolution No. 2022-66, Approving the State Department of Transportation (Caltrans) Program Supplemental Agreement No. F037 for the Sperry Avenue Pavement Overlay - Phase 2 Project STPL-5244 (041), from American Eagle Avenue to Ward Avenue, and Authorize the City Manager to Execute the Agreement and all Future Documents for this Project on the City’s Behalf.
5.4 Packet Pg. 12
Minutes Acceptance: Minutes of Sep 20, 2022 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 9/27/2022 2:28 PM
5.13. Approve the Recommended Use of the Supplemental Law Enforcement Services Account (SLESA) for Fiscal Year 2022-23.
5.14. Approve the Seventh Amendment to the employment contract between City Manager Ken Irwin and the City of Patterson.
5.15. Approval of the Patterson Management Mid-Management Employee Association (PMMEA) and the American Federation of State, County, and Municipal Employees (AFSCME) New Classifications and Corresponding Job Descriptions, and Revisions to Existing Job Descriptions
6. Presentation/Action Item
6.1. Public Works Department - Motion to Approve Street Name Change from Baldwin Road to Jeremiah Way in Memory of Jeremiah
Paul Schali.
Public Works Director Willett reviewed his report.
At 7:35 p.m. Mayor McCord opened the item to public comments.
Larry Bueher, Patterson Resident - addressed City Council in support of name change.
Patt Maisetti, Patterson Resident - addressed City Council inquiring if the name change will be for the entire road or just a section of Baldwin? Mayor McCord addressed Ms. Maisetti's question.
Claire Weyhrauch, Patterson Resident - addressed City Council in approval of name change.
Kandace Weyhrauch, Patterson Resident - addressed City Council in approval of name change.
At 7:41 p.m. there being no further comments, Mayor McCord closed the item to public comment.
Mayor Pro Tem Farinha moved to approve item 6.1. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.
RESULT: APPROVED
MOVER: Farinha
SECONDER: Homen
AYES: McCord, Alves, Parham, Farinha, Homen
7. Public Hearing
5.4 Packet Pg. 13
Minutes Acceptance: Minutes of Sep 20, 2022 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 9/27/2022 2:28 PM
7.1. Planning Department - Approve Resolution No. 2022-64 approving a General Plan Amendment, which would redesignate the northwest portion of APN 021- 025-028, a 101.96 acre lot located west of Rogers Road, between the Delta Mendota Canal and the California Aqueduct, to a Light Industrial General Plan designation and motion to approve the first reading and introduction of Ordinance No. 864 approving a rezone to the West Patterson Light Industrial District. The site is currently zoned for General Commercial land uses.
Community Development Director Stice and City Planner Andrews reviewed their report.
City Council addressed the following:
- Inclusion of public road section that is not part of the red area on map - Need for commercial locations, putt-putt golf business follow-up requested. - Family fun centers
- Outlets visible for I-5, minimizes opportunities in the future - Light manufacturing to bring in jobs
City Planner addressed council's concerns.
At 7:54 p.m. Mayor McCord opened the item to public comments.
Joe Hollowell, Project Developer - addressed City Council and expressed his gratitude. Mr. Hollowell addressed the reason for rezoning the section. He also addressed the grey colored area on the map, not included in the rezoning, traffic management to provide for shopping enjoyment.
Amalia Bowley Fuentes, Law Firm Lozeau Drury, LLC Laborers International Union of North America - addressed City Council regarding the previous 2012 Environmental Impact Report (EIR), with rezoning an addendum is not allowed a supplemental Environmental Impact Report (EIR) is needed.
City Attorney Goldstein addressed Environmental Impact Report (EIR) concerns.
Grant Gruber, First Carbon Solutions Consultant - addressed Environmental Impact Report (EIR) concerns.
Larry Buehner, Patterson Resident - addressed putt-putt golf center and rezoning.
At 8:07 p.m. there being no further comments, Mayor McCord closed the item to public comments.
City Council addressed the following:
- Need to consider environmental impacts
- Air quality
City Attorney addressed air quality concerns
Councilmember Parham moved to approve item 7.1. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.
5.4 Packet Pg. 14
Minutes Acceptance: Minutes of Sep 20, 2022 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 9/27/2022 2:28 PM
Councilmember Homen moved to approve First Reading and Introduction of Ordinance No. 864, reading by title only, waving further reading. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.
RESULT: APPROVED
MOVER: Parham
SECONDER: Homen
AYES: McCord, Alves, Parham, Farinha, Homen
8. City Staff Reports
8.1. Finance - Approve Second Reading and Adoption of Ordinance No. 861, an Ordinance of City Council of the City of Patterson, Levying Special Tax within Community Facilities District No. 2022-01 (Public Safety Services).
At 8:10 p.m. Mayor McCord called for a five (5) minute recess.
At 8:17 p.m. Mayor McCord called the meeting back to order City Manager Irwin addressed his report.
At 8:19 p.m. Mayor McCord opened the item to public comment. There were no public comments.
Mayor Pro Tem Farinha moved to Approve Second Reading and Adoption of Ordinance No. 861, reading by title only, waiving further reading. The motion was seconded by Councilmember Homen and unanimously approved by a 5-0 roll call vote.
RESULT: APPROVED
MOVER: Farinha
SECONDER: Homen
AYES: McCord, Alves, Parham, Farinha, Homen
9. 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)
5.4 Packet Pg. 15
Minutes Acceptance: Minutes of Sep 20, 2022 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 9/27/2022 2:28 PM
. Stanislaus County Disaster Council (Mayor McCord alternate) C. Mayor Pro Tem Farinha
Nothing to report.
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
Nothing to report.
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
E. Mayor McCord
Mayor McCord discussed the following:
-Exchange opening of Highway 132
-Highway 99 ramp improvements
-Interstate 5 (I-5) improvements
. 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
City Council addressed the following:
- Grand opening Zen Shui Spa
- Farm to Fork event, expressed gratitude to Claire Weyhrauch for her volunteer work at the event - Upcoming water workshop
- Neighborhood watch and stars event coming up
- Link for agendas to access each individual items listed - Appointment procedure for Membership committees
11. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of September 20, 2022, was adjourned at 8:25 p.m.
Approved by the Patterson City Council on October 4, 2022.
5.4 Packet Pg. 16
Minutes Acceptance: Minutes of Sep 20, 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: Fernando Ulloa, City Engineer
MEETING DATE: October 4, 2022
ITEM NO: 5.5
SUBJECT: Accept all bids for the City of Patterson Citywide Water Metering System Replacement Project, award construction to Flowline Contractors, Inc., authorize Staff to execute the Contract and approve all other documents.
RECOMMENDATION
Motion to Accept all bids for the City of Patterson Citywide Water Metering System Replacement Project, award construction to Flowline Contractors, Inc., authorize Staff to execute the Contract and approve all other documents.
BACKGROUND
To comply with the provisions of the State’s Urban Water Management Plan Act, Climate Change and related provisions of the California Water Code, the City is pursuing Drinking Water State Revolving Fund (DWSRF) construction funding for its Metering System Replacement Project. This project is a step toward a more modernized water metering system that will assist the city and its residents to better manage the City’s groundwater resources. The upgrades will include exchanging the current water meters for new meters with Advanced Metering Infrastructure (AMI). AMI uses a low-powered communication device that is added to the new water meter to transmit hourly water usage information over a secure network approximately four times per day.
This project was approved by the City Council in December 2019 (Resolutions No. 2019-63 and 2019-64. City Council approved the Installment Sale Agreement between the City and the State Water Board (Resolution No. 2021-59).
ANALYSIS
5.5 Packet Pg. 17
DWSRF loans are the lowest financing means available and City has an Installment Sale Agreement executed for $4,000,000 for which repayment will begin one year after construction is complete and will occur over a 20-year period through revenues derived from the City’s water enterprise fund. Staff has placed the orders for water meters and its appurtenances and selected contractor will install them. The first batch of meters has already been delivered to the City’s corporation yard.
City of Patterson Citywide Water Metering System Replacement Project was advertised for construction on June 29, 2022. This project was advertised on CIP List, the City’s website, and the Patterson Irrigator Newspaper. Bid opening was held on August 2, 2022 at 2:00 pm. The City received two (2) bids for this project. The two bids received are listed below from lowest to highest:
Base Bid
Flowline Contractors, Inc. $1,486,332.00
DA Woods Construction Inc. $2,678,358.00
After reviewing the bid documents, Flowline Contractors, Inc., was deemed the lowest responsible bidder. Bid Item number 21, 22 and 23 were optional items and optional items 22 and 23 will be added to the award.
Base Bid Including Optional Bid Items 22 and 23
Flowline Contractors, Inc. $1,486,332.00 + $202,984.00 = $1,689,316.00
FISCAL IMPACT
This project has been budgeted in the Water CIP fund (611-790-7623) and will be funded through a Drinking Water State Revolving Fund (DWSRF) loan. Construction costs for this project is as follows:
$ 1,689,316.00 Construction Costs
$ 168,931.60 Contingency @ 10%
$ 1,858,247.60 Total Construction Costs
5.5 Packet Pg. 18
5.5.a
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Attachment: Water Meter Bid Proposal - Flowline Contractors, Inc. (Citywide Water Meter Project)
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Attachment: Water Meter Bid Proposal - Flowline Contractors, Inc. (Citywide Water Meter Project) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: October 4, 2022
ITEM NO: 5.6
SUBJECT: Adopt Resolution No. 2022-69, approving a Memorandum of Understanding between the Stanislaus Council of Governments (StanCOG) and the City of Patterson for Suballocation of Regional Early Action Planning (REAP) funds.
RECOMMENDATION
Motion to Adopt Resolution No. 2022-69, approving a Memorandum of Understanding between the Stanislaus Council of Governments (StanCOG) and the City of Patterson for Suballocation of Regional Early Action Planning (REAP) funds.
BACKGROUND
In 2021, the State approved the REAP program, a one-time grant funding program to help jurisdictions meet state housing goals, including accelerating infill housing and reduce per capita vehicle miles traveled. The City of Patterson’s portion of the allotted funding is $59,910.69, with an initial allotment of $16,807.80.
The City’s 6th Cycle Housing Element Update is due to the State by June 30, 2023. The Housing Element is a required element of the City’s General Plan, as required by State law. However, unlike other sections of the General Plan, the Housing Element must be updated every eight years and be reviewed and certified by the State Department of Housing and Community Development (HCD). The purpose of the Housing Element is to identify and analyze existing and projected housing needs and outline goals, policies, and programs for the preservation, improvement, and development of housing for households of all income levels.
ANALYSIS
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REAP funds may be used for planning activities to meet the regional housing needs assessment and to spur affordable housing production. Activities eligible for REAP funding include the following:
- RHNA and Housing Element planning activities
- Technical assistance for planning documents to expedite application processing for affordable housing
- Establishing housing trust funds for affordable housing - Performing infrastructure planning for new housing
The Housing Element provides a blueprint for how the City will achieve housing goals, including:
- Providing an analysis of existing and projected housing needs for all income levels as well as special needs housing.
- Establishing an inventory of land suitable for residential development - Analyzing potential and actual constraints on the maintenance, improvement, and development of housing.
The goals of REAP funding, as established by HCD the goals of the Housing Element are closely aligned. The City has received preliminary approval from StanCOG, and by extension, HCD, to use this grant funding toward production of this State mandated document. Execution of this Memorandum of Understanding enables the City of Patterson to become eligible for $59,910.69 of REAP grant funding.
FISCAL IMPACT
The cost to prepare the 2023 Housing Element is preliminarily estimated to be $200,000 of General Fund monies. The $59,910.69 of REAP funding would offset a portion of that amount.
Attachments
Resolution No. 2022-69
Memorandum of Understanding
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RESOLUTION 2022-69
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PATTERSON APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE STANISLAUS COUNCIL OF GOVERNMENTS (STANCOG) AND THE CITY OF PATTERSON FOR SUBALLOCATION OF
REGIONAL EARLY ACTION PLANNING (REAP) FUNDS
WHEREAS, the Stanislaus Council of Governments (StanCOG) is the Regional Transportation Planning Agency (RTPA) and Metropolitan Planning Organization (MPO) for the Stanislaus region, pursuant to State and Federal designation; and WHEREAS, pursuant to California Health and Safety Code section 50515.02, the State of California Department of Housing and Community Development (“HCD”) made available $125,000,000 in local government planning support grants to regional entities and working groups as outlined by the statute; and
WHEREAS, HCD released a Notice of Funding Availability (“NOFA”) for $118,750,000 for the Regional Early Action Planning Grant Program (REAP) to councils of governments and other regional entities with said funds to be released in three packages of funding; and
WHEREAS, pursuant to section 50515.02 of the Health and Safety Code, a San Joaquin Valley Multi Agency Working Group was formed in accordance with subdivision (c), consisting of the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Governments, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, and the Tulare County Association of Governments, representing the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare (the “SJV Working Group”); and
WHEREAS, HCD is authorized to provide up to $18,975,000 of REAP grant funds to the members of the SJV Working Group; and
WHEREAS, on August 14, 2020, HCD approved an allocation of $10,218,830.75 in grant funds (the “Initial Grant”) to the members of the SJV Working Group; and WHEREAS, a portion of the Initial Grant is available to the members of the SJV Working Group and the majority of the REAP Funds will be allocated to the local jurisdictions for compliance with Regional Housing Needs Allocation (“RHNA”) numbers that are developed to update the housing element of the local jurisdictions as well as other planning activities that would increase housing production; and
WHEREAS, the Initial Grant will be distributed in three separate funding packages and StanCOG is expected to receive approximately $415,000 and $1,065,000, as part of the first and
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Attachment: Resolution No. 2022-69 Regional Early Action Plan (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning third funding packages respectively, for a total of approximately $1,480,000 to be distributed to the local agencies; and
WHEREAS, on March 17, 2021, the StanCOG Policy Board approved by Resolution 20-27 the Regional Early Action Planning (REAP) Suballocation Methodology of funding by percent of population adjusted for a minimum funding floor of $35,000 dollars, effectively suballocating approximately $1,480,097.57 of the REAP grant funds (“Grant Funds”) to StanCOG’s local member agencies for funding their planning activities that will accelerate housing production and facilitate compliance in implementing the sixth cycle of RHNA; and WHEREAS, the City of Patterson is to be suballocated $16,807.80 through the REAP Grant Funds as part of the first and third funding packages.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson as follows:
1. The City Council of the City of Patterson hereby approves of the City Manager entering into a Memorandum of Understanding with StanCOG related to REAP funds.
PASSED AND ADOPTED by the Patterson City Council at a meeting thereof, held on the 4th day of October, 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. 2022-69 Regional Early Action Plan (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning 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 4 th day of October 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. 2022-69 Regional Early Action Plan (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning
MEMORANDUM OF UNDERSTANDING
between
STANISLAUS COUNCIL OF GOVERNMENTS (StanCOG),
and
CITY OF PATTERSON
FOR
SUBALLOCATION OF REGIONAL EARLY ACTION PLANNING (REAP) FUNDS This Memorandum of Understanding (“MOU”) is dated October 4, 2022, for reference purposes, by and between the Stanislaus Council of Governments, a joint powers authority established under California Government Code section 6500 et seq., (hereinafter “StanCOG”) and the City of Patterson (hereinafter“Sub-Recipient”) for suballocation of Regional EarlyAction Planning (REAP) grant funds. StanCOG and the Sub-Recipient are individually referred to herein as “Party” and may be collectively referred to herein as “Parties”.
RECITALS
A. WHEREAS, the Stanislaus Council of Governments (StanCOG) is the Regional Transportation Planning Agency (RTPA) and Metropolitan Planning Organization (MPO) for the Stanislaus region, pursuant to State and Federal designation; and B. WHEREAS, pursuant to California Health and Safety Code section 50515.02, the State of California Department of Housing and Community Development (“HCD”) made available $125,000,000 in local government planning support grants to regional entities and working groups as outlined by the statute; and
C. WHEREAS, HCD releaseda Notice of Funding Availability (“NOFA”) for $118,750,000 for the Regional Early Action Planning Grant Program (REAP) to councils of governments and other regional entities with said funds to be released in three packages of funding; and
D. WHEREAS, pursuant to section 50515.02 of the Health and Safety Code, a San Joaquin Valley Multi Agency Working Group was formed in accordance with subdivision (c), consisting of the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Governments, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, and the Tulare County Association of Governments,
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning representing the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare (the“SJV Working Group”); and
E. WHEREAS, HCD is authorized to provide up to $18,975,000 of REAP grant funds to the members of the SJV Working Group; and
F. WHEREAS, on August 14, 2020, HCD approved an allocation of $10,218,830.75 in grant funds (the “Initial Grant”) to the members of the SJV Working Group; and G. WHEREAS, a portion of the Initial Grant is available to the members of the SJV Working Group and the majority of the REAP Funds will be allocated to the local jurisdictions for compliance with Regional Housing Needs Allocation (“RHNA”) numbers that are developedto update the housing element of the local jurisdictions as well as other planning activities that would increase housing production; and
H. WHEREAS, the Initial Grant will be distributed in three separate funding packages and StanCOG is expected to receiveapproximately $415,000 and $1,065,000, as part of the first and third funding packages respectively, fora total of approximately $1,480,000 to be distributed to the local agencies; and
I. WHEREAS, on March 17, 2021, the StanCOG Policy Board approved by Resolution 20-27 the Regional Early Action Planning (REAP) Suballocation Methodology of funding by percent of population adjusted for a minimum funding floor of $35,000 dollars, effectively suballocating approximately $1,480,097.57 of the REAP grant funds (“Grant Funds”) to StanCOG’s local member agencies for funding their planning activities that will accelerate housing production and facilitate compliance in implementing the sixth cycle of RHNA; and
J. WHEREAS, the City of Patterson is to be suballocated $16,807.80 through the REAP Grant Funds as part of the first and third funding packages; and K. WHEREAS, HCD will release the third funding package to the SJV Working Group when it has been demonstrated to HCD’ssatisfaction, with proper invoicing and tracking results, that the local agencies have conducted activities to advance housing-related planning activities and have properly spent funds of the first funding package; and L. WHEREAS, the Parties will amend this MOU or enter into a subsequent MOU to address the third funding package released by HCD; and
M. WHEREAS, StanCOG and its participating local member agencies (sub- recipients) will only conduct activities that advance their housing element update in compliance with the sixth cycle of RHNA and any other housing-related planning activities that accelerate housing production and are eligible according to HCD’s requirements; and
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning N. WHEREAS, technical assistance will be provided by StanCOG, or other members of the SJV Working Group; and
O. WHEREAS, the Sub-Recipient’s selected project manager, in coordination with StanCOG’s selected project manager, will ensure the Scope of Work is performed by the Sub- Recipient; and
P. WHEREAS, the conditions described in this MOU will begin on the Effective Date and shall be completed by June 30, 2023.
NOW THEREFORE, in consideration of the mutual promises, covenants, terms and condition hereinafter contained, the Parties hereto agree as follows:
AGREEMENT
1. Recitals
The recitals above are hereby incorporated in this Memorandum of Understanding as if fully set forth herein.
2. Compliance with Laws:
Sub-Recipient must comply with all applicable Federal, State, local laws, codes, ordinances and regulations. Sub-Recipient must specifically comply with the provisions of California Health and Safety Code Sections 50515 et seq., outlined by California’s Department of Housing and Community Development 2020 Notice of Funding Availability (NOFA) for REAP.
Further, Sub-Recipient will require the appropriate debarment certification form from all contractors and Sub-Recipient certifies that it will not knowingly enter into any transaction witha contractor, subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State agency.
3. Scope of Work
Sub-Recipient shall conduct the scope of work described in Exhibit “A”, “Scope of Work.” Sub-Recipient will not be compensated for activities outside the Scope of Work outlinedin Exhibit “A”, unless otherwise mutually agreed upon in writing by the Parties.
4. Maximum Contract Amount
The amount to be paid to Sub-Recipient under this MOU will not exceed Sixteen Thousand Eight Hundred Seven and 80/100 Dollars ($16,807.80), which amount represents Sub- Recipients allocation under HCD’s first funding package, unless agreed upon in advance by the Parties pursuant to a written amendment signed by the authorized signer for each party. In no instance will StanCOGbe liable for any payments or costs for work in excess of this amount, nor for any unauthorized or ineligible costs.
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning
5. Invoices and Progress Reports
A. Not less frequently than quarterly, Sub-Recipient will provide StanCOG with both a written report on the progress made on the Scope of Work (Exhibit “A”) and an invoice for reimbursement. Invoices shall, at a minimum, be for the periods ending March, June, September and December of each fiscal year. Invoices for work completed through June 30 of a fiscal year must be submitted by July 30. Sub-Recipient shall submit written invoices by e-mail to StanCOG at [email protected]. Sub-Recipient shall also provide to StanCOG a copy of its annual progress report that is submitted to HCD annually in April. Sub- Recipient’s failure to comply with any of the reporting requirements in this MOU may impact the ability to receive future REAP Grant Funds.
B. Payments to Sub-Recipient hereunder will be made in arrears. Sub-Recipient shall be paid within thirty (30) days following the receipt and approval of each invoice by StanCOG. Sub-Recipient will submit a detailed and properly documented invoice on its letterhead for reimbursement which invoice will include the following: (i) a description of the work performed, (ii) name of Sub-Recipient and Consultant personnel performing the work; (iii)a detailed accounting of costs incurred, and (iii) evidence that Sub-Recipient has already incurred costs for the Project. Attached as Exhibit “B” is StanCOG’s matrix of required supporting documentation for Sub-Recipient’s invoices. Invoices for expenditures incurred prior to the Effective Date will not be reimbursed.
C. Sub-Recipient shall submit narrative reports indicating percentage of completion with each set of invoices to allow StanCOG’s Project Manager to determine if Sub-Recipient is performing to expectations, is on schedule, is within funding limitations, as well as to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. Attached as Exhibit “C” is StanCOG’s Quarterly Reporting Form.
D. If the Sub-Recipient is seeking reimbursement for indirect costs, they must annually submit an Indirect Cost Allocation Plan (ICAP) or an Indirect Cost Rate Proposal (ICRP) to its cognizant agency for indirect costs in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The cognizant agency for indirect costs means the agency responsible for reviewing, negotiating, and approving indirect cost allocation plans and indirect cost proposals. The Sub-Recipient must include their estimated indirect cost rate in the project application and provide a copy of the acceptance letter from their cognizant agency for the approved ICAP or ICRP for the current fiscal year. Indirect costs may be sought for reimbursement only after the Sub-Recipient has received ICAP/ICRP approval from its cognizant agency.
E. Sub-Recipient will be notified within ten (10) business days following receipt of its invoice by StanCOG of any circumstances or data identified by StanCOG in Sub-Recipient’s invoice that would cause withholding of approval and subsequent payment. If StanCOG disputes
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning any portion of a request for payment, StanCOG shall pay the undisputed portion of such request as herein provided and shall promptly notify Sub-Recipient of the amount in dispute and the reason therefore.
F. Sub-Recipient will require its Consultants pay any subconsultants for satisfactorily completed work no later than thirty (30) days of receipt of each payment from theSub-Recipient, unless a longer period is agreed to in writing.
G. Any costs for which the Sub-recipient receives reimbursement that is determined by a subsequent audit or other review by either StanCOG, HCD or other State of California authorities to be ineligible or otherwise unallowable, are to be repaid by the Sub-Recipient within thirty (30) calendar days of the Sub-Recipient receiving notice of audit findings and penalties or related fees, as determined by HCD or other State authorities (Health and Safety Code section 50515.04(e)). Should the Sub-Recipient fail to reimburse unallowable costs to StanCOG within thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, StanCOG is authorized to withhold future payments due to the Sub-Recipient.
6. Term/Timeline
The term of this MOU shall begin on the “Effective Date” of this MOU which shall be the last date of execution by the parties hereto. All work identified in the Scope of Work must be completed by June 30, 2023, unless terminated earlier as provide herein. No extensions will be granted.
7. Allowable Uses of Grant Funds
A. StanCOG shall not award funds unless it is determined that the Grant Funds for the Sub-Recipient shall be expended in compliance with the 2020 Notice of Funding Availability (NOFA) for the REAP Grant Program pursuant to Division 31, Part 2, Chapter 3.1 of Health and Safety Code, Sections 50515 et seq.
B. Grant Funds shall only be used by Sub-Recipient for housing planning activities approved by StanCOG that are in accordance with the NOFA published by California Department of Housing and Community Development (HCD).
C. Grant Funds may not be used for administrative or staffing costs of persons employed by the Sub-Recipient for activities not related to the eligible housing planning activities, nor may these funds be used for consultants employed by Sub-Recipient for activities that are not related to the eligible housing planning activities.
D. Sub-Recipient shall use no more than three percent (3%) of its total Grant Funds or Two Thousand Five Hundred Dollars ($2,500.00), whichever is greater, for administrative costs and purposes related to eligible activities. For purposes of this MOU, administrative costs are defined as: preparing invoices and supporting documentation; preparing quarterly progress
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning reports;
and participating in project management meetings. Additional funds may be used from other sources solely contributed by the Sub-Recipient to support the Sub-Recipient’s administration of the project.
8. Accounting, Audit, Retention and Inspection of Records A. Sub-Recipient, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line.
The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and providesupport for reimbursement payment voucher or invoices.
B. Sub-Recipient shall establish a separate ledger account for receipts and expenditure of the Grant Funds and maintain expenditure details in accordance with the Scope of Work, project Schedule and budget.
C. Sub-Recipient shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.
D. Sub-Recipient agrees that StanCOG, HCD and the State of California or their designated representative(s) shall have the right to review, obtain, copy and audit all books, records, accounts, documentation and any other materials, collectively “Records”, pertaining to the performance of this MOU.
E. Sub-Recipient agrees to provide StanCOG or its designee, HCD, or any other State or Federal agency, with any relevant information requested and will permit StanCOG or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable Federal and State laws and regulations.
F. Sub-Recipient agrees to maintain Records fora period of three (3) years after final payment under the MOU or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this MOU and any amendments, whichever is later. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started beforethe expiration of the three (3) years after final payment under this MOU, all records must be retained by the Sub-Recipient, its contractors and subcontractors until completion of the action and resolution of all issues which arise from it. Records related to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning the matter. StanCOG and HCD shall have the right to audit Sub -Recipient Records and
interview employees.
G. If requested by StanCOG upon expiration of this MOU, Sub-Recipient will deliver all Records relevant to the Scope of Work to be delivered to StanCOG as a depository.
9. Project Manager/Staffing
A. The Project Manager’s for the Parties are identified below. Sub-Recipient may not substitute its Project manager without prior written agreement by StanCOG, which agreement will not be unreasonably withheld. With the exception of notice of termination sent pursuant to Section 13, any notice, report or other communication required by this MOU will be mailed by first-class mail ore-mailed with confirmation of receipt to the respective Project Manager at the addresses identified below.
B. During the term of this MOU, the representative project managers for StanCOG and Sub-Recipient will be:
10. Subsequent MOUs
Sub-Recipient understands and agrees that subsequent MOUs may be necessary to facilitate the distribution of further grant funding from HCD under Division 31, Part 2, Chapter
3.1, section 50515 et seq. of the Health and Safety Code. The Sub-Recipient hereby commits to negotiate the terms and conditions of such subsequent MOUs in good faith, in order to achieve concurrence and ensure execution of same in a timely fashion.
11. Disputes
A. In the event of a dispute among the Parties concerning a question of fact arising under this MOU that is not disposed of by agreement, which involves a decision by HCD’s Housing Policy Development Manager (or the Manager’s designee) who may consider any written or verbal evidence submitted by StanCOG, the decisions of HCD shall be final and not StanCOG Sub-Recipient
Elisabeth Hahn
Deputy Director of Planning and
Programming
Joel Andrews
Stanislaus Council of Governments
1111I Street, Suite 308
Modesto, CA 95354
Telephone: (209) 525-4632
Email:
[email protected]
City of Patterson
P.O. Box 667
Patterson, CA 95363
Telephone: (209) 895-8024
Email: [email protected]
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning subject to further appeal pursuant to Health and Safety Code Section 50515.04(g). StanCOG shall include in such submittal to HCD any written or verbal evidence submitted to StanCOG by
5.6.b
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning the Sub
-Recipient as part of this process. Neither the pendency of a dispute nor its consideration by HCD will excuse the Parties from full and timely performance in accordance with the terms of this MOU.
B. For other disputes and except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:
i.A meeting shall be held promptly between the Parties that will be attended by the Sub-Recipient’s Project Manager and StanCOG’s Project Manager as well as individuals with decision-making authority (to the extent reasonably possible), who will attempt in good faith to negotiatea resolution of the dispute.
C. If the Parties are unsuccessful in resolving the dispute under B.i., above, they may:
ii. Agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or
iii. Initiate litigation following advance written notice to the other Party of not less than thirty (30) days.
D. If any Party should bring a legal action against the other to enforce the terms of this MOU, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs,as determined bya court of competent jurisdiction in said proceeding.
12. Termination
A. Either Party may terminate this MOU for any reason at any time upon thirty (30) days written notice. The notice for early termination may permit the Sub-Recipient or StanCOGto rectify any deficiency(ies) prior to the early termination date. The Sub-Recipient will submit any requested documents to StanCOG within twenty (20) days of the early termination notice.
B. If either party issues a notice of termination, StanCOG will reimburse Sub- Recipient for work actually performed up to the effective date of the notice of termination less any compensation to StanCOG for damages suffered as a result of Sub-Recipient’s failure to comply with the terms of this MOU.
C. Sub-Recipient will have the right to terminate this MOU in the event StanCOG is unable to make required payments, including, without limitation, a failure of HCD to appropriate funds.In such event, Sub-Recipient will provide StanCOG with ten (10) days written notice of termination. StanCOG will make payment to Sub-Recipient through the date of termination.
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning
13. Notices
A. Any notice(s) required pursuant to this MOU shall be made in writing by hand- delivery, facsimile, first-class mail (registered or certified, return receipt requested), overnight courier service, or by electronic mail if the Party to be provided notice has provided its email address to the other Party. Notices of changes or amendments to this MOU, disputes, or court action must be served pursuant to non-electronic means provided for in this section.
B. All notices shall be deemed given and effective on the earliest of: (a) the date of transmission if such notice or communication is delivered via facsimile or electronic mail prior to 5:00 p.m. PST on a business day; (b) the next business day if such notice or communication is delivered via facsimile or electronic mail later than 5:00 p.m. PST on a business day; (c) the third business day following the date of mailing if sent by U.S. mail, nationally recognized courier service; or (d) upon actual receipt by the party to whom such notice is personally given.
C. Notices may be provided at the followingaddresses below. Each Party reserves the right to change its address for purposes of notice by providing written notice to the other Party.
To StanCOG: Stanislaus Council of Governments
1111I Street, Suite 308
Modesto, CA 95354
Attention: Elisabeth Hahn
Telephone: (209) 525-4600
Facsimile: (209) 558-7833
Email: [email protected]
To Sub-Recipient: City of Patterson
P. O. Box 667
Patterson, CA 95363
Attention: Community Development Director
Telephone: (209) 895-8000
14. Amendments.
This MOU may be modified, amended, changed, added to, or subtracted from by the mutual consent of the parties hereto if such amendment or change is in written form and executed with the sameformalities as this MOU and attached to the original MOU to maintain continuity.
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning
15. Insurance
A. Sub-Recipient shall, at its own expense, procure and maintain in effect at all times during this MOU, insurance coverage provided by a California admitted insurer licensed to transact business in California, as least as broad as hereinafter provided, including insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services set forth in Exhibit “A” of this MOU by the Sub- Recipient or Sub-Recipient’s agents, representatives, employees, or subcontractors asfollows:
i. General Liability.
Comprehensive general liability insurance covering bodily injury, personal injury, property damage, products and completed operations with limits of no less than ONE MILLION DOLLARS ($1,000,000). If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to any act by Sub-Recipient under this MOU or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability Insurance.
If the Sub-Recipient or the Sub-Recipient’s officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under this MOU, owned/non-owned automobile liability insurance providing combined single limits covering bodily injury damage with limits of no less than ONE MILLION DOLLARS
($1,000,000) per incident or occurrence, and providing property damage liability of no less than TWO HUNDRED FIFTY THOUSAND
DOLLARS $250,000 per incident or occurrence.
iii. Workers’ Compensation Insurance.
Workers’ Compensation Insurance as required by the California Labor Code. In signing this MOU, the Sub-Recipient certifies under section 1861 of the California Labor Code that Sub-Recipient is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and that the Sub -
Recipient will comply with such provisions before commencing the performance of the work of this contract, as necessary. iv. Professional Errors and Omissions Insurance with coverage limits of notless than One Million Dollars ($1,000,000.00).
B. Deductibles, Self-Insured Retentions, Named Insured. Any deductibles, selfinsured retentions, or name insureds must be declared in writing and approved by StanCOG.
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning C. Waiver of Subrogation, Additional Insured. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages.
Endorsement providing that the Sub-Recipient’s insurance shall waive all rights of subrogation against StanCOG’s insurers and StanCOG; or the Sub-Recipients’s insurance shall list StanCOG as additional insureds under the insurance policy.
ii. Worker’s Compensation Coverages.
Endorsements providing that the Sub-Recipient’s insurance shall waive all rights of subrogation against StanCOG’s insurers and StanCOG.
D. Other Insurance provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages.
Endorsements providing that such insurance is the primary insurance and no insurance of StanCOG will be called upon to contribute to a loss.
The Sub-Recipient’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
ii. All Coverage.
Each insurance policy required by this paragraph shall not be altered, suspended, voided, or canceled by either party, or reduced in coverage or in limits except after thirty (30) calendar days’ prior written notice by certified mail, return receipt requested, has been given to StanCOG.
Any failure of Sub-Recipient to comply with reporting provisions of the policies shall not affect coverage provided to StanCOG or StanCOG’s board members, officers, employees, or volunteers.
E. Verification of Coverage. Prior to performing any term or condition of the MOU, Sub-Recipient shall furnish StanCOG with evidence of insurance effecting coverage required bythis section.
F. Subcontractors. All insurance coverage for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein.
16.Indemnification
Except for the active negligence or willful misconduct of StanCOG and any of its directors, officers, agents, employees, assigns, and successors in interest, the Sub-Recipient undertakes and
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning agrees to defend, indemnify, and hold harmless StanCOG and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, includingStanCOG’s employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the acts, errors or omissions or violations oflaw by the Sub-Recipient, employees and agents in connection with its activities in pursuing the Project or under this MOU. The Sub-Recipient further agrees to require its Consultant(s) to provide indemnification for StanCOG to the same extent as the Sub-Recipient, in the contract(s) between the Sub-Recipient and its Consultant for work related to this Agreement.
17. Independent Contractor, No Joint Venture
The Sub-Recipient and its Consultant(s), officers, employees and agents shall be independent contractors in the performance of this MOU, and not officers, employees, contractors or agents of StanCOG.
18. Assignment
Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU, which consent will not be unreasonable withheld. Any assignment without such written consent shall be void and unenforceable.
19. Successors
This MOU shall bind and benefit the parties hereto and their heirs, successors and permitted assigns.
20. Entire Agreement
This MOU contains the entire agreement of the parties and no representations, inducements, promises, or agreements otherwise between the parties not embodied herein or incorporated herein by reference shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged or terminated unless the same is in writing executed by the parties. Sub-Recipient and StanCOG represent that in entering this MOU, they have not relied on any previous representations, inducements, or understandings of any kind or nature.
21. Severability
If any portion of this MOU or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any Federal, State or local statutes, ordinance, or regulations the remaining provisions of this MOU or application thereof shall not be invalidated thereby and shall remain in full force and effect tothe extent that the provisions of this MOU are severable.
22. Governing Law
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning All questions pertaining to the validity and interpretation of this MOU shall be determined in accordance with the laws of the State of California applicable to agreements made and to be performed within the State. Any dispute not resolved by informal means between the parties to this MOU may be adjudicated in a court of law under the laws of the State of California.
23. Waiver of Default
Waiver of any default by either party to this MOU shall not be deemed a waiver of any subsequent default. Waiver or breach of any provision of this MOU shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this MOU unless modified pursuant to the terms of this MOU.
24. Counterparts and Electronic Signatures
A. This MOU may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.
B. Each Party agrees that this MOU and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this MOU or such other documents are the same as handwritten signatures for purposes of validity, enforceability and admissibility.
25. Authority
The Sub-Recipient warrants and certifies that it possesses the legal authority to execute this MOU and to undertake administration of the proposed Project, and that a resolution, motion,or similar action has been fully adopted or passed, as an official act of the Sub-Recipient’s governing body.
***Signatures contained on next page***
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning IN WITNESS WHEREOF, this MOU has been executed by the parties hereto and shall become effective when executed by both parties.
Stanislaus Council of Governments, a joint powers agency City of Patterson
Rosa De Leon Park
Its Executive Director
Date
____________________________________
____________________________________
Date
APPROVED AS TO FORM
Monica Streeter
General Counsel
APPROVED AS TO FORM
_____________________________________
Nubia Goldstein
City Attorney
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning Exhibit A: Scope of Work
Project Description
Local Agency: City of Patterson
Project/Activity Name: Housing Element Update
Project Location: City of Patterson - Citywide
Project Housing Nexus:
Check all that apply
Project Goal Statement:
(Describe the impacts of your project on the acceleration of housing production.) The Housing Element identifies and analyzes existing and projected housing needs and outlines goals, policies, and programs for the preservation, improvement, and development of housing for households of all income levels.
Project Goal Statement:
(Describe the impacts of your project on the acceleration of housing production.) The Housing Element identifies and analyzes existing and projected housing needs and outlines goals, policies, and programs for the preservation, improvement, and development of housing for households of all income levels.
Project Description:
(Includea high-level summary of your project).
State law requires an update to the City of Patterson in 2023. The City would apply REAP fund to assist in development of the Housing Element toward meeting the goals listed above.
X_Reduce Time X_ Impact on housing supply and/or affordability X_Reduce Development Costs
X_Increase approval certainty and/orstreamline entitlements _Infrastructure Capacity
_Other:
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning Implementation:
(Summarize plans for adoption or implementation or next steps. If the project is one component of alarger effort, such as a study that will support fee reductions, please specify how this project fits intothe larger housing effort)
The City would hire a consultant to assist in preparation of the Housing Element.
Tasks to be included in the selected consultant’s scope of work include the following: • Review of previous housing element • Review of existing circumstances in the City of Patterson, including approved plans for future development
• Review of State law requirements related to the Housing Element • Develop and implement a community engagement program • Preparation of a needs assessment • Preparation and inventory of adequate sites • Evaluation of constraints to Housing Development • Prepare goals, policies, and quantified objectives • Produce draft and final Housing Element documents
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning Exhibit A: Scope of Work
Project Tasks, Deliverables, Timeline and Budget Tracking Tas
k#
Detailed Description of
Tasks /Milestones
Task
Timeline (in
months and
year)
Deliverable(s) including delivery
date
Total
Budg
et
REAP
Fundin
g
Other
Funds
(includ
e
source
)
1 Describe Task 1.Progress report and invoicing (quarterly)
2.Copy of Annual Progress Report submitted
to HCD (annually in April)
3.Summary of potential housing units
impacted by project (final deliverable upon
project completion
2 Housing Element Update 8 months Solicit proposals from consultants for a scope of work and consultant selection
Review of existing housing element, plans,
and circumstances
Preparation of draft documents.
Public outreach, including workshops,
public hearing, and other forms of public
outreach, for the Housing Element.
$179,910.69 $59,910.69 $120,000
(City
General
Fund)
Commented [HC1]: 1st portion: $16,807.80
3rd Portion: $43,102.89
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Exhibit B: Sample Invoice Report Form
5.6.b
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning Exhibit C: Quarterly Reporting Form
Stanislaus Council of Governments (StanCOG)
REAP Suballocation MOU Quarterly Report
Regional
Entity
Local Agency Activity Name
StanCOG [Insert name]
California Health and Safety Code Sections 50515 to 50515.05, established for the purpose of providing regions and jurisdictions with funding for housing planning activities that process improvements to accelerate housing production and facilitate compliance to implement the sixth cycleof the Regional Housing Need Assessment (RHNA)
BRIEF ACTIVITY
DESCRIPTION:
1) BRIEFLY SUMMARIZE THE STATUS OF THE ACTIVITIES
A) Describe Tasks
B) Outline which HCD eligible activity above Activity falls under 2) STATE WHAT STILL NEEDS TO BE COMPLETED ON THIS ACTIVITY? 3) DESCRIBE HOW MUCH FUNDING WILL BE USED AND FOR WHAT
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning A) Identify any contracts initiated
4) PROVIDE SCHEDULE OF ACTIVITIES
5) PROVIDE CONTACT INFO FOR PROJECT MANAGER/LEAD STAFF PERSON(S) 6) AMENDMENT
A) If any changes to project scope, cost, and/or schedule have occurred fill out this section,if not then skip
7) PROVIDE SIGNATURE AND DATE BELOW
PERSON PREPARING THIS REPORT (please
type or print)
PHONE and EMAIL:
APPROVAL AUTHORITY (signature)
Date:
5.6.b
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Attachment: StanCOG REAP Suballocation MOU Clean Version (Adopt Resolution No. 2022-69 Suballocation of Regional Early Action Planning City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: October 4, 2022
ITEM NO: 5.7
SUBJECT: Approve Resolution No. 2022-72 Approving the Landscape and Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement with Patterson Center LLC for the Grocery Outlet Bargain Market and Dutch Bros Projects; Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City Clerk to Record the Agreement.
RECOMMENDATION
Motion to Approve Resolution No. 2022-72 Approving the Landscape and Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement with Patterson Center LLC for the Grocery Outlet Bargain Market and Dutch Bros. Projects; Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City Clerk to Record the Agreement.
BACKGROUND
The City Council approved the development of Grocery Outlet Bargain Market and Dutch Bros.
Projects located within the South Rogers development, at 2900 & 2930 Sperry Avenue, Patterson, CA (APN# 021-093-005). As part of the Conditions of Approval and the City’s Stormwater Ordinance No. 777, the developer was required to install onsite landscaping and stormwater treatment control measures that prevent the pollution of stormwater runoff from the project site to enter into an agreement for the operation and maintenance and preservation of the stormwater treatment control measures, see attached agreement, to comply with all stormwater regulations (State, Federal, and local).
ANALYSIS
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The Landscape and Stormwater Control Measures Maintenance Agreement has been prepared and reviewed by all parties and is attached for Council’s approval. Additionally, a resolution is also attached for Council approval. The resolution is required for the city to record the agreement.
FISCAL IMPACT
There is no budget impact associated with this item. All costs associated with this item are paid for by the developer, including the on-going maintenance.
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1 1 RESOLUTION NO. 2022-72
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 APPROVING THE LANDSCAPE AND STORMWATER TREATMENT CONTROL 5 MEASURES (SCMs) MAINTENANCE AND ACCESS AGREEMENT PATTERSON 6 GROCERY OUTLET BARGAIN MARKET & DUTCH BROS. PROJECT(S); 7 AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE 8 AGREEMENT; AND AUTHORIZING THE CITY CLERK TO RECORD THE 9 AGREEMENT
10 11 WHEREAS, the City Council of the City of Patterson Approved the application to 12 develop the Grocery Outlet Bargain Market & Dutch Bros. Project(s) located at the South Rogers 13 development, 2900 & 2930 Sperry Avenue, Patterson, CA 95363 in Stanislaus County as 14 described in the Exhibits of the Agreement; and
15 WHEREAS, the Project is located within the South Rogers development, located on 16 2900 & 2930 Sperry Avenue, Patterson, California, Stanislaus County Assessor’s Parcel Number 17 021-093-005; and
18 WHEREAS, as a condition of approval of the project, the developer installed, 19 constructed, and agreed to perpetually maintain and repair all landscaping, temporary storm 20 drainage detention basin, and stormwater treatment control measures (SCMs) located on the 21 property as described in the Landscape & Stormwater Treatment Control Measures (SCMs) 22 Maintenance & Access Agreement; and
23 WHEREAS, The city’s approval of the Project was conditioned upon Developer 24 satisfying certain conditions, which included the obligation to construct and maintain certain 25 offsite/on-site improvements for the Subject Property and as described in the approved 26 Improvement Plans project plans and Conditions of Approval. 27 WHEREAS, as a condition of approval, Developer shall maintain the landscaping and all 28 stormwater treatment control measures (SCMs) for the project location as described in the
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Attachment: Resolution No. 2022-72- GROCERY OUTLET AND DUTCH BROS AND STORMWATER TREATMENT CONTROL MEASURES 2 1 Landscape & Stormwater Treatment Control Measures (SCMs) Maintenance & Access 2 Agreement; and
3 WHEREAS, the City and Developer desire to enter into this Agreement to clearly define 4 the responsibilities for both Parties with respect to the Onsite Improvements and the Offsite 5 Improvements installed as part of the Project (collectively, the “Project Maintenance”); and 6 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson 7 that it hereby accepts the Landscape and Stormwater Treatment Control Measures (SCMs) 8 Maintenance & Access Agreement, authorizes the City Manager or his Designee to execute the 9 agreement, and directs the City Clerk of the City of Patterson to record the agreement. 10 The foregoing resolution was passed by the City Council at a regular meeting held on the 4 th
11 day of October 2022, by ____________________ who moved its adoption, which motion was 12 duly seconded by Councilmember , and the resolution adopted by the 13 following roll call vote:
14 AYES:
15 NOES:
16 EXCUSED:
17 APPROVED:
18 19 _____________________________________
20 Dennis McCord
21 Mayor of the City of Patterson
22 ATTEST:
23 24 __________________________________________
25 Aracely Alegre
26 City Clerk of the City of Patterson
27 5.7.a
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Attachment: Resolution No. 2022-72- GROCERY OUTLET AND DUTCH BROS AND STORMWATER TREATMENT CONTROL MEASURES 3 1 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 2 the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 4 th
3 day of October 2022, and I further certify
4 that said resolution is in full force and effect and has never been rescinded or modified. 5 6 DATED:
7 8 ___________________________________
9 City Clerk of the City of Patterson
10 5.7.a
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Attachment: Resolution No. 2022-72- GROCERY OUTLET AND DUTCH BROS AND STORMWATER TREATMENT CONTROL MEASURES
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22)
5.7.b
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Attachment: Landscape and SCMs 2900 2930 Sperry Ave., Patterson Dutch Bros and Grocery Outlet (Signed and Notarized by Owner 9-16-22) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: October 4, 2022
ITEM NO: 5.8
SUBJECT: Approve Resolution No. 2022-73 Approving the Landscape and Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement with NLA Patterson LLC for the Chipotle Restaurant Project; Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City Clerk to Record the Agreement.
RECOMMENDATION
Motion to Approve Resolution No. 2022-73 Approving the Landscape and Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement NLA Patterson LLC for the Chipotle Restaurant Project; Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City Clerk to Record the Agreement.
BACKGROUND
The City Council approved the development of Chipotle Restaurant Project located within the Mahaffey Plaza development, located at 975 Sperry Avenue, Patterson, CA (APN# 048-047- 019-000). As part of the Conditions of Approval and the City’s Stormwater Ordinance No. 777, the developer was required to install onsite landscaping and stormwater treatment control measures that prevent the pollution of stormwater runoff from the project site to enter into an agreement for the operation and maintenance and preservation of the stormwater treatment control measures, see attached agreement, to comply with all stormwater regulations (State, Federal, and local).
ANALYSIS
The Landscape and Stormwater Control Measures Maintenance Agreement has been prepared and reviewed by all parties and is attached for Council’s approval. Additionally, a resolution is
5.8 Packet Pg. 116
also attached for Council approval. The resolution is required for the city to record the agreement.
FISCAL IMPACT
There is no budget impact associated with this item. All costs associated with this item are paid for by the developer, including the on-going maintenance.
5.8 Packet Pg. 117
1 1 RESOLUTION NO. 2022-73
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 APPROVING THE LANDSCAPE AND STORMWATER TREATMENT CONTROL 5 MEASURES (SCMs) MAINTENANCE AND ACCESS AGREEMENT PATTERSON 6 CHIPOTLE PROJECT; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE 7 TO EXECUTE THE AGREEMENT; AND AUTHORIZING THE CITY CLERK TO 8 RECORD THE AGREEMENT
9 10 WHEREAS, the City Council of the City of Patterson Approved the application to 11 develop the Patterson Chipotle Restaurant Project located at the Walgreen Shopping Center 12 development 975 Sperry Avenue, Patterson, CA 95363 in Stanislaus County as described in the 13 Exhibits of the Agreement; and
14 WHEREAS, the Project is located within the Walgreens Shopping Center development, 15 located on Sperry Avenue & Ward Avenue, Patterson, California, Stanislaus County Assessor’s 16 Parcel Number 048-047-019-000; and
17 WHEREAS, as a condition of approval of the project, the developer installed, 18 constructed, and agreed to perpetually to maintain and repair all landscaping, temporary storm 19 drainage detention basin, and stormwater treatment control measures (SCMs) located on the 20 property as described in the Landscape & Stormwater Treatment Control Measures (SCMs) 21 Maintenance & Access Agreement; and
22 WHEREAS, The City’s approval of the Project was conditioned upon Developer 23 satisfying certain conditions, which included the obligation to construct and maintain certain 24 offsite/on-site improvements for the Subject Property and as described in the approved 25 Improvement Plans project plans and Conditions of Approval. 26 WHEREAS, as a condition of approval, Developer shall maintain the landscaping and all 27 stormwater treatment control measures (SCMs) for the Chipotle project location as described in 28 the Landscape & Stormwater Treatment Control Measures (SCMs) Maintenance & Access 29 Agreement; and
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Packet Pg. 118 Attachment: Resolution No. 2022-73 - CHIPOTLE LANDSCAPE AND STORMWATER TREATMENT CONTROL MEASURES MAINTENANCE AND 2 1 WHEREAS, the City and Developer desire to enter into this Agreement to clearly define 2 the responsibilities for both Parties with respect to the Onsite Improvements and the Offsite 3 Improvements installed as part of the Project (collectively, the “Project Maintenance”); and 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson 5 that it hereby accepts the Landscape and Stormwater Treatment Control Measures (SCMs) 6 Maintenance & Access Agreement, authorizes the City Manager or his Designee to execute the 7 agreement, and directs the City Clerk of the City of Patterson to record the agreement. 8 The foregoing resolution was passed by the City Council at a regular meeting held on the 4 th
9 day of October 2022, by ____________________ who moved its adoption, which motion was 10 duly seconded by Councilmember , and the resolution adopted by the 11 following roll call vote:
12 AYES:
13 NOES:
14 EXCUSED:
15 APPROVED:
16 17
18 _____________________________________
19 20 Dennis McCord
21 Mayor of the City of Patterson
22 ATTEST:
23 24
25 __________________________________________
26 Aracely Alegre
27 City Clerk of the City of Patterson
28 5.8.a
Packet Pg. 119 Attachment: Resolution No. 2022-73 - CHIPOTLE LANDSCAPE AND STORMWATER TREATMENT CONTROL MEASURES MAINTENANCE AND 3 1
2 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 3 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 4 th
4 day of October 2022, and I further certify
5 that said resolution is in full force and effect and has never been rescinded or modified. 6 7 DATED:
8 9 ___________________________________
10 City Clerk of the City of Patterson
11 5.8.a
Packet Pg. 120 Attachment: Resolution No. 2022-73 - CHIPOTLE LANDSCAPE AND STORMWATER TREATMENT CONTROL MEASURES MAINTENANCE AND Recording Requested by
CITY OF PATTERSON
After Recording Retum to
CITY OF PATTERSON
ATTN: CITY CLERK
POST OFFICE BOX 667
I PLAZA
PATTERSON. CA 95363
(Space above this line for recorder's use)
PATTERSON CHIPOTLE
975 Sperry Avenue. Patterson. CA 95363
APN# 048-047-019-000
(Resolution Attached 2022- )
LANDSCAPE & STORMWATER TREATMENT CONTROL MEASURES
(SCMs) MAINTENANCE & ACCESS AGREEMENT
THIS LANDSCAPE & STORMWATER TREATMENT CONTROL MEASURf,S (SCMs) MAINTENANCE & ACCESS AGREEMENT, (the "Agreement") is made and entered into day of 2022 (the "Eff'ective Date"). by and between the City of Patterson C'CiW'). a Califomia municipal corporation, and NLA Patterson LLC., ("Develooer'') and Brand-Ramke Properties ("Owner"), LP. a Califomia Limited Partnership. Cit_v and Developer each are referred to herein separately as *eqq" and collectively' as the "Parties". There are no other parties to this Agreement.
RECITALS
This Agreement is being entered with reference to the following facts A, In accordance with the recommendations of the Planning Commission ("Commission"), the City Council for City ("City Council") approving an application for Conditional Use Permit #21 - 10 and Architectural & Site Plan Review to develop a Commercial lood facility (the "Proiect") within the Mahaffey Plaza development area.
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE _ 975 SPERRY AVENUE
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Packet Pg. 121 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) B. The Project is located on parcels located at 975 Sperry Avenue, Patterson, Califomia, Stanislaus Countv Assessor's Parcel Number 048-047-019-000 the "Subiect Property''), as shown in more detail in Exhibits A and Exhibit B
C. As a condition of approval of the Project. Developer has installed. constructed, and agreed to perpetually maintain and repair all stormwater treatment control devices and adequate landscaping on the Subject Propertl (the "Private Improvements"), as shown in more detail in the approved improvement plans, referenced as Exhibit C. The SCM have been installed in accordance with plans and specification accepted by the City of Patterson; SCM has been installed on private property and draining into a private owned storm drainage basin. Therefore, the SCM installed on-site will be used to treat all stormwater onsite before it enters the private storm basin. The SCMs installed are "private" facilities with all maintenance or replacement to be the sole responsibilit-v of the Owner in accordance to the terms of this agreement. The storm drainage basin will be private until the basin is completed and the basin has been dedicated to the city as a public facility. Therefore. maintenance of the basin remains private under the property owner's responsibility. Additionally, the Developer agrees to enroll in the City's Fats, Oils, and Grease (F.O.G.) Program. which will require maintenance reports to be submitted to the City on a regular basis and/or upon requesl ofthe City.
E. As a condition of approval, Developer shall maintain the landscaping lor the Onsite Improvements at the location shown in f,xhibit C ("Civil Public Improvements").
F. City and Developer desire to enter into this Agreement to clearly define the responsibilities for both Parties with respect to the Civil Improvements and Stormwater Treatment Control Measures (SCMs), including on-site storm drain inlets. full capture trash screens. etc. installed as part ofthe Project (collectively. the "Project Maintenance").
NOW, THf,Rf,FORE, in consideration of the foregoing and the covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. the Parties hereto agree as follows:
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE _ 975 SPERRY AVENUE
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D. The City's approval of the Project was conditioned upon Developer satisfying cenain conditions, which included the obligation lo construct and dedicate lo Cit) certain offsite improvements near the Subject Property (the "Civil Public Improvements"), as shown in more detail in the approved improvement plans. referenced as Exhibit C.
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Packet Pg. 122 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) AGR.EEMENT
Section l. Recitals The Recitals above are tnre and conect and are hereby incorporated into and made part of this Agreement. In the event of inconsistency between the Recitals and the provisions of Sections I through I l, the provisions ofSections I through I I shall prevail.
Section 2. Erhibits. The following Exhibis are attached to and incorporated into this Agreement:
Erhibit Designation
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit Pqlcription
Legal Description
Site Map
Approved Civil Public Improvement Plans
Operations & Maintenance Plan
Section 3. Develooer Respons ibilities and Rishts. Developer shall perform all hoject Maintenance. subject to the terms and conditions of this Agreernent. Project Maintenance includes the following:
Section 3.1. Permh Requircd. Deleloper shall obtain a permir and approval from City before establishing any futlre connections to the Cirl*'s water. servel and stofin systems.
Section 3.2. Routine Maintenance. Developer shall routinelv and regularly maintain all Onsite Improvements. including the storm drain inlerceptor, posl-construction stormwater treatment control mea-sures (SCMs) installed on the Subject Prop.rt_r, including any vegetated swales. temporalv/permanent siorm basins, bio filaation are{s). rash capturing devices, etc.. and shown on the approved improvement plans. referenced as Exhibit C. This routine maintenance includes keeping the storm drain interceplor and stofin\nater teatment control BMPs clean and c lear of debris and properly maintained. Developer shall participate in and remain in compliance with the Cig,'s Fats, Oils, and Grease (F.O.G.) Control Program for on-going maintenance (storm./sewer) per Operations & Maintenance Manual, Exhibit D, and to rhe satisfaction of the Public Works De;nrtment.
Section 33. Landscaoins and Storm I)rainase System. Developer shall plant and maintain, all Onsite Improvemen{s including all trees and other landscaping. stormE'ater treatment BMPycontrol measures/LlD improvements. and or vegetated swales located on the Subject Propery and as shown on Exhibit C. All rrees shall be planted, maintained and replaced in accordance with the City's Street Tree Plan and Approved Tree [.is! per the City's municipal code.
Section 3.4. Asscmblv Bill lEEl. Developer will own, maintain and replace all landscaping. including the planter installed on private properl)* within the Subject Property in accordance with all applicable local and state la*s. including the requiremenls established by Assembly Bill l88l (Reg. Sess. 2005-2006) C'AB I 881") and Chapter I 5-48 of the Cit_v of PattErson Municipal Code. Bcfore changing any
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS ACREEMENT PATTERSON CHIPOTLE _ 975 SPERRY AVENUE
Date:09112/22
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Packet Pg. 123 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) landscaping or irrigation system within the Subject Propert_y or at the location of Offsite Public lmprovements, Developer shall submit such proposed changes (the "Proposed Plans") to the Citv for review and shall not commence such changes until CiLv provides written approval, such approval shall not to be unreasonably withheld. conditioned or delayed. City shall have fifteen ( l5) days following its receipt of the Propnsed Plans to either approve or disapprove the Proposcd Plans, in is reasonable discrelion, by delivering written notice to Developer of is approval or disapproval of the hoposed Plans ('Approval Notice- or "D!gpp!Sy4l Notice", as applicable). If City disapproves the Proposed Plans, then City shall give specific reasons therefor in the Disapproval Notice. whereupon Developer shall have fifteen (15) days following its receipt of the Disapproval Notice to submit to City revised plans and specifications for the landscaping and/or irrigation system (the "Beytiqd P!g45). City shall have fifteen (15) days following is receipt of the Revised Plans to either approve or disapprove the Revised Plans, in its reasonable discretion, by delivering written notice to Developer of its approval or disapproval of the Revised Plans- The foregoing proccss shall continue until the Proposed Plans (or the Revised Plans) have been finally approved by City in an Approval Notice- If City fails to approve or disapprove the Proposed Plans or Rcvised Plans. as applicable. within the time p€riod specified above. said plans shall be deemed approved. For any change to the landscaping or irrigation system w-ithin the Subject Property Developer shall also complete and submit an AB I 881 Audit and Certification to Cit"v.
Section 35. Backllow Protection Device. In addition to the maintenance and landscaping requirements set forth in Section I ofthis Agreement Developer shall maintain the backflow protection device constructed as pan of the Offsite Public Improvements as shown on Exhibit C in accordance witi Cit_v standards even if the device is located within a public right-of-way.
Section .1. Citv Responsibilitt' atrd Rishts.
Section 4.1. City shall own, maintain, repair and replace the water meters. and the water meter boxes for the hojec! as it deems necessary.
Section 4.2. Ciry and City's employees, ofiicials, representatives. commissioners, offrcers, contractors. and members ('eiry_S agg!ts") have the rigfrt to enter the Subject Property from time to rime during normal business hours to inspect the \rater meters. watgr meter boxes. fire hydrants, and Project Maintenance to ensure compliance with all applicable maintenance requircments and regulations. City Agents shall not unreasonably interfere witlr Developer's business activities on the Subject Propert-v.
Section 43. h the event of an emergency situation or if City reasonabry' determines that public health, safety or welfare are likely to be harmed. City and Cilv's Agens shall have the rig}t to enter anv portion of the Subject Properry' necessary lo resolve the issue or abate the danger or emergency. In such situation, Developer shall provide City and Ciq's Agent's l'ilh access to the water meters and water boxes as the City deems necessar-l' for meter reading- maintenance. repair, or replacement.
Section 4.4. Ciry or a qualified third party approved by City will test all backflow devices installed on any of the water meters installed on the Subject Property on an annual basis at a schedule to be reasonably determined by Cit-v and Developer- at the sole cost of Developer. Notwithstanding the foregoing, Developer shall only be responsible for the actual- documented out-of-pocket cost of an1' such testing.
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Packet Pg. 124 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) Section 45. The Parties acknorvledge and agree that Cit]- owns and shall maintain all ryater, sewer, and storm drain lines within the public rights-ol'-way adjacent to the Subject Property, including the Civil Improvemenls shorr.n in Erhibit D.
Section 5. Term of Agreement. This Agreement is binding upon thc Parties. their successors and assigns and the agreements and covenants contained in this Agreement run \ /ith the land and with title to the Subject Properry. Termination of the Agreernent must be mutually agreed to in writing by the Parties.
Section 6. Dg&u[- ln the event Developer fails to properly perform Project Maintenance. including but not limited to maintaining, or causing to be maintained the Offsite Public lmprovements and Orsite Improvements and associated landscaping as set forth in Section 3 of this AgreemenL beyond an1 applicable notice and cure period, Developer shall be in default of this Agreement ('Default'). Upon rcceipt ofa notice from City, Developer shall have sixqv (60) days !o cure such failure in accordarrce with the terms set forth by City (fte "Cure Period"). IfDeveloper fails to cure such failure to City's reasonable specifications and parameters, Developer agrees to panicipate in and nol protest the inclusion ard annexation oftlre Subject Propery into any appropriate tandscape Maintenance District Benefit Assessment Distric! Community Facilities Distric(s). or any other assessment or fmancing vehicle Cit-v reasonably deems appropriale to provide proper maintenance of the Onsite Improvements and Offsite lfublic lmprovements.
Section 7. Waiver. Ciw or City's officers. employees- agents. representatives or contractors may inspect or make statements indicating that certain work or matrerials used to complete construction ofthe Project Maintenance compll'with this Agreement. There may also be acceptance of certain Offsite Public Improvements or Fayments associated with the Offsite Improvemenls by City- None of these acts or staEments shall relieve Developer of its obligations in this Agreement or serve as a basis or defense against Ciry- seeking to bring an action against Developer for any damages arising from the breach ofany term or condition of this Agreement by Developer.
Section 8. lndemnitv, Developer shall hold harmless. indemni!. and defend Cii-,- and City's Agents from all liability that may be incurred by City as a resuh of any injuries to persons or damage to property arising oul of or attributable to Developer's Project Maintenance including consruction or maintenance of the Onsite lmprovemens and Offsite Public lmprovements, except for such liability directly resulting from C-iB's negligence or u,illful misconduct.
Section 9. Notices. Any not;ce or communication required hereunder between City and Developer must be in writing. and may be given either personally. oy' facsimile (with original forwarded by regular U.S. Mail). by registered or certified mail (return receipt requested), or by Federal Express. UPS or other similar courien providing overnight delivery. lf personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received up,on actual physical receipt of the entire document by the receiving party's facsimile machine, Notices transmitled by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall tre deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the frst to occur of(i) actual receipt by any of the addressees designated belo* as the party to whom notices are to be s€nt, or (ii) five (5) days after LANDSCAPE AND STORIVTWAI.ER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE - 975 SPERRY AVENUE
Datr:09112n2
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Packet Pg. 125 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) a registered or certified letter containing such notice, property addressed, with postage prepaid. is deposited in the United States mail. lf given by Federal Express or similar courier. a nodce or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party' hereto may at any time. by giving ten ( l0) days written notice to the other Party hereto. designate any other address in substitution of the address to which such noticc or communication shall bc given- Such notices or communications shall be given to the Parties at their addresses set forth below:
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS ACREEMENT PATTERSON CHIPOTLE - 975 SPERRY AVENUE
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Packet Pg. 126 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) If to Ciry:
with courtesy copy to:
and
If to Developer:
and
City of Patterson
ATTN: City Clerk
I plsza
City Hall
Patterson, Califomia 95363
Tel: (209) 895-8000
Fax: (209) 895-8019
City of Patterson
ATTN: City Manager
I Pl"za
Ciry Hall
Patterson. Califomia 953 63
Tel: (209) 895-8000
Fax: (209) 895-8019
Ciry of Patterson
ATTN: Ciry Attorney
1 Pleza
Cilv Hall
Patterson, Califomia 95 3 63
'tel: (209) 895-8000
Fax: (209) 895-8019
NLA Patterson LLC
ATTN: Sam Colson. Ormer
105 Tallapoosa Street. Suite 107
Montgomery. AL 36104
Brand-Ramke Properties. LP
ATTN: Stefanie Sirota
1263 Costa Brava
Pismo Beach- CA 93449
(408\ 7814767
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE - 975 SPERRY AVENUE
Date:09112/22
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Packet Pg. 127 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) Section 10. Heirs. Su and Assisns. This Agreement shall be recorded and shall apply to all future owners of any portion of the Subject Propert_v. Any subsequent transferee of the Subject PropeQ, or any part thereof- by acceptance of a deed or conveyance of fhe said property shall be deerned to have consented to and become bound by the terms of this Agreement This Agreement shall be binding on the heirs, successors, and assigrs of the Parties.
Section ll. General Provisions.
Section 11.1. Modification of Agrrement. This Agreement may be supplemented. amended, or modified only by the mutual agreement of the Parties. No supplement, amendmeng or modification of this Agreement will be binding unlcss it is in writing and signed by all lhe Parties. No provisions in either Part-v's correspondence or other business forms used by either Party will supenede cr add to the terms and conditions of this Agreement.
Section 112. Entire Asreement. This Agreement and all other agreements and exhibis referenced in this Agreement constitutes the final, complete, and exclusive statement of the terms of the agreemenl b€tween the Parties p€rtaining to the maters pertaining to the Project Maintenance as set forth herein aad supersedes all prior and contempoflmeous understandings or agreement of the Parties. No Party has been induced to enter into this Agreement by. nor is any Parry relying on. any representation or warranty outside those expressly set forth in this Agreement.
Section I lJ. Severabilitl fApreement. Ifa court or an arbitrator ofcffnpetentjurisdiction holds any provision of this Agreement to be illegal. unenforceable. or invalid in whole or in part for any reason. the validiry and enforceabiliry of the remaining pmvisions- or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable. or invalid provision.
Section I l.-1. lntentionallv deleted
Section I1.5. Amb uities. Each Party and its counsel have participated fully in the revieu' and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Part-v does nol apply in interpreting this Agreement.
Section 11.6. Headinss. The headings in this Agreement are included lor convenience only and neither affect the construction or interpretation ofany provision in this Agreement nor affect any of the rights or obligations of the Parties to this Ageement.
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE _ 975 SPERRY AVENUE
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Packet Pg. 128 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) IN WITNESS WEEREOF, the Parties have duly executed this Agreement, with the intention of being bound by iL on the Effective Date set forth above. per attached Resolution.
CITY: Cilv of Patterson, a Municipal Corporation of tle State of Califomia Br-:
Ken lrwin. C ir]." Manager Dare Signed
Approved as to Form:
Nubia Goldstein. Ciry* Attorne]' Date Signed
Attest Br':
Aracely Alegre. CiB Clerk Date Signed
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE _ 975 SPERRY AVENUE
Dare:09112127
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Packet Pg. 129 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) DEYELOPER(S): NLA Patterson LLC
ny, ile+ fi \(arce, l-Lg, i +s t'la".tj.r
Sam Colson- Property Owner
C.Fo
OWIIIER(S): Brand-Ramke Properties, LP
By: Stefanie Sirota
Stefanie Sirot". Owner
q I e.a
Date Sig.rcd
Date Signed
NOTARY ACKNOWLEDGMENT
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE _ 975 SPERRY AVENUE
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Packet Pg. 130 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) A notaly public or other ofFlcer completing ftis certificate verifies onl-v the identity of the individual who signed the document to which this certificate is atuched. and not dre truthfulness. accuracy, or validit_v of that document.
Ito-ha"^r
State opl,ifoniaCounw of
On QLU.r 16 . 20 Cl before me,
penonally appearcd who proved to me on the basis of
satisfactory evidence to be fte pe6on(s) whose namqs) iJare subscribed to the within instnment and acknowledged to me thar he/shdthey execr.rted tlre same in hiVherltheir authorized capacity(ies), and tlut by hiJher/their signature(s) on the instrument the penon(s), or tlle entity upon behalf of which the person(s) ete4 executed the insEument.
I ceni! under PENATTY OF PER URY under the laws ofthe State ofCalifomia that the foregoing paragraph is lnE and correct.
WITNESS my hand and official seal.
Notary Public
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE - 975 SPERRY AVENUE
Date:091W22
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STATE AT
ETA H HENDERSON ANG
NOTARY PUBLIC
LARGE
ALABAMA
Expires 07l1 312025
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IiOTARY ACKNOWLEDGMENT
Comm
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Packet Pg. 131 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) EXHIBIT "A'
LEGAL DESCRIPTION
Real property in the City of Patterson, County of Stanislaus, State of Califomia, more particularly described as follows:
Parcel l:
This legal description is made pursuant to Lot Line Adjustment No. I l-02- Sperry Avenue & Ward Avenue, recorded January 23,2012, as lnstrument No. 2012-005802-00, ofOfficial Records.
A portion of Lot 1028 as said lot is shown on the map entitled "Map of Patterson Colony. Sub-Tract Number Four" filed in the office ofthe County Recorder of Stanislaus County, Califomia, on January 09, 1912, in Volume 6 of Maps. at Page 23, more particularly described as follows:
COMMENCING at the soulhwest corner of said Lot 1028. said point also being the intersection of the centerline of Ward Avenue and Sperry Avenue; thence along the southerly line of Lot I 028 and the centerline of Sperry Avenue South 89"34'00' East, a distance of 3l1.00 feet to the POINT OF BEGINNINC; thence parallel with the westerly line ofsaid Lot 1028 North 00o20'00" East, a distance of25 7.97 feet; thence parallel with the southerly line of said Lot 1028 South 89'34'00" East. a distance of 216.33 feetr thence South 00"26'00' West, a distance of 219 -29 feet to the centerline of 'E' Avenue; thence along the centerline of 'E' Avenue South 60"00'00" West a distance of
I 7. l3 feet to the intersection with the centerline of said Sperry Avenue; thence along said centerline of Sperry Avenue North 89'34'00" West. a distance of 201 . I I feet to the POINT OF BEGINNING.
Reciprocal non-exclusive easements for vehicular and pedestrian access, ingress and egress, parking, drainage and utilities. as said easements are set forth in that certain declaration of easements, covenants. conditions and restrictions recorded April 28, 2009 as Instrument No. 2009-0041 I l9-00 ofOfficial Records ofStanislaus County, Califomia.
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE _ 975 SPERRY AVENUE
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Parcel 2:
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Packet Pg. 132 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) nxHll T *B*
SITE MAP
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS ACREEMENT PATTERSON CHIPOTLE - 975 SPERRY AVENUE
D^te:09/12122
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Packet Pg. 133 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) EXHIBIT *C"
APRPOVED IMPROVEMENT PLANS (Approved Nlay 9,2022)
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LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE _ 975 SPERRY AVENUE
Date:09/12/22
Page l7 of l8
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Packet Pg. 134 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle)
OPERATIONS & MAINTENANCE MANUAL - ATTACHED
Operation and Maintenance Responsibility Plan:
The owner of the property shall be responsible for funding, inspecting, and maintaining all improvements onsite.
Maintenance and inspection activities for the identified BMPs will be performed as indicated on the enclosed BMP Maintenance Responsibility/ Frequency Matrix. The owner shall be responsible for all maintenance and inspection responsibilities for all improvements located within the limits of the project.
LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT PATTERSON CHIPOTLE 975 SPERRY AVENUE
Date: 09112122
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Packet Pg. 135 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle)
OPERATION & MATNTENANCE (O&M) PLAN
and
STATEMENT OF RESPONSIBILITY
l'rol)crl\ O* ne r Inlirrnration:
l)er tloPnrent ln li r rttr ir I io n:
BRAND-RAMKE PROPERTIES,LP, a California limited partnership Stefanie Sirota
ta tav a
Pismo Beach Slale: CA zi 9lll9
(408\ 781-4767 Email: John ramosinvestments.com
Property Owner Nsrne:
Name of Contact Person:
Mailing Address:
ciu..
Telephone:
Narne of Development ChiDtole
Development Address: 975 Sperry Avenue
ciry PATTERSON Isat", l CA zip:
Assessor Parcel No.: 021-026-026
Name ofPe6on or
Org.niration Rcsponsible tbr
Performing lnspeclioos and
Maintenarce of thc Trcatmenl
Conlrcl Maasut€s:
BRAND-RAMKE PROPERTIES,LP, a California limited partnership Mailing Street Addrcss: Same as above
Citt I Srare: I 7ip,
Telephone: l:mail:
lr(:rlrrlrnl ( onl lol \lcasures:
of
Treatment Cortrol Measure Inspection
Frequenc)
Describe Conditions that Requirr Maiotenanc€ / RepaL and Describe Routi'le Preventative Maintenance
3 TIMES
PER YEAR
SEE ATTACHED
of
95363
CATCH BASIN INSERT FILTER
5.8.b
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5.8.b
Packet Pg. 138 Attachment: Chipotle (Approve Reso. No. 2022- 73 Approving Landscape Chipotle) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: October 4, 2022
ITEM NO: 5.9
SUBJECT: Approve Resolution No. 2022-74 approving the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2021-2022.
RECOMMENDATION
Motion to Approve Resolution No. 2022-74 approving the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2021-2022.
BACKGROUND
As required by HUD, the Stanislaus County Consortium (which includes the Cities of Patterson, Oakdale, Hughson, Newman, Ceres, Waterford, and Stanislaus County) has prepared a Consolidated Annual Performance and Evaluation Report (CAPER) to document progress made in accomplishing goals set forth in the Consolidated Plan and Action Plan. The report includes the accomplishments of the individual jurisdictions participating in the Stanislaus County Community Development Block Grant Program (CDBG) Consortium, also known as the Stanislaus Urban County, for FY 2021-2022. Access to the entire report is available online at the following link: https://www.stancounty.com/bos/agenda/2022/20220920/PH02.pdf
ANALYSIS
The Draft CAPER was made available for a 15-day review and comment period which began on August 30, 2022, and ended on September 20, 2022. As part of the CAPER citizen participation process, federal regulations require a public hearing be held to solicit comments relative to the CAPER. Local Jurisdictions are required to submit a Resolution of Concurrence for the respective CAPER. Public hearings are held by the Stanislaus County Board of Supervisors. The CAPER is a report, required by HUD Entitlement Jurisdictions, on the accomplishments and progress toward fulfilling the goals of the adopted Consolidated Plan (Con Plan). Specifically,
5.9 Packet Pg. 139
the Stanislaus Urban County's CAPER reports on the outcomes, progress, and expenditures of the CDBG, ESG, and Neighborhood Stabilization Program (NSP) programs conducted during the fiscal year, by the members participating in the Stanislaus Urban County; as well as a summary of accomplishments for the non-profit agencies that were awarded public services grants from both CDBG and ESG programs.
In Fiscal Year 2021-2022, the Stanislaus Urban County continued its focus on effectively administering and implementing CDBG, ESG, and NSP programs. Despite the ongoing impacts of the Coronavirus pandemic (COVID-19), HUD funded programs continued to serve the community and assisted in the preparation for and handling of the COVID 19 impacts. HUDfunded infrastructure projects continued with a mixture of preliminary design, engineering, environmental assessments, and construction activities. Non-profits awarded CDBG and ESG funding for delivery of public services and emergency shelter operations continued with downsized operation in response to social distancing and staffing constraints but carried on in order to provide needed services to the communities most vulnerable.
Fiscal Year 2021-2022 is Program Year 2 of the Stanislaus Urban County's Fiscal Year 2020- 2025 Consolidated Plan (Con Plan).
In Fiscal Year 2021-2022, the Stanislaus Urban County received $2,469,380 for CDBG and $212,662 for ESG activities from HUD. The chart below provides a summary of the funding allocation among Stanislaus Urban County members:
5.9 Packet Pg. 140
An additional $28,390 in CDBG program income was received in Fiscal Year 2021-2022 from the repayment of solar installation loans that were provided to previously acquired NSP housing units.
In FY 2021-2022, the City of Patterson continued the planning and engineering for the Washburn Infrastructure Improvements Project. This project includes the installation of curb, gutter, sidewalk and ADA improvements. Costs of the phased project include design, engineering and construction, which is expected to begin in spring 2023. The Washburn Infrastructure Improvements Project is bounded by Washburn street to the north, Tyler Street to the east, Tenbrink Lane to the south, and N. First Street to the west. In FY 2021-2022, a total of $16,842 in CDBG funding was expended on the infrastructure project.
FISCAL IMPACT
There is no fiscal impact to the City General Fund. All administration costs are paid for by CDBG allocations.
5.9 Packet Pg. 141
RESOLUTION 2022-74
A RESOLUTION OF THE
CITY OF PATTERSON CITY COUNCIL CONCURRENCE AND SUPPORT OF THE
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
(CAPER) FOR FISCAL YEAR (FY) 2021-2022 PREPARED FOR THE STANISLAUS
URBAN COUNTY CONSORTIUM
WHEREAS, the Stanislaus County Community Development Block Grant (CDBG) Consortium which includes the cities of Oakdale, Riverbank, Hughson, Newman, Patterson, Ceres, Waterford and unincorporated areas of Stanislaus County have received and expended CDBG funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2021-2022; and,
WHEREAS, the Stanislaus County CDBG Consortium is required by HUD to prepare a Consolidated Annual Performance and Evaluation Report (CAPER) to document progress made in accomplishing goals set forth in the Consolidated Plan and Action Plan; and,
WHEREAS, the CAPER was made available for a 15-day public review period from August 30, 2022 through September 20, 2022 to allow the public the opportunity to review and provide comments prior to the public hearing by the Stanislaus County Board of Supervisors.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Patterson as follows:
1. The City Council hereby adopts a resolution of concurrence and support of the Community Development Block Grant Consolidated Annual Performance and Evaluation Report (CAPER) Fiscal Year 2021-2022 prepared for the Stanislaus County Community Development Block Grant Consortium.
The foregoing resolution was passed by the City Council at a regular meeting held on the 4thth day of October 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:
5.9.a
Packet Pg. 142 Attachment: Resolution No. 2022-74 (Approve Resolution No. 2022-74 CAPER 2021-2022) 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 4 th day of October 2022, and I
further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATE:
________________________________
City Clerk of the City of Patterson
5.9.a
Packet Pg. 143 Attachment: Resolution No. 2022-74 (Approve Resolution No. 2022-74 CAPER 2021-2022) 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: October 4, 2022
ITEM NO: 5.10
SUBJECT: Approving the Response to the Findings and Recommendations of the Approval of the Stanislaus Civil Grand Jury Report Titled Homelessness:
The Elusive Definition of “Success” (Case #22-05GJ)
RECOMMENDATION
Staff recommends the Patterson City Council (“Council”) approve the following responses to the findings and recommendation of the Stanislaus County Civil Grand Jury Report on Homelessness: The Elusive Definition of “Success.”
BACKGROUND
In June 2022, the City of Patterson received a report prepared by the Stanislaus County Civil Grand Jury titled “Homelessness: The Elusive Definition of ‘Success,’” Case # 22-05GJ. The intent of this report is to raise awareness of the scope and magnitude of homelessness in Stanislaus County and how it can be addressed as a community. The report sets forth the Civil Grand Jury’s findings and recommendations. A copy of that report is attached to this staff report (see Attachment 1).
REASONS FOR RECOMMENDATION:
Council is required to provide a formal response to the report’s findings and recommendations. (Pen. Code, §§ 933 & 933.05.) Staff reviewed the report and prepared a proposed response, which is attached for the Council’s review and approval (see Attachment 2).
FISCAL IMPACTS:
5.10 Packet Pg. 144
There are no fiscal impacts associated with the proposed action.
Attachments:
1. Attachment 1 - Grand Jury Report (Homelessness: The Elusive Definition of “Success”)
2. Attachment 2 - Response to the Findings and Recommendations
5.10 Packet Pg. 145
{CW116373.2}
October 4, 2022
Stanislaus Civil Grand Jury
Honorable Robert B. Westbrook
Post Office Box 3488
Modesto, CA 95353
Honorable Robert B. Westbrook,
The City of Patterson acknowledges receipt of the summary report from the Stanislaus Grand Jury Case #22-05GJ – Homelessness: The Elusive Definition of “Success.” On October 4, 2022, the Patterson City Council reviewed and approved the attached responses to the findings and recommendations contained in the report.
Findings:
Based on the request from the 2021-2022 Civil Grand Jury, for the chairperson of the Stanislaus Homeless Alliance (SHA) to response, I put forth the following information.
The information, conclusions and strategies are assumed to be an effort between CSOC, CSA, BHRS, cities, nonprofits, etc.
The SHA has no authority over any of the described organizations but endeavors to act as a co-convener of the system members to bring the change and successes to the homeless system in Stanislaus County
The County CEO office, HSA and Homeless and Housing Department are not signatory to this document nor did they in any way provide input or assistance in the formation of this response.
Furthermore, the participants of the SHA may, or may not, subscribe to some, or all, of the ideas and suggestions put forth in this document.
Background
Homeless Action Plan (see attached) was accepted by the CSOC and SHA (date). Subsequent to that action, a work group was formed by the SCOC and HSA to implement the recommendations of the plan. Further, the goals and subsequent action steps will be the road map moving forward.
The Office of Emergency Services Incident Commend System (ICS) has been adopted for the building of a comprehensive homeless system for Stanislaus County. The workgroup has begun to meet to address the prioritized goals beginning with #1 Affordable Housing, #2 Equity for Participants, and #6 Involve those with lived experience ----- with the other 5 goals will be implemented over the next several years. Annual reports will be developed as we move forward.
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Packet Pg. 146 Attachment: City of Patterson Grand J Response (CW116373-2xDCB25) (Approval of Jury Report Titled Homelessness) {CW116373.2}
F1. The number of homeless in Stanislaus County fluctuates from year to year but is increasing over time. This trend was exacerbated by the COVID -19 pandemic.
Response: Respondent agrees with this finding.
The number of homeless in Stanislaus County fluctuates from year to year but is increasing over time. This trend was exacerbated the COVID-19 pandemic.
Partially agree
Point-in-Time (PIT) data is the metric use for your statement. While the PIT is more than likely accurate as to the trends in homelessness but does not represent verifiable data. The HMIS system, when fully implemented, will provide verifiable data that can be tracked over time to quantify the actual success or failure in the system.
F2. The most significant causes of homelessness are lack of affordable housing, substance abuse, and mental health.
Response: Respondent agrees with this finding. Partially agree Individualssupport/accountability systems degrading due to a myriad of reasons inside and outside the individuals span of control leads to homelessness, coupled with lack of housing, substance abuse and mental health issues. Each individual’s story is different and must be served according to their needs
F3. Efforts to better coordinate the system of care are underway. These include the Stanislaus Homeless Alliance (SHA) at the policy level, and the Homeless Management Information System (HMIS) at the operational level.
Partially agree
Response: Respondent partially agrees with this finding. Stanislaus County Community System of Care (CSOC) is the legal entity that provides oversight of state and federal funds (these fund come with strict parameters for the use of the funds) in the County. SHA implements endeavors to assist with the implementing of CSOC’sthe recommendations of the CSOCand priorities.
F4. Since over half of the homeless each year are in the care system for the first time, efforts to prevent homelessness have not been successful enough. Without greater prevention success, homelessness cannot be reduced.
Response: Respondent agrees with this finding.Wholly agree Formatted: Indent: First line: 0"
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Packet Pg. 147 Attachment: City of Patterson Grand J Response (CW116373-2xDCB25) (Approval of Jury Report Titled Homelessness) {CW116373.2}
As CSOC. CHA and HSA work the ICS structure as outlined in this document, we will begin to see results from the efforts to prevent homelessness. Note that the implementation is over 5 years.
F5. Despite enormous funding for homeless programs and despite the fact that there are many individual successes, overall the system to date has not reduced homelessness.
Response: Respondent agrees with this finding. Partially agree Great strides have taken place in housing for homeless—low barrier shelters, additions to traditional shelters, Kansas House, Housing Authority efforts, HomeKey, etc. projects have provided additional housing and thus a reduction in those who would have been homeless. The Covid issues (which constitutes much of the funding received over the last 3 years) and other economic issues have continued to add to the base numbers of homelessness.
F6. There is insufficient accountability for the effective use of homeless funds. While many agencies are accountable to their funding sources, primary responsibility for measuring accountability and effectiveness rests with the Community Services Agency, the Community System of Care, and the Stanislaus Homeless Alliance.
Response: Respondent partially agrees with this finding. Partially agree AccountablAccountabilitye measures are in place for the use of all homeless funds, all funding as required by the State and Federal funding sources. With that stated, the City agrees there should be improved metrics developed to better determine which operators and programs are meeting the goals identified in the Stanislaus 2021 Regional Strategic Plan to Address Homelessness— provided they are consistent with the guidelines set forth by the funding source. As we implement the ICS system, we will endeavor to please community level accountability that relates to Jobs/Housing placement, case work, etc.
Recommendations:
R1. More accountability needs to be introduced into the system. The Community System of Care, the Stanislaus Homeless Alliance, and the Community Series Agency should take the lead, demand verifiable performance, and focus funding and other resources on those agencies and organizations with demonstrable success. This should be done by jointly adopting a performance evaluation system prior to allocation of the next round of federal homeless funding. Progress on achieving the eight goals set forth in the Stanislaus 2021 Regional Strategic Plan to Address Homelessness should be included in performance evaluations.
Response: Respondent agrees with this recommendation. Partially agree Formatted: Font: (Default) Times New Roman, 12 pt,
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Packet Pg. 148 Attachment: City of Patterson Grand J Response (CW116373-2xDCB25) (Approval of Jury Report Titled Homelessness) {CW116373.2}
See F6 above. Also, inclusion of the 8 goals in the Homeless Action Plan will be included, as they are addressed, in an annual report to the community which will include performance metrics including outcomes related to the funding.
R2. More focus should be given to preventing homelessness. To the extent there are funds not earmarked for other purposes, in the budgeting process of each jurisdiction, priority should be given to allocating these funds for affordable housing, substance abuse treatment, and mental health services.
Response: Respondent partially agrees with this recommendation. While the City agrees that preventing homelessness is a priority, State and Federal funding is highly specific regarding the use of funds. To the extent that the Grand Jury may be suggesting cities use General Fund funds towards these endeavors, most Stanislaus County municipalities fully utilize their funds and rarely have excess funding available. Most funding not spent on public safety are allocated towards funding community related services. Partially agree
The funds that CSOC administrates, have specific uses as deemed by the funding agency. They do not have latitude to use funds outside those guidelines. My hope is that as we develop the system, we will be able to secure funding (public and private) that can be used for programs suited for our county homeless needs not allowed by HUD funding.
R3. All cities in the Country should continually be encouraging the construction of significantly more affordable housing. They should evaluate their plans, procedures, and requirements with the goal of balancing community goals, standards, and aspirations with the need for affordable housing.
Response: This recommendation has already been implemented. Per State law, cities are required to adopt a Housing Element as part of their General Plan. A Housing Element provides an analysis of a community's housing needs for all income levels (including Extremely Low Income, Very Low Income and Low Income) and strategies to provide for those housing needs.
State Law establishes that each city must accommodate its fair share of affordable housing as an approach to distributing housing needs throughout the state. The housing element must document in detail existing conditions and projected needs. It must also contain goals, policies, programs, and quantified objectives that address housing needs over the planning period. The City has a certified Housing Element and is in full compliance with State law.Agree We are in the process, with the joint CSOC and SHA efforts, to assist the cities as it relates to the creation of affordable housing A work group has been formed with a member from each city manager (or designated staff) to work together on providing more affordable housing in the countywide.
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Commented [CS1]: Flagging this for City staff review.
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Packet Pg. 149 Attachment: City of Patterson Grand J Response (CW116373-2xDCB25) (Approval of Jury Report Titled Homelessness) {CW116373.2}
R4. All cities should report annually to the Community System of Care and Stanislaus Homeless Alliance on the steps they have taken to help produce more affordable housing.
Response: Respondent agrees with this recommendation. The City provides annual reports to the State of California Department of Housing and Community Development (HCD) regarding the City’s efforts to implement the Housing Element and if requested will provide this report to the Community System of Care and the Stanislaus Homeless Alliance.
Response: This recommendation is unreasonable and therefore cannot be implemented. The City Council is accountable to its constituents, not unelected Boards where a majority of the members do not live within City. It is unreasonable to expect the City to expend time and resources generating reports to these groups. In situations where the City receives monies to address homelessness and/or the root causes of homelessness, the City will comply with the parameters and reporting requirements attached to the funding source. Wholly agree Stated above
R5. Subsequent civil grand juries are encouraged to monitor progress on these recommendations and consider a more in-depth investigation into efforts to produce affordable housing.
Response: Respondent will cooperate with subsequent grand juries and provide additional information as appropriate.
Response: As mentioned within this report, homelessness is a "growing problem" across the country. The issue has been studied by professionals, academics, governmental organizations, and non-governmental organizations. The matter continues to escalate. These same groups have generated multiple reports on the ongoing challenges of creating affordable housing. Another report or a "more in-depth investigation" in efforts to produce affordable housing would be repetitive and inconsequential. Per the Stanislaus County Grand Jury website, Civil Grand Juries are formed to study citizen complaints. If future committees receive complaints regarding the Stanislaus County Community System of Care and Stanislaus Homeless Alliance and/or the operation thereof, they should consider examining the complaint for validity and work with those groups to assure honest and efficient governance.
Thank you for the opportunity to respond to the Civil Grand Jury’s findings and recommendations.
If you have any questions, please feel free to contact me.
Regards,
Dennis McCord
Mayor
Commented [CS2]: OPTION 1 -- this is one approach a
city has taken. The benefit of this approach is that it shows the City's willingness to comply with the Civil Grand Jury's recommendation without agreeing to create new reports.
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Commented [CS3]: OPTION 2 -- this is another, more
aggressive approach that a city has taken
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Packet Pg. 150 Attachment: City of Patterson Grand J Response (CW116373-2xDCB25) (Approval of Jury Report Titled Homelessness) {CW116373.2}
cc: Ken Irwin, City Manger
Nubia Goldstein, City Attorney
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Packet Pg. 151 Attachment: City of Patterson Grand J Response (CW116373-2xDCB25) (Approval of Jury Report Titled Homelessness)
STANISLAUS COUNTY
2021-2022 CIVIL GRAND JURY
FINAL REPORT
JUNE 2022
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Packet Pg. 152 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 2 5.10.b
Packet Pg. 153 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 3 The Honorable Judge Robert Westbrook,
It is with great pleasure that the Civil Grand Jury submits this report. The Jury brought great passion to its role as a watchdog of local government, hoping to help build confidence in our civic affairs. The matters investigated by this Jury span a wide range of topics, reflecting the diversity of the Jurors and the challenges facing our County. Some of the investigations are mandated by state law. These are observing local criminal justice and public safety facilities, and reviewing County accounts and records.
Two of the reports examine how well local agencies are performing. These cover the Eastside Mosquito Abatement District and the agencies with a role in addressing homelessness. For the third time in recent years the Jury investigated implementation of the transportation sales tax, Measure L. For the second time in recent years the Jury investigated the Riverbank Language Academy. In both cases the focus was on how transparently the agencies are functioning.
Two investigations focused on how local agencies are preparing themselves and their citizens for the future. One looks at how well school districts are providing career and technical education to English language learners and continuation high school students. The other explores how two cities are preparing for a future with either less water or even more drastic swings between wet and dry years. Local governments must deal with both current and future challenges.
Finally, we reviewed the responses from public agencies to the prior Jury’s findings and recommendations. This is an essential part of a Jury’s responsibility, maintaining the effectiveness of the grand jury process.
While the Jury made findings that at times are critical of local government performance, we were impressed with the high caliber of the governmental representatives we interviewed.
Michael C. Herrero, Foreperson
Stanislaus County Civil Grand Jury
Post Office Box 3387 Modesto, California 95353 (209) 525-4252 Fax (209) 558-8170
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Packet Pg. 154 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 4 TABLE OF CONTENTS
Civil Grand Juries …………………………………………………………………....5
Homelessness: The Elusive Definition of Success………………………………….....7 Measure L Transparency ……………………………………………………………19
Career and Technical Education Programs for At-Risk Students …………………..29 Riverbank Language Academy: The Brown Act and Other Observations …………45 The Future of Urban Water Supply and Demand …………………………………..57 The Eastside Mosquito Abatement District ……………………………………… 69 Public Safety Facility Tours ………………………………………………………..87
Election Observations ………………………………………………………………95
Summary of Responses to the 2020-2021 Civil Grand Jury’s Final Reports ………97 Report on the Stanislaus County Annual Financial Report ………………………127 The 2021-2022 Stanislaus County Civil Grand Jury
Patricia Brown, Modesto Colleen Preston, Modesto
Maria Castillo, Ceres Paul Rigmaiden, Modesto
Catherine Cox, Westley Daa-iyah Salahuddin, Ceres
Marleen Dhallin, Turlock Larry Sanders, Turlock
Michael Herrero, Foreperson, Modesto Paul Troop, Oakdale Lynne Kellner, Recording Secretary, Modesto Tom Vanderveen, Modesto Tim Kerr, Modesto Jan Viss, Foreperson Pro Tem, Modesto Jay McReynolds, Modesto
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Packet Pg. 155 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 5 Civil Grand Juries
The California Constitution requires that each county in the state have at least one grand jury annually. These juries can be either criminal or civil in nature. In Stanislaus County criminal grand juries are created on an as needed basis. But every year the Superior Court empanels a group of nineteen citizens to form a civil grand jury, an independent judicial body.
The function of a civil grand jury is to conduct investigations into the functioning of the County, cities, special districts, school districts and other public agencies within Stanislaus County.
Investigations have three sources. Under state law there are several subjects which the Jury is required to undertake each year. The second source is citizen complaints. The Jury has a complaint form, which can also be found at the Superior Court website or obtained from the Jury office, allowing citizens to request that the Jury undertake an investigation. Finally, the Jurors themselves may identify matters to be investigated.
The range of matters investigated by civil grand juries in Stanislaus County over the years is enormous. It includes the finances and operations of cities, the County, and special districts such as fire districts, sanitary districts, mosquito abatement districts, and healthcare districts. It includes school and irrigation districts and their governing boards. The conduct of individual elected and appointed officials has been investigated. Functions such as public transit, elections, landfills, disaster preparedness, animal control, hazardous materials handling, child protection services, public housing, and the operations of public safety departments are among the many subjects that have been investigated.
Grand jurors must be citizens of the United States, at least eighteen years of age, and residents of Stanislaus County for one year. The term of a civil grand jury is one year, from July 1 to June
30. Citizens interested in becoming civil grand jurors should fill out and return an application which can be found at the Stanislaus County Superior Court website. Applications are due by April 15 each year. Applicants are interviewed by the Superior Court, and ultimately selected at random like a regular jury.
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Packet Pg. 156 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 6 5.10.b
Packet Pg. 157 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 7 HOMELESSNESS: THE ELUSIVE
DEFINITION OF SUCCESS
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Packet Pg. 158 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 8 Homelessness: The Elusive Definition of “Success”
2021-2022 Stanislaus County Civil Grand Jury
Case #22-05GJ
SUMMARY
Homelessness is a growing problem around the country. Stanislaus County is no exception.
Homeless is defined as an individual or family lacking a fixed, regular, and adequate nighttime residence.
Unemployment, lack of affordable housing, poverty, mental health, substance abuse, domestic abuse and family conflict are among the contributing causes. The public and private efforts to address homelessness are as diverse as its causes.
The Stanislaus County Civil Grand Jury (SCCGJ) identified dozens of public agencies, private organizations, and non-profits working in this arena. It is hard to evaluate coordination, effectiveness, and accountability when efforts are so fragmented.
The SCCGJ found that while efforts to coordinate all these agencies and their activities are being pursued, accountability is lacking. Given the significant dollars spent to address homelessness, this lack of accountability is problematic and can undermine the public’s confidence in our public agencies.
This report aims not to get into all the specific details as to where the money is coming from and where it is going. Rather, the SCCGJ intends to raise awareness of the scope and magnitude of this issue and how we as a community address it. Failings concerning how our community deals with homelessness is not unique to Stanislaus County, but nevertheless Stanislaus County needs to be more successful.
METHODOLOGY
The SCCGJ reviewed numerous reports, publications and plans developed over the last few decades by local, state and federal agencies. It researched local private and non-profit organizations fighting homelessness. It requested and received information and materials from both the public and private entities. It interviewed representatives of both the public agencies and private organizations.
BACKGROUND
Organization For decades there have been organized efforts to combat homelessness. The efforts began with a federally required organization called the “Continuum of Care” to track homeless individuals and families over thirty years ago.
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Packet Pg. 159 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 9 In 2001 Stanislaus County and the City of Modesto recognized the Continuum as the planning and coordinating body for homeless programs and services. In 2015 the Homeless Action Council was formed to reduce and prevent homelessness.
In 2017 the Continuum and Homeless Action Council merged to create the Stanislaus County Community System of Care (CSOC).
In 2019 the Stanislaus Homeless Alliance was created to provide one vision, one program strategy, one funding strategy, and one annual report card to communicate performance outcomes.
In 2019 Stanislaus County created a Homeless and Housing Services Division in the Community Services Agency. Several cities have also designated staff to work on homelessness.
Plans Numerous plans have been adopted over the years to address homelessness. The most recent is the Stanislaus 2021 Regional Strategic Plan to Address Homelessness.
Many agencies, organizations and non-profits have programs to address homelessness. These programs include emergency shelters, transitional shelters which provide a bridge between emergency and permanent housing, permanent housing, and rental assistance.
For example, at the County level, the Community Services Agency, the Behavioral Health and Recovery Services Agency, the Health Services Agency, the Planning and Community Development Department, and Chief Executive Office are all involved in addressing homelessness.
Appendix A contains a non-exhaustive list of key homeless and housing programs and services in the County as documented in the Stanislaus 2021 Regional Strategic Plan to Address Homelessness.
Funding There are at least seventeen federal and state sources that must or can be used to fund homeless programs (see Appendix B). Funding for homeless efforts increased dramatically during the pandemic. The SCCGJ was able to identify a minimum of $30 million in state and federal funding allocated to these efforts in Stanislaus County over a recent three year period, and the amount is likely to be higher. Significant private funding has also occurred.
Coordination Since 1988 there have been several efforts to coordinate services. The latest attempt was the creation of the Stanislaus Homeless Alliance. The Alliance’s Board is comprised of elected officials from throughout the County. A key mission of the Alliance is “…to coordinate development of a shared performance measurement system to assess effectiveness, quality, efficiency, access, and availability of homeless services throughout Stanislaus County.”
The County’s Community Services Agency operates the Homeless Management Information System, a searchable database of information on homeless individuals. Data is entered into the system by service providers, creating a single source of information on homeless individuals.
This system can provide analysis of how families and households move through the homeless care system over time, as well as reports on overall system performance.
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Packet Pg. 160 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 10 The question could be asked, “Do we judge programs based on their good intent, or on the actual outcomes?” The SCCGJ acknowledges that the programs and funds currently used to address homelessness help many individuals and families. The concern of the SCCGJ is whether the funds come attached with a way to assess if there has been progress toward reducing or ending homelessness.
DISCUSSION
Efforts to address homelessness fall into two categories. The first category is getting people off the streets and into shelter. Many of the programs in Stanislaus County fall into this category.
The SCCGJ refers to these as the service programs.
The second category is combating the underlying causes of homelessness. The SCCGJ refers to these as the prevention programs.
Point-in-Time Counts Agencies receiving federal funds for homelessness are required to annually conduct a count of the homeless during a single twenty-four-hour period. This is done the same night throughout the United States. While the methods for these counts have changed over time, and recently were complicated by the COVID-19 pandemic, they provide a ballpark estimate of the number of homeless. The following table shows the Point-in-Time counts for Stanislaus County since 2005, showing the total numbers, total in emergency shelters, total in transitional shelters, total unsheltered, and percentage unsheltered.
Stanislaus County Point-In-Time Counts
Year Total
In
Emergency In Transitional Unsheltered
%
Unsheltered
Shelters Housing
2005 1,613 484 194 935 58%
2010 1,800 496 305 999 56%
2015 1,408 558 167 693 49%
2016 1,434 566 138 730 51%
2017 1,661 683 157 821 49%
2018 1,356 578 172 606 45%
2019 1,923 662 173 1,088 57%
2020 2,107 803 217 1,087 52%
2021 2,900*
*2021 number is initial estimate
There are homeless individuals throughout the County, with over 80% living in the greater Modesto-Riverbank-Empire area.
Homeless by Community 2020
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Packet Pg. 161 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 11 Modesto 1,592
Turlock 232
Patterson 78
Empire 77
Oakdale 36
Ceres 29
Riverbank 26
Newman 21
Denair 7
Waterford 6
Salida 2
Hughson 1
Among the homeless identified in the 2020 Point-in-Time count:
18% had mental health issues
19% suffered from substance abuse
7% were victims of domestic violence
Over 5% were unaccompanied youth
Over 60% had been in jail, prison, or juvenile detention 25% spent time in a treatment center
12% had been in foster care
In 2020 over half of those receiving homeless services were doing so for the first time. There is not a large influx of homeless from other regions into the county. The vast majority of those receiving homeless services in Stanislaus County are from our County.
Several service providers interviewed noted that on any given night there is a surplus of emergency shelter beds. The challenge is getting them filled.
The most recent homeless plan, the Stanislaus 2021 Regional Strategic Plan to Address Homelessness, recommended the following eight goals:
Increase availability of permanent housing for people experiencing homelessness Increase access to and availability of mental health, substance abuse treatment, and other supportive services to increase housing stability and well-being Achieve equity in governance, outreach, provision of services, program participation, and outcomes while improving outreach, care and culturally attuned services to vulnerable and historically underserved populations Increase coordination of services, access, and information to build capacity across the homeless system of care
Increase pathways to essential community services that support self-sufficiency Increase participation of people with lived experience of homelessness in decision-making and feedback processes across the homeless system of care Strategically support homelessness prevention, diversions, and rapid resolution
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Packet Pg. 162 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 12 Improve coordination of homeless programs to further public health and safety in support of community standards and increased access to services for people experiencing homelessness
COMMENDATION
The SCCGJ salutes all the public agencies and private organizations working to alleviate homelessness. The recommendations which follow are meant to help these agencies and organizations as they address this complicated and challenging task.
FINDINGS
F1. The number of homeless in Stanislaus County fluctuates from year to year but is increasing over time. This trend was exacerbated by the COVID-19 pandemic.
F2. The most significant causes of homelessness are lack of affordable housing, substance abuse, and mental health.
F3. Efforts to better coordinate the system of care are underway. These include the Stanislaus Homeless Alliance at the policy level, and the Homeless Management Information System at the operational level.
F4. Since over half of the homeless each year are in the care system for the first time, efforts to prevent homelessness have not been successful enough. Without greater prevention success, homelessness cannot be reduced.
F5. Despite enormous funding for homeless programs, and despite the fact that there are many individual successes, overall the system to date has not reduced homelessness.
F6. There is insufficient accountability for the effective use of homeless funds. While many agencies are accountable to their funding sources, primary responsibility for measuring accountability and effectiveness rests with the Community Services Agency, the Community System of Care, and the Stanislaus Homeless Alliance.
RECOMMENDATIONS
R1. More accountability needs to be introduced into the system. The Community System of Care, the Stanislaus Homeless Alliance, and the Community Services Agency should take the lead, demand verifiable performance, and focus funding and other resources on those agencies and organizations with demonstrable success. This should be done by jointly adopting a performance evaluation system prior to allocation of the next round of
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Packet Pg. 163 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 13 federal homeless funding. Progress on achieving the eight goals set forth in the Stanislaus 2021 Regional Strategic Plan to Address Homelessness should be included in performance evaluations.
R2. More focus should be given to preventing homelessness. To the extent there are funds not earmarked for other purposes, in the budgeting process of each jurisdiction, priority should be given to allocating these funds for affordable housing, substance abuse treatment, and mental health services.
R3. All cities in the County should continually be encouraging the construction of significantly more affordable housing. They should evaluate their plans, procedures, and requirements with the goal of balancing community goals, standards, and aspirations with the need for affordable housing.
R4. All cities should report annually to the Community System of Care and Stanislaus Homeless Alliance on the steps they have taken to help produce more affordable housing.
R5. Subsequent civil grand juries are encouraged to monitor progress on these recommendations and consider a more in-depth investigation into efforts to produce affordable housing.
REQUIRED RESPONSES
The following responses are required within sixty days after receipt of this report per Penal Code §933 and §933.05.
Director of the Stanislaus County Community Services Agency: F1, F2, F3, F4, F5, F6, R1, R2, R3, R4,
Chairperson, Community System of Care: F1, F2, F3, F4, F5, F5, R-1, R2, R3, R4
Chair, Stanislaus Homeless Alliance: F1, F2, F3, F4, F5, F6, R1, R2, R3, R4 The following responses are required within ninety days after receipt of this report per Penal Code §933 and §933.05.
Modesto City Council: F1, F2, F3, F4, F5, F6, R1, R2, R3, R4 Turlock City Council: F1, F2, F3, F4, F5, F6, R1, R2, R3, R4 Ceres City Council: F1, F2, F3, F4, F5, F6, R1, R32, R3, R4 Riverbank City Council: F1, F2, F3, F4, F5, F6, R1, R2, R3, R4 Oakdale City Council: F1, F2, F3, F4, F5, F6, R1, R2, R3, R4 Patterson City Council: F1, F2, F3, F4, F5, F6, R1, R2, R3, R4 Newman City Council: F1, F2, F3, F4, F5, F6, R1, R2, R3, R4 Hughson City Council: F1, F2, F3, F4, F5, F6, R1, R2, R3, R4
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Packet Pg. 164 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 14 Waterford City Council: F1, F2, F3, F4, F5, F6, R1, R2, R3, R4 These responses shall be submitted to:
Honorable Robert B. Westbrook
Presiding Judge, Superior Court of California, County of Stanislaus P.O. Box 3488
Modesto, CA 95353
DISCLAIMER
This case, #22-05GJ, is issued by the 2021-2022 Stanislaus Couty Civil Grand Jury with the following exception: a member of the jury voluntarily recused due to a potential conflict of interest. This juror was excluded from all phases of the investigation, including interviews, deliberations, voting, writing, and approval of this report. None of the information included in this report was obtained from the recused juror to prevent any potential bias in the report.
Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury.
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Packet Pg. 165 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 15 Appendix A: Homeless Agencies, Non-Profits, Programs, and Services Sources: Stanislaus 2021 Regional Strategic Plan to Address Homelessness and Civil Grand Jury Research
Emergency Shelter:
Community Housing and Shelter Services
Family Promise of Greater Modesto
Modesto Gospel Mission
Salvation Army
Turlock Gospel Mission
Haven’s Women’s Center
We Care (Turlock)
Turning Point
Helping Others Sleep Tonight
Children’s Crisis Center
Stanislaus County Affordable Housing Corporation
Oakdale Rescue Mission
HOST House (Patterson)
Naomi’s Place (Patterson)
Seasonal Shelter:
Stanislaus County Housing Authority
Stanislaus County Affordable Housing Corporation
Transitional Housing:
Center for Human Services
Cambridge Academy through HOST House and Naomi’s Place Community Impact Central Valley
Rapid Re-Housing
Center for Human Services
Family Promise
We Care
WestCare
Catholic Charities of the Dioceses of Stockton
Community Shelter and Housing Services
Permanent Supportive Housing
5.10.b
Packet Pg. 166 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 16 Community Housing and Shelter Services
Stanislaus County Affordable Housing Corporation
We Care
Community Impact Central Valley
Stanislaus County Housing Authority
Turning Point
Day Center
Modesto Gospel Mission
Turlock Gospel Mission
Turning Point
Shower and Laundry Services
What Would Jesus Do Ministry
Public Agencies with programs or roles in addressing homelessness:
Stanislaus County Community Services Agency
Stanislaus County Health Services Agency
Stanislaus County Behavioral Health and Recovery Services Stanislaus County Planning and Community Development Department Stanislaus County Chief Executive Office
City of Modesto
City of Patterson
City of Riverbank
City of Turlock
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Packet Pg. 167 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) 17 Appendix B: Funding Sources for Homeless Programs and Services Sources: Stanislaus 2021 Regional Strategic Plan to Address Homelessness and Civil Grand Jury Research
Following are some of the large number of funding sources that are either targeted at or can be used for homeless services.
Federal:
Community Development Block Grants (CDBG)
Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Emergency Solutions Grants (ESG)
CARES, multiple rounds of pandemic relief funds
Department of Veterans Affairs Supportive Housing Program Administration for Children and Families
State of California
CalWORKs Housing Support Program (HSP)
California Emergency Solutions and Housing Funds (CESH) Homeless Coordinating and Financing Council (HCFC)
Homeless Emergency Aid Program (HEAP)
Homeless Housing, Assistance and Prevention Program (HHAP) Homeless Youth Emergency Services and Housing Program Human Trafficking Victim Assistance Program
Housing and Disability Advocacy Program (HDAP)
HomeKey Program
Housing Opportunities for Persons with AIDS
No Place Like Home (NPLH)
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Packet Pg. 168 Attachment: Stanislaus County Civil Grand Jury Report (CW116381xDCB25) (Approval of Jury Report Titled Homelessness) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Dennis McCord, Mayor
MEETING DATE: October 4, 2022
ITEM NO: 6.1
SUBJECT: Proclamation - Cyber Security Month (Mayor McCord)
RECOMMENDATION
This item is informational. No action needed.
6.1 Packet Pg. 169
Proclamation
A Proclamation of the City Council
of the City of Patterson
Honoring Cyber Security Month
WHEREAS, the City of Patterson recognizes it has a vital role in identifying, protecting, and responding to cyber threats that may have a significant impact on our residents and collective security and privacy; and WHEREAS, individuals, businesses, nonprofits, government organizations, academic institutions, and the local economy has become increasingly reliant on information systems and technology to conduct business, engage in commerce, access information, communicate, and provide essential services; and WHEREAS, cyber threats continue to increase and the impact of cyberattacks has been debilitating to individuals and organizations, and cybersecurity education and awareness are crucial for any individual or organization; and WHEREAS, digital inclusion is vital to employment participation, economic development, educational achievement, social and civic inclusion, health and wellbeing; and WHEREAS, a whole community effort is necessary to ensure that all residents of Patterson have the skills and opportunity to benefit from digital citizenship; and
WHEREAS, maintaining the security of cyberspace is a shared responsibility in which we all have a critical role to play by making ourselves aware of cyber threats and cybersecurity essentials and adopt industry best practices that will improve the security of the City of Patterson, its residents, local businesses and economy; and WHEREAS, Cybersecurity Awareness Month was launched by the National Cyber Security Alliance & the U.S.
Department of Homeland Security in October 2004 and now recognized by thousands of organizations including the Federal Government, the Multi-State Information Sharing and Analysis Center, and the National Association of State Chief Information Officers; and
WHEREAS, the national cybersecurity public awareness campaign – STOP. THINK. CONNECT.™ – is implemented through a coalition of private companies, non-profits, government organizations, and academic institutions, and is dedicated to increasing the public's understanding of cyber threats and empowering all Americans to better protect themselves from phishing, viruses, malware, financial loss, and loss of sensitive data; and WHEREAS, the City of Patterson has developed an effort to promote good cyber practices though guidance and resources and will promote innovation, strengthen cybersecurity investment, and enhance resilience; NOW, THEREFORE, BE IT RESOLVED that I Dennis McCord, by the virtue of authority vested in me as Mayor of the City of Patterson, California, do hereby officially proclaim “October 2022” as "Cybersecurity Awareness Month" in Patterson. We call upon all employees, residents, and visitors of Patterson to become educated about cybersecurity and put that knowledge into practice to keep our connected community safe from cyber threats.
IN WITNESS, HEREOF, I have hereunto set my hand and caused the official seal of the City of Patterson to be affixed this 4th day of October 2022. ____________________________
Dennis McCord
Mayor
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Packet Pg. 170 Attachment: Proclamation (Cyber Security) (Proclamation - Cyber Security Month) 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: October 4, 2022
ITEM NO: 7.1
SUBJECT: Approve First Reading and Introduction of Ordinance No. 865 Reading by Title Only, Waiving Further Readings, an Ordinance of the City Council of the City of Patterson, Amending Title 15-Building and Construction of the Patterson Municipal Code, and adopting by reference, The California Code of Regulations Title 24, 2022 edition of the California Buildings Standards Code.
RECOMMENDATION
Motion to Approve First Reading and Introduction of Ordinance No. 865 Reading by Title Only, Waiving Further Readings, an Ordinance of the City Council of the City of Patterson, Amending Title 15-Building and Construction of the Patterson Municipal Code, and adopting by reference, The California Code of Regulations Title 24, 2022 edition of the California Buildings Standards Code.
BACKGROUND
The model building codes are updated every three years. This allows for the codes to improve and adjust to the newest materials, methods of construction and technological advances in the industry.
ANALYSIS
The California Building Standards Commission adoption of the 2022 code comes after a comprehensive multi-state agency and stakeholder update of the 2019 building codes.
The objective is to produce a practical building code that ensures public safety first and foremost while implementing the most efficient technology available to conserve the state’s natural
7.1 Packet Pg. 171
resources and energy use. California’s building code is applied to virtually every commercial and residential structure in the state.
The new 2022 California Building Standards Code contains thirteen parts that incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. These parts incorporate the latest national standards in the International Building, Residential and Fire Codes, California Green Building Code, California Energy Code, National Electrical Code, and the Uniform Mechanical and Plumbing Codes. Along with the usual Energy and Green code updates, below are a few noteworthy updates:
· Permit expiration has been extended from 6-months to 12-months. Every permit shall remain valid if the work on the site is commenced within 12-months after its issuance. · Aging-in-place design and fall prevention has been added for new residential construction. Added to address specific design elements to facilitate access to operational features and to allow people to stay longer in their homes as they age. · Expanding Electric Vehicle Charging requirements to install EV charging receptacles and chargers to new multifamily dwellings, hotels, and motels.
Health and Safety Code Section 18941.5 mandates that the Building Standards contained in the 2022 California Building Standards Code shall be effective 180 days after publication by the California Building Standards Commission. If these codes are not adopted by ordinance, they become effective by default without any amendments. The proposed effective date for the City of Patterson will be January 1, 2023. As part of the adoption process this department has made every effort to notify all affected parties of the proposed changes.
7.1 Packet Pg. 172
ORDINANCE NO. 865
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON, AMENDING TITLE 15 BUILDINGS AND CONSTRUCTION OF THE CITY OF
PATTERSON MUNICIPAL CODE, AND ADOPTING BY REFERENCE, THE CALIFORNIA CODE OF REGULATIONS TITLE 24, 2022 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE
And amending those portions of the California Code of Regulations Title 24 as identified herein:
The City Council of the City of Patterson does ordain as follows:
Section 1: That Title 15, of the City of Patterson Municipal Code be amended as stated in Attachment “A”, attached hereto and made a part hereof by this reference.
Section 2: Necessity and Findings: The amendment is reasonably necessary because of the following local climatic, geological, or topographical conditions: the City of Patterson is within a seismic area, local soil conditions can be expansive, the City of Patterson can have hard water which is corrosive to ferrous and non-ferrous metals;
Section 3: Purpose and Authority: The purpose of this Ordinance is to adopt by reference the 2022 edition of the California Building Standards Code, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, & 12 of the California Code of Regulations, subject to the definitions, clarifications, and the amendments set forth in this Ordinance. The purpose of this Ordinance is also to provide minimum requirements and standards for the protection of the public safety, health, property, and welfare of the City of Patterson. This Ordinance is adopted under the authority of Government Code Subsection 50022.2 and Health and Safety Code Section 18941.5.
Section 4: Effective Date and Publication
This Ordinance shall take effect on January 1, 2023, after its adoption, published in summary format prior to adoption and within fifteen (15) days after its adoption in a newspaper of general circulation published and circulated in the City of Patterson.
Section 5: Amendment. Title 15 of the Patterson Municipal Code is hereby amended and restated to read as follows:
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Packet Pg. 173 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Attachment “A”
Title 15
BUILDINGS AND CONSTRUCTION
Chapters:
15.04 California Building Code
15.06 California Energy Code
15.08 Fire Zones (No Changes)
15.10 Repealed
15.12 Repealed
15.14 California Plumbing Code
15.16 Repealed
15.18 California Electrical Code
15.20 California Fire Code
15.22 Repealed
15.24 Moving Buildings (No Changes)
15.26 Installation of Curbs, Gutters and Sidewalks (No Changes)
15.28 Repealed
15.30 Repealed
15.32 Signs and Sign Structures (No Changes)
15.36 Housing Code (No Changes)
15.38 Historical Building Code
15.39 California Existing Building Code
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Packet Pg. 174 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption)
15.40 Repealed
15.42 California Mechanical Code
15.44 Dangerous Buildings Code (No Changes)
15.46 California Residential Code
15.48 Water-Efficient Landscape (No Changes)
15.50 California Green Building Standards Code
15.52 Repealed
15.54 California Administrative Code
15.56 California Reference Standard Code
15.58 Repealed
15.59 Small Residential Rooftop Solar Permitting Procedures (No Changes)
15.60 Electric Vehicle Charging Station Permitting Procedures (No Changes)
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Packet Pg. 175 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.04
CALIFORNIA BUILDING CODE
Sections:
15.04.010 Adoption.
15.04.020 Purposes.
15.04.030 Definitions.
15.04.040 Scope and administration.
15.04.050 Board of appeals—Designated.
15.04.060 Violations and notices and orders of building official.
15.04.070 Appeal of violations and notices and orders of the building official.
15.04.080 Board of appeals—Generally.
15.04.090 Disabled access board.
15.04.100 Foundations.
15.04.110 Storm water drainage requirements.
15.04.120 Validity.
15.04.010 Adoption.
Those certain documents in book form entitled 2016 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volume 1, Chapter 1—Division II, Chapters 2 through 12, and Chapters 14 through 15 and 2016 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volume 2, Chapters 16 through 28, Chapter 30, Sections 3001.1 and 3001.3, Chapter 31, Section 3114b.1 Exception 2, and Chapters 32 through 35 together with Appendices G, H, I, J, and K, and P thereto based on the 2015 2021 International Building Code as approved and copyrighted by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833-2936 and published by the International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001, one copy of which documents is now on file in the office of the city clerk of the city of Patterson, except as to portions thereof are herewith specifically amended, deleted and added to, are hereby adopted by reference together as “California Building Code of the City of Patterson,” and from the date on
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Packet Pg. 176 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Patterson. (Ord. 798 Att. A (part), 2017:
Ord. 760 § 1, 2014: Ord. 728 § 1, 2012: Ord. 693 § 1, 2008).
15.04.020 Purposes.
The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Patterson; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 760 § 2, 2014: Ord. 728 § 2, 2012: Ord. 693 § 2, 2008).
15.04.030 Definitions.
A. The name “Patterson” and/or “California” shall be inserted in the appropriate places provided therefor in each and every section of this code wherever the city or the state is left blank.
B. The term “building official” shall include the term “building inspector.” (Ord. 798 Att. A (part), 2017: Ord. 760 § 3, 2014: Ord. 728 § 3, 2012: Ord. 693 § 3, 2008).
15.04.040 Scope and administration.
Chapter 1, Division II, Sections 105.5, 107.2.5.1, 110.3.10.1, 111.3 and 112.2 of the California Building Code, Title 24, Part 2, Volume 1 as set forth in said code are amended as follows:
Section 105.5
105.5 Expiration. Every permit issued by the Building Official under provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) calendar days from the date of said permit, or if such building or work authorized by such permit is suspended or abandoned at any time after the work has commenced for a period of one hundred eighty (180) calendar days, or if the building or work authorized by such permit is not completed seven hundred thirty (730) calendar days from the date of such permit. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half (1/2) the amount required to obtain a new permit for such work provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment as not exceeded one (1) year.
Any permittee holding an unexpired permit may apply for an extension of time within which he may commence the work under that permit when he is unable to commence work within the time required by this Section for good and satisfactory reasons. The Building Official may extend the time of action by the permittee for a period not exceeding one hundred eighty (180) calendar
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Packet Pg. 177 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once.
In order to renew action on a permit after expiration, the permittee shall pay a new permit fee.
Section 107.2.5.1.
107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Title 17 of the Patterson municipal code.
Section 110.3.10.1
110.3.10.1 If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Title 17 of the Patterson municipal code shall be submitted to the building official prior to the final inspection.
Section 111.3
111.3 Temporary Occupancy. If any building or structure, including Group R3 or U occupancy, is to be occupied with the approval of the Building Official prior to the final inspection and/or final corrections, the occupant, owner, and contractor shall sign a Temporary Certificate of Occupancy prior to occupying the building agreeing to make all corrections required and/or listed within forty five (45) calendar days of occupancy. If corrections are not completed within forty-five (45) calendar days, the Building Official shall have the authority to request the immediate discontinuance of the electrical service and/or the gas service by the appropriate utility and may file a notice on noncompliance with the County Recorder. The notice of noncompliance shall be removed by the Building Official only after all items requiring correction are completed.
Section 112.2
112.2 Temporary connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.
Temporary electrical or gas connection to the electrical or gas source for a period not to exceed forty-five (45) calendar days may be granted prior to the final inspection if in the opinion of the Building Official the service is safe. If after forty-five (45) calendar days the structure or building has not passed final inspection, the Building Official shall have authority to request the serving utility to disconnect the service.
(Ord. 798 Att. A (part), 2017: Ord. 760 § 4, 2014).
15.04.050 Board of appeals—Designated.
Chapter 1, Division II, Section 113 of the California Building Code, Title 24, Part 2, Volume 1 as set forth in said code is amended and added to as follows:
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Packet Pg. 178 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Section 113 Board of Appeals
The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from the Administrative Authority. Any person dissatisfied with any decision of the building official may appeal in writing to the City Council of the City of Patterson, which statement shall specify the grounds of such dissatisfaction and shall set forth the address of appellant to which notice may sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing a time not later than the next regular meeting of the Council and shall notify the appellant by mail of such hearing, and the such hearing may take evidence as it shall deem proper, and shall render all decisions and finding in writing to the building official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims.
The decision of the City Council on such appeal shall be final.
The City Council may, at its discretion, delegate and appoint a Board of Appeal and/or a Disabled Access Board as described in Sections 114.9-114.13, 117 and/or Section 118 adopted by this Code and serve at its pleasure.
(Ord. 798 Att. A (part), 2017: Ord. 760 § 5, 2014).
15.04.060 Violations and notices and orders of building official.
Chapter 1, Division II, Section 114 of the California Building Code, Title 24, Part 2, Volume 1, is amended by adding sections thereto, to read:
Section 114 - Violations and Notices and Orders of Building Official 114.1 First Notice - Commencement of Proceedings. When the Building Official has inspected or caused to be inspected any building and has found and determined that such building is substandard or a dangerous building, the Building Official shall commence proceedings to cause the repair, vacation or demolition of the building.
114.2 Notice and Order. The Building Official shall issue a notice and order notifying the owner of the building and any mortgagee or beneficiary under any deed of trust, of record, as follows:
114.2.1. The street address and a legal description sufficient for identification of the premises upon which the building is located.
114.2.2 A statement that the Building Official has found the building to be substandard or dangerous shall state the conditions causing the building to become substandard or dangerous in violation of Section 116 of this code or as defined by the Housing Code or Dangerous Buildings Code as adopted by the City, and shall order the building, or portion thereof, vacated and shall institute proceedings for the correction or abatement thereof, either by demolition, closing or repair, within 30 days after the date of the notice. If, in the opinion of the Building Official, these conditions can be corrected or abated by repair thereof the notice shall state the repairs which will be required.
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Packet Pg. 179 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 114.2.2.1 If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within 30 days from the date of the order and completed within such time as the building official shall determine is reasonable under all of the circumstances. 114.2.2.2 If the Building Official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within 30 from the date of the order.
114.2.2.3 If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within 30 days from the date of the order, that all required permits be secured therefor within 30 days from the date of the order and that the demolition be completed within such time as the building official shall determine is reasonable.
114.2.3 If the building is encumbered by a mortgage or deed of trust, of record, and the owner of the building has not complied with the order of the Building Official on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30-day period, comply with the requirements of the order of the Building Official, in which event the cost to the mortgagee or beneficiary shall be added to and become a part of, the lien secured by the mortgage or deed of trust, and shall be payable at the same time and in the same manner as may be prescribed in the mortgage or deed of trust for the payment of any taxes advanced or paid by the mortgagee or beneficiary for and on behalf of the owner.
114.2.4. If the order of the Building Official has not been complied with on or before the expiration of 45 days after the mailing and posting of the notice, Building Official may institute an appropriate action or proceeding to correct or abate the condition, as would be taken to correct or abate any nuisance or any violation of any other provision of this code or, as an alternative procedure, the Building Official may institute proceedings for the abatement of the nuisance, after notice and hearing, before the Board of Appeals as described in Section 113 of this Code. 114.2.5. Statements advising (1) that any person having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the Board of Appeals, provided the appeal is made in writing as provided in this code, and filed with the building official within 30 days from the date of service of such notice and order, and (2) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
114.3 Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records:
114.3.1 The holder of any mortgage or deed of trust or other lien or encumbrance of record;
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Packet Pg. 180 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 114.3.2 the owner or holder of any lease of record;
114.3.3 any tenant within the building;
114.3.4 and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.
114.4 Method of Service. Service of the notice and order may be made upon all persons entitled thereto either by personal delivery or by certified mail, return receipt requested. Service may be made upon the record owner at his/her/their address as it appears on the last equalized assessment roll of Stanislaus County recorded documents or as known to the Building Official. A copy of the notice and order and any amended or supplemental notice of violation or notice and order shall also be posted on the premises.
114.4.1 In lieu of personally serving the owner or service by certified mail, service of the notice and order and any amended or supplemental notice and order may be made as follows:
114.4.1.1 In the event that the owner refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:
114.4.1.2 By leaving a copy during usual business hours in the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;
114.4.1.3 By leaving a copy at the recipients dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing, by first class mail, a copy to the recipient at the address where the copy was left.
114.4.1.4 Posting on place of business in visible location. 114.4.2 In the event the owner refuses to accept certified return receipt mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be as set forth in section 114.4.1.4 above upon the property manager or rental agency.
114.4.3 If the owner lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.
114.4.4 If the owner of the property cannot be located, or service cannot be effected as set forth in this Section, service may be made by publication in a newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
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Packet Pg. 181 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) The failure of any such person to receive such notice and order shall not affect the validity of any proceedings taken under this Chapter. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
114.5 Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the Building Official. 114.6 - Recordation of Notice and Order. If compliance is not had with the notice and order within the time specified therein, and no appeal has been properly and timely filed, the Building Official shall file in the office of the County Recorder a certificate describing the property and certifying (a) that the building is a substandard or dangerous building and (b) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard or dangerous building on the property described in the certificate, the Building Official shall file a new certificate with the County Recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard or dangerous, whichever is appropriate.
114.7 - Repair, Vacation and Demolition
The following standards shall be followed by the Building Official (and by the Board of Appeals if an appeal is taken) in ordering the repair, vacation or demolition of any substandard or dangerous building or structure:
114.7.1 Any building declared a substandard or dangerous building under this code shall be made to comply with one of the following:
114.7.1.1 The building shall be repaired in accordance with the California Building Code or other current code applicable to the type of substandard or dangerous conditions requiring repair; or
114.7.1.2 The building shall be demolished at the option of the building owner; or
114.7.1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. 114.7.2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. 114.8 - Notice to Vacate
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Packet Pg. 182 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 114.8.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 114.3 of this code, be posted at or upon each exit of the building and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice. _____________
Building Official
____________
City of Patterson
114.8.2 Notice. Whenever such notice is posted, the Building Official shall include a notification thereof in the notice and order issued under Section 114.2 of this code, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a temporary or permanent certificate of occupancy issued pursuant to the provisions of the California Building Code as amended and adopted by the City.
(Ord. 798 Att. A (part), 2017: Ord. 760 § 6, 2014).
15.04.070 Appeal of violations and notices and orders of the building official.
If delegated by the city council as adopted by Section 113 of this code, Chapter 1, Division II, Section 114 of the California Building Code, Title 24, Part 2, Volume 1, is added thereto, to read:
114.9 APPEAL OF VIOLATIONS AND NOTICES AND ORDERS OF THE BUILDING
OFFICIAL
114.9.1 Right of Appeal. Any person having any record title or legal interest in the building may appeal from any notice of violation or notice and order or any action of the Building Official under this section by filing at the office of the Building Official within thirty (30) calendar days from the date of service of the notice of violation or notice and order, or the date of the action of the Building Official, a written appeal as specified below.
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Packet Pg. 183 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 114.9.1.1 The written appeal must contain a brief statement setting forth the legal interest of each of the appellants in the building or the land subject to the action of the Building Official or involved in the notice of violation or notice and order. The written appeal must contain a brief statement in ordinary and concise language of the specific order, action and/or Building Code section under protest, together with any material facts that support the contentions of the appellant.
114.9.1.2 The written appeal must contain a brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed, why the protested order or action should be reversed, modified, or otherwise set aside.
114.9.1.3. The written appeal must contain signatures of all parties named as appellants and their official mailing addresses.
114.9.1.4 At least one (1) appellant must submit a declaration under penalty of perjury as to the truth of matters stated in the appeal. This declaration must be submitted with the written appeal itself.
114.10 Appeal Fee. The Building Official shall collect and require an appeal fee to be paid at the time any appeal allowed by this code is filed. The appeal fee shall be as adopted from time to time by resolution of the City Council of the City of Patterson. The fee shall be calculated to recover the total City costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices and staff appearance at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The Building Official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the decision of the Building Official notice of violation or notice and order, and other factors indicating good faith attempts to comply with the decision of the Building Official, notice of violation or notice and order.
114.11 Abatement proceedings
114.11.1. Jurisdiction to Abate. Thirty days after the posting of the copies of the resolution declaring any building a nuisance, the Board of Appeals shall be deemed to have acquired jurisdiction to abate such nuisance by razing or removing the building, unless the nuisance is abated by the owner or other person interested within the 30-day period or any extension thereof granted by the Board of Appeals as provided for in this code. In the event that the nuisance is not abated within the time prescribed the enforcement agency may thereupon raze and remove the building so declared to constitute a nuisance or have the same done under its direction and supervision.
114.11.2. Second Notice. If the owner has not appealed the notice and order of the Building Official as described in Section 114.2 and if the Building Official determines to proceed with the abatement of the nuisance through proceedings instituted before the Board of Appeals, it shall give a second notice in the same manner as set forth in Section 117 directing the owner of the building to appear before the Board of Appeals at a stated time and place and show cause why
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Packet Pg. 184 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) the building should not be condemned as a nuisance, and the nuisance be abated as provided in this code. A copy of this notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, in the manner prescribed in Section 114.3. The notice shall be headed “Notice to Abate Nuisance” in letters of not less than three-fourths of an inch in height and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
The owner of the building situated at______________ is hereby notified to appear before ______________ the Board of Appeals of the City of Patterson at its meeting to be Held _________, 20____, at ____________ (place of meeting) at the hour of __________ o’clock__p.m., or as soon thereafter as the owner may be heard, and show cause, if any, why the building should not be condemned as a public nuisance and the nuisance be abated by reconstructing or properly repairing the building or by razing or removing it.
Dated ______________________
_____________________________
City of Patterson
By _________________________
Building Official
The Building Official giving such notice shall file an affidavit of posting and mailing in the manner required by Sections 114.3, 114.4 and 114.5, but the failure to any owner or other required by such notice shall not affect in any manner the validity of any proceeding taken hereunder.
114.12 Performance of Work of Repair or Demolition
114.12.1 Procedure. When any work or repair or demolition is to be done pursuant to Section 114.11, of this code, the building official may cause the work to be accomplished by city personnel or by private contract under the direction of the building official. Plans and specifications therefor may be prepared by the building official, or the building official may employ such architectural and engineering assistance on a contract basis as may be deemed reasonably necessary.
114.12.2 Costs. The costs of such work may be paid from the repair and demolition fund, and may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate.
114.12.3 Repair and Demolition Fund. The legislative body of this jurisdiction may establish a special revolving fund to be designated as the repair and demolition fund. Payments shall be
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Packet Pg. 185 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) made out of said fund upon the demand of the building official to defray the costs and expenses which may be incurred by this jurisdiction in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.
114.12.4 Maintenance of Fund. The legislative body may at any time transfer to the repair and demolition fund, out of any money in the general fund of the city, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the repair and demolition fund and shall be repaid out of the proceeds of the collections herein after provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair and demolition fund.
114.13 Demolition - Sale of Materials
114.13.1. The building materials contained in such building so razed or removed may be sold by the governing board at public sale to the highest responsible bidder after not less than five days’ notice of intended sale published at least once in a newspaper of general circulation published in the city, either before or after said building has been razed or removed and any amount received from the sale of such building materials shall be deducted from the expense of razing or removing said building.
114.13.2. The Building Official shall keep an itemized account of the expense involved in the razing or removing of any such building and shall deduct therefrom the amount received from the sale of the building materials. The Building Official shall cause to be posted conspicuously on the property from which the building was razed or removed a statement verified by him showing the gross and net expense of the razing or removing of such building together with a notice of the time and place when and where said statement shall be submitted to the Board of Appeals for approval and confirmation and at which time said Board of Appeals shall consider any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such work and any other interested persons. A copy of said statement and notice shall be mailed in the manner prescribed in Sections 114.3, 114.4 and 114.5 and an affidavit of such posting and mailing shall be filed in the manner prescribed in said section. The time for confirmation shall be not less than five days from the date of the posting and mailing of said statement and notice.
114.13.3 Statement of Expense.
114.13.3.1 At the time fixed for the hearing of the statement of expense provided for in section 114.13, the Board of Appeals shall consider the statement, together with any objections or protests which may be raised by any of the property owners liable to be assessed for doing the work and any other interested persons; and thereupon said Board of Appeals may make such revision, correction, or modification in the statement as it may deem just, after which, by motion or resolution, said report as submitted, or in the event any revisions, corrections or modifications have been ordered made by said Board of Appeals then said statement as revised, corrected or modified, shall be confirmed. The Board of Appeals may adjourn said hearings from time to time
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Packet Pg. 186 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) and its decisions on said statement and on all protests and objections which may be made shall be final and conclusive.
114.13.3.2 In the event that the cost for razing or removing the nuisance exceeds the proceeds received from the sale of any materials, then the amount of the net expense of abating the nuisance, if not paid within five days after the decision of the Board of Appeals on its statement, shall constitute a lien on the real property upon which the same was abated or removed, which lien shall continue until the amount thereof and interest thereon at the rate of 6 percent per annum, computed from the date of confirmation of the statement until paid, or until it is discharged of record.
This lien shall, for all purposes, be upon parity with the lien of State, county, and municipal taxes. In the event of nonpayment, the Board of Appeals shall, at any time within 60 days after the decision of the Board of Appeals on the statement, cause to be filed in the office of the Stanislaus County recorder a certificate substantially in the following form:
Notice of Lien
Pursuant to the authority vested in the undersigned by Ordinance ___ of the City of Patterson, the undersigned did on the________ day of ____________ 20__, cause a nuisance to be abated on the real property hereinafter described; and the undersigned did on the day of________, 20___, by action duly recorded in its official minutes as of that date, assess the cost of the abatement, less the amount received from the sale of any building materials upon the real property hereinafter described, and the same has not been paid nor any part thereof; and the City of Patterson does hereby claim a lien on the real property for the net expense of the doing of the work in the sum of $__________, and the same shall be a lien upon the real property until the sum, with interest at the rate of 6 percent per annum, from the day of _____, 20___, has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Patterson, County of Stanislaus, State of California, and particularly described as follows:
Dated ___________________________
City of Patterson
BY ______________________________
Building Official
114.13.3.3 From and after the date of the recording of said notice of lien all persons shall be deemed to have had notice of the contents thereof. The statute of limitations shall not run against the right of the City to enforce the payment of said lien. 114.13.3.4 In the event that the amount received from the sale of material exceeds the expenses of razing or removing such building, then such excess shall be deposited with the City treasurer to the credit of the owner of said property or to such other person legally entitled thereto, and
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Packet Pg. 187 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) such excess shall be payable to said owner or other person on demand and upon producing evidence of ownership satisfactory to said City treasurer. (Ord. 798 Att. A (part), 2017: Ord. 760 § 7, 2014).
15.04.080 Board of appeals—Generally.
If delegated by the city council as adopted by Section 113 of this code, Chapter 1, Division II, Section 117 of the California Building Code, Title 24, Part 2, Volume 1, is added thereto, to read:
Section 117 Board of Appeals
117.1 General. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, the California Residential Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Energy Code, the California Existing Building Code, the California Green Building Standards Code, the California Historical Building Code, Dangerous Buildings Code, the Housing Code and the Flood Damage Prevention Regulations, to hear appeals provided for in said codes and regulations there shall be and is hereby created a Board of Appeals, hereinafter referred to as the Board, consisting of five (5) members who are qualified by experience and training to pass upon matters pertaining to building construction.
The Building Official shall act as Secretary of the Board. The members of the Board shall be appointed by the City and hold office in accordance with the provisions of the City of Patterson. 117.2 Authority to Adopt Rules. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official within thirty (30) calendar days of the hearing with a duplicate copy to the appellant.
The Board may recommend to the Council of the City of Patterson such new legislation that is consistent therewith.
117.3 Adopted Code Applicable. Except as otherwise provided in this Code, the California Residential Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, the California Energy Code, the California Existing Building Code, the California Green Building Standards Code, the California Historical Building Code, the Dangerous Buildings Code, the Housing Code and the Flood Damage Prevention Regulations, the Board shall hear appeals in accordance with the procedures set forth herein. 117.4 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this Code. 117.5 Right of Appeal. Any person having any record title or legal interest in the building may appeal from any notice of violation or notice and order or any action of the Building Official under this section by filing at the office of the Building Official within thirty (30) calendar days
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Packet Pg. 188 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) from the date of service of the notice of violation or notice and order, or the date of the action of the Building Official, a written appeal as specified below and in Section 113 of this code. 117.5.1 The written appeal must contain a brief statement setting forth the legal interest of each of the appellants in the building or the land subject to the action of the Building Official or involved in the notice of violation or notice and order. The written appeal must contain a brief statement in ordinary and concise language of the specific order, action and/or Building Code section under protest, together with any material facts that support the contentions of the appellant.
117.5.2 The written appeal must contain a brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed, why the protested order or action should be reversed, modified, or otherwise set aside.
117.5.3 The written appeal must contain signatures of all parties named as appellants and their official mailing addresses.
117.5.4 At least one (1) appellant must submit a declaration under penalty of perjury as to the truth of matters stated in the appeal. This declaration must be submitted with the written appeal itself.
117.6 Appeal Fee. The Building Official shall collect and require an appeal fee to be paid at the time any appeal allowed by this code is filed. The appeal fee shall be as adopted from time to time by resolution of the City Council of the City of Patterson. The fee shall be calculated to recover the total City costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices and staff appearance at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The Building Official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the decision of the Building Official notice of violation or notice and order, and other factors indicating good faith attempts to comply with the decision of the Building Official, notice of violation or notice and order.
117.7 Form of Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information:
You are hereby notified that a hearing will be held before the Board of Appeals at______________, on the day of _________, 20__, at the hour upon the notice of violation, action of the Building Official, notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you.
You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefore with the Board of Appeals.
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Packet Pg. 189 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 117.8 Noticing the Appeal for Hearing. As soon as practicable after receiving a written appeal, the Building Official shall fix a date, time and place for the hearing of the appeal as described in section 117.7 of this code. Such date shall be not less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was filed with the Building Official.
Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to the appellant(s) by the Building Official either by causing a copy of such notice to be delivered to the appellant(s) personally or by mailing a copy thereof, postage prepaid, addressed to the appellant(s) at the addresses shown on the appeal. 117.9 Service of Notice. The notice of the appeal hearing, and any amended or supplemental appeal hearing, or notice and order shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records:
(117.9.1) The holder of any mortgage or deed of trust or other lien or encumbrance of record; (117.9.2) the owner or holder of any lease of record;
(117.9.3) any tenant within the building;
(117.9.4) and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.
117.10 Method of Service. Service of the notice of appeal hearing or notice and order may be made upon all persons entitled thereto either by personal delivery or by certified mail, return receipt requested. Service may be made upon the record owner at his/her/their address as it appears on the last equalized assessment roll of Stanislaus County recorded documents or as known to the Building Official. A copy of the notice of appeal hearing and any amended or supplemental notice of violation or notice and order shall also be posted on the premises. 117.10.1 In lieu of personally serving the owner or service by certified mail, service of the notice of appeal hearing and any amended or supplemental notice of violation or notice and order may be made as follows:
117.10.1.1 In the event that the owner refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished as follows:
117.10.1.2 By leaving a copy during usual business hours in the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;
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Packet Pg. 190 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 117.10.1.3 By leaving a copy at the recipients dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing, by first class mail, a copy to the recipient at the address where the copy was left.
117.10.1.4 Posting on place of business in visible location. 117.10.2 In the event the owner refuses to accept certified return receipt mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be as set forth in 117.10.1.1 above upon the property manager or rental agency.
117.10.3 If the owner lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.
117.10.4 If the owner of the property cannot be located, or service cannot be effected as set forth in this Section, service may be made by publication in a newspaper of general circulation which is most likely to give actual notice to the owner. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
The failure of any such person to receive notice of appeal hearing and any amended or supplemental notice of violation or notice and order shall not affect the validity of any proceedings taken under this Chapter. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
117.11 Proof of Service. Proof of service shall be certified to at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice of appeal hearing and any amended or supplemental notice of violation or notice and order retained by the Building Official.
117.12 Effect of Failure to Appeal. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the Decision of the Building Official, notice of violation or notice and order, or any portion thereof, subject only to review pursuant to the provisions of California Code of Civil Procedure Section 1094.5. 117.13 Further Permits or Approvals. If a notice of violation or notice and order has not been satisfied on a particular property, and a timely appeal has not been filed, further permits or approvals for continued work permitted by this Code shall not be granted for that property unless specifically approved by the Building Official and the violation has been corrected, inspected and approved.
117.14 Board of Appeals Decisions. The Decision of the Board in granting or denying an appeal shall become final on the date of service of the Decision. Decisions of the Board shall be in writing and shall contain findings of fact, a determination of issues presented, and the
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Packet Pg. 191 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) requirements to be complied with. The Decision of the Board shall be issued within thirty (30) calendar days of the hearing. A copy of the Decision shall be delivered to the appellant(s) personally or sent by certified mail, postage prepaid, return receipt requested within thirty (30) calendar days of the effective date of the Decision. The effective date of the Decision(s) of the Board shall be as stated therein.
117.15 Appeal of Board Decision. Any appeal of a Board Decision must be filed with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 within thirty (30) calendar days of the service of the Decision, otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the Decision of the Board.
117.16 Prosecution of Violation. If the notice and order is not complied with promptly, the Building Official is authorized to request the legal counsel of the City of Patterson to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 117.17 Administrative Remedies. In addition to all other remedies available at law, any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to Administrative Remedies as prescribed. 117.18 Remedy for Failure Neglect or Refusal to Obey Order. If, after any order of the Building Official or the Board of Appeals made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (1) cause such person to be prosecuted under Section 117.16 of this Code or (2) institute any appropriate action to abate such building as a public nuisance. These remedies are in addition to all other remedies allowed by law.
117.19 Interference with Repair or Demolition Work Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City of Patterson or with any person who owns or holds any estate or interest in any building that has been ordered repaired, vacated or demolished under the provisions of this code, or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of the City of Patterson, person having an interest or estate in such building or structure or purchaser is engaged in the work or repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code. 117.20 Criminal Violation. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. A violation of any of the provisions or failing to comply with any of the requirements of this code shall constitute a misdemeanor:
except that notwithstanding any other provision of this code, any such violation constituting a
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Packet Pg. 192 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) misdemeanor under this code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars ($250.00) and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars ($500.00).
Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. 117.21 Administrative Penalties. In addition to all other remedies set forth in this Section, administrative penalties pursuant of the Patterson Municipal Code may be imposed against any person for violating any of the requirements set forth in this Section.
Section 118 Procedures for Conduct of Hearing Appeals
118.1 Hearing Examiners. The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted to the board for decision.
118.2 Record. A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the board. 118.3 Reporting. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved. 118.4 Continuances. The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by the examiner for good cause shown so long as the matter remains before the examiner. 118.5 Oaths-Certification. In any proceedings under this chapter, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.
118.6 Reasonable Dispatch. The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.
118.7 Subpoenas - Filing of Affidavit. The board or examiner may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a
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Packet Pg. 193 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefore which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in possession or under control. A subpoena need not be issued when the affidavit is defective in any particular.
118.7.1 Cases Referred to Examiner. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner.
118.7.2 Penalties. Any person who refuses without lawful excuse to attend any hearing, or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor. 118.8 Conduct of Hearing
118.8.1 Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
118.8.2 Oral Evidence. Oral evidence shall be taken only on oath or affirmation. 118.8.3 Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
118.8.4 Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdictions in this state.
118.8.5 Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. 118.8.6 Rights of Parties. Each party shall have these rights, among others:
118.8.6.1 To call and examine witnesses on any matter relevant to the issues of the hearing; 118.8.6.2 To introduce documentary and physical evidence; 118.8.6.3 To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
118.8.6.4 To impeach any witness regardless of which party first called the witness to testify; 118.8.6.5 To rebut the evidence;
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Packet Pg. 194 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 118.8.6.6 To be represented by anyone who is lawfully permitted to do so. 118.9 Official Notice.
118.9.1 What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or departments and ordinances of the city or rules and regulations of the board.
118.9.2 Parties to be noticed. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto. 118.9.10 Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the board or hearing examiner.
118.11 Inspection of the premises. The board or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing, provided that (1) notice of such inspection shall be given to the parties before the inspection is made, (2) the parties are given an opportunity to be present during the inspection, and (3) the board or the hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner.
119 - Method and Form of Decision
119.1 Hearing before Board Itself. When a contested case is heard before the board itself, a member thereof who did not hear the evidence or has not read the entire record of the proceedings shall not vote on or take part in the decision. 119.2 Hearing by the Examiner. If a contested case is heard by a hearing examiner alone, the examiner shall within a reasonable time (not to exceed 90 days from the date the hearing is closed) submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state the examiner’s findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it may be adopted by the board as its decision in the case. All examiner’s reports filed with the board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the board.
119.2.1 Consideration of Report by Board-Notice. The board shall fix a time, date and place to consider the examiner’s report and proposed decision. Notice thereof shall be mailed to each interested party not less than five days prior to the date fixed, unless it is otherwise stipulated by all of the parties.
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Packet Pg. 195 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 119.2.2 Exceptions to Report. Not later than two days before the date set to consider the report, any party may file written exceptions to any part or all of the examiner’s report and may attach thereto a proposed decision together with a written argument in support of such decision. By leave of the board, any party may present oral argument to the board. 119.3 Disposition by the Board. The board may adopt or reject the proposed decision in its entirety or may modify the proposed decision.
119.4 Proposed Decision Not Adopted. If the proposed decision is not adopted as provided in Section 119.3 of this code, the board may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, the examiner shall prepare a report and proposed decision as provided in Section 119.2 hereof after any additional evidence is submitted. Consideration of such proposed decision by the board shall comply with the provisions of this section.
119.5 Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent as specified in sections 117.9, 117.10 and 117.11 of this code.
119.6 Effective Date of Decision. The effective date of the decision shall be as stated therein.
Section 120 Second Notice Abatement Proceedings
120.1 Second Notice. If the owner has not appealed the notice of violation or notice and order of the Building Official as described in Section 117.15 and if the Building Official determines to proceed with the abatement of the nuisance through proceedings instituted before the Board of Appeals, it shall give a second notice in the same manner as set forth in Section 117.1 directing the owner of the building to appear before the Board of Appeals at a stated time and place and show cause why the building should not be condemned as a nuisance, and the nuisance be abated as provided in this code. A copy of this notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, in the manner prescribed in Section 117.9, 117.10 and 117.11.
The notice shall be headed “Notice to Abate Nuisance” in letters of not less than three-fourths of an inch in height and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
The owner of the building situated at______________ is hereby notified to appear before ______________ the Board of Appeals of the City of Patterson at its meeting to be Held _________, 20____, at ____________ (place of meeting) at the hour of __________ o’clock__p.m., or as soon thereafter as the owner may be heard, and show cause, if any, why the building should not be condemned as a public nuisance and the nuisance be abated by reconstructing or properly repairing the building or by razing or removing it.
Dated ______________________
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Packet Pg. 196 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) _____________________________
City of Patterson
By _________________________
Building Official
The Building Official giving such notice shall file an affidavit of posting and mailing in the manner required by Sections 117.9, 117.10 and 117.11, but the failure to any owner or other required by such notice shall not affect in any manner the validity of any proceeding taken hereunder.
120.2. Second Hearing Notice. At the time fixed in said notice, the Board of Appeals shall proceed to hear the testimony of the Building Official and the owner or his representatives, if present at said hearing, and other competent persons who may be present and desire to testify, respecting the condition of said building, the estimated cost of its reconstruction, repair or removal, and any other matter which said governing body may deem pertinent thereto. Upon the conclusion of said hearing, The Board of Appeals may, by resolution, declare its findings and in the event that it so concludes, it may declare said building to be a nuisance and direct the owner to abate the same within 30 days after the date of posting on said premises a notice of the passage of said resolution by having said building properly reconstructed or repaired, or having the same razed or removed and notifying said owner that if said nuisance is not abated said building will be razed or removed by the city and the expense thereof made a lien on the lot or parcel of land upon which said building is located.
120.3. Posting Decision of Board. At any time within 60 days after the passage of any resolution directing the abatement of a nuisance, the Building Official shall post a copy thereof conspicuously on the building so declared to be a nuisance and mail another copy by registered mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located as such person’s name and address appear on the last equalized assessment roll or as known to the City Clerk, and a copy of said notice shall be mailed to each mortgagee or beneficiary under any deed of trust, of record, at the last known address of such mortgagee or beneficiary, and if such address is unknown to the Building Official, then said fact shall be stated in said copy so mailed and it shall be addressed to him at the county seat of Stanislaus County where said property is situated. The Building Official, upon giving notice as aforesaid, shall file an affidavit thereof in the manner provided for in Sections 117.9, 117.10 and 117.11. The Board of Appeals may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause therefore being shown.
120.4. Appeal Of Boards Decision Any owner or other interested person having any objections, or feeling aggrieved at any proceedings taken by the Board of Appeals in ordering abatements of any nuisance, must bring an action in a court of competent jurisdiction within 30 days after the date of posting on said premises a notice of the passage of the resolution declaring the nuisance to exist to contest the validity of any proceedings leading up to and including the adoption of the resolution; otherwise all objections will be deemed to have been waived.
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Packet Pg. 197 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 120.5. Jurisdiction to Abate. Thirty days after the posting of the copies of the resolution declaring any building a nuisance, the Board of Appeals shall be deemed to have acquired jurisdiction to abate such nuisance by razing or removing the building, unless the nuisance is abated by the owner or other person interested within the 30-day period or any extension thereof granted by the Board of Appeals as provided for in this code. In the event that the nuisance is not abated within the time prescribed the enforcement agency may thereupon raze and remove the building so declared to constitute a nuisance or have the same done under its direction and supervision.
(Ord. 798 Att. A (part), 2017: Ord. 760 § 8, 2014).
15.04.090 Disabled access board.
If delegated by the city council as adopted by Section 113 of this code, Chapter 1, Division II, Section 121 of the California Building Code, Title 24, Part 2, Volume 1, is added thereto, to read:
121.1 General. In order to hear appeals to actions taken by the City and to provide reasonable interpretations of the California Access Laws, there is hereby created a Disabled Access Appeals Board, hereinafter referred to as the Board, consisting of five (5) members. Two (2) of the members are to be physically handicapped. Two (2) members to be experienced in construction, and one (1) member a public member. The Building Official shall act as Secretary of the Board.
The members of the Board shall be appointed by the City Council and shall hold office at its pleasure. Board members may be removed by a majority of the City Council for course or otherwise.
121.2. Disabled Access Appeals Board Authority to Adopt Rules. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the Building Official within thirty (30) calendar days of the hearing with a duplicate copy to the appellant. The Board may recommend to the Council of the City of Patterson such new legislation as is consistent therewith.
The Board shall hear appeals in accordance with the procedures set forth herein. 121.3 Limitation on Authority. An application for appeal shall be based on a claim that the true intent of the California Access laws or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the California Access laws do not fully apply, or an equally good or better form of compliance is proposed. The Board shall have no authority to waive the requirements of the California Access laws.
121.4 Qualifications. The Board shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction, disabled access and are not employees of the jurisdiction.
121.5 Processing of Appeal.
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Packet Pg. 198 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) (a) Upon receipt of any appeal filed and payment of the appeal fee, as adopted from time to time by resolution of the City Council of the City of Patterson, the Building Official shall calendar the appeal for a hearing.
(b) If the appeal is received by the Building Official not later than fifteen (15) calendar days prior to the next regular meeting of the Board, it shall be calendared for hearing at said meeting. (c) If the appeal is received by the Building Official on a date less than fifteen (15) calendar days prior to the next regular meeting of the Board, it shall be calendared fix hearing at the next subsequent meeting of the Board.
121.6 Form of Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information:
You are hereby notified that a hearing will be held before the Disabled Access Appeals Board at_______ on the day 20__, at the hour upon the notice of violation, action of the Building Official, or notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and wil1 be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefore with the Disabled Access Appeals Board.
121.7 Appeal Fee. The Building Official shall collect and require an appeal fee to be paid at the time any appeal allowed by this Code is filed. The appeal fee shall be as adopted from time to time by resolution of the City Council of the City of Patterson. The fee shall be calculated to recover the total City costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices and staff appearance at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The Building Official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the Decision of the Building Official notice of violation or notice and order, and other factors indicating good faith attempts to comply with the Decision of the Building Official, notice of violation or notice and order.
121.8 Disabled Access Appeals Board Hearing Date. As soon as practicable after receiving a written appeal, the Building Official shall fix a date, time, and place for the hearing of the appeal by the Board. Such date shall not be less than ten (10) calendar days nor more than forty-five (45) calendar days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to the appellant(s) by the Building Official either by causing a copy of such notice to be delivered to the appellant(s) personally or by mailing a copy thereof, postage prepaid, addressed to the appellant(s) at the address(es) shown on the appeal. 121.9 Disabled Access Appeals Board Decisions. The Decision of the Board in granting or denying an appeal shall become final on the date of service of the Decision. Any appeal of the
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Packet Pg. 199 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Decision must be filed by the appellant(s) with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 within thirty (30) calendar days of the service of the Decision, otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the Decision of the Board.
Decisions of the Board shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. The Decision of the Board shall be issued within thirty (30) calendar days of the hearing. A copy of the Decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested within thirty (30) calendar days of the effective date of the Decision. 121.10 Appeal of Disabled Access Appeals Board Decision. Any appeal of a Board Decision must be filed with a court of competent jurisdiction pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6 within thirty (30) calendar days of the service of the decision, otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the Decision of the Board. 121.11 Procedures for Conduct of Hearing Appeals. The procedures for conducting the hearing appeals are specified in sections 118-121 of this code. (Ord. 798 Att. A (part), 2017: Ord. 760 § 9, 2014).
15.04.100 Foundations.
Chapter 18, Section 1808.6 of the California Building Code, Title 24, Part 2, Volume 2, as set forth in said code is amended as follows:
Section 1808.6 Design for expansive soil
1808.6 Due to the presence of expansive soil in and around Patterson foundations for buildings and structures shall be designed in accordance with Section 1808.6.1 or 1808.6.2. (Ord. 798 Att. A (part), 2017: Ord. 760 § 10, 2014).
15.04.110 Storm water drainage requirements.
Chapter 18, Section 1804.7 of the California Building Code, Title 24, Part 2, Volume 2, as set forth in said code is amended and added to as follows:
Section 1803.7. Storm Water Drainage Requirement. In all cases where proposed construction is for commercial, industrial, or public or quasi-public buildings or structures, for two-family, three-family, four-family, or multi-family dwellings, or for other uses which similarly involve structural ground coverage likely to affect storm drainage in the areas in which they are located, including but not limited to, trailer parks and parking lots, drainage facilities for the property shall be constructed in a manner approved by the Department of Public Works, which may include discharge into a publicly maintained storm drain system or ponding basin. Submission of
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Packet Pg. 200 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) the drainage plans for approval shall be the responsibility of the owner or the developer of the property on which the construction is proposed, and the application for a building permit shall be accompanied by a drainage plan suitable for review by the Department of Public Works. (Ord. 798 Att. A (part), 2017: Ord. 760 § 11, 2014).
15.04.120 Validity.
The city council of the city of Patterson hereby declares that should any section, paragraph, sentence, or word of this chapter or of the codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the city council of the city of Patterson that it would have passed all other portions of this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 760 § 12, 2014: Ord. 728 § 8, 2012: Ord. 693 § 12, 2008. Formerly 15.04.060).
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Packet Pg. 201 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.06
CALIFORNIA ENERGY CODE*
Sections:
15.06.010 Adoption.
15.06.020 Purposes.
15.06.030 Administration.
15.06.050 Validity.
* Prior ordinance history: Ord. 633.
15.06.010 Adoption.
That certain document in book form entitled California Energy Code, California Code of Regulations, Title 24, Part 6, 2016 2022 Edition, as approved and copyrighted by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833 and published and copyrighted by the International Code Council, 500 New Jersey Avenue NW, 6th floor, Washington, D.C. 20001, prescribing regulations governing installation, construction, maintenance, alteration, repair and inspection, one copy of which document is now on file in the office of the city clerk of the city of Patterson, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as “The California Energy Code of the City of Patterson,” and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 758 § 1, 2014: Ord. 726 § 1, 2012: Ord. 691 § 1, 2008).
15.06.020 Purposes.
The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Patterson; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum or restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 758 § 2, 2014: Ord. 726 § 2, 2012: Ord. 691 § 2, 2008).
15.06.030 Administration.
Section 100(g) of the California Energy Code is hereby amended to read as follows:
Section 100(g) Administrative Requirements
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Packet Pg. 202 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Administrative requirements relating to permit requirements, enforcement by the State Energy Resources Conservation and Development Commission (CEC), locally adopted energy standards, interpretations, claims of exemption, approved calculation methods, rights of appeal, and certification and labeling requirements of fenestration products and roofing products are specified in California Code of Regulations Administrative Code Title 24, Part 1, Sections 10- 101 to 10-114 and the California Building Code, Part 2, Volume 1, Chapter 1-Division II, as amended and adopted by the City.
(Ord. 798 Att. A (part), 2017: Ord. 758 § 3, 2014).
15.06.050 Validity.
The city council of the city of Patterson hereby declares that should any section, subsection, sentence, clause or phrase of this chapter or the code hereby adopted be, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council of the city of Patterson hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 758 § 4, 2014: Ord. 726 § 5, 2012: Ord. 691 § 5, 2008).
7.1.a
Packet Pg. 203 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.14
CALIFORNIA PLUMBING CODE*
Sections:
15.14.010 Purpose.
15.14.020 Adoption.
15.14.030 Administrative requirements.
15.14.060 Validity.
* Prior ordinance history: Ord. 636.
15.14.010 Purpose.
The purposes of this chapter are to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Patterson, to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 754 § 2, 2014: Ord. 732 § 1, 2012: Ord. 692 § 1, 2008).
15.14.020 Adoption.
That certain document in book form entitled California Plumbing Code, California Code of Regulations, Title 24, Part 5, 2016 2022 Edition, Chapters 2-14, 16-17, together with all appendices thereto, based on the 2015 2021 Uniform Plumbing Code, as approved and copyrighted by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833 and as published and copyrighted by the International Association of Plumbing and Mechanical Officials, 5001 East Philadelphia Street, Ontario, California 91761-2816, one copy of which document is now on file in the office of the city clerk of the city of Patterson, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as “California Plumbing Code of the City of Patterson,” and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 754 § 1, 2014: Ord. 732 § 2, 2012: Ord. 692 § 2, 2008).
15.14.030 Administrative requirements.
Chapter 1, Division II of the California Plumbing Code is deleted and amended to read as follows:
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Packet Pg. 204 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Division II - Organization and Enforcement
101.0 Administrative Requirements
Administrative provisions relating to plumbing requirements, enforcement, permits, plans, violations, fees and penalties are specified in the California Building Code, Part 2, Volume 1, Chapter 1-Division II, as amended and adopted by the City of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 754 § 3, 2014).
15.14.060 Validity.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Patterson hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 754 § 4, 2014: Ord. 732 § 5, 2012: Ord. 692 § 5, 2008).
7.1.a
Packet Pg. 205 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.18
CALIFORNIA ELECTRICAL CODE*
Sections:
15.18.010 Adoption.
15.18.020 Purpose.
15.18.030 Administration.
15.18.050 Validity.
* Prior ordinance history: Ord. 631.
15.18.010 Adoption.
That certain document in book form entitled 2016 2022 California Electrical Code, California Code of Regulations, Title 24, Part 3, Article 90, Chapters 1 through 4, Chapter 5, Articles 500 through 540, 550 through 590, Chapters 6 through 9 together with Informative Annexes A through G and I thereto, based on the 2015 2020 National Electrical Code, as approved and copyrighted by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, and copyrighted by the National Fire Protection Association, 1 Batterymarch Park (P.O. Box 9146), Quincy, MA 02269-9959 and published by BNi Publications, Inc., one copy of which document is on file in the office of the city clerk of the city of Patterson, is hereby adopted by reference, and enacted by the city council of the city of Patterson as the “California Electrical Code of the City of Patterson,” in its present form, except as hereinafter amended, deleted and added to, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 752 § 1, 2014: Ord. 729 § 1, 2012: Ord. 694 § 1, 2008).
15.18.020 Purpose.
The purposes of this chapter are to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Patterson, to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 752 § 2, 2014).
15.18.030 Administration.
Section 90.4 of the California Electrical Code is hereby amended to read as follows:
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Packet Pg. 206 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption)
90.4 Administrative Requirements
Administrative provisions relating to electrical requirements, enforcement, permits, plans, violations, fees and penalties are specified in the California Building Code, Part 2, Volume 1, Chapter 1-Division II, as amended and adopted by the City. (Ord. 798 Att. A (part), 2017: Ord. 752 § 3, 2014).
15.18.050 Validity.
The city council of the city of Patterson hereby declares that should any section, paragraph, sentence or word of this chapter or of the code hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the city council of the city of Patterson that it would have passed all other portions of this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 752 § 4, 2014: Ord. 729 § 5, 2012: Ord. 694 § 5, 2008).
7.1.a
Packet Pg. 207 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.38
HISTORICAL BUILDING CODE
Sections:
15.38.010 Adoption.
15.38.020 Purposes.
15.38.030 Administration.
15.38.050 Validity.
15.38.010 Adoption.
That certain document in book form entitled 2016 2022 California Historical Building Code, California Code of Regulations, Title 24, Part 8, including the appendix, as approved and copyrighted by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833 and copyrighted and published by the International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001 and one copy of which is now on file in the office of the city clerk of the city of Patterson, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as “California Historical Building Code of the City of Patterson,” and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 756 § 1, 2014: Ord. 634 § 1, 2003).
15.38.020 Purposes.
The purposes of this chapter are to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public in the incorporated area of the city of Patterson by regulating the erection, construction, enlargement, alteration, repair, removal, conversion, use and maintenance of all buildings or portions thereof used, or designed, or intended to be used, for human habitation; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 756 § 2, 2014: Ord. 634 § 2, 2003).
15.38.030 Administration.
Chapter 8-1, Section 8-103 of the California Historical Building Code is hereby amended to read as follows:
SECTION 103 ORGANIZATION AND ENFORCEMENT
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Packet Pg. 208 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 8-103.1 Administrative Requirements
Administrative provisions relating to Historical building requirements, enforcement, permits, plans, violations, fees and penalties are specified in the California Building Code, Part 2, Volume 1, Chapter 1-Division II, as amended and adopted by the City of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 756 § 3, 2014).
15.38.050 Validity.
The city council of the city of Patterson hereby declares that should any section, paragraph, sentence or word of this chapter or of the codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the city council of the city of Patterson that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 756 § 4, 2014: Ord. 634 § 5, 2003).
7.1.a
Packet Pg. 209 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.39
CALIFORNIA EXISTING BUILDING CODE*
Sections:
15.39.010 Adoption.
15.39.020 Purpose.
15.39.030 Application.
15.39.040 Validity.
*Prior ordinance history: Ord. 630.
15.39.010 Adoption.
That certain document in book form entitled 2016 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, including Appendix A1, Referenced Standards, and Chapter A3 thereof, as approved and copyrighted by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833 and published and copyrighted by the International Code Council, 500 New Jersey Avenue NW, 6th floor, Washington, D.C. 20001, one copy of which document is now on file in the office of the city clerk of the city of Patterson, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as “California Existing Building Code of the City of Patterson,” and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 761 § 1, 2014).
15.39.020 Purpose.
The purposes of this chapter are to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Patterson, to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 761 § 2, 2014).
15.39.030 Application.
Chapter A1, Section A100 of the California Existing Building Code is hereby amended and added to as follows:
SECTION A100 Application
7.1.a
Packet Pg. 210 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) A100.1 Administrative Requirements
Administrative provisions relating to existing building requirements, enforcement, permits, plans, violations, fees and penalties are specified in the California Building Code, Part 2, Volume 1, Chapter 1-Division II, as amended and adopted by the City of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 761 § 3, 2014).
15.39.040 Validity.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Patterson hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 761 § 4, 2014).
7.1.a
Packet Pg. 211 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.42
CALIFORNIA MECHANICAL CODE*
Sections:
15.42.010 Purpose.
15.42.020 Adoption.
15.42.030 Organization and enforcement.
15.42.060 Validity.
* Prior ordinance history: Ord. 635.
15.42.010 Purpose.
The purposes of this chapter are to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Patterson, to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 759 § 2, 2014: Ord. 731 § 1, 2012: Ord. 695 § 1, 2008).
15.42.020 Adoption.
That certain document in book form entitled 2016 2022 California Mechanical Code, California Code of Regulations, Title 24, Part 4, Chapter 1, Division II, Chapters 2 through 17, together with all appendices, based on the 2015 2021 Uniform Mechanical Code, as approved and copyrighted by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833 and as published and copyrighted by the International Association of Plumbing and Mechanical Officials, 5001 East Philadelphia Street, Ontario, California 91761-2816 and one copy of which document is now on file in the office of the city clerk of the city of Patterson, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as “California Mechanical Code of the City of Patterson,” and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 759 § 1, 2014: Ord. 731 § 2, 2012: Ord. 695 § 2, 2008).
15.42.030 Organization and enforcement.
Chapter 1, Division II, Part II of the California Mechanical Code, 2016 Edition, is deleted and amended to read as follows:
7.1.a
Packet Pg. 212 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Part II - Organization and Enforcement
106.1 Administrative Requirements
Administrative provisions relating to mechanical requirements, enforcement, permits, plans, violations, fees and penalties are specified in the California Building Code, Part 2, Volume 1, Chapter 1-Division II, as amended and adopted by the City. (Ord. 798 Att. A (part), 2017: Ord. 759 § 3, 2014).
15.42.060 Validity.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Patterson hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 759 § 4, 2014: Ord. 731 § 6, 2012: Ord. 695 § 6, 2008).
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Packet Pg. 213 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.46
CALIFORNIA RESIDENTIAL CODE
Sections:
15.46.010 Adoption.
15.46.020 Purposes.
15.46.030 Administration.
15.46.040 Storm water drainage requirement.
15.46.050 Residential foundations.
15.46.060 Validity.
15.46.010 Adoption.
Certain documents in book form entitled California Residential Code, California Code of Regulations, Title 24, Part 2.5, 2016 2022 Edition, Chapter 1, Division II, Chapters 2 through 10 and 44, including all appendix chapters with exception of Appendix AL – Permit Fees, based on the 2015 2021 International Residential Code, as approved and copyrighted by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833-2936 and published and copyrighted by the International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C. 20001, one copy of which documents are now on file in the office of the city clerk of the city of Patterson, except as to portions thereof are herewith specifically amended, deleted and added to, are hereby adopted by reference together as “California Residential Code of the City of Patterson,” and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 757 § 1, 2014: Ord. 733 § 1, 2012).
15.46.020 Purposes.
The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Patterson; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 757 § 2, 2014: Ord. 733 § 2, 2012).
15.46.030 Administration.
7.1.a
Packet Pg. 214 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 1, Division II of the California Residential Code is deleted and amended to read as follows:
Division II - ADMINISTRATION
Administrative provisions relating to one and two family dwellings residential construction requirements, enforcement, permits, plans, violations, fees and penalties are specified in the California Building Code, Part 2, Volume 1, Chapter 1-Division II, as amended and adopted by the City of Patterson.
(Ord. 798 Att. A (part), 2017: Ord. 757 § 3, 2014).
15.46.040 Storm water drainage requirement.
Chapter 18, Section R401.3.1 of the California Residential Code, Title 24, Part 2.5, is amended as follows:
Section R401.3.1. Storm Water Drainage Requirement.
In all cases where proposed construction is for commercial, industrial, or public or quasi-public buildings or structures, for two-family, three-family, four-family, or multi-family dwellings, or for other uses which similarly involve structural ground coverage likely to affect storm drainage in the areas in which they are located, including but not limited to, trailer parks and parking lots, drainage facilities for the property shall be constructed in a manner approved by the Department of Public Works, which may include discharge into a publicly maintained storm drain system or ponding basin. Submission of the drainage plans for approval shall be the responsibility of the owner or the developer of the property on which the construction is proposed, and the application for a building permit shall be accompanied by a drainage plan suitable for review by the Department of Public Works.
(Ord. 798 Att. A (part), 2017: Ord. 757 § 4, 2014).
15.46.050 Residential foundations.
Chapter 4, Section R403.1.8 of the California Residential Code, Title 24, Part 2.5, is amended as follows:
Section R403.1.8.2
R403.1.8.2: Residential Foundations: Due to the expansive soils present in and around the area of the City of Patterson foundations for buildings and structures shall be designed in accordance with Chapter 18, Section 1808.6.1 or 1808.6.2 of the California Building Code, Volume 2 as adopted by the City of Patterson.
(Ord. 798 Att. A (part), 2017: Ord. 757 § 5, 2014).
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Packet Pg. 215 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption)
15.46.060 Validity.
The city council of the city of Patterson hereby declares that should any section, paragraph, sentence, or word of this chapter or of the codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the city council of the city of Patterson that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 757 § 6, 2014: Ord. 733 § 8, 2012).
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Packet Pg. 216 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.50
CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:
15.50.010 Purpose.
15.50.020 Adoption.
15.50.030 Administration.
15.50.050 Validity.
15.50.010 Purpose.
The purposes of this chapter are to provide minimum standards to safeguard life, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Patterson, to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 753 § 2, 2014: Ord. 730 § 1, 2012).
15.50.020 Adoption.
That certain document in book form entitled California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, 2016 2022 Edition, including Appendix A4 thereof, as approved and copyrighted by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833, one copy of which document is now on file in the office of the city clerk of the city of Patterson, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as “California Green Building Standards Code of the City of Patterson,” and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Patterson. (Ord. 798 Att. A (part), 2017: Ord. 753 § 1, 2014: Ord. 730 § 2, 2012).
15.50.030 Administration.
Chapter 1, Sections 104 through 106 of the 2016 California Green Building Standards Code are hereby deleted and Section 103 is amended to read as follows:
SECTION 103 Administration.
Section 100(g) of the California Green Building Standards Code is hereby amended to read as follows:
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Packet Pg. 217 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) 103.1 Administrative Requirements
Administrative provisions relating to green building requirements, enforcement, permits, plans, violations, fees and penalties are specified in the California Building Code, Part 2, Volume 1, Chapter 1-Division II, as amended and adopted by the City. (Ord. 798 Att. A (part), 2017: Ord. 753 § 3, 2014).
15.50.050 Validity.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Patterson hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 753 § 4, 2014: Ord. 730 § 5, 2012).
7.1.a
Packet Pg. 218 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.54
CALIFORNIA ADMINISTRATIVE CODE
Sections:
15.54.010 Purposes.
15.54.020 Adoption.
15.54.030 Definitions.
15.54.040 Interpretation and appeals.
15.54.050 Violations and penalties.
15.54.060 Validity.
15.54.010 Purposes.
The purposes of the ordinance codified in this chapter are to provide minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public in the incorporated area of the city of Patterson by regulating the erection, construction, enlargement, alteration, repair, removal, conversion, use and maintenance of all buildings or portions thereof used, or designed, or intended to be used, for human habitation; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum of restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 727 § 1, 2012: Ord. 690 § 1, 2008: Ord. 628 § 1, 2003).
15.54.020 Adoption.
That certain document in book form entitled “California Administrative Code, California Code of Regulations, Title 24, Part 1, 2016 2022 Edition,” including the appendices thereof, as approved and copyrighted by the International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C., 20001 and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833, one copy of which is now on file in the office of the city clerk of the city of Patterson, is adopted and enacted as the “California Administrative Code of the City of Patterson” in its present form, except as to certain portions of said California Administrative Code, 2016 Edition, are hereby specifically amended. (Ord. 798 Att. A (part), 2017: Ord. 727 § 2, 2012: Ord. 690 § 2, 2008: Ord. 628 § 2, 2003).
15.54.030 Definitions.
Wherever the following words appear in the California Administrative Code, they shall be deemed to mean:
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Packet Pg. 219 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) A. “City” means the incorporated area of the city of Patterson.
B. “State” means the state of California. (Ord. 798 Att. A (part), 2017: Ord. 727 § 3, 2012:
Ord. 690 § 3, 2008: Ord. 628 § 3, 2003).
15.54.040 Interpretation and appeals.
In order to provide for a final interpretation of the provisions of this chapter and to hear appeals provided for hereunder, the city council shall designate a board of appeals. Any person dissatisfied with any decision of the administrative official may appeal in writing to the board of appeals of the city of Patterson, which statement shall specify the grounds of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the city council shall set the same for hearing for a time not later than the next regular meeting of the board and shall notify the appellant by mail of the time and place of such hearing, and at such hearing may take such evidence as it shall deem proper, and shall render all decisions and findings in writing to the administrative official, with a duplicate copy to the appellant. The decision of the city council on such appeal shall be final. (Ord. 798 Att. A (part), 2017: Ord. 727 § 4, 2012: Ord. 690 § 4, 2008: Ord. 628 § 4, 2003).
15.54.050 Violations and penalties.
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city of Patterson, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code.
Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than one hundred eighty days, or by both such fine and imprisonment. (Ord. 798 Att. A (part), 2017: Ord. 727 § 5, 2012: Ord. 690 § 5, 2008: Ord. 628 § 5, 2003).
15.54.060 Validity.
The city council of the city of Patterson hereby declares that should any section, paragraph, sentence or word of the ordinance codified in this chapter or of the codes hereby adopted be declared for any reason to be invalid or unconstitutional, it is the intent of the city council of the city of Patterson that it would have passed all other portions of the ordinance codified in this chapter independently of the elimination herefrom of any such portion as may be declared invalid or unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 727 § 6, 2012: Ord. 690 § 6, 2008: Ord. 628 § 6, 2003).
7.1.a
Packet Pg. 220 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Chapter 15.56
CALIFORNIA REFERENCE STANDARD CODE
Sections:
15.56.010 Adoption.
15.56.020 Purposes.
15.56.030 Penalties.
15.56.040 Board of appeals.
15.56.050 Validity.
15.56.010 Adoption.
That certain document in book form entitled California Reference Standard Code, California Code of Regulations, Title 24, Part 12, 2016 2022 Edition, including the appendices thereof, as approved and copyrighted by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA 90601 and California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833, California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California, 95833 and International Code Council, 500 New Jersey Avenue NW, 6th Floor, Washington, D.C., 20001, prescribing regulations governing installation, construction, maintenance, alteration, repair and inspection, one copy of which document is now on file in the office of the city clerk of the city, except as portions thereof are herein specifically amended, deleted and added to, is hereby adopted by reference as the California Reference Standard Code of the city, and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the city. (Ord. 798 Att. A (part), 2017: Ord. 637 § 1, 2003).
15.56.020 Purposes.
The purposes of the ordinance codified in this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum or restrictive enforcement and a maximum of good building information and encouragement. (Ord. 798 Att. A (part), 2017: Ord. 637 § 2, 2003).
15.56.030 Penalties.
(There are no Penalties or Board of Appeals needed for this section.)
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Packet Pg. 221 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) Section 102.3 of the California Reference Standard Code is hereby amended to read as follows:
Section 102.3. Violation and Penalties.
Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $500.00 or by imprisonment in the County Jail for not to exceed one hundred eighty (180) days, or both fine and imprisonment. Each separate day or any portion thereof during which any violation of this Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this ordinance. No permit presuming to give authority to violate or cancel the provisions of this ordinance shall be valid, except insofar as the work or use which it authorized is lawful.
The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this ordinance or of any other ordinance or from revoking any certificate of approval when issued in error.
Every permit issued by the Administrative Authority under the provisions of this ordinance shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 180 days from date of issuance of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommended, a new permit shall be first obtained and the fee shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. (Ord. 798 Att. A (part), 2017: Ord. 637 § 3, 2003).
15.56.040 Board of appeals.
Section 103.9 of the California Reference Standard Code is hereby added to read as follows:
Section 103.9. Board of Appeals.
The City Council is hereby designated as a Board of Appeals to make correct determination of any appeal arising from actions of the Administrative Authority. Any person dissatisfied with any decision of the building official may appeal in writing to the City Council of the City of Patterson, which statement shall specify the grounds of such dissatisfaction and shall set forth the address of appellant to which notice may be sent by mail. At the next regular meeting after filing of such appeal, the City Council shall set the same for hearing for a time not later than the next regular meeting of the Council and shall notify the appellant by mail of the time and place of such hearing, and the such hearing may take such evidence as it shall deem proper, and shall
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Packet Pg. 222 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption) render all decisions and finding in writing to the building official with a duplicate copy to the appellant. The appellant shall cause to be made at his own expense any tests or research required by Council to substantiate his claims. The decision of the City Council on such appeal shall be final.
(Ord. 798 Att. A (part), 2017: Ord. 637 § 4, 2003).
15.56.050 Validity.
The city council of the city hereby declares that should any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter or the code hereby adopted is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 798 Att. A (part), 2017: Ord. 637 § 5, 2003).
PASSED AND ADOPTED by the City Council of the City of Patterson at a meeting of said City Council held on the 4
th day of October 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
7.1.a
Packet Pg. 223 Attachment: Ordinance No. 865 Patterson Code Adoption-Title 15 (Ordinance No. 865 2022 Patterson Building Code Adoption)
WEST PATTERSON FINANCING AUTHORITY
AGENDA REPORT
TO: Chair McCord and Members of the West Patterson Financing Authority FROM: Ken Irwin, Executive Director
BY: Mike Willett, Public Works Director
MEETING DATE: October 4, 2022
ITEM NO: 8.1
SUBJECT: Approve Resolution No. 2022-70 a Resolution of Intention to Establish Community Facilities District, and approve Resolution No. 2022-71, a Resolution of Intention to Incur Bonded Indebtedness for a Community Facilities District (the “Resolutions of Intention”).
RECOMMENDATION
Motion to Approve Resolution No. 2022-70 a Resolution of Intention to Establish Community Facilities District, and Motion to Approve Resolution No. 2022-71, a Resolution of Intention to Incur Bonded Indebtedness for a Community Facilities District (the “Resolutions of Intention”).
BACKGROUND
The attached Resolutions of Intention for the West Patterson Financing Authority (“WPFA” or the “Authority”) will initiate the first step in establishing CFD 2022-2, which is required in order to facilitate residential development within the area known as Baldwin Ranch North project. The finalization of establishing CFD 2022-2 is subject to approval proceedings following a proposed public hearing on November 15, 2022.
The City of Patterson (“City”) is party to a development agreement relating to The Baldwin Ranch North (the “Development Agreement”) approved by Ordinance No. 859 adopted by the City Council on January 18, 2022. The Development Agreement requires, among other matters, that developers and participating landowners within The Baldwin Ranch North cooperate in the formation of a community facilities district or similar district for the purpose of financing public facilities and infrastructure totaling $17.5 million.
The territory of the proposed CFD 2022-2 is initially comprised of certain parcels within The
8.1 Packet Pg. 224
Baldwin Ranch North project in which the participating landowners are in various stages of residential development.
If the Resolutions of Intention are adopted, a public hearing on the establishment of CFD 2022-2 will be set to take place at the November 15, 2022, City Council/WPFA Board meeting.
The Resolutions of Intention are only the first step in establishing CFD 2022-2, therefore they will not finally determine that the district will be formed. In addition, the Resolutions expressly require that the participating landowners in CFD 2022-2 must finalize and execute an Operating Memorandum with the City in order for formation proceedings to proceed on November 15, 2022. Once the public hearing date for forming CFD 2022-2 is set, the following actions must take place to conclude the formation:
· Convene a public hearing to determine if interested parties wish to protest the formation of CFD 2022-2;
· Approve the Rate and Method of Apportionment of Special Tax and authorized facilities, subject to landowner vote;
· Call special election of property owners, which is expected to also be held on November 15, 2022 (based on a waiver by the participating property owners of an otherwise required 90 days before the election could be held);
· Hold the special election and declare the results; and · Authorize recording the special tax lien on the taxable property.
ANALYSIS
The formation of CFD 2022-2 will ensure that developers and landowners within The Baldwin Ranch North project meet their obligations to construct certain public infrastructure, as provided in the Development Agreement. City staff is processing final subdivision maps within The Baldwin Ranch North Development Plan. Participation in CFD 2022-2, or a similar financing district, will be required in order for these projects to proceed.
Resolution of Intention to Establish CFD 2022-2
Eligible Facilities that may be Financed by CFD 2022-2
A description of facilities that are eligible to be financed by CFD 2022-2 is attached to the Resolution as Exhibit B. Eligible facilities include wastewater, water, roadway and storm basin improvements.
Rate and Method of Apportionment of Special Tax
The Rate and Method of Apportionment of Special Tax (“RMA”) is attached to the Resolution as Exhibit A. The RMA establishes the Maximum Special Tax that can be levied on each parcel subject to the CFD 2022-2 special tax. For CFD 2022-2, the Maximum Special Tax is based on the proposed land use densities for each plan area within The Baldwin Ranch North area.
8.1 Packet Pg. 225
Public Hearing for Formation
The Resolution establishes a date for a public hearing and future proceedings regarding the proposed formation of CFD 2022-2. The public hearing date is currently proposed for November 15, 2022.
Resolution to Incur Bonded Indebtedness
This Resolution establishes some of the initial criteria for issuing bonds in connection with CFD 2022-2. The Resolution establishes maximum bonded indebtedness at $17.5 million. The $17.5 million maximum indebtedness accounts for inflation and bond issuance costs to ensure that the $17.5 million in financing for public infrastructure, as provided in the Development Agreement, is realized over time. Bonds would be issued in phases, as development proceeds. The first bond issuance could occur as early as 2023-24, and future bonds would continue to be issued in phases thereafter.
FISCAL IMPACT
Formation of CFD 2022-2 will have no impact to the Authority or to the City’s general fund. The participating landowners have been invoiced for the costs to form CFD 2022-2. Once formed, CFD 2022-2 will ensure that properties within The Baldwin Ranch North will be in a position to finance the public infrastructure and facilities necessary to serve those project areas.
ATTACHMENTS
(1) Resolution No. 2022-70 of Intention to Establish a Community Facilities District and Future Annexation Area
Exhibit A: Rate and Method of Apportionment of Special Tax Exhibit B: Description of Facilities Eligible to be Financed by the CFD Exhibit C: Notice of Public Hearing for CFD 2022-2
(2) Resolution No. 2022-71 of Intention to Incur Bonded Indebtedness for a Community Facilities District
(3) Boundary Map
8.1 Packet Pg. 226
WEST PATTERSON FINANCING AUTHORITY
Resolution No. 2022-70
A RESOLUTION OF INTENTION TO FORM A COMMUNITY FACILITIES
DISTRICT AND LEVY A SPECIAL TAX THERIN TO FINANCE THE
ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES
WEST PATTERSON FINANCING AUTHORITY
Community Facilities District No. 2022-2
(Baldwin Ranch Infrastructure)
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), the Board of Directors of the West Patterson Financing Authority (the “Board of Directors”) is authorized to establish a community facilities district, and to act as the legislative body for such community facilities district; and WHEREAS, the Board of Directors, having received indications of interest on behalf of the owners of the areas of land proposed to be included in a proposed community facilities district, desires to proceed with the establishment of a community facilities district in order to finance costs of public infrastructure necessary or incidental to new development in the City of Patterson (the “City”).
NOW, THEREFORE, be it resolved by the Board of Directors of the West Patterson Financing Authority:
1. It is proposed to establish a community facilities district within the West Patterson Financing Authority under the terms of the Act to finance costs of public infrastructure necessary or incidental to new development in the City, which may include the payment of fees related thereto related to new development.
2. The name proposed for the community facilities district is the West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure) (the “CFD”).
3. The proposed boundaries of the CFD are shown on the Map of Proposed Boundary of a proposed community facilities district to be known as West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure), West Patterson Financing Authority, Staislaus County, California, on file with the Secretary, which the Board of Directors approves as the map describing the extent of the territory included in the proposed CFD. The Board of Directors finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. The Board of Directors directs the Secretary to certify the adoption of this resolution on the face of the map, and to file a copy of the map in the office of the Secretary in accordance with Section 3111 of the California Streets and Highways Code and within 15 days of the date of adoption of this resolution but in no event later than 15 days prior to the public hearing provided for herein, transmit the map to the County Recorder for recording in the Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Staislaus.
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Packet Pg. 227 Attachment: Resolution No. 2022-70 Intent Baldwin Ranch N 10-4-22 FINAL USE (Approve Resolutions Intentions to Establish CFD 2022-2 for
4. Except to the extent that funds are otherwise available to the CFD to pay for the Facilities (as defined below), and/or the principal and interest as it becomes due on bonds issued by the Authority for the CFD to construct and/or acquire the Facilities, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in the Rate, Method of Apportionment and Manner of Collection of Special Tax attached hereto as Exhibit A and hereby incorporated herein (the “Rate and Method”).
The Board of Directors hereby finds that the provisions of Sections 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.
As required by Section 53339.3(d) of the Act, the Board of Directors hereby determines that the special tax proposed to pay for public facilities financed with bonds that have already been issued and that are secured by the existing CFD shall be the same as the tax levied in the existing CFD for that purpose, except that a higher special tax may be levied for that purpose within the territory proposed to be annexed or to be annexed in the future to compensate for the interest and principal previously paid by the existing CFD, less any depreciation allocable to the public facility. In so finding, the Board of Directors does not intend to limit its ability to levy a special tax within territory which may be annexed in the future to pay for new or additional public facilities, with or without bond financing.
5. The type of public facilities proposed to be financed by the CFD and pursuant to the Act shall consist of those items listed as Facilities (the “Facilities”) on Exhibit B hereto and hereby incorporated herein. The financing of the costs of Facilities may include, without limitation, the payment of principal of and interest on bonds together with all direct, indirect periodic, and/or other related costs (including, without limitation, costs of administering the CFD, levying the Special Tax and administering the bonds, and establishing and replenishing reserve funds). The Board of Directors hereby finds and determines that the public interest will not be served by allowing the property owners in the CFD to enter into a contract in accordance with Section 53329.5(a) of the Act. Notwithstanding the foregoing, the Board of Directors, on behalf of the CFD, may enter into one or more contracts directly with any of the property owners with respect to the construction and/or acquisition of any portion of the Facilities.
6. Except as may otherwise be provided by law or by the Rate and Method, all lands owned by any public entity, including the United States, the State of California and the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Tax, the Board of Directors will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the required debt service payments and other annual expenses of the CFD, if any, subject to the provisions of the Rate and Method. It is anticipated that the Special Tax will be billed as a separate line item on the regular property tax bill. However, the Board of Directors reserves the right, under Section 53340 of the Act, to utilize any method of collecting the special tax which it shall, from time to time, determine to be
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Packet Pg. 228 Attachment: Resolution No. 2022-70 Intent Baldwin Ranch N 10-4-22 FINAL USE (Approve Resolutions Intentions to Establish CFD 2022-2 for in the best interests of the Authority, including, but not limited to, direct billing by the Authority to the property owners and supplemental billing.
7. The levy of the Special Tax shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each acre or portion of an acre such owner owns in the CFD. The Board of Directors hereby determines that the Facilities are necessary to meet increased demands placed upon local agencies as the result of development occurring within the CFD.
8. It is the intention of the Board of Directors, acting as the legislative body for the CFD, to cause bonds of the Authority to be issued for the CFD pursuant to the Act to finance in whole or in part the construction and/or acquisition of the Facilities. The bonds issued in these proceedings shall be callable in accordance with the provisions of the Act, and shall be issued in such series and bear interest payable semi-annually or in such other manner as the Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, shall mature not to exceed 40 years from the date of the issuance thereof and shall be as more specifically set forth in any resolution authorizing the issuance of such bonds.
9. The Finance Director of the City, as the officer having charge and control of the Facilities in and for the CFD, or the designee of such official, is hereby directed to cause and direct a study of said proposed CFD and the Facilities, and to cause to be prepared for filing at the public hearing the report required by Section 53321.5 of the Act (the “CFD Report”) presenting at least the following:
(a) A brief description of the Facilities by type which will be required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act.
The CFD Report shall be made a part of the record of the public hearing specified below.
10. The Board of Directors also intends to establish the annual appropriations limit of the CFD in the amount of $17,500,000.
11. The Board of Directors hereby sets November 15, 2022, at 7:00 p.m., at the City of Patterson Council Chambers located at 1 Plaza, Patterson, California 95363, as the time and place when and where the Board of Directors, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD, and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD, and the levy of the Special Tax. At the hearing, testimony concerning the CFD, the extent of the CFD, or the furnishing of the particular types of public facilities will be heard and protests will be considered from registered voters residing within the CFD and persons owning real property within the CFD. Written protests by the owners of a majority of the land which would be subject to special taxation within the proposed CFD will require the suspension of proceedings for at least one year. Written protests must be filed with the Secretary at or before the time fixed for the
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Packet Pg. 229 Attachment: Resolution No. 2022-70 Intent Baldwin Ranch N 10-4-22 FINAL USE (Approve Resolutions Intentions to Establish CFD 2022-2 for hearing. If such protests are directed only against certain elements of the proposed improvements or proposed special tax, and if such protests constitute a majority protest, only those elements shall be deleted from the proceedings.
12. The Secretary is hereby directed to cause notice of the public hearing, attached hereto as Exhibit C, to be given by one-time publication in a newspaper published in the area of the CFD. The publication shall be completed at least 7 days before the date of the public hearing referenced above. The notice shall be substantially in the form specified in Section 53322 of the Act and attached hereto, with the form summarizing the provisions hereof hereby specifically approved.
13. This Resolution shall take effect from and after its adoption. * * * * * *
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Packet Pg. 230 Attachment: Resolution No. 2022-70 Intent Baldwin Ranch N 10-4-22 FINAL USE (Approve Resolutions Intentions to Establish CFD 2022-2 for PASSED AND ADOPTED by the Board of Directors of the West Patterson Financing Authority on the 4
TH day of October, 2022, by the following roll call vote:
AYES:
NOES:
EXCUSED:
ATTEST:
_______________________
Aracely Alegre, Secretary
APPROVED:
____________________
Dennis McCord, Chair
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 4th day of October 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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EXHIBIT A
[ATTACH A COPY OF THE RATE AND METHOD OF APPORTIONMENT
FOR THE COMMUNITY FACILITIES DISTRICT]
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EXHIBIT A
WEST PATTERSON FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 2022-2
(BALDWIN RANCH INFRASTRUCTURE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor’s Parcel in the West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure) [herein “CFD No. 2022- 2”] shall be levied and collected according to the tax liability determined by the Board of Directors of the West Patterson Financing Authority or its designee, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in CFD No. 2022-2, unless exempted by law or by the provisions of Section F below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2022-2 unless the Board adopts, and the owners of the annexed land unanimously approve, a separate Rate and Method of Apportionment of Special Tax for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of limited size (e.g., granny cottage, second unit) that shares a Parcel with a Unit of Single Family Property. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means any or all of the following: the fees and expenses of any fiscal agent or trustee (including any fees or expenses of its counsel) employed in connection with any Bonds, and the expenses of the Authority or the City in carrying out their respective duties with respect to CFD No. 2022-2 and the Bonds, including, but not limited to, the levying and collection of the Special Tax, the fees and expenses of their respective counsel, charges levied by the County Auditor’s Office, Tax Collector’s Office, and/or the County Treasurer’s Office, costs related to annexing property into CFD No. 2022-2, costs related to property owner inquiries regarding the Special Tax, amounts needed to pay rebate to the federal government with respect to Bonds, costs related to complying with continuing disclosure requirements under the California Government Code with respect to the Bonds and the Special Tax, and all other costs and expenses of the Authority and the City in any way related to the establishment or administration of CFD No. 2022-2. “Administrator” means the person or firm designated by the Authority to administer the Special Tax according to this Rate and Method of Apportionment of Special Tax.
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“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification. “Authority” means the West Patterson Financing Authority. “Board” means the Board of Directors of the Authority, acting as the legislative body of CFD No. 2022-2.
“Bonds” means bonds or other debt (as defined in the Act), whether in one or more series, issued, insured, or assumed by CFD No. 2022-2 related to public infrastructure and/or improvements that will serve property included within CFD No. 2022-2.
“CFD No. 2022-2” means the West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure).
“City” means the City of Patterson.
“County” means the County of Stanislaus.
“Developed Property” means, in any Fiscal Year, all Taxable Property in CFD No. 2022-2 for which a building permit for new construction was issued by the City prior to June 1 of the preceding Fiscal Year, but not prior to June 1, 2021.
“Final Map” means a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) that creates lots which do not need to be further subdivided prior to issuance of a building permit for a residential or non-residential structure.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Indenture” means the bond indenture, fiscal agent agreement, trust agreement, resolution, or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Class” means any of the classes listed in Table 1 below. “Maximum Special Tax” means the maximum amount of Special Tax, determined in accordance with Section C below, which can be levied in any Fiscal Year.
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“Net Acre” or “Net Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Subdivision Map or other recorded County parcel map. Net Acreage shall include a proportional allocation of road right-of-way included within the Subdivision Map, as applicable. The Net Acreage of a Parcel or Subdivision Map shall be determined in the sole discretion of the City.
“Non-Residential Property” means, in any Fiscal Year, all Parcels of Developed Property that have or will have a commercial, office, lodging, institutional (e.g., churches, private schools), or industrial building(s) constructed on them.
“Other Residential Property” means Developed Property that has or will have Units constructed on the Parcel, other than Units of Single Family Property. “Proportionately” means, in any Fiscal Year, that the ratio of the actual Special Tax to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property within CFD No. 2022-2.
“Public Property” means any property within the boundaries of CFD No. 2022-2 that is owned by or irrevocably offered for dedication to the federal government, State of California, or other local government or public agency.
“RMA” means this Rate and Method of Apportionment of Special Tax. “Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex, triplex, or fourplex unit, which may share a Parcel with another duplex, triplex, or fourplex Unit(s)), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures that meet the statutory definition of a condominium project contained in Civil Code Section 4125.
“Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a Unit that does not share a common wall with another Unit.
“Single Family Property” means all Assessor’s Parcels of Single Family Attached Property and Single Family Detached Property.
“Special Tax” means a special tax levied in any Fiscal Year that will be used to pay the Special Tax Requirement.
“Special Tax Requirement” means the amount necessary in any Fiscal Year (i) to pay principal and interest on Bonds that is due in the calendar year which begins in such Fiscal Year, (ii) to create or replenish reserve funds, (iii) to cure any delinquencies in the payment of principal or interest on
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Bonds which have occurred in the prior Fiscal Year, (iv) to pay Administrative Expenses, and (v) to pay the costs of public improvements and public infrastructure authorized to be financed by CFD No. 2022-2. The amounts referred to in clauses (i) and (ii) of the preceding sentence may be reduced in any Fiscal Year by (i) interest earnings on or surplus balances in funds and accounts for the Bonds to the extent that such earnings or balances are available to apply against debt service pursuant to the Indenture, Bond resolution, or other legal document that set forth these terms, (ii) proceeds from the collection of penalties associated with delinquent Special Taxes, and (iii) any other revenues available to pay debt service on the Bonds as determined by the Administrator. “Subdivision Map” means a Final Map, large lot subdivision map, condominium plan, or other map recorded with the County that results in the subdivision of an original Parcel into two or more successor Parcels.
“Taxable Property” means all Parcels within the boundary of CFD No. 2022-2 that are not exempt from the Special Tax pursuant to law or Section F below. “Unit” means an individual single-family detached or attached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure. An Accessory Unit that shares a Parcel with a single-family detached unit shall not be considered a separate Unit for purposes of this RMA.
B. DATA FOR ADMINISTRATION OF SPECIAL TAXES
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Developed Property within CFD No. 2022-2. The Administrator shall also determine: (i) the Net Acreage of each Parcel; (ii) which Parcels of Developed Property are Single Family Property, Other Residential Property, and Non-Residential Property; and (iii) the Special Tax Requirement for the Fiscal Year.
In any Fiscal Year, if it is determined that (i) a Subdivision Map for property in the CFD No. 2022-2 was recorded after January 1 of the prior Fiscal Year (or any other date after which the County Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the Subdivision Map was recorded, the County Assessor does not yet recognize the new Parcels created by the Subdivision Map, and (iii) a building permit was issued prior to June 1 of the prior Fiscal Year for development on one or more of the newly-created Parcels, the Administrator shall calculate the Special Tax for Units or Net Acreage within the subdivided area and levy such Special Tax on the Parcel(s) that was subdivided by recordation of the Subdivision Map.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax rates in Table 1 below apply to all Parcels of Residential Property, Other Residential Property, and Non-Residential Property within CFD No. 2022-2:
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Packet Pg. 236 Attachment: Resolution No. 2022-70 Intent Baldwin Ranch N 10-4-22 FINAL USE (Approve Resolutions Intentions to Establish CFD 2022-2 for WPFA CFD No. 2022-2 5 August 15, 2022
Table 1
MAXIMUM SPECIAL TAX RATES
Land Use Class Maximum Special Tax
(Fiscal Year 2022-23) *
Single Family Property $1,740 per Unit
Other Residential Property $2,500 per Net Acre
Non-Residential Property $2,500 per Net Acre
* Beginning July 1, 2023, and each July 1 thereafter, all of the Maximum Special Tax rates shown in Table 1 above shall be increased by an amount equal to two percent (2.0%) of the amount in effect for the prior Fiscal Year.
Pursuant to Section 53321(d) of the Act, the Special Tax levied against a Parcel used for private residential purposes shall under no circumstances increase by more than ten percent (10%) in any year as a consequence of delinquency or default by the owner of any other Parcel or Parcels and shall, in no event, exceed the Maximum Special Tax in effect for the Fiscal Year in which the Special Tax is being levied.
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Taxes levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes for all Units of Single Family Property and the Maximum Special Taxes for all Net Acres of Other Residential Property and Non-Residential Property (based on the applicable Subdivision Map, parcel map, development plan, condominium plan, or other recorded County map) located on that Assessor’s Parcel.
D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Number for each Parcel of Taxable Property within CFD No. 2022-2.
Each Fiscal Year prior to the sale of Bonds, the Maximum Special Tax shall be levied on all Parcels of Developed Property within CFD No. 2022-2. Each Fiscal Year after Bonds have been sold, the Administrator shall determine the Special Tax Requirement, and the Special Tax shall be levied Proportionately on each Parcel of Developed Property, up to 100% of the Maximum Special Tax assigned to each Parcel, until the amount levied is equal to the Special Tax Requirement.
E. MANNER OF COLLECTION
The Special Tax for CFD No. 2022-2 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the City may directly bill the Special
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WPFA CFD No. 2022-2 6 August 15, 2022
Tax, may collect Special Taxes at a different time or in a different manner, and may collect delinquent Special Taxes through foreclosure or other available methods.
The Special Tax shall be levied and collected until principal and interest on Bonds have been repaid and authorized facilities to be constructed directly from Special Tax proceeds have been completed.
However, in no event shall Special Taxes be levied after Fiscal Year 2072-73.
F. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on Public Property, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act.
G. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section G:
“Remaining Facilities Costs” means the Public Facilities Requirement minus public facility costs funded by Outstanding Bonds, direct funding through the annual CFD No. 2022-2 Special Tax levy, developer equity, and/or any other source of funding. “Outstanding Bonds” means all Previously Issued Bonds that remain outstanding, with the following exception: if a Special Tax has been levied against, or already paid by, an Assessor’s Parcel making a prepayment, and a portion of the Special Tax will be used to pay a portion of the next principal payment on the Bonds that remain outstanding (as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal that remains outstanding, and the difference shall be used as the amount of Outstanding Bonds for purposes of this prepayment formula. “Previously Issued Bonds” means all Bonds that have been issued prior to the date of prepayment.
“Public Facilities Requirement” means either $10,850,000 in 2022 dollars, which shall increase on January 1, 2023, and on each January 1 thereafter by the percentage increase, if any, in the Construction Cost Index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News-Record or other comparable source if the Engineering News-Record is discontinued or otherwise not available, or such other number as shall be determined by the Administrator in coordination with the City as sufficient to fund improvements that are authorized to be funded by CFD No. 2022-2. Notwithstanding the foregoing, the Administrator shall recalculate the Public Facilities Requirement to include the estimated public facilities costs that will be funded by the increased Maximum Special Tax revenue generated by property that annexes into CFD No. 2022-2
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The Special Tax obligation applicable to an Assessor’s Parcel in CFD No. 2022-2 may be prepaid and the obligation of the Assessor’s Parcel to pay the Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Special Tax obligation shall provide the City with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City or its designee shall notify such owner of the prepayment amount for such Assessor’s Parcel. Prepayment must be made not less than 75 days prior to any redemption date for Bonds to be redeemed with the proceeds of such prepaid Special Taxes. Only full prepayments may be made; partial prepayments are not allowed.
The Prepayment Amount shall be calculated as follows (capitalized terms as defined below):
Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit (if applicable)
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by application of the following steps:
Step 1. Compute the total Maximum Special Tax that could be levied on an Assessor’s Parcel, as if it were Developed Property (if not already Developed Property), whose owner is requesting to prepay the Special Tax in the Fiscal Year in which prepayment would be received by the City.
Step 2. Divide the Maximum Special Tax computed pursuant to Step 1 for such Assessor’s Parcel by the revenue that could be generated at the time of the prepayment if the Maximum Special Tax was levied on all Parcels, as if they were Developed Property (if not already Developed Property), inside CFD No. 2022-2.
Step 3. Multiply the quotient computed pursuant to Step 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).
Step 4. Compute the current Remaining Facilities Costs (if any).
Step 5. Multiply the quotient computed pursuant to Step 2 by the amount determined pursuant to Step 4 to compute the amount of Remaining Facilities Costs to be prepaid (the “Remaining Facilities Amount”).
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Step 6. Multiply the Bond Redemption Amount computed pursuant to Step 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).
Step 7. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment has been received until the earliest redemption date for the Outstanding Bonds. However, if Bonds are callable at the first interest payment date after the prepayment has been received, Steps 7, 8 and 9 of this prepayment formula will not apply.
Step 8: Compute the amount of interest the City reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium from the first Bond interest payment date after which the prepayment has been received until the redemption date for the Outstanding Bonds.
Step 9: Take the amount computed pursuant to Step 7 and subtract the amount computed pursuant to Step 8 (the “Defeasance Requirement”).
Step 10. Administrative fees and expenses of CFD No. 2022-2 are as calculated by the Administrator and include the costs of computing the prepayment, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).
Step 11. If and to the extent so provided in the Indenture, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”).
Step 12. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to Steps 3, 5, 6, 9, and 10, less the amount computed pursuant to Step 11 (the “Prepayment Amount”).
Once a full prepayment of a Parcel’s Special Tax obligation has been received, a Notice of Cancellation of Special Tax Lien shall be recorded against the Parcel to reflect the discharge of the Parcel’s obligation to pay the Special Tax. However, a Notice of Cancellation of Special Tax Lien shall not be recorded until all Special Taxes levied on the Parcel in the current or prior Fiscal Years have been collected.
H. INTERPRETATION OF SPECIAL TAX FORMULA
The Authority reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Tax. In addition, the interpretation and application of any section of this document shall be left to the Authority’s
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discretion. Interpretations may be made by the Authority by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.
I. APPEAL OF SPECIAL TAX LEVY
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than one calendar year after having paid the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and decide the appeal. If the property owner disagrees with the Administrator’s decision relative to the appeal, the owner may then file a written appeal with the Board whose subsequent decision shall be binding. If the decision of the Administrator (if the appeal is not filed with the Board) or the Board (if the appeal is filed with the Board) requires the Special Tax to be modified or changed in favor of the property owner, no cash refund shall be made for prior years’ Special Tax levies, but an adjustment shall be made to the next Special Tax levy. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to any legal action by such owner.
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EXHIBIT B
DESCRIPTION OF FACILITIES TO BE FINANCED BY THE CFD
Wastewater Treatment Plant Expansion. Includes expansion of detention ponds and treatment facilities to serve the West Patterson Business Park and Baldwin Ranch.
Water Transmission and Distribution Loop Pipeline. Includes a 14/16” transmission and distribution pipeline around the Northern part of the City to complete the loop water system around the City. Also includes various other water lines that serve West Patterson Business Park and Baldwin Ranch.
Roadways. Roadways within and in the vicinity of the West Patterson Business Park and Baldwin Ranch, including curb, gutter, sidewalks, street lights, asphalt paving, signal lights, joint trench, etc.
Drainage. Water, sewer, storm drain distribution and collection infrastructure within West Patterson Business Park and Baldwin Ranch.
West Patterson Environmental Impact Report Mitigation Measure Improvements. Includes various intersection improvements set forth in Exhibit I to the Development Agreement Baldwin Ranch North, some of which are located outside the City limits.
Park and Sport Complex. May include various improvements to Parks in Baldwin Ranch or at the City’s Sports Complex.
Costs Associated with Improvements. The public improvements may include the acquisition of right-or-way and land, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, landscaping and irrigation, utility undergrounding, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs of the improvements, the CFD and the bonds, coordination, supervision and administrative and any other costs or appurtenances related to any of the foregoing.
Administrative Costs. The District may also finance any related expenses authorized by the Mello-Roos Community Facilities Act of 1982, including but not limited to:
(a) Bond related expenses, including underwriters discount, reserve fund, capitalized interest, bond and underwriters counsel and all other incidental expenses. (b) Administrative fees of the Authority, the City of Patterson and the Bond trustee or fiscal agent related to the District and the Bonds.
(c) Reimbursement of costs related to the formation of the District advanced by the Authority, the City of Patterson or any related entity, or any landowner or developer within the District, as well as reimbursement of any costs advanced by the Authority or any related entity,
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Packet Pg. 242 Attachment: Resolution No. 2022-70 Intent Baldwin Ranch N 10-4-22 FINAL USE (Approve Resolutions Intentions to Establish CFD 2022-2 for or any landowner or developer within the District, for facilities, fees or other purposes or cost of the District.
(d) City of Patterson and Developer may add facilities to the list that are not listed or cover by the initial facilities description.
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EXHIBIT C
FORM OF
NOTICE OF PUBLIC HEARING ON PROPOSED WEST PATTERSON FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2022-2 (BALDWIN RANCH
INFRASTRUCTURE)
The West Patterson Financing Authority is considering the formation of a community facilities district (the "CFD") under the authority of the Mello-Roos Community Facilities District Act of 1982, as amended, to fund certain public facilities related to new development within the West Patterson Financing Authority, and to incur bonded indebtedness of the CFD.
This Notice contains a brief summary of the proposal, but you are referred to the Board of Directors's Resolution of Intention to Form a Community Facilities District, and Levy a Special Tax (No. _____, adopted October 4, 2022) and its Resolution of Intention to Incur Bonded Indebtedness (No. _____, adopted October 4, 2022) for details of the proposals.
The proposal is to subject the property within the CFD to a special tax which will be used to pay for authorized facilities within the CFD, including paying principal and interest on bonds used to build facilities, and will expire when the bonds are retired and all eligible facilities are financed. The proceeds of the bonds will be used to pay for the facilities and other expenses set forth in the resolutions referred to in the preceding paragraph. A map showing the land proposed to be included in the CFD is on file with the Secretary.
As set forth below, the Board of Directors will hold a public hearing on the establishment of the CFD, the facilities to be financed by the CFD, and the levy of the special tax within the CFD.
The proposal also includes authority to issue up to $17,500,000 in bonds to be repaid by the special tax. Neither the West Patterson Financing Authority nor any person outside the CFD has any liability for the special tax or the bonds. The security for the bonds is limited to the property subject to the special tax within the CFD.
In order to confer the authority upon the Board of Directors of the West Patterson Financing Authority to levy the special tax and to issue the bonds, a public hearing must be held on the proposal, then the Board of Directors will decide whether to form the CFD, and finally the qualified electors within the CFD must approve the proposal by a two-thirds vote. Where the CFD is uninhabited (as is the case here) the qualified electors are, pursuant to law, the owners of property within the CFD.
This is the notice of the public hearing. The public hearing will be held during the Board of Directors meeting on November 15, 2022 at 7:00 p.m., in the Patterson Council Chambers located at1 Plaza, Patterson, California.
8.1.a
Packet Pg. 244 Attachment: Resolution No. 2022-70 Intent Baldwin Ranch N 10-4-22 FINAL USE (Approve Resolutions Intentions to Establish CFD 2022-2 for At the hearing, the testimony of all interested persons or potential special taxpayers for or against the formation of the CFD, the authorization to levy the special tax, and the authorization to issue the bonds will be heard.
If written protests against the proposed CFD are delivered to the Secretary at or before the time set for the hearing by either registered voters residing within, or the owners of property within, the proposed CFD, they will be counted toward a possible majority protest. Such protests by a majority of the registered voters residing within the CFD or by the owners of a majority of the land area within CFD which is or will be subject to the special tax, if not withdrawn prior to the close of the hearing so as to reduce the value of the protests to less than a majority, will require the proposed CFD to be eliminated from immediate consideration, and prevent its being included in a subsequent proceedings for at least one year.
If the Board of Directors, after the public hearing, determines that a majority protest under Section 53324 of the California Government Code was not made at the hearing, the Board of Directors may conduct an election by mailed ballot to levy a special tax within the CFD.
Questions should be directed to the Finance Director, telephone (209) 895-8046.
Dated: _______________, 2022
/s/ Aracely Alegre
Secretary
West Patterson Financing Authority
8.1.a
Packet Pg. 245 Attachment: Resolution No. 2022-70 Intent Baldwin Ranch N 10-4-22 FINAL USE (Approve Resolutions Intentions to Establish CFD 2022-2 for
WEST PATTERSON FINANCING AUTHORITY
RESOLUTION NO. 2022-71
A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS TO
FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC
FACILITIES IN AND FOR A COMMUNITY FACILITIES DISTRICT
WEST PATTERSON FINANCING AUTHORITY
Community Facilities District No. 2022-2
(Baldwin Ranch Infrastructure)
WHEREAS, the Board of Directors of the West Patterson Financing Authority (the “Board of Directors”) has this date adopted its Resolution of Intention to Form a Community Facilities District, and Levy a Special Tax (the “Resolution of Intention”), stating its intention to form the West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), for the purpose of financing certain public improvements (the “Facilities”), as further provided in that Resolution of Intention; and WHEREAS, the Board of Directors estimates the amount required for the financing of the costs of the Facilities to be the sum of not to exceed $17,500,000; and WHEREAS, in order to finance the costs of the Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $17,500,000 on behalf of the CFD.
NOW, THEREFORE, be it resolved by the Board of Directors of the West Patterson Financing Authority:
1. The Board of Directors declares and finds that in order to finance the acquisition and construction of public facilities described in the Board of Directors’s Resolution of Intention, captioned "A RESOLUTION OF INTENTION TO FORM A COMMUNITY FACILITIES DISTRICT
AND LEVY A TAX THEREIN TO FINANCE THE ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES" it is necessary to incur a bonded indebtedness.
2. The purpose for which the proposed debt is to be incurred is to provide the funds necessary to pay for the cost of said Facilities.
3. The maximum amount of the proposed debt is $17,500,000. Indebtedness subject to this limit shall only include indebtedness evidenced by bonds or notes and shall not include bonds described in Section 53364.2(e) of the Act.
4. It is the intention of the Board of Directors that any such bonds issued shall be made callable in accordance with the terms of the Act and as more specifically to be set forth in any resolution authorizing issuance of the bonds, and shall be issued in such series and bear interest payable semi-annually or in such other manner as the Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof.
8.1.b
Packet Pg. 246 Attachment: Resolution No. 2022-71 Resolution to incur bonded indebtedness (Approve Resolutions Intentions to Establish CFD 2022-2 for
5. In the event any series of bonds issued under the authorization is refunded to produce savings meeting the requirement of Section 53362.5 of the Act, all or a portion of the savings achieved through the issuance of refunding bonds may be used to finance Facilities insofar as the savings component provides capacity for bonded indebtedness in excess of that being refunded, and such additional bonded indebtedness shall not reduce and may exceed the amount of bonded indebtedness authorized herein.
6. The Board of Directors hereby sets November 15, 2022, at 7:00 p.m., at the City of Patterson Council Chambers located at 1 Plaza, Patterson, California 95363, as the time and place for a hearing by the Board of Directors on the proposed bond issue. At that time and place any persons interested, including any persons owning property in the CFD, will be heard.
7. The Secretary is hereby directed to cause notice of said public hearing to be given by one-time publication in a newspaper of general circulation circulated within the CFD.
The publication of said notice shall be completed at least 7 days before the date herein set for said public hearing. Such notice shall be substantially in the form specified in Section 53346 of the Act, with the form summarizing the provisions hereof hereby specifically approved.
8. This Resolution shall take effect from and after its adoption. * * * * * *
PASSED AND ADOPTED by the Board of Directors of the West Patterson Financing Authority on the 4
th day of October, 2022, by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
___________________________________
Dennis McCord, Chair
ATTEST:
Aracely Alegre, Secretary
8.1.b
Packet Pg. 247 Attachment: Resolution No. 2022-71 Resolution to incur bonded indebtedness (Approve Resolutions Intentions to Establish CFD 2022-2 for 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 4 th day of
October 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
8.1.b
Packet Pg. 248 Attachment: Resolution No. 2022-71 Resolution to incur bonded indebtedness (Approve Resolutions Intentions to Establish CFD 2022-2 for R DG GDR ENGINEERING, Inc.
CITY OF PATTERSON, COUNTY OF STANISLAUS, STATE OF CALIFORNIA
WEST PATTERSON FINANCING AUTHORITY
COMMUNITY FACILTIES DISTRICT NO. 2022-2
(BALDWIN RANCH INFRASTRUCTURE) PRELIMINARY
CITY CLERK'S STATEMENT
COUNTY RECORDER'S STATEMENT
PROPOSED BOUNDARY OF
COMMUNITY FACILITIES DISTRICT
CALVINSON PARKWAY VALLEY RANCH PARKWAY BALDWIN ROAD BALDWIN ROAD PARK CENTER DRIVE
CALVINSON PARKWAY
SPERRY AVENUE SPERRY AVENUE DELTA MENDOTA CANAL
AZALEA DRIVE
LEGEND R GD
JEREMIAH WAY
DELTA MENDOTA CANAL
8.1.c
Packet Pg. 249 Attachment: Baldwin Ranch CFD Boundary Map 09-22-2022 (Approve Resolutions Intentions to Establish CFD 2022-2 for Baldwin Ranch North) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: October 4, 2022
ITEM NO: 8.2
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 862, reading by title only, waiving further reading, An Ordinance of the City Council of the City of Patterson, Approving to prezone the properties located within the Zacharias and Baldwin Ranch Master Plan.
RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 862, reading by title only, waiving further reading, An Ordinance of the City Council of the City of Patterson, Approving to prezone the properties located within the Zacharias and Baldwin Ranch Master Plan.
BACKGROUND
Motion to approve Second Reading of Ordinance No. 862, Reading by title only, waiving further reading.
Motion to Adopt Ordinance No. 862, Reading by title only, waiving further reading.
ANALYSIS
On August 16, 2022, the City Council approved the first reading and introduction of Ordinance No. 862 in regards to approving to prezone the properties located within the Zacharias and Baldwin Ranch Master Plan. Staff is now requesting for City Council to approve the second reading and adoption of Ordinance No. 862 as presented and hereto attached.
8.2 Packet Pg. 250
{CW115266.4}
ORDINANCE NO. 862_
AN ORDINANCE OF THE CITY OF PATTERSON CITY COUNCIL
TO PREZONE THE PROPERTIES LOCATED WITHIN
THE ZACHARIAS AND BALDWIN RANCH MASTER PLAN
WHEREAS, in conjunction with this Resolution, the Patterson City Council by separate Resolution has adopted the Zacharias & Baldwin Ranch Master Plan (“Master Plan”) and a General Plan Amendment to establish a comprehensive land use and regulatory structure for the development of approximately 1,361 acres outside the existing City of Patterson (“City”) limits; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), the City has prepared an Environmental Impact Report (SCH# 2018122052) for adoption of the Master Plan; and
WHEREAS, implementation of the Master Plan will require annexation of land that is currently under the jurisdiction of Stanislaus County; and WHEREAS, in conjunction with this Resolution, the City Council by separate Resolution has authorized staff to file an application with the Stanislaus Local Agency Formation Commission (“Stanislaus LAFCO”) to expand the City’s Sphere of Influence and annex the Master Plan area; and
WHEREAS, pursuant to Government Code sections 56375, subdivision (a)(7), and 65859, the City must prezone the affected properties prior to Stanislaus LAFCO commencing annexation proceedings for the Master Plan; and
WHEREAS, the City intends to zone the Master Plan area as Low Density, Medium Density, and High Density Residential, Mixed Use, General Commercial, Light Industrial, and Parks and Open Space, as further described in Figures 5 and 7 of the Master Plan, attached hereto respectively as Exhibit A and Exhibit B; and
WHEREAS, on August 12, 2021, the Patterson Planning Commission conducted a duly noticed public hearing and recommended approval of the prezoning for the Master Plan; and WHEREAS, the properties affected by this Resolution are all the properties within the Master Plan, consisting of the Assessor Parcel Numbers (“APN”) described on Exhibit C attached hereto; and
WHEREAS, based on its review and consideration of the staff report, Master Plan documents, and oral and written testimony presented, the City Council hereby finds as follows:
1. The proposed prezone is consistent with the Master Plan and the goals, policies, and implementation programs of the General Plan;
8.2.a
Packet Pg. 251 Attachment: Ordinance No. 862 Zacharias-BR South Prezoning (Ordinance No. 862 Second Reading and Adoption) {CW115266.4}
2. The proposed prezone benefits and does not harm the public necessity, convenience, and general welfare;
3. The proposed rezone will result in an orderly planning use of land resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
1. The properties within the Master Plan are hereby prezoned to be consistent with the land use designations depicted in Exhibit A and Exhibit B. The affected properties are further described in the list of APNs attached hereto as Exhibit C.
2. The Planning Director is directed to amend the City’s Zoning Map to reflect the prezoning adopted by this Ordinance.
3. The City Manager or his or her designee is directed to execute all documents and perform all other necessary acts to implement the purpose of this Ordinance.
4. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance shall be published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
The foregoing Ordinance was introduced at a meeting of the City Council of the City of Patterson held on the 16th day of August 2022, by __________________, who moved its introduction, which motion was duly seconded by ________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ____, day of ______________, 2022, and after such reading, ______________ moved its adoption, seconded by_____________, and said Ordinance was thereupon adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Dennis McCord
Mayor of the City of Patterson
8.2.a
Packet Pg. 252 Attachment: Ordinance No. 862 Zacharias-BR South Prezoning (Ordinance No. 862 Second Reading and Adoption) {CW115266.4}
ATTEST:
Aracely Alegre
City Clerk of the City of Patterson
8.2.a
Packet Pg. 253 Attachment: Ordinance No. 862 Zacharias-BR South Prezoning (Ordinance No. 862 Second Reading and Adoption) {CW115266.4}
EXHIBIT A
Prezoning for Zacharias Area of Master Plan
8.2.a
Packet Pg. 254 Attachment: Ordinance No. 862 Zacharias-BR South Prezoning (Ordinance No. 862 Second Reading and Adoption) {CW115266.4}
EXHIBIT B
Prezoning for Baldwin Ranch Area of Master Plan
8.2.a
Packet Pg. 255 Attachment: Ordinance No. 862 Zacharias-BR South Prezoning (Ordinance No. 862 Second Reading and Adoption) {CW115266.4}
EXHIBIT C
Assessor Parcel Numbers of Affected Properties
8.2.a
Packet Pg. 256 Attachment: Ordinance No. 862 Zacharias-BR South Prezoning (Ordinance No. 862 Second Reading and Adoption) Figure 5: Zacharias Land Use Plan
Baldwin Road
Ward Avenue
Railroad
Hwy. 33
Hwy. 33 Eucalyptus
Avenue
Zacharias Road
Rose Avenue
Ivy Avenue
P.I.D. Canal
P.I.D. Canal
M
M
M M
M
M
P-10
P-9
M
M
M
M
P-6
M
M
M
H
M
MX
MX
MX OS-2
OS-1
H M
P-5
M M
M M
M
L
L
L
MX
LI
LI
LI
LI
LI
M
LI
LI
GC
P-2
M
P-3
B-2
B-5
M
B-1
B-4
B-3
P-1
M
Zacharias Road
Rogers Road Rogers Road
L
L M
L
L
L
P-4
L L
PA 1
PA 3
PA 2
PA 4
PA 5
PA 6
PA 7
PA 20
PA 19
PA 12
PA 18 PA 17
PA 11
PA 8 PA 9
PA 10
PA 23
PA 16 PA 31
PA 30
PA 24 PA 25
PA 29
PA 26
PA 28 PA 27
PA 65
PA 64
PA 36
PA 34
PA 33
PA 57
PA 32 PA 63
PA 62
PA 39
PA 56
PA 54 PA 55
PA 51
PA 49
PA 45
PA 48
PA 47 PA 46 PA 43
PA 42
PA 41
PA 15
M
PA 13 M
PA 14
L PA 21
L PA 22
M
PA 35
M
PA 38
M
PA 37
H PA 58
MX
PA 53
MX
PA 52
MX
PA 50
P-11
M
PA 59
M
PA 60
M
PA 61 M
PA 40
M
PA 44
P-7
P-8
MS
ES
OS-3
OS-4
R
D G GDR ENGINEERING, Inc. ENGINEERING/SURVEYING/PLANNING 3525 MITCHELL ROAD, SUITE G CERES, CA 95307
Contact: Haren Sanghera / Max Garcia
TELEPHONE: (209) 538-3360 FAX: (209) 538-7370
R
GD
450 225 0 900
(If this sheet is not 24x36, it is a reduced print)
450
www.gdrengrineering.com
DEVELOPMENT FRAMEWORK
Low Density Residential (1.0 - 5.0 U.P.A.)
Medium Density Residential (5.1 - 12.0 U.P.A.)
Mixed Use Proposed Parks
L
M
MX P
OS
H High Density Residential (12.1 - 25.0 U.P.A.)
Open Space / Lake / Flood Control /
Park / Recharge Basin
Existing Roads
New Collector and Arterial Streets
City of Patterson Limits Annexation Area Conceptual Land Use Plan August 9, 2022
City of Patterson, Stanislaus County, California
Zacharias Master
Planning Area
Zacharias Master
Planning Area
General Commercial
LI Light Industrial
B Detention Basin
GC Round-A-Bout
Pedestrian Undercrossing
Water Feature Connection
Future ±15 Acre Middle School Site West of Baldwin Road (Final Location to be Determined) MS
Future ±14 Acre Elementary School Site East of Baldwin Road (Final Location to be Determined) ES
Bicycle & Pedestrian Pathways
(Class I Bike Pathways)
10 10 • ZACHARIAS & BALDWIN RANCH MASTER PLAN • City of Patterson Exhibit A
8.2.b
Packet Pg. 257 Attachment: EXH A Ord Zacharias Prezone 080922 (Ordinance No. 862 Second Reading and Adoption) Exhibit B
P-2
Baldwin Road Baldwin Road
Tank Road
M
PA 1
M
PA 2
M
PA 3
M
PA 4 Delta Mendota Canal
Delta Mendota Canal
P-1
P-3
M
PA 4
R
D G GDR ENGINEERING, Inc.
3525 MITCHELL ROAD, SUITE G CERES, CA 95307
Contact: Haren Sanghera/ Max Garcia
TELEPHONE: (209) 538-3360 FAX: (209) 538-7370
150 75 0 300
(If this sheet is not 24x36, it is a reduced print)
150
www.gdrengrineering.com
DEVELOPMENT FRAMEWORK
Medium Density Residential (5.1 - 12.0 U.P.A.)
Proposed Parks / Basin / Landscape Buffer
M
P
Existing Roads
New Minor Roads
City of Patterson Limits
Annexation Area Conceptual Land Use Plan
August 9, 2022
City of Patterson, Stanislaus County, California
1 2
3 4
P-1
Medium Density Residential 8.8 5.0 44
13.9 15.0
23.2 2.0
PA Land Use Acreage
(Gross) Density # of
Units
Bldg.
Sq. Ft.
BALDWIN RANCH - TOTAL 65.9 ~ 305 ~
P-2 Park / Basin 2.0
70 75
116
~
~ ~ ~
5.0 5.0
5.0 ~
Baldwin Ranch
Master Planning Area
Baldwin Ranch
Master Planning Area
~
~
~
~
~
Park
BALDWIN RANCH
Acreage
(Gross) Density # of
Units
Bldg.
Sq. Ft.
PROJECT SUMMARY
BY LAND USE
Land Use
Medium Density Residential 60.9 5.0 305 ~
PROJECT TOTAL 65.9 ~ 305 ~
Color
Park 5.0 ~ ~ ~
Medium Density Residential
Medium Density Residential
Medium Density Residential
P-3 Landscape Buffer / Bike Path 1.0 ~ ~ ~
Future ±14 Acre Elementary School Site (Final Location to be Determined) ES
ES
Figure 7: Baldwin Land Use Plan
12 • ZACHARIAS & BALDWIN RANCH MASTER PLAN • City of Patterson
8.2.c
Packet Pg. 258 Attachment: EXH B Ord Baldwin Ranch Prezone 080922 (Ordinance No. 862 Second Reading and A.P.N. 021-019-019 A.P.N. 047-015-005
A.P.N. 021-020-037 A.P.N. 047-015-006
A.P.N. 021-023-001 A.P.N. 047-015-009
A.P.N. 021-023-002 A.P.N. 047-015-010
A.P.N. 021-023-009 A.P.N. 047-015-011
A.P.N. 021-023-011 A.P.N. 047-015-012
A.P.N. 021-023-012 A.P.N. 047-015-013
A.P.N. 021-023-013 A.P.N. 047-016-001
A.P.N. 021-023-014 A.P.N. 047-016-002
A.P.N. 021-023-015 A.P.N. 047-016-003
A.P.N. 021-023-016 A.P.N. 047-016-004
A.P.N. 021-023-017 A.P.N. 047-016-005
A.P.N. 021-023-018 A.P.N. 047-016-011
A.P.N. 021-023-019 A.P.N. 047-016-012
A.P.N. 021-023-020 A.P.N. 047-016-014
A.P.N. 021-023-021 A.P.N. 047-016-015
A.P.N. 021-023-022 A.P.N. 047-016-016
A.P.N. 021-023-023 A.P.N. 047-016-017
A.P.N. 021-023-024 A.P.N. 047-016-021
A.P.N. 021-023-025 A.P.N. 047-016-022
A.P.N. 021-023-026 A.P.N. 047-017-002
A.P.N. 021-023-027 A.P.N. 047-017-004
A.P.N. 021-023-028 A.P.N. 047-017-006
A.P.N. 021-023-029 A.P.N. 047-017-007
A.P.N. 021-023-030 A.P.N. 047-017-017
A.P.N. 021-023-031 A.P.N. 047-017-018
A.P.N. 021-023-032 A.P.N. 047-017-019
A.P.N. 021-023-033 A.P.N. 047-017-020
A.P.N. 047-015-001 A.P.N. 047-017-021
A.P.N. 047-015-002
A.P.N. 021-091-007
A.P.N. 021-091-008
Zacharias Master Planning Area
Baldwin Ranch Master Planning Area
8.2.d
Packet Pg. 259 Attachment: (Exh C) Prezoning Ord ZMPA BRMPA APN List (CW115311xDCB25) (Ordinance No. 862 Second Reading and Adoption) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: October 4, 2022
ITEM NO: 8.3
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 864 reading by title only, waiving further readings, An Ordinance of the City Council of the City of Patterson, Approving a rezone to the West Patterson Light Industrial District.
RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 864 reading by title only, waiving further readings, An Ordinance of the City Council of the City of Patterson, Approving a rezone to the West Patterson Light Industrial District.
BACKGROUND
Motion to approve Second Reading of Ordinance No. 864, Reading by title only, waiving further reading.
Motion to Adopt Ordinance No. 864, Reading by title only, waiving further reading.
ANALYSIS
On September 20, 2022, the City Council approved the first reading and introduction of Ordinance No. 864 in regards to approving a rezone to the West Patterson Light Industrial District. Staff is now requesting for City Council to approve the second reading and adoption of Ordinance No. 864 as presented and hereto attached.
8.3 Packet Pg. 260
ORDINANCE NO. 864
AN ORDINANCE OF THE CITY OF PATTERSON CITY COUNCIL
TO REZONE 59.88 ACRES OF APN 021-025-028, LOCATED WEST OF ROGERS
ROAD, NORTH AND EAST OF THE CALIFORNIA AQUEDUCT AND WOUTH OF
THE DELTA MENDOTA CANAL TO THE WEST PATTERSON LIGHT INDUSTRIAL
ZONING DESIGNATION
WHEREAS, Baldwin Ranch Development LLC submitted an application to rezone approximately 59.88 acres, located west of Rogers Road, between the California Aqueduct and the Delta Mendota Canal to West Patterson Light Industrial District; and WHEREAS, in 2012, the City Council approved the West Patterson Business Park Expansion Master Plan to establish land use and regulatory requirements for the subject site; and WHEREAS, in conjunction with this Ordinance, the Patterson City Council by separate Resolution has adopted the Rogers Road Retail and Business Park General Plan Amendment to amend the allowed land uses and regulatory requirements for the development of the subject area, consistent with the West Patterson Business Park Expansion Master Plan; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), the City has prepared an Addendum to the West Patterson Business Park Expansion Project Environmental Impact Report (SCH# 2011082016); and
WHEREAS, substantial changes will not occur in the project which will require major revisions of the previous EIR or ND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and WHEREAS, substantial changes are not present with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or ND . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or WHEREAS, no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the ND was adopted shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or ND or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR or ND;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
8.3.a
Packet Pg. 261 Attachment: Second Reading Ordinance No. 864 Rogers Rezone (Second Readining Ordianace No.864 Rogers Road Retail and Business Park) d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or ND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (CEQA Guidelines § 15162, subd. (a); see also PRC § 21166).
WHEREAS, on August 25, 2022, the Patterson Planning Commission conducted a duly noticed public hearing and recommended approval of the rezone; and WHEREAS, based on its review and consideration of the staff report, West Patterson Business Park Expansion Master Plan documents, and oral and written testimony presented, the City Council hereby finds as follows:
1. The proposed rezone is consistent with the goals, policies, and implementation programs of the General Plan;
2. The proposed rezone benefits and does not harm the public necessity, convenience, and general welfare;
3. The proposed rezone will result in an orderly planning use of land resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
1. The area designated in the rezone map is rezoned to be consistent with he land use designations depicted therein.
2. This Ordinance shall take effect and be in full force thirty (30) days from and after its passage, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance shall be published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson held on the 20th day of September 2022, by _________________, who moved its introduction, which motion being duly seconded by _____________________. Said Ordinance was given a second reading and adopted at a regular meeting of the City Council held on the ____, day of ______________, 2022, and after such reading, ________________ moved its adoption, seconded by ____________________, and said Ordinance was thereupon adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
8.3.a
Packet Pg. 262 Attachment: Second Reading Ordinance No. 864 Rogers Rezone (Second Readining Ordianace No.864 Rogers Road Retail and Business Park) APPROVED:
Dennis McCord
Mayor of the City of Patterson
ATTEST:
Aracely Alegre
City Clerk of the City of Patterson
8.3.a
Packet Pg. 263 Attachment: Second Reading Ordinance No. 864 Rogers Rezone (Second Readining Ordianace No.864 Rogers Road Retail and Business Park) ROGERS ROAD 50'
C. 27 DELTA MENDOTA CANAL
CALIFORNIA AQUEDUCT
KDN ENTERPRISES
DOC. NO. 1985-0052032
PROPOSED PARCEL 1
PROPOSED PARCEL 2
TURLOCK IRRIGATION DISTRICT DOC. NO. 2007-0053494
PARCEL "A"
(56 - PM - 30)
APPLICANT
VICINITY MAP
GDR ENGINEERING, INC
R D G
REZONE
FOR
ROGERS ROAD RETAIL & BUSINESS PARK
PROPERTY DESCRIPTION
EXISTING CONDITIONS R GD
150 75 0 300
(If this sheet is not 24"x36", it is a reduced print)
PROPOSED PROJECT
150
NOTES R GD
SITE ROGERS ROAD
SPERRY AVENUE BALDWIN ROAD INTERSTATE 5
8.3.b
Packet Pg. 264 Attachment: Rezone Map (Second Readining Ordianace No.864 Rogers Road Retail and Business Park) Baldwin Ranch Development LLC
Location Map for Rezone
City of Patterson, Stanislaus County, California
June 10, 2022
R
G
D
SPERRY AVENUE BALDWIN ROAD PARK CENTER DRIVE ROGERS ROAD INTERSTATE 5 CALIFORNIA AQUEDUCT
DELTA
MENDOTA
CANAL
Project
Site
R
D
G GDR ENGINEERING, Inc.
8.3.c
Packet Pg. 265 Attachment: Location Map (Second Readining Ordianace No.864 Rogers Road Retail and Business Park)
ROGERS ROAD RETAIL & BUSINESS PARK
Rezone for Baldwin Ranch Development LLC
June 7, 2022
APPLICANT
Name: Baldwin Ranch Development LLC
Contact: Joe Hollowell
Address: 1412 Rockhaven Drive
City/State/ZIP: Modesto, CA 95356
Phone: (209) 535-4012
Email: [email protected]
PROPERTY DESCRIPTION
A.P.N. 021-025-028
Real property in the City of Patterson , County of Stanislaus, State of California, described as follows:
The southeast one-quarter and the south one-half of the northeast one-quarter of Section 27, Township 5 South, Range 7 East, Mount Diablo Base and Meridian, lying northerly and northwesterly of those portions conveyed to the State Of California by Deed Recorded February 8, 1965 in Book 2010, Page 508, Instrument No. 5273, and by Deed Recorded February 10, 1965 in Book 2011, Page 106, Instrument No. 5563 and by Deed Recorded August 16, 1966 In Book 2119, Page 460, Instrument No. 28431, all of Official Records.
Excepting therefrom that portion lying within the Delta Mendota Canal as conveyed to The United States of America in Deed Recorded September 23, 1946 in Volume 867, Page 9, Instrument No. 26802 of Official Records.
Also excepting therefrom that portion of land conveyed to the County of Stanislaus, a Political Corporation in Deed Recorded January 17, 1997 as Instrument No. 1997- 0003951 of Official Records.
Also excepting therefrom that portion described in the Certificate Of Compliance Recorded August 3, 2004 as Instrument No. 2004-0125848-00, Official Records.
Also excepting therefrom that portion of land conveyed to the Turlock Irrigation District, a Public Entity, in Deed Recorded April 27, 2007 as Instrument No. 2007-0053493 of Official Records, as finalized in that portion of land conveyed to Turlock Irrigation District, a Public Entity by Deed Recorded April 13, 2009 as Instrument No. 2009-0035168 of Official Records.
EXISTING CONDITIONS
Existing Parcels: 1
Existing Acreage: ±101.96 Acres
Existing General Plan Designation: General Commercial
Existing Zoning: General Commercial (Arambel Business Park / KDN Retail Center MDP)
PROPOSED PROJECT
The proposed project consists of a Rezone and the recording of a Final Parcel Map. The existing one (1) parcel will be divided into a total of two (2) parcels. Proposed Parcel 1 will remain zoned General Commercial for future retail center use. Baldwin Ranch Development LLC desires to rezone Proposed Parcel 2 to Light Industrial (LI) to allow a range of uses associated with the West Patterson Business Park Expansion Project. The property location adjacent to Interstate 5 is a desirable location for both General Commercial and Light Industrial use. Both the General Commercial and the Light Industrial Zoning are in conformance with the City of Patterson’s General Plan.