Patterson City Council
November 15, 2022

City of Patterson Page 1 Updated 11/11/2022 10:24 AM

AMENDED
Agenda
City of Patterson
City Council Regular Meeting
West Patterson Financing Authority Meeting
November 15, 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. 2022-75, and the Federal Americans with Disabilities Act.

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 11/11/2022 10:24 AM
[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 - October 17, 2022 (6:00 PM)

5.3. Approve Minutes of Special Meeting/Closed Session - November 1, 2022 (6:00 PM)

5.4. Approve Minutes of Regular Meeting - November 1, 2022 (7:00 PM)

5.5. Adopt Resolution No. 2022-78 Approving the Subdivision Improvement Agreement and to Accept the Final Map for the Villages of Patterson Phase 1 Triplexes.

5.6. Adopt Resolution No. 2022-79, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

6. Public Hearing
City of Patterson Page 3 Updated 11/11/2022 10:24 AM

6.1. Planning Department - Motion to Continue Item to a Future Date - Approve the CEQA Addendum to the 2010 General Plan EIR for the Parks and Recreation Master Plan and adopt the Parks and Recreation Master Plan.

Staff Report: Community Development Director Stice
Mayor: Open/Close the Public Hearing
Council: Motion to Continue Item to a Future Date

7. City Staff Reports

7.1. Public Works Department - Approve Resolution No. 2022-76, a Resolution to Establish Local Limits for Commercial and Industrial Dischargers and Authorize Staff to Implement the Local Limits.

Staff Report: Public Works Director Willett
Council: Motion to Approve Resolution No. 2022-76

7.2. City Manager - Approve Resolution No. 2022-77, Approving a Service Agreement with the Downtown Modesto Partnership for the RAD Card Program, in an amount not to exceed $250,875, and Authorize the City Manager to Execute the Agreement and all Future Documents for this Program on the City’s behalf.

Staff Report: City Manager Irwin
Council: Motion to Approve Resolution No. 2022-77

7.3. Fire Department - Approve First Reading and Introduction of Ordinance No. 863 Reading by Title Only, Waiving Further Readings, an Ordinance of the City Council of the City of Patterson, Amending Title 15-Building and Construction; Chapter 15.20 California Fire Code of the Patterson Municipal Code, and adopting by reference, The California Code of Regulations Title 24, Part 9, 2022 edition of the California Buildings Standards Code.

Staff Report: Fire Chief Gregory
Council: Motion to Approve to Approve First Reading and Introduction of Ordinance No. 863, Reading by title only waiving further reading.

7.4. City Manager - Resolution No. 2022-80 to Approve and Authorize Execution of a Purchase and Sale Agreement for the Property Located at 33 South Del Puerto Avenue, for a Permanent Location for the Patterson Public Safety Center.

Staff Report: City Manager Irwin
Council: Motion to Approve Resolution No. 2022-80
Adjourn to the West Patterson Financing Authority
City of Patterson Page 4 Updated 11/11/2022 10:24 AM
a. Call to Order
b. Roll Call (Secretary)

7.5. Public Works Department - Adopt Resolution No. 2022-02 Approving the Formation and Future Annexation Area for Community Facility District (CFD) 2022-02 (Baldwin Ranch North); Adopting Resolution No. 2022-03 Determining Necessity to Incur Bonded Indebtedness; Approving Resolution No. 2022-04 Calling Special Landowner Election; Approving Resolution No. 2022-05 Declaring the Results of the Special Election; and Motion to Approve First Reading and Introduction of Ordinance No. 866, Reading by Title Only, Waiving Further Re Reading, An Ordinance of the West Patterson Financing Authority, Approving the Levy of Special Taxes.
c. Staff Report: Public Works Director Willett
d. WPFA Board: Motion to Approve West Patterson Financing Authority Resolution No. 2022-02.

WPFA Board: Motion to Approve West Patterson Financing Authority Resolution No. 2022-03.

WPFA Board: Motion to Approve West Patterson Financing Authority Resolution No. 2022-04.

WPFA Board: Motion to Approve West Patterson Financing Authority Resolution No. 2022-05.

WPFA Board: Motion to Approve First Reading and Introduction of Ordinance No. 866, Reading by Title Only Waiving Further Reading.
e. Adjourn

8. 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 11/11/2022 10:24 AM
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)

9. Other Matters

10. 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 Nov. 10, 2022.

The Agenda is also posted for public view on the Bulletin Boards of the Hammon Senior Center, 1033 W. Las Palmas, Patterson, the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.ci.patterson.ca.us Aracely Alegre, City Clerk
City of Patterson
Direct No. (209) 895-8012
Email [email protected]
City of Patterson Page 1 Updated 10/31/2022 3:27 PM
City Of Patterson
Special Meeting Minutes
October 17, 2022
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Dennis McCord
City Council
Shivaugn Alves, District A
Alfred Parham, District B
Dominic Farinha, District C
Cynthia Homen, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Present
Cynthia Homen District D Present

1. City Manager Irwin

2. City Attorney Brenner

3. City Attorney Goldstein

4. IT Manager Ford

5. Public Works Director Willett

6. Public Works Analyst Encinas

7. Public Works Deputy Director Robert Andrade

8. Fire Chief Gregory

9. City Engineer Ulloa

10. City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict
None.

4. Items from the Public
Kandace Weyhrauch, Patterson Resident - addressed city council regarding public safety, students walking to and from new theater and the need for more parking at the theater.

5.2 Packet Pg. 6
Minutes Acceptance: Minutes of Oct 17, 2022 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 10/31/2022 3:27 PM

5. Consent Calendar
Dale Torres, Patterson Resident pulled item 5.6 for discussion.

Dale Torres, Patterson Resident - addressed city council in opposition of item 5.6.

City Council addressed Mr. Torres's concerns.

Kandace Weyhrauch, Patterson Resident - addressed city council regarding the Assistant Director for Emergency Services Director.

City Attorney Goldstein addressed Ms. Weyhrauch's concerns. Recommended to bring back as an agenda item.

Councilmember Homen motioned to approve Consent Calendar Items 5.1 through 5.6. The motion was seconded by Councilmember Parham and unanimously approved by a 5-0 roll call vote.

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

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

5.2. Approve Minutes of Special Meeting/Closed Session - October 4, 2022 (6:00 PM)

5.3. Approve Minutes of Regular Meeting - October 4, 2022 (7:00 PM)

5.4. Approve City Department Reports for the Months of September 2022 (Planning Department, Public Works and Recreation & Community Services)

5.5. Approve City Commission Reports for the Months October 2022 (Parks Recreation & Beautification Commission)

5.6. Adopt Resolution No. 2022-75, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

6. City Staff Reports

6.1. Public Works Department - Approve Resolution No. 2022-68, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Annex Territory to Community Facilities District (CFD) 2018-02 and Authorizing the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982 for Residential Maintenance Services.

Public Works Director reviewed his report.

City Council addressed the following:
-How long is the term of the percentage for the assessment? -Need to account for inflation
-15% cost for administrative annual fee

5.2 Packet Pg. 7
Minutes Acceptance: Minutes of Oct 17, 2022 6:00 PM (Consent Calendar) City of Patterson Page 3 Updated 10/31/2022 3:27 PM
At 6:27 p.m. Mayor McCord opened the item to public comments. There were no public comments.

Council requested to table item and bring back showing adjustment for inflation Sara Mares, MBS Consultant, addressed City Council regarding inflation.

Councilmember Alves moved to approve Resolution No. 2022-68. The motion was seconded by Mayor Pro Tem Farinha and unanimously approved by a 5-0 roll call vote.

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

7. Presentations

7.1. Public Works Department - Water Quality Workshop
At 6:31 p.m. City Manager Irwin addressed the water quality workshop.

Public Works Director Willett and Deputy Public Works Director Andrade reviewed their PowerPoint presentation.

City Council addressed the following:
- Is the city not a certified lab?
Deputy Public Works Director Andrade addressed City Council and public's concerns regarding the laboratory used.

Kandace Weyhrauch, Patterson Resident - addressed the City Council regarding agenda not having all the information from the PowerPoint.

City Manager Irwin addressed Ms. Weyhrauch's concerns, PowerPoint will be posted on the website.

Patterson Resident - addressed the City Council regarding the location of wells.

Leslie Dumas, Consultant with Woodard and Curran reviewed her presentation.

Troy McComack, Patterson Resident - addressed the City Council regarding total chromium versus chromium 6. He also inquired about well testing.

Deputy Public Works Director Andrade addressed Mr. McComack's concerns.

Kandace Weyhrauch, Patterson Resident - addressed Hinkley, California water quality publication.

5.2 Packet Pg. 8
Minutes Acceptance: Minutes of Oct 17, 2022 6:00 PM (Consent Calendar) City of Patterson Page 4 Updated 10/31/2022 3:27 PM
Ms. Dumas addressed Ms. Weyhrauch's concerens.

Kandace Weyhrauch, Patterson Resident - addressed the City Council regarding the standards for testing Chromium 6, and how often the wells are tested.

Troy McComack, Patterson Resident - addressed the City Council regarding the cost for treating of water citywide.

Mrs. Dumas addressed Mr. McComack's concerns regarding naturally occurring chromium.

Councilmember Alves - addressed the high levels of pollution in our area. She also addressed grant to addressed water quality, but the City of Patterson is too large to qualify.

Dale Torres, Patterson Resident - addressed the City Council regarding the testing for other contaminants
Ms. Dumas addressed Mr. Torres's concerns
Kandace Weyhrauch, Patterson Resident - addressed the City Council regarding funding for water treatment.

Patterson Resident - addressed the City Council to inquire between the difference between centralized vs. decentralized water treatments.

Ms. Dumas addressed citizen's concerns.

Yvonne Reynolds, Patterson Resident - addressed the City Council regarding the current wells, will they serve the additional homes being built? Ms. Dumas addressed Ms. Reynolds's concerns.

Troy McComack, Patterson Resident - addressed the City Council regarding the Kinshire project replacement update
Patterson Resident - addressed City Council regarding the need to publicize chromium 6 in the water and make people aware
Kandace Weyhrauch, Patterson Resident - addressed the City Council to inquire if developers can pay for filtration?
Councilmember Alves - addressed Ms. Weyhrauch's concerns Doug Dove, Bartle Wells Consultant addressed his section of the presentation.

City Council addressed the following:
-Cost of treatment

5.2 Packet Pg. 9
Minutes Acceptance: Minutes of Oct 17, 2022 6:00 PM (Consent Calendar) City of Patterson Page 5 Updated 10/31/2022 3:27 PM
Patterson Resident - addressed the City Council regarding grants for treatment.

Public Works Analyst Encinas addressed her report.

City Engineer Ulloa addressed his presentation.

City Council addressed the following:
- Groundbreaking for downtown piping timeline.
- Trajectory chromium trends, testing for all wells.
- Military facility nearby, potential contaminant.
- Water quality reports.
- Surrounding cities that have solved this problem.
- Importance of maintaining affordability and quality of utility services

8. City Council Reports
A. Councilmember Alves
Nothing to report.
. Westside Health Care Task Force (Councilmember Parham alternate) B. Councilmember Parham
Nothing to report.
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) C. Mayor Pro Tem Farinha
Nothing to report.
. Workforce Development Board (Councilmember Alves alternate) D. Councilmember Homen
Nothing to report.
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)

5.2 Packet Pg. 10
Minutes Acceptance: Minutes of Oct 17, 2022 6:00 PM (Consent Calendar) City of Patterson Page 6 Updated 10/31/2022 3:27 PM
E. Mayor McCord
Nothing to report.
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)

9. Other Matters
Future of H.O.S.T House event on November 2, 2022 at 5:30 p.m. at the Chamber of Commerce.

10. Adjournment
There being no further business, the special council meeting/water quality workshop of the City Council of the City of Patterson of October 17, 2022 was adjourned at 8:39 p.m.

Approved by the City Council on November 15, 2022.

5.2 Packet Pg. 11
Minutes Acceptance: Minutes of Oct 17, 2022 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 11/2/2022 8:44 AM
City Of Patterson
Special Meeting/Closed Session Minutes
November 1, 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
The special (Closed Session) meeting of the City Council of the City of Patterson of November 1, 2022 was called to order in the City of Patterson at 6:00 p.m. by Mayor McCord.

Attendee Name Title Status Arrived
Dennis McCord Mayor Present
Shivaugn Alves District A Present
Alfred Parham District B Present
Dominic Farinha District C Excused
Cynthia Homen District D Present
1 City Manager Irwin

2. City Attorney Goldstein
At this time, Mayor McCord announced the items to be discussed in Closed Session and opened the items to public comments.

The City Council will adjourn to Closed Session to address the following:
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION Initiation of litigation, pursuant to Gov. Code section 54956.9(d)(4): One (1) potential case.
b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Gov. Code section 54956.9(d)(1)) Name of Case: Patterson Irrigation District, et al. v. City of Patterson, Stanislaus County Superior Court Case No. CV-22-004288.

5.3 Packet Pg. 12
Minutes Acceptance: Minutes of Nov 1, 2022 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 11/2/2022 8:44 AM
c. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Gov. Code section 54956.9(d)(1)) Name of Case: Laborers’ International Union of North America, Local Union 1130 v. City of Patterson, et al., Stanislaus County Superior Court Case No. CV-22-004270.
d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8)
Property: 33 S. Del Puerto Avenue
Agency negotiator: Ken Irwin, City Manager
Negotiating parties: Eastern Marney LLC
Under negotiation: Price and Terms

2. Statements of Conflict
None

3. Items from the Public
Nicole Halvorson, 606 Beck Creek Lane – addressed City Council regarding Code Enforcement issues and administrative citation hearing regarding her property.

4. Adjourn to Closed Session
At 6:08 p.m. the Patterson City Council adjourned to closed session.

5. Report from Closed Session (if any)
At 6:59 p.m. Mayor McCord reported the following:

Item a - provided direction to staff
Item b and c - Nothing to report
Item d - Provided direction to staff
There were no other items to report out of Closed Session.

6. Adjournment
There being no further business, the special (closed session) meeting of the City Council of the City of Patterson of November 1, 2022 was adjourned at 6:59 p.m.

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

5.3 Packet Pg. 13
Minutes Acceptance: Minutes of Nov 1, 2022 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 11/10/2022 9:29 AM
City Of Patterson
Regular Meeting Minutes
November 1, 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 Excused
Cynthia Homen District D Present
The regular (hybrid) meeting of the City Council of the City of Patterson was called to order in the City of Patterson by Mayor McCord at 7:00 p.m.

City Staff Present:

1. City Manager Irwin

2. City Attorney Goldstein

3. Public Works Director Willett

4. Deputy Director of Regulatory Compliance & Administrative Services Delgado

5. IT Manager Ford (Remote)

6. Fire Chief Gregory

7. Parks, Recreation and Community Services Director Flanders (Remote)

8. Police Chief Clayton

9. City Engineer Ulloa

10. Community Development Director Stice (Remote)

11. City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict
None.

5.4 Packet Pg. 14
Minutes Acceptance: Minutes of Nov 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 11/10/2022 9:29 AM

4. Items from the Public
Armand Arrambide, 655 Ward Avenue - addressed City Council regarding funding for roads and underground Kinshire project. Also addressed tree branches needing trimming along C Street, 3rd Street, 4th Street and 5th street.

Pat Maisetti, Patterson Resident - addressed City Council to provide updates regarding events at the Hammon Senior Center; trip to Chukchansi Casino on November 15, 2022. Also addressed upcoming Senior Center Board of Directors vacancies.

Tim Benefield, Patterson Resident - addressed City Council regarding submitting questions thru email ahead of time before meeting. Receive and address questions. Questions not being answered. Creativity as far as the votes, discussion before voting. Council be respectful of members who make comments. Operating under state of emergency.

Kandace Weyhrauch, Patterson Resident - addressed City Council expressing an apology to the community for actions at previous meeting. Seeking apology from council for comments made regarding parking for safety center.

5. Consent Calendar
Councilmember Parham moved to approve Consent Calendar Items 5.1 through 5.2. The motion was seconded by Councilmember Alves and unanimously approved by a 4-0 roll call vote.

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

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

5.2. Approve Second Reading and Adoption 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.

6. Presentation

6.1. Public Works Department - Presentation to Honor Patterson’s Hometown Heroes Public Works Director and Deputy Director of Regulatory Compliance & Administrative Services Delgado reviewed their presentation.

7. City Council Reports
A. Appointment/Reappointment of (1) Members to the Patterson Parks, Recreation & Beautification Commission (Term of May 2021- 2023)

7.A.1. Motion to Appoint/Reappoint (1) Member to the Patterson Parks, Recreation & Beautification Commission for the Term of May 2021 - 2023.

5.4 Packet Pg. 15
Minutes Acceptance: Minutes of Nov 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 11/10/2022 9:29 AM
Councilmember Parham moved to schedule item in a future agenda for council to have more applicants. The motion was seconded by Mayor McCord.

Yes: Councilmember Parham and Mayor McCord
Nays: Councilmembers Alves and Homen
Excused: Mayor Pro Tem Farinha
Motion Failed.

Councilmember Alves move to appoint Kandace Weyhrauch to the Parks, Recreation & Beautification Commission. The motion was seconded by Councilmember Homen.

Yes: Councilmember Alves and Councilmember Homen
Nays: Councilmember Parham and Mayor McCord
Excused: Mayor Pro Tem Farinha
Motion Failed.

Item is deadlock and counsel will provide further instructions.

B. Councilmember Alves
Nothing to report.
. Westside Health Care Task Force (Councilmember Parham alternate) C. Councilmember Parham
Nothing to report.
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor McCord alternate)
. Hazardous Waste Advisory Committee (Mayor McCord alternate) . Stanislaus County Disaster Council (Mayor McCord alternate) D. Mayor Pro Tem Farinha
. Workforce Development Board (Councilmember Alves alternate) E. Councilmember Homen
Nothing to report.
. Stanislaus Homeless Alliance (City Manager Irwin 1st alternate, Councilmember Alves 2nd alternate)

5.4 Packet Pg. 16
Minutes Acceptance: Minutes of Nov 1, 2022 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 11/10/2022 9:29 AM
. San Joaquin Valley Special City Selection Committee (Councilmember Alves alternate)
. Del Puerto Health Care District (Councilmember Alves 1st alternate, Mayor Pro Tem Farinha 2nd alternate)
F. Mayor McCord
Nothing to report.
. Stanislaus County Mayor's Meeting
. StanCOG (Councilmember Homen alternate)
. League of California Cities (Mayor Pro Tem Farinha 1st alternate, Councilmember Homen 2nd alternate)

8. Other Matters
Councilmember Alves - There will be a H.O.S.T meeting on November 2, 2022 at 5:30 p.m. at the Chamber of Commerce. Staff did a great job creating the Hometown Heroes video. Requested future agenda item for Council to rotate interviews for boards, commissions and committees also requested Neighborhood watch item to be scheduled on a future agenda.

Councilmember Parham - Veterans Day event at the park, Friday, November 11, 2022 at 11:00 a.m.

Councilmember Homen - Addressed state of emergency ending February 2023, need for all to work together.

9. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of November 1, 2022, was adjourned at 7:46 p.m.

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

5.4 Packet Pg. 17
Minutes Acceptance: Minutes of Nov 1, 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: November 15, 2022
ITEM NO: 5.5
SUBJECT: Adopt Resolution No. 2022-78 Approving the Subdivision Improvement Agreement and to Accept the Final Map for the Villages of Patterson Phase 1 Triplexes.

RECOMMENDATION
Motion to Adopt Resolution No. 2022-78 Approving the Subdivision Improvement Agreement and to Accept the Final Map for the Villages of Patterson Phase 1 Triplexes.

BACKGROUND
The Triplexes subdivision, consisting of three (3) phases and a total of forty-four (44) lots, is located within the Villages of Patterson Master Development Plan (“VOP Development Plan”).

The Triplexes subdivision will involve approximately 132 units (3 units per lot) in the southeastern quadrant of the VOP Development Plan. Phase 1 of the Triplexes consists of approximately 7.13 gross acres subdivided into 16 lots. Trivo LLC, one of the developers of the VOP Development Plan, is the developer of the Triplexes (“Developer”). Developer will develop the Triplexes in accordance with the VOP Development Plan. This Resolution would approve the Subdivision Improvement Agreement and accept the Final Map for Phase 1 of the Triplexes (i.e., 16 lots).

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

5.5 Packet Pg. 18
Developer’s conditions of approval, Developer is required to install certain public improvements to support the orderly development of the property, including but not limited to, streets, alleys, water mains, sanitary sewers, storm drain systems, sidewalks, bike paths, and other rights-of-way for public use (the “Improvements”).

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

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

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

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{CW117382.1}
RESOLUTION NO. 2022-78

A RESOLUTION OF THE PATTERSON CITY COUNCIL

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND
ACCEPTING THE FINAL MAP FOR THE TRIPLEXES PHASE 1 SUBDIVISION

LOCATED IN THE VILLAGES OF PATTERSON MASTER DEVELOPMENT PLAN WHEREAS, Trivo, LLC (“Developer”) own tracts of land consisting of approximately

7.13 gross acres in the City of Patterson (“City”) which is part of the “Triplexes Subdivision”, located within the Villages of Patterson Master Development Plan (“VOP Development Plan”); and
WHEREAS, the Triplexes Subdivision is anticipated to occur in (3) phases creating a total of forty-four (44) residential lots, eventually leading to development of one hundred thirty-two (132) new dwelling units; and
WHEREAS, on December 12, 2006, City adopted Resolution 2006-112, which approved a number of entitlements relating to the VOP Development Plan, including but not limited to, Vesting Tentative Subdivision Maps “A” and “B” (collectively, the “Tentative Map”); and WHEREAS, on December 19, 2006, City adopted Ordinance No. 681, which approved a Development Agreement that applies to properties within the VOP Development Plan. On October 15, 2018, the City approved an Operating Memorandum memorializing certain revisions to facilitate and update the 2006 Development Agreement (collectively, the “Development Agreement”); and
WHEREAS, Developer has filed a Final Map for Phase 1 of the Triplexes Subdivision with City for acceptance and recording, which would create sixteen (16) residential lots; and WHEREAS, in order for City to accept and record the Final Map for Phase 1 of the Triplexes Subdivision, Developer must execute a Subdivision Improvement Agreement to guarantee completion of the Improvements; and
WHEREAS, under the attached Subdivision Improvement Agreement, Developer is required to provide securities to guarantee construction of the Improvements, and to guarantee payment for materials, work, labor, and warranty of the work; and WHEREAS, City Staff has determined that the Subdivision Improvement Agreement and the Final Map conforms to the Tentative Map, the Subdivision Map Act, the City’s subdivision ordinance, the Development Agreement, and the VOP Development Plan; and WHEREAS, the purpose of this Resolution is to authorize the execution of the Subdivision Improvement Agreement, attached hereto as Exhibit A, and also to authorize the acceptance and recording of the Final Map for Phase 1 of the Triplexes Subdivision.

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NOW, THEREFORE, BE IT RESOLVED that the Patterson City Council hereby approves the attached Subdivision Improvement Agreement with Developer, authorizes the City Manager to execute and perform all acts pursuant to the Subdivision Improvement Agreement, approves the acceptance and recording of the Final Map for Phase 1 of the Triplexes Subdivision, and further authorizes the City Manager to perform all acts necessary and incidental to carry out the purposes of this Resolution.

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

AYES:

NOES:

EXCUSED:

Dennis McCord
Mayor of the City of Patterson
ATTEST:

Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15th day of November 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATED:
______________________________________
City Clerk of the City of Patterson

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EXHIBIT A

SUBDIVISION IMPROVEMENT AGREEMENT
VILLAGES OF PATTERSON PHASE 1 TRIPLEXES

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Subdivision Improvement Agreement
Villages of Patterson Triplexes Phase 1

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF PATTERSON
1 Plaza, 2nd Floor
Patterson, CA 95363
Attention: City Clerk
Exempt from recording fees
(Gov. Code §§ 6103 and 27383)
(Space above this line for Recorder’s use)
Assessor’s Parcel Numbers: A portion of 047-031-059

SUBDIVISION IMPROVEMENT AGREEMENT
VILLAGES OF PATTERSON TRIPLEXES – PHASE ONE
This SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and deemed effective as of , 2022, by and between the City of Patterson, a California municipal corporation (“City”) and TRIVO, LLC, a California limited liability company (“Subdivider”). City and Subdivider may herein be referred to individually as a “Party” and collectively as the “Parties”. There are no other parties to this Agreement.

RECITALS
A. Subdivider owns a tract of land consisting of approximately 7.13 gross acres, lying in the City of Patterson, County of Stanislaus, California, known as “Villages of Patterson Triplexes Phase One”, more particularly described as a portion of Stanislaus County Assessor Parcel Number 047-031-059 and shown in more detail on the legal description attached hereto as Exhibit A (the “Property” or the “Subdivision”).

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

C. On December 19, 2006, the City Council adopted Ordinance No. 681, approving a Development Agreement by and between the City of Patterson and Northeast Territories, LP and Relating to the Development known as “The Villages of Patterson” at Patterson, California, and

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on October 15, 2018, Subdivider and City entered into an Operating Memorandum to memorialize certain revisions to implement and update the 2006 Development Agreement (together, the “VOP Development Agreement”).

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

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

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

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

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

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

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

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

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AGREEMENT

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

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

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

4. Installation of Improvements. Upon execution of this Agreement and deposit of all Securities, Subdivider may proceed with onsite grading, horizontal improvements that do not require the issuance of a building permit for vertical construction, and street work for all approved Improvement Plans. Subdivider agrees to furnish, construct and install at Subdivider’s own expense the Improvements, as shown on the Improvement Plans, which are to be installed to the sole satisfaction of the City Engineer. The Improvement Plans may only be modified by Subdivider subject to prior written approval by the City Engineer.

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

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

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

C. Complete all Improvements within twelve (12) months from the Effective Date of this Agreement, unless otherwise approved or extended in writing by the City Engineer, for good cause, after written application by Subdivider. Such application shall state fully the grounds and facts showing good cause for such extension to be granted. In granting any extension of time, the City Engineer may require a new or amended subdivision improvement agreement, or new security, to reflect increases in the costs of constructing the Improvements or other conditions related to the extension of time.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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6. Estimated Cost of Improvements. The total cost of the remaining onsite and offsite Improvements, as provided by Subdivider and reviewed and confirmed by the City Engineer, is estimated to be $ 1,439,317 , of which the total cost of offsite Improvements is estimated to be $ 0.00 . Under this Agreement, City will allow Subdivider to bond against remaining onsite and offsite Improvements only, provided that City will not actually record the Final Map until Performance and Payment Securities are provided to City for the remaining onsite and offsite Improvements, and a Warranty Security is provided to City for all onsite and offsite Improvements.

7. Title to Improvements. City shall not accept any property to be dedicated, or the Improvements, unless they are constructed in conformity with the Improvement Plans and Improvement Standards to the satisfaction of the City Engineer. Subdivider shall retain title to, shall be responsible for, and shall bear the risk of loss to, any of the Improvements constructed or installed, until such time as the Improvements are accepted by City. Title to and ownership of the Improvements and any real property to be dedicated shall vest absolutely in City upon completion and acceptance of such Improvements by the City Council pursuant to Section 9 below. City shall not accept the Improvements unless title to the Improvements is entirely free from all liens. Prior to acceptance, at City’s request, Subdivider shall supply City with appropriate lien releases, at no cost to and in a form acceptable to City.

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

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

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

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

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City Engineer.

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

12. Securities.

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

B. Conditions of Security.
i. Bonds. Any bonds submitted as the Securities shall be executed by a surety company authorized to conduct a surety business in California and shall be in a form as specified by the Subdivision Laws and approved by the City Attorney.

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

C. Release of Securities. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:
i. Performance Security. City shall release or agree to a reduced Performance Security for the Improvements upon City’s acceptance of all dedications or the portions applicable to each Final Map area, or as may otherwise be authorized in accordance with the Subdivision Map Act (Gov. Code, § 66499.7).
ii. Payment Security. City shall release the Payment Security for the Improvements in accordance with the Subdivision Laws. The Payment Security may, six (6) months after the Certificate of Completion is issued by the City Engineer, be reduced to an amount equal to the amount of all claims filed and related to the Improvements of which notice has been given to City. The balance of the Payment Security shall be released upon the settlement of all claims and obligations for which the Payment Security was given. iii. Warranty. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following the issuance of a Certificate of Completion for the Improvements. If, however, the City Engineer determines there are defects in the Improvements that require correction pursuant to Section 11 above, and such defects are not corrected within a reasonable time, the City Engineer shall utilize the Securities to make all necessary corrections, including payment of reasonable expenses and fees and attorney’s fees in connection with enforcement of any provision of this Agreement.

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

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be released.

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

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

15. Default of Subdivider.

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

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

C. Remedies; Performance by City.
i. In the event the applicable cure period set forth in Section 15.B has expired without such default having been cured or significant progress made, City may thereafter

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deliver a notice of default to Subdivider and Subdivider’s surety, if any, of the City’s intent to complete the work. If the default remains uncured within twenty (20) calendar days from Subdivider’s receipt of the written notice of default, Subdivider authorizes City to complete all work on the Improvements at the sole expense of Subdivider, and Subdivider authorizes to utilize the Securities to complete all work on the Improvements and to pay all labor costs of contractors, subcontractors and workers related to the Improvements. In the event of default of this Agreement, or abandonment of the Subdivision, City may take over the Improvements and prosecute them to completion, by contract or by any other method City may deem advisable, at the expense of Subdivider, and Subdivider shall be liable to City for any excess cost or damages incurred by City.

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

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

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

16. Environmental Warranty.

A. For purposes of this Agreement, the terms below have the following meanings:

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

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

B. Subdivider hereby warrants to City that to the best of Subdivider’s knowledge that, as of the time of dedication and the City Council’s consideration of the Certificate of Completion:
i. Subdivider and the property being dedicated are in compliance with all Environmental Laws and are not subject to any existing, pending or threatened investigation by a federal, state, or local governmental authority regarding violations of Environmental Laws. ii. Subdivider and its third party agents, contractors and subcontractors

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have not used, generated, manufactured, produced, discharged, or released on, under, or about the property to be dedicated, any Hazardous Substance except in accordance with all applicable Environmental Laws.
iii. Subdivider has not caused or permitted the release or discharge of, and has no knowledge of the release, discharge, or presence of Hazardous Substances on the property to be dedicated or the migration of any Hazardous Substances from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

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

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

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

19. Indemnity.

A. Indemnity/Hold Harmless. City, and elected and appointed councils, commissions, officers, agents, employees and representatives of City (“City Agents”) shall not be liable and Subdivider agrees to indemnify, hold harmless and defend City and City Agents from any and all claims, costs, and liability for claims of damage, for any property damage or personal injury, including death, which may arise as a result of any negligent acts or omissions by Subdivider or Subdivider’s contractors, subcontractors, agents, or employees in connection with

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the construction, improvement, or operation, of the Improvements, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Subdivision and the Improvements as provided herein, and in addition, to injuries to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other Improvements. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for damage covered by this Section. This provision shall survive the termination of this Agreement as it relates to any Final Map for a period of one (1) year following the Certificate of Completion.

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

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

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

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

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

A. Proof of Insurance.
i. Subdivider shall provide to City a properly executed certificate of insurance, in a form satisfactory to the City Attorney for commercial general liability coverage from an insurance provider approved by City and licensed by the California Department of Insurance (“Certificates”).

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ii. The Certificates shall provide that such insurance will not be cancelled, reduced in coverage, or allowed to expire without thirty (30) days’ prior written notice to City.

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

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

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

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

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

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

2. In the event any work is sublet, Subdivider shall require its

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agents, builders and contractors or subcontractors to provide worker’s compensation insurance, with a limit of not less than one million dollars ($1,000,000.00) per occurrence for employer’s liability for all contractor’s employees or subcontractor’s employees.

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

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

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

If to City: City of Patterson
1 Plaza, 2
nd Floor
Patterson, CA 95363
Attn: City Manager
with copy to: City of Patterson
1 Plaza, 2
nd Floor
Patterson, CA 95363
Attn: City Clerk
and White Brenner, LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attn: Nubia I. Goldstein, Esq.

Email: [email protected]

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If to Subdivider: TRIVO LLC
233 ½ E. Colorado Blvd
Pasadena CA 91101
Attention: Alicia Barclay
Email: [email protected]

23. General Provisions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

P. Construction and Interpretation. It is agreed and acknowledged by

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

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

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

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

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

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

SUBDIVIDER:

TRIVO, LLC,
a California limited liability company
By:

Name:

Title:

Date:

CITY:

CITY OF PATTERSON, a California
municipal corporation:

By:

Ken Irwin, City Manager
Date: ___________________________
ATTEST:

By:

Aracely Alegre, City Clerk
Date: ___________________________
APPROVED AS TO FORM:

By:

Nubia Goldstein, City Attorney
Date: __________________________

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California All-Purpose Acknowledgment
State of California )
)
County of )
On , before me , a Notary
Public, personally appeared who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

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

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EXHIBITA
Legal Description

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EXHIBITB
Copy of Final Map

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Attachment: 2022.11.08 final.Trivo LLC SIA Triplexes Phase One (CW117427xDCB25) (Approve Resoution No. 2022-78 SIA and Accept Final R D G GDR ENGINEERING, Inc. OWNER'S STATEMENT CITY CLERK'S STATEMENT TAX COLLECTOR'S STATEMENT CITY ENGINEER'S STATEMENT COUNTY RECORDER'S STATEMENT CITY'S SURVEYOR'S STATEMENT PLANNING COMMISSION'S STATEMENT SURVEYOR'S STATEMENT CLERK OF THE BOARD OF SUPERVISOR'S CERTIFICATE TRIPLEXES PHASE 1 Vil ages of Patterson BEING A SUBDIVISION OF A PORTION OF LOTS 72, 73 AND 74 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1 AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, CITY OF PATTERSON, STANISLAUS COUNTY, CALIFORNIA OMITTED SIGNATURES STATEMENT FEE TITLE DEDICATION NOTARY STATEMENT DO NOT STAMP NOTARY STATEMENT DO NOT STAMP 5.5.b Packet Pg. 45
Attachment: 2022.11.08 final.Trivo LLC SIA Triplexes Phase One (CW117427xDCB25) (Approve Resoution No. 2022-78 SIA and Accept Final Map for VOP Triplexes) 72 73 73 74 72 73 73 74 71 72

PATTERSON COLONY
SUB TRACT NO. ONE
( 4 - M - 40 ) LOT 72 (4 - M - 40) (27 - S - 11) PATTERSON RANCH UNIT NO. 2 (44 - M - 84) LOT 73 (4 - M - 40) 52 46 40 30 18 28 16 29 17 33 21 32 20 48 65 19 47515049 37 232227262572 1514131211 10 43 39 41 35 4245 3634 44 1 2
3 4
6 7
8 9
LOT "A"
5 53 38 545556 58 57 5960 6973687174677075 6665646362 838281807978777684 88 89 93 94 95 87 86 85 90 91 92 CAMDEN SHIRE PHASE 1 ( 45- M - 21 ) CAMDEN SHIRE PHASE 2 ( 45 - M - 22 ) 34 LOT "A" 5
6 16 15 14 9 8
7 LOT "B" 13 12 11 10
2 1 72 61 REMAINDER
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SYCAMORE

AVENUE DETAIL ''A'' BEING

A SUBDIVISION OF
A PORTION OF LOTS 72, 73 AND 74 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1, AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, SITUATED IN THE CITY OF PATTERSON, STANISLAUS COUNTY, CALIFORNIA TRIPLEXES PHASE 1 V il
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2 REMAINDER SEE SHEET 3 FOR LINE AND CURVE TABLES 5.5.b Packet Pg. 46
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TTERSON RANCH UNIT NO. 2 (44 - M - 84) 52 46 40 30 18 28 16 29 17 33 21 32 20 48 65 19 47 515049 37 232227262572 1514131211 10 43 39 41 35 4245 3634 44 1 2
3 4
6 7
8 9
LOT "A"
5 53 38 54555657 90 91 92 93 94 95

RLINGTON WAY

CHATHAM LANE WOODSTOCK DRIVE

HELMSLEY LANE

CHESHAM LANE

SUTTON DRIVE

EASTWOOD WAY DARLINGTON WAY

ASHWOOD LANE SCHALI LANE
SUTTON DRIVE LOT "A"
LOT "B" ENGLISH BIRCH AVENUE 15 16 13 12 11 10 14
6 54
32 1
8 7
9 WIMBLEY
PARKWAY PATTERSON RANCH UNIT NO. 2 (44 - M - 84) CURVE TABLE CURVE RADIUS LENGTH CHORD DELTA LINE TABLE LINE DIRECTION LENGTH LINE TABLE LINE DIRECTION LENGTH RADIAL TABLE LINE DIRECTION R
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A PORTION OF LOTS 72, 73 AND 74 OF THE PATTERSON RANCH COLONY SUB-TRACT NO. 1, AS SHOWN ON THE MAP RECORDED IN VOLUME 4 OF MAPS, PAGE 40, STANISLAUS COUNTY RECORDS, SITUATED IN THE CITY OF PATTERSON, STANISLAUS COUNTY, CALIFORNIA TRIPLEXES PHASE 1 V il
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Attachment: 2022.11.08 final.Trivo LLC SIA Triplexes Phase One (CW117427xDCB25) (Approve Resoution No. 2022-78 SIA and Accept Final Map

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Attachment: 2022.11.08 final.Trivo LLC SIA Triplexes Phase One (CW117427xDCB25) (Approve Resoution No. 2022-78 SIA and Accept Final Map

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Attachment: 2022.11.08 final.Trivo LLC SIA Triplexes Phase One (CW117427xDCB25) (Approve Resoution No. 2022-78 SIA and Accept Final Map

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Attachment: 2022.11.08 final.Trivo LLC SIA Triplexes Phase One (CW117427xDCB25) (Approve Resoution No. 2022-78 SIA and Accept Final Map {CW113562.2} {CW117401.3}

EXHIBIT E
Warranty Bond
Warranty Bond
WHEREAS, the City of Patterson, State of California (“City”), and, __________________ ("Principal") have entered into a subdivision improvement agreement dated (the "Agreement") which is incorporated herein by reference, in which Principal has agreed to warrant and guarantee the installation and maintenance of certain designated public improvements; and WHEREAS, under the terms of the Agreement, Principal is required to file before acceptance of improvements by the City a good and sufficient bond with the City to secure the performance of its warranty and guarantee obligation under the Agreement.

NOW, THEREFORE, Principal and the undersigned as Surety, are held firmly bound unto the City in the sum of ($_______________) to secure the warranty and guarantee of Principal against any defective work or labor or material furnished in connection with the installation and maintenance of the public improvements for a period of one (1) year, as required by the Agreement.

The condition of this obligation is such that, if the Principal shall well and truly make good and protect the City against the results of any work or labor done or materials or equipment furnished which are defective or not in accordance with the terms of the Agreement, which shall have appeared or been discovered within said one (1) year period from and after completion of all work under the Agreement and final acceptance by City of said work, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition.

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

Principal:

By:

Name:

Title:

Surety:

By:

Name:

Title:
(SURETY’S SEAL)

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Attachment: 2022.11.08 final.Trivo LLC SIA Triplexes Phase One (CW117427xDCB25) (Approve Resoution No. 2022-78 SIA and Accept Final 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: November 15, 2022
ITEM NO: 5.6
SUBJECT: Adopt Resolution No. 2022-79, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

RECOMMENDATION
Motion to Adopt Resolution No. 2022-79, Authorizing the City to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 Allowing the City to Continue a Hybrid Virtual Meeting Environment.

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

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

REASONS FOR RECOMMENDATION

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

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

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

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

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

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

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

FISCAL IMPACTS
There is no fiscal impact.

ENVIRONMENTAL:

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

ALTERNATIVE ACTIONS

1. Adopt Resolution No. 2022-79;

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

3. Reject Resolution No. 2022-79

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{CW108806.1}
RESOLUTION NO. 2022-79

A RESOLUTION OF THE CITY OF PATTERSON CITY COUNCIL

PROCLAIMING A LOCAL EMERGENCY AND AUTHORIZING

REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

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

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Attachment: Resolution No. 2022-79 AB361 (12th Approval Nov. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-79 AB 361 Zoom {CW108806.1}
WHEREAS, there has been a significant increase in COVID-19 cases in Stanislaus County due primarily to the Omicron variant of SARS-CoV-2, the virus that causes COVID-19. Emerging evidence indicates that the Omicron variant is far more transmissible than prior variants of the virus, may cause more severe illness, and can be spread by fully vaccinated individuals; and
WHEREAS, as a consequence of the declared emergency, the City Council does hereby find that the legislative body of the City shall conduct their meetings without compliance with Government Code section 54953, subdivision (b)(3), as authorized by Section 54953, subdivision (e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in Section 54953, subdivision (e)(2); and
WHEREAS, pursuant to Government Code section 54953, subdivision (e)(3), in order to continue to teleconference without compliance with Government Code section 54953, subdivision (b)(3), the City Council shall, not later than 30 days after teleconferencing for the first time pursuant to this Resolution, and every 30 days thereafter, make the following findings by majority vote: The legislative body has reconsidered the circumstances of the state of emergency and any of the following conditions exist: (1) the state of emergency continues to directly impact the ability of the members to meet safely in person or (2) state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the City reserves the option to hold in-person meetings, consistent with local health officer directives, or to continue a practice of remote meetings that still allow multiple options for public participation.

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

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

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

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

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Attachment: Resolution No. 2022-79 AB361 (12th Approval Nov. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-79 AB 361 Zoom {CW108806.1}
meetings in accordance with Government Code section 54953, subdivision (e), and other applicable provisions of the Brown Act.

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

PASSED AND ADOPTED by the City Council of the City of Patterson at a meeting of said City Council held on the 15
th day of November 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. 2022-79 AB361 (12th Approval Nov. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-79 AB 361 Zoom {CW108806.1}
I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15 th day of
November 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATED:

City Clerk of the City of Patterson

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Attachment: Resolution No. 2022-79 AB361 (12th Approval Nov. 15, 2022) Initial Approval Oct. 19, 2021 (Resolution No. 2022-79 AB 361 Zoom 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: November 15, 2022
ITEM NO: 7.1
SUBJECT: Approve Resolution No. 2022-76, a Resolution to Establish Local Limits for Commercial and Industrial Dischargers and Authorize Staff to Implement the Local Limits.

RECOMMENDATION
Motion to Approve Resolution No. 2022-76, a resolution to establish Local Limits to for Commercial and Industrial Dischargers and authorize staff to implement the Local Limits.

BACKGROUND
The Water Quality Control Facility (WQCF) in the City of Patterson receives wastewater flows from residential, Commercial and Industrial dischargers. The City’s WQCF is permitted to comply with Wastewater Discharge Requirement (WDR) Order R5-2018-0070 and is required to keep constituents at compliant levels. The City, with the assistance of the City’s Consulted Wastewater Engineers, Lee & RO, Inc. has created a Local Limits Study to evaluate the current processes and system specifications to accurately identify the constituents and establish the Local Limits.

ANALYSIS
Setting Local Limits for Commercial and Industrial dischargers will assist the City’s continued mission to maintain the ground water quality. The local limits will assist the city in keeping salinity, nitrogen, and heavy metal concentrations low in the WQCF effluent. The study focused in identifying discharge limits using the publicly owned treatment works design specifications and data identified in the WDR to set Local Limits for Commercial and Industrial dischargers.

FISCAL IMPACT

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There will be no fiscal impact.

Attachments: Local Limits Final Report
Local Limits Presentation
Local Limits Resolution No. 2022-76

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Local Limits Study
City of Patterson
Water Quality Control Facility
Prepared For:

Prepared By:

July 26, 2022
Department of Public Works
City Hall
1 Plaza
Patterson, CA 95363
1550 Parkside Drive, Suite 320
Walnut Creek, CA 94596

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) Local Limits Study
July 2022
Page i

TABLE OF CONTENTS
SECTION 1: INTRODUCTION .................................................................................................... 1 SECTION 2: ESTABLISHED LOCAL LIMITS........................................................................... 2 SECTION 3: CURRENT INDUSTRIAL/COMMERCIAL DISCHARGERS.............................. 3 SECTION 4: IMPACTS OF SALINITY AND CONSTITUENTS ON WQCF............................ 4 SECTION 5: BIOSOLIDS REMOVAL FROM WQCF................................................................ 7 SECTION 6: IMPACTS TO LOCAL LIMITS FOR INDUSTRIAL DISCHARGERS................ 8 List of Figures
Figure 3.1 Water Cycle Surrounding WQCF ................................................................................. 3 List of Tables
Table 2.1 Established Local Limits ................................................................................................ 2 Table 4.1 Recommended Local Limits........................................................................................... 5 Table 4.2 Comparison of Average WDR Limits, Local Limits and WQCF Effluent Data............ 6 Table 5.1 Concentrations of Influent Constituents Removed by Biosolids in 2020 & 2021.......... 7

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) Local Limits Study
July 2022
Page ii
Abbreviations
AIPS Advanced Integrated Pond System
Ammonia-N Ammonia as N
BOD
5 5-day Biochemical Oxygen Demand
City City of Patterson
EC Electrical Conductivity
IPS Influent Pump Station
MGD Million Gallons Per Day
NASTS North Activated Sludge Treatment System
Nitrate-N Nitrate as Nitrogen
pH Potential Hydrogen
POC Pollutants of Concern
SASTS South Activated Sludge Treatment System
TDS Total Dissolved Solids
TSS Total Suspended Solids
Total P Total Phosphorous
TKN Total Kjeldahl Nitrogen
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WQCF Water Quality Control Facility

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers)

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) Local Limits Study
July 2022

Section 1: Introduction
The Water Quality Control Facility (WQCF) in the City of Patterson (City) receives wastewater flows from residential, industrial, and commercial dischargers. The City’s current estimated population is 22,730 with 5,959 residential connections and 261 commercial/industrial connections.

The WQCF is surrounded primarily by agricultural farmland and is adjacent to the floodplain of the San Joaquin River. The City relies solely on the groundwater from the Delta-Mendota Subbasin (located in the San Joaquin Valley Basin) for its water supply. Groundwater beneath the City is present in two aquifers, a lower confined zone and an upper unconfined zone which are separated by a semi-impermeable clay layer.

In order to maintain the ground water quality, it is important to keep salinity, nitrogen, and heavy metal concentrations low in the WQCF effluent which is sent to the percolation ponds. The percolation ponds eventually discharge into the groundwater. To keep the salinity, nitrogen, and heavy metal concentrations low in the WQCF effluent, it is important that these parameters are kept within reasonable limits in the WQCF influent which comprises of residential, industrial/commercial discharges. Also, there are operational, compliance and monetary impacts of these discharges to WQCF and it is reasonable and fair that the industrial/commercial dischargers either treat their wastewaters to established local limits or pay fees in proportion to the pollutant load that they are sending to the WQCF. The City understands the importance of having thriving industries contributing to the local economy and hence so far has taken a stance of being understanding and accommodating of dischargers and not strictly enforcing the local limits, as long as the WQCF effluent discharge limits are being met.

Data has been gathered from some of the industrial dischargers to present the effects that elevated constituents have on the treatment efforts of WQCF. Data was compared to the City’s local limits as well as taking into consideration the parameters set forth in WDR R5-2018-0070.

A high level discussion will be presented on additional flows and loads that the WQCF can potentially take on from residential and industrial and commercial dischargers. The goal of this study is to provide an opinion on the need to make any adjustments to the local limits for all commercial and industrial dischargers going to the WQCF.

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) Local Limits Study
July 2022

Section 2: Established Local Limits
The City has established local limits as shown in Table 2.1.

Table 2.1 Established Local Limits
Parameter Concentration Unit
BOD5 240 mg/L
TSS 220 mg/L
EC 2,940 umhos/cm
TDS 3,200 mg/L
TKN 40 mg/L
Sodium 510 mg/L
Chloride 460 mg/L
Arsenic 1.00 mg/L
Selenium 2.00 mg/L
pH 6.5 – 8.5 -
Cadmium 0.70 mg/L
Chromium 1.00 mg/L
Copper 2.70 mg/L
Cyanide 1.00 mg/L
Lead 0.40 mg/L
Mercury 0.01 mg/L
Zinc 2.60 mg/L
Nickel 2.60 mg/L
Silver 0.70 mg/L
Temperature at interceptor 100 ° F
The established local limits are set forth by the City, and all dischargers, residential or industrial, are required to meet them. Exceeding these limitations can negatively impact the collection system infrastructure, WQCF operations, WQCF’s ability to meet the effluent limitations and quality of the groundwaters in the Central Valley. Continuous exceedances can negatively impact the beneficial use of groundwaters including potable water sources and agricultural production.

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) Local Limits Study
July 2022

Section 3: Current Industrial/Commercial Dischargers
There are many industrial and commercial dischargers such as restaurants, car washes, laundromats, and grocery stores contributing to the WQCF. Samples have been taken on the effluent streams of the dischargers which can be seen in Figure 3.1.

Figure 3.1 Water Cycle Surrounding WQCF
Figure 3.1 demonstrates the Water Cycle surrounding the City’s Waste Quality Control Facility, starting from the source water from the ground water wells to the WQCF effluent discharging into the ground waters. The orange circles show where the samples are taken. Sampling data from this report comes from two example commercial/industrial dischargers, the WQCF influent and effluent, and biosolids from drying beds which are all highlighted on this diagram.

Additionally, the City collects ground water quality data from multiple ground water monitoring wells near the effluent discharge percolation ponds.

The source water is a combination of both organic and inorganic pollutants from residential and commercial/industrial uses. Inflow and infiltration enter the collection system through damaged pipes and stormwater cross connections. In addition to this, there is an impact from rainfall, evaporation, and leaching from farming practices on the open areas of the WQCF infrastructure.

A majority of the organic pollutants are removed by the WQCF, while the inorganic pollutants remain in the WQCF effluent and eventually make their way into the groundwater.

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) Local Limits Study
July 2022

Section 4: Impacts of Salinity and Constituents on WQCF Wastewater generated in the City is primarily from residential sources. Industrial uses within the City are “light industrial”. The existing wastewater collection system serves the current population and consists of three lift stations and terminates at the Wastewater Quality Control Facility (WQCF), where it is treated and disposed of into the ground via 11 different percolations ponds. Streams from the local industrial and residential dischargers combine and enter the headworks and distribution facilities at WQCF where the wastewater is screened to remove coarse material from the raw wastewater. Following screening, wastewater then flows to the Influent Pump Station (IPS) and is pumped to one of the process areas (NASTS, AIPS, or SASTS). Aerators are used for anoxic and aerobic treatment to remove BOD5, solids, and other nutrients. The waste activated sludge that is produced from the NASTS and SASTS is sent to be aerobically digested and dewatered by centrifuge. Sludge is typically stored onsite until needed for planting and land application. Some portion of pollutants of concern (POC) are removed in the biosolids.

Since a high amount of farming takes place in this region, salinity needs to be carefully monitored as it can affect crop production and drinking water sources. The City has been mindful of their TDS, BOD5, TSS and TN effluent discharge as they have the potential to affect the groundwater negatively long term if unmonitored. The TDS is composed of the total dissolved solids and organic volatile solids. A higher BOD5 contributes to more TDS and measures taken to decrease the BOD5 will also decrease the TDS. Higher BOD5 loads from industrial dischargers will put more strain on the treatment efforts of WQCF, requiring more electricity usage from the aerators, and can directly result in higher groundwater salinity and POCs.

The WQCF effluent meets the WDR limits. The combined effluent annual average for TDS in 2021 was 1,167 mg/L which is under the limit of 1,250 mg/L as seen in Table 4.1. The TDS from industrial dischargers have consistently been higher than the TDS in the WQCF plant effluent and higher than the TDS in the groundwater. In 2021 there were some exceedances on the TDS in the groundwater in Monitoring Wells 6 and 12. This was analyzed more closely and it was determined that these wells are two of the furthest wells from the plant property, and these exceedances were likely attributed to nearby agricultural activity which surround the wells’ location. The influent flows to the WQCF have been increasing and will continue to increase over the next several years which will cause more strain on the treatment efforts and could put the plant at risk for meeting the TDS treating requirements. Since there are already groundwater exceedances occurring due to external factors, and with increasing demand on improving groundwater salinity, the City desires to minimize additional exceedances and protect the WQCF infrastructure from the expected elevated loads in the future.

If the Commercial/Industrial dischargers continue to send effluent with concentrations of constituents higher than the local limits or even higher than the WDR limits, the WQCF is likely to face operational and compliance issues as the area continues to experience population growth

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) Local Limits Study
July 2022

and more discharge connections are made to the sewer system. The local limit of 3,200 mg/L for TDS is too high for all Commercial/Industrial Dischargers. The TDS local limit should be brought down to the WDR limit of 1,250 mg/L.

One of the two example discharger has sent up to 14.7% of the WQCF BOD5 load. City recognizes that this example discharger is a major contributor of the pollutant load on the WQCF. The City is working with the example discharger to reduce their pollutant load, including the TDS numbers as this discharger has struggled to stay within the established local limits. The other example discharger has met their local limits consistently, except for one occasion.

Another aspect to take into consideration for the local limits is Total Nitrogen (TN). Currently, the local limit parameter for tracing Nitrogen is TKN. The WDR measures Nitrogen as TN. To be consistent with the WDR, the TKN local limit should be replaced with the TN local limit with a concentration of 40 mg/L.

Table 4.1 Recommended Local Limits
Parameter Concentration Unit
BOD5 240 mg/L
TSS 220 mg/L
EC 2,940 umhos/cm
TDS 1,250 mg/L
TN 40 mg/L
Sodium 510 mg/L
Chloride 460 mg/L
Arsenic 1.00 mg/L
Selenium 2.00 mg/L
pH 6.5 – 8.5 -
Cadmium 0.70 mg/L
Chromium 1.00 mg/L
Copper 2.70 mg/L
Cyanide 1.00 mg/L
Lead 0.40 mg/L
Mercury 0.01 mg/L
Zinc 2.60 mg/L
Nickel 2.60 mg/L
Silver 0.70 mg/L
Temperature at interceptor 100 ° F
Table 4.2 shows the WDR limits, local limits and how WQCF performed within the WDR limits.

The red text shows where exceedances happened and the green text shows where the plant was in compliance with the WDR limits. Despite receiving flow from local discharges that was outside of the local limits, the WQCF mitigated those exceedances and was able to stay withing the local limits and WDR limits, except for the low end of the pH range on two occasions which could be due to an instrument error.

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July 2022

Table 4.2 Comparison of Average WDR Limits, Local Limits and WQCF Effluent Data Parameter
WDR
2018
Limits
Local
Limits Units
Average
WQCF
Effluent
Data
(2017)
Average
WQCF
Effluent
Data
(2018)
Average
WQCF
Effluent
Data
(2019)
Average
WQCF
Effluent
Data
(2020)
Average
WQCF
Effluent
Data
(2021)
BOD5 23 240 mg/L 7 7.2 12.7 20.9 23.3
TSS 23 220 mg/L 5.2 4.5 8.6 19 22.3
EC -- 2,940 umhos/cm 1,835 1,823.6 1,760 1,825.4 1,874.4 TDS 1,250 3,200 mg/L 1,166.7 1,181.8 1,125 1,173.1 1,216.7 TKN -- 40 mg/L 5 3.2 5.2 7.3 7.7
Total
Nitrogen
(as N)
12 -- mg/L 5.4 3.7 5.2 8.3 10
Sodium -- 510 mg/L 210.3 219.1 223.6 231.7 298.9
Chloride -- 460 mg/L 300.8 306 295.5 296.9 325.6
pH range -- 6.5 – 8.5 - 5.8-7.7 7.6-8.0 7.5-8.0 7.4-8.4 5.1-8.4 Temperature
at interceptor -- 100 ° F -- -- -- -- --
Note: Green = in compliance, Red = exceedance

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) Local Limits Study
July 2022

Section 5: Biosolids Removal from WQCF
Table 5.1 highlights the concentration of specific types of constituents that are removed by biosolids in the years 2020 and 2021. There is no data present on these constituents in the influent for these years so no analysis on percent removal can be calculated. This table demonstrates that a portion of the heavy metals and nitrogen-based compounds are removed with the plant solids and are sent to decompose organically and not to the percolation ponds.

Table 5.1 Concentrations of Influent Constituents Removed by Biosolids in 2020 & 2021 Constituent 2021 (mg/L) 2020 (mg/L)
Arsenic 0.002 0.0045
Cadmium 0.0002 0.0003
Chromium 0.015 0.0253
Gold 0.043 0.0716
Lead 0.0019 0.0032
Mercury 0.00011 0.0003
Molybdenum 0.0012 0.0016
Nickle 0.0029 0.0062
Selenium 0.0019 0.0039
Zinc 0.13 0.213
TKN 13.69 19.65
Ammonia-N 5.64 6.34
Nitrate-N 0.00033 0.0047
Total
Phosphorus 2.50 8.69
Potassium 0.88 1.70
Boron 0.015 0.0184
pH 5.8 7.6
Organic-N 8.04 13.31

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) Local Limits Study
July 2022

Section 6: Impacts to Local Limits for Industrial Dischargers The City is pro-actively planning to add Phase III A expansion which will require significant capital and additional operational needs. Part of the capital and operating costs for the expansion can be offset by asking the high load dischargers to contribute in proportion to their discharges or perhaps even more than their proportional contributions because their higher loads is stressing the WQCFs ability to effectively treat the wastewaters, thus accelerating the needs for plant expansion.

One of the example dischargers, who is the major contributor of BOD5 and TDS load to the WQCF, will be asked to meet the new local limits. The implications for this discharger could be addition of a new equalization tank at a minimum and perhaps addition of a pre-treatment system or pay fees in proportion of their pollution impact to the WQCF.

The WQCF is currently meeting the WDR discharge requirements for BOD5, TSS, TN and TDS.

The WQCF is about to add 0.2 MGD of additional capacity through NASTS upgrades. The facility, in theory, will be capable of treating 2.45 MGD with 2022 flows predicted at 1.8 MGD.

However, the flows to the WQCF have been trending upwards for the last five years and a growth spurt may put the WQCF under stress to the extent that existing infrastructure may struggle in meeting the discharge limitations. Due to the age, some of the existing infrastructure is requiring more operational and maintenance oversight. There is a chance, if the existing infrastructure is pushed to treat the 2.45 MGD rated capacity, the WQCF may consistently not meet the WDR limits.

Therefore, to proactively get ahead of this cause, the industrial TDS limit of 3,200 mg/L will be brought down to match the WQCF discharge limit of 1,250 mg/L. The TKN limit of 40 mg/L will be replaced with TN limit of 40 mg/L.

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Attachment: Local Limit Report_Final July 2022 (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) WQCF Local
Limits
November 15, 2022

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Attachment: Local Limits Presentation (Approve Resolution Establishing Local Limits for Commercial & Introduction • Mission • Local Limits • Consultant

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Attachment: Local Limits Presentation (Approve Resolution Establishing Local Limits for Commercial & Background • Constituents • BOD • TSS • TN • WDR

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Attachment: Local Limits Presentation (Approve Resolution Establishing Local Limits for Commercial & Analysis • Influent • Effluent • Design Specifications

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Attachment: Local Limits Presentation (Approve Resolution Establishing Local Limits for Commercial & Local Limits
Parameter Concentration Unit
BOD
5 240 mg/L
TSS 220 mg/L
EC 2,940 umhos/cm
TDS 1,250 mg/L
TKN 40 mg/L
Sodium 510 mg/L
Chloride 460 mg/L
Arsenic 1.00 mg/L
Selenium 2.00 mg/L
pH 6.5 – 8.5-
Cadmium 0.70 mg/L
Chromium 1.00 mg/L
Copper 2.70 mg/L
Cyanide 1.00 mg/L
Lead 0.40 mg/L
Mercury 0.01 mg/L
Zinc 2.60 mg/L
Nickel 2.60 mg/L
Silver 0.70 mg/L
Temperature at
interceptor
100°F

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Attachment: Local Limits Presentation (Approve Resolution Establishing Local Limits for Commercial & Goal • Compliance • Protect Groundwater • Recommend Council Approval of Attached
Resolution

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Attachment: Local Limits Presentation (Approve Resolution Establishing Local Limits for Commercial & 1 1 RESOLUTION NO. 2022-76
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 ESTABLISHING LOCAL LIMITS FOR COMMERCIAL AND INDUSTRIAL 5 DISCHARGERS AND AUTHORIZE STAFF TO IMPLEMENT THE LOCAL LIMITS 6 7 WHEREAS, the City of Patterson Water Quality Control Facility (WQCF) receives 8 wastewater flows from residential, Commercial and Industrial dischargers; and 9 10 WHEREAS, the City’s Water Quality Control Facility (WQCF) is permitted to comply 11 with Wastewater Discharge Requirement (WDR) Order R5-2018-0070 and is required to keep 12 constituents at compliant levels; and
13 14 WHEREAS, setting Local Limits for Commercial and Industrial dischargers will assist 15 the City’s continued mission to maintain groundwater quality and compliance; and 16 17 WHEREAS, a study was conducted and Local Limit standards were identified using 18 design specifications and the Wastewater Discharge Requirement Order. 19 20 NOW THEREFORE BE IT RESOLVED that the City Council of the City of Patterson 21 does hereby authorize the establishment of the Local Limits for Commercial and Industrial 22 Dischargers and authorize staff to implement the following Local Limits. 23 24

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Attachment: Resolution No. 2022-76 - Local Limits (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) 2 1
2 3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Patterson this 15
th
4 day of November 2022, by the following roll call vote:
5 6 AYES:
7 NOES:
8 EXCUSED:
9 APPROVED:
10 11
12 ___________________________________
13 14 Dennis McCord
15 Mayor of the City of Patterson
16 17 ATTEST:
18 19
20 _________________________________
21 Aracely Alegre
22 City Clerk of the City of Patterson
23 24
25 26
27 28
29 30
31 32
33 34
35 7.1.c
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Attachment: Resolution No. 2022-76 - Local Limits (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) 3 1
2 3
4 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by 5 the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15 th
6 day of November 2022, and I further
7 certify that said resolution is in full force and effect and has never been rescinded or modified. 8 DATED:
9 10
11 City Clerk of the City of Patterson

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Attachment: Resolution No. 2022-76 - Local Limits (Approve Resolution Establishing Local Limits for Commercial & Industrial Dischargers) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: November 15, 2022
ITEM NO: 7.2
SUBJECT: Approve Resolution No. 2022-77, Approving a Service Agreement with the Downtown Modesto Partnership for the RAD Card Program, in an amount not to exceed $250,875, and Authorize the City Manager to Execute the Agreement and all Future Documents for this Program on the City’s behalf.

RECOMMENDATION
Motion to Approve Resolution No. 2022-77, Approving a Service Agreement with the Downtown Modesto Partnership for the RAD Card Program, in an amount not to exceed $250,875, and Authorize the City Manager to Execute the Agreement and all Future Documents for this Program on the City’s behalf.

BACKGROUND
In addition to its impact on public health, the 2019 corona virus disease (COVID-19) caused major financial distress to the business community and many of our residents. Businesses struggled financially due to required closings, supply chain interruptions, and operational requirements to address COVID-19; impacts which caused some businesses to close.

With small businesses reeling from these effects, Stanislaus County partnered with the Downtown Modesto Partnership for the RAD Card, or “Relief Across Downtown” Card, program; effectively putting more spending dollars in consumer wallets for purchases at downtown restaurants and retailers and doubling spending dollars for downtown businesses.

The RAD Card is a digital gift card created by the Downtown Modesto Partnership which was originally focused on aiding downtown Modesto businesses. The program showed remarkable success within Modesto’s downtown and after the County Board of Supervisors learned of the

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success, they voted to deploy the program in downtown districts countywide and committed one million dollars from the County’s CARES Act to the program. The dollars committed by the County were used to match participating consumers’ funds dollar-for-dollar, up to $100 per person.

As a result of the County’s adoption of the RAD Card program and their initial influx of matching funds, nine Patterson downtown businesses are participating in the program, and 817 Patterson RAD Cards totaling $140,460 have been purchased to date; 109 RAD Cards remain active.

ANALYSIS
The RAD Card program functions much like a gift card, however, the funds are only accessible by downloading an application (app) onto a mobile device. When a consumer downloads the RAD Card app, their purchase amount of either $25, $50, $75, or $100 is automatically matched, doubling the funds in the consumer’s RAD Card account. The consumer’s app is then assigned a unique QR code that can be scanned by participating restaurants, retailers, and personal care services when a transaction occurs. When a consumer makes a purchase, the retailer scans the QR code, enters the amount of the purchase, and uploads a picture of the receipt. The funds in the account are encumbered accordingly, and the consumer’s purchase is complete. On the back end, funds are disbursed to retailers electronically on a weekly basis.

With the lingering effects of the pandemic and increasing inflation impacting businesses and our City's residents, revisiting this program may help stimulate the economy for the city’s small businesses and our residents. However, in revisiting this program, to broaden the positive effect of this program, staff is recommending expanding the parameters of the program from strictly the downtown district to the entire City of Patterson. The requirements for participation other than business location would remain the same, meaning participating businesses would only be brick-and-mortar, non-chain, non-franchisee, and no pop-up businesses.

To ensure even greater success for the citywide RAD Card program extensive marketing will be conducted with direct mailers, face-to-face communication with qualifying businesses, and coordination with community partners such as the Chamber of Commerce, Hispanic Chamber of Commerce, and the Economic Strategic Commission.

FISCAL IMPACT
Staff is recommending allotting $250,875 ($225,000 in matching funds and $25,875 for administrative costs) to launch the expanded RAD Card program. Funding for Economic Recovery Programs, such as the RAD Card program, was approved in the 2022/23 fiscal year budget from American Rescue Relief Funds.

ATTACHMENTS

1. Resolution No. 2022-77

2. Agreement

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RESOLUTION NO. 2022-77

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

APPROVING A SERVICE AGREEMENT WITH DOWNTOWN MODESTO

PARTNERSHIP FOR THE RAD CARD PROGRAM IN AN AMOUNT NOT TO EXCEED $500,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

AGREEMENT AND ALL FUTURE DOCUMENTS FOR THIS PROGRAM ON THE CITY’S BEHALF.

WHEREAS, COVID-19 caused major financial distress to the business community; and WHEREAS, to assist small businesses during this time the Downtown Modesto Partnership created the RAD Card Program to put more spending dollars in consumer’s wallets for purchases at downtown restaurants and retailers, doubling spending dollars for downtown businesses; and
WHEREAS, with the success of the RAD Card in downtown Modesto, the Stanislaus Board of Supervisors deployed the program to downtown districts countywide and committed one million dollars in County CARES Act funds to the program; and WHEREAS, as a result of the County’s countywide deployment of the RAD Card program, the City had 9 businesses participating and 817 Patterson RAD Cards totaling $140,460 purchased to date; and
WHEREAS, with the lingering effects of the pandemic and increasing inflation impacting businesses, revisiting the RAD Card Program may help stimulate the economy for the City’s small businesses; and
WHEREAS, to broaden the effect of the program, staff is recommending expanding the program the parameters of the program from strictly the downtown district to the entire City of Patterson; and
WHEREAS, qualified businesses would only be brick-and-mortar, non-chain, nonfranchisee, and no pop-up businesses.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson that it hereby approves a Professional Services Agreement with Downtown Modesto Partnership for the RAD Card Program in an amount not to exceed $500,000 and authorizes the City Manager to execute the Agreement and all future documents for the program on the City’s behalf.

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Attachment: Resolution No. 2022-77 RAD Card (RAD Card)
The foregoing resolution was passed by the City Council at a regular meeting held on the 15 th day of November 2022, by , who moved its
adoption, which motion was duly seconded by , and the
resolution adopted by the following roll call vote:

AYES:

NOES:

EXCUSED:

APPROVED:

Dennis McCord
Mayor of the City of Patterson
ATTEST:

Aracely Alegre
City Clerk of the City of Patterson

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Attachment: Resolution No. 2022-77 RAD Card (RAD Card)
I hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 15th day of November 2022, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.

DATED:

City Clerk of the City of Patterson

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Attachment: Resolution No. 2022-77 RAD Card (RAD Card)

PROFESSIONAL SERIVICES AGREEMENT

FOR ADMINISTRATIVE SERVICES REGARDING IMPLEMENTATION OF THE RAD CARD

PROGRAM IN THE CITY OF PATTERSON
This Agreement for Professional Services (the "Agreement") is made and entered into by and between the City of Patterson ("City") and Modesto Improvement Partnership, Inc.,a California Non-Profit Public Benefit Corporation, ("Contractor'' or "DoMo") as of the date of the last signature below.

Recitals
WHEREAS, the City has a need for services involving administrative support to implement the touchless gift card program within the City of Patterson; WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; and
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

Terms and Conditions

1. Scope of Work

1.1 The Contractor shall furnish to the City upon execution of this Agreement or receipt of the City's written authorization to proceed, those services and work set forth in Exhibits "A" and "B."

1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, they shall have the right to reproduce, publish and use all such work (except the RAD Card Application code, language, frame work and any intellectual property rights associated therewith), or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so upon receiving permission from the Contractor.

1.3 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner consistent with the requirements and standards established by applicable federal, state, and City laws, ordinances, regulations, and resolutions, and in accordance with a schedule of work set forth in Exhibit A. If there is no schedule, the hours, and times for completion of said services and work are to be set by the Contractor; provided, however, that such schedule is subject to review by and concurrence of the City.

2. Consideration

2.1 So long as Contractor is in compliance with this Agreement, City shall pay Contractor as set forth in Exhibit A. Contractor shall provide sufficient statements to allow City to confirm services rendered pursuant to the terms of this Agreement.

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Attachment: RAD Card Agreement (RAD Card)

2.2 Except as expressly provided in Exhibit A of this Agreement, Contractor shall not be entitled to nor receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, disability retirement benefits, sick leave, vacation time, paid holidays or other paid leaves of absence of any type or kind whatsoever.

2.3 City will not withhold any Federal or State income taxes or Social Security tax from any payments made by City to Contractor under the terms and conditions of this Agreement.

Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor.

City has no responsibility or liability for payment of Contractor's taxes or assessments.

2.4 Pursuant to Penal Code section 484b and to Business and Professions Code section 7108.5, the Contractor must apply all funds and progress payments received by the Contractor from the City for payment of services, labor, materials, or equipment to pay for such services, labor, materials or equipment. Pursuant to Civil Code section 1479, the Contractor shall direct or otherwise manifest the Contractor's intention and desire that payments made by the Contractor to subcontractors, suppliers and materialmen shall be applied to retire and extinguish the debts or obligations resulting from the performance of this Agreement.

3. Term

3.1 The term of this Agreement shall be from the date of approval of this Agreement until completion of the agreed upon services. For the purposes of this Agreement, 'completion of the agreed upon services' shall occur upon all of the following: (a) the balance of the Match Funds (less the administrative fees) has been deposited/loaded onto RAD Card user accounts; (b) the dollar amount of the Match Funds (less the administrative fees) has been spent by RAD Card users (without regard as to whether such funds actually expended were user deposited funds or Match Funds); and (c) Contractor provide sufficient statements as required by Section 2.1.

3.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party's option, may terminate this Agreement by giving thirty (30) days written notification to the other party.

3.3 This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, (b) sale of Contractor's business, (c) cancellation of insurance require under the terms of this Agreement, and (d) if, for any reason, Contractor ceases to be licensed or otherwise authorized to do business in the State of California, and the Contractor fails to remedy such defect or defects within thirty (30) days of receipt of notice of such defect or defects.

3.4 The City may terminate this agreement upon 30 days prior written notice to the Contractor. Termination of this Agreement shall not affect the City's obligation to pay for all fees earned and reasonable costs necessarily incurred by the Contractor as provided in Paragraph 2 herein, subject to any applicable setoffs.

4. Required Licenses, Certificates and Permits

4.1 Any licenses, certificates or permits required by the federal, state, county or municipal governments for Contractor to provide the services and work described in Exhibit A must be procured by Contractor and be valid at the time Contractor enters into this Agreement. Further, during the term of this Agreement, Contractor must maintain such licenses, certificates and permits in full force and effect. Licenses, certificates, and permits may include but are not limited to driver's

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Attachment: RAD Card Agreement (RAD Card)

licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits will be procured and maintained in force by Contractor at no expense to the City.

4.2 Contractor further certifies to City that it and its principals are not debarred, suspended, or otherwise excluded or ineligible for participation in federal, state, county, or city government contracts. Contractor certifies that it shall not contract with a subcontractor that is so debarred or suspended.

5. Office Space, Supplies, Equipment, Etc.

Unless otherwise provided in Exhibit A, Contractor shall provide such office space, supplies, equipment, vehicles, reference materials and telephone service as is necessary for Contractor to provide the services identified in Exhibit A to this Agreement. City is not obligated to reimburse or pay Contractor for any expense or cost incurred by Contractor in procuring or maintaining such items. Responsibility for the costs and expenses incurred by Contractor in providing and maintaining such items is the sole responsibility and obligation of Contractor.

6. Insurance
Coverage Required: Contractor shall obtain, and maintain at all times during the term of this Agreement, insurance coverage in the amounts and coverage specified in the attached Exhibit "C."

7. Defense and Indemnification

7.1 To the fullest extent permitted by law, Contractor shall indemnify, hold harmless and defend the City and its agents, officers and employees from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employees, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including the loss of use; provided, however, such indemnification shall not extend to or cover loss, damage or expense arising from the sole negligence or willful misconduct of the City or its agents, officers and employees.

7.2 Contractor's obligation to defend, indemnify and hold the City and its agents, officers and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.

7.3 Contractor shall indemnify, defend, and hold harmless and shall be responsible for any and all federal, state and local taxes, fees, or contributions required to be paid with respect to Contractor and Contractor's officers, employees, and agents engaged in the performance of this Agreement, including and without limitation unemployment insurance, social security and payroll tax withholding.

8. Status of Contractor

8.1 All acts of Contractor and its officers, employees, agents, representatives, subcontractors and all others acting on behalf of Contractor relating to the performance of this Agreement, shall be performed as independentcontractors and not as agents, officers or employees of City. Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on

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Attachment: RAD Card Agreement (RAD Card)

behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employeremployee relationship or a joint venture.

8.2 At all times during the term of this Agreement, the Contractor and its officers, employees, agents, representatives, or subcontractors are, and shall represent and conduct themselves as, independent contractors and not employees of City.

8.3 Contractor shall determine the method, details, and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. Contractor is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

8.4 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

8.5 It is understood and agreed that as an independent Contractor and not an employee of City, the Contractor and the Contractor's officers, employees, agents, representatives or subcontractors do not have any entitlement as a City employee, and do not have the right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

8.6 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

8.7 Contractor retains all of their powers and authority to direct and control to the full extent of the law. Included in but not limited to those duties and powers are the rights to: direct the work of its employees; establish the developmental philosophy, goals, and objectives; ensure the rights and opportunities of children and families; determine the staffing patterns; determine the number and kinds of personnel required; determine the ·classification of positions; maintain the efficiency of the program operation; determine the curriculum; develop a budget; develop and implement budget procedures. In addition, the Contractors retain the rightto hire,assign, evaluate, promote, terminate, and discipline employees, and to take action on any matter in the event of an emergency. The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the Contractors, the adoption of policies, rules,regulation, and practices infurtherance thereof, and the use ofjudgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with the laws ofthe State of California.

8.8 As an independent Contractor, Contractor hereby indemnifies and holds the City harmless from any and all claims that may be made against City based upon any contention by any

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Attachment: RAD Card Agreement (RAD Card)

third party that an employer-employee relationship exists by reason of this Agreement.

9. Records and Audit

9.1 Contractor shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photostatic, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof.

9.2 Any authorized representative of City shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by Contractor. Further, City has the right at all reasonable times to audit, inspect or otherwise evaluate the work performed or being performed under this Agreement.

10. Confidentiality
The Contractor agrees to keep confidential all information obtained or learned during the course of furnishing services under this Agreement and to not disclose or reveal such information for any purpose not directly connected with the matter for which services are provided.

11. Nondiscrimination

11.1 Non-Discrimination. During the performance of this Agreement, Contractor and its officers employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any Federal, State or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religious creed, color, national origin, ancestry, physical or mental disability including perception of a disability, medical condition, genetic information, pregnancy related condition, marital status, gender/sex, sexual orientation, gender identity, gender expression, age (over 40), political affiliation or belief, or military and veteran status. Contractor and its officers, employees, agents, representatives or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City's non-discrimination policy; the Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101, and 1102; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulations or the Code of Federal Regulations.

11.2 Contractor shall include the non-discrimination and compliance provisions of this clause-in all subcontracts to perform work under this Agreement.

11.3 Contractor shall provide a system by which recipients of service shall have the opportunity to express and have considered their views, grievances, and complaints regarding Contractor's delivery of services.

12. Assignment
This is an agreement for the services of Contractor. City has relied upon the skills, knowledge, experience and training of Contractor and the Contractor's firm, associates and employees as an inducement to enter into this Agreement. Contractor shall not assign or

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Attachment: RAD Card Agreement (RAD Card)

subcontract this Agreement without the express written consent of City. Further, Contractor shall not assign any monies due or to become due under this Agreement without the prior written consent of City.

13. Waiver of Default
Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement 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 Agreement unless this Agreement is modified as provided below.

14. Notice
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which Contractor or City shall be required or may desire to make shall be inwriting and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:

To City:

City of Patterson
1 Plaza Circle
Patterson, CA 95363
To Contractor:

Modesto Improvement Partnership dba
Downtown Modesto Partnership
1003 10th Street, Suite A
Modesto, Ca 95354
Attn: City Manager

15. Conflicts
Contractor agrees that it has no interest and shall not acquire any interest direct or indirect which would conflict in any manner or degree with the performance of the work and services under this Agreement.

16. Severability
If any portion of this Agreement 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 county statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

17. Amendment
This Agreement 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 same formalities as this Agreement and attached to the original Agreement to maintain continuity.

18. EntireAgreement
This Agreement supersedes any and all other agreements, either oral or in writing, between any of the parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each party acknowledges that no representations,

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Attachment: RAD Card Agreement (RAD Card)

inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

19. Advice of Attorney
Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.

20. Construction
Headings or captions to the provisions of this Agreement are solely for the convenience of the parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both parties had infact drafted this Agreement.

21. Governing Law and Venue
This Agreement shall be deemed to be made under and shall be governed by and construed in accordance with, the laws of the State of California. Any action brought to enforce the terms or provisions of this Agreement shall have venue inthe County of Stanislaus, State of California.

22. Authorized Signature
The person signing this Agreement ("Signatory") represents and warrants that he or she is duly authorized and has legal capacity to execute this Agreement. Signatory represents and warrants that the execution and delivery of the Agreement and the performance of Contractor's obligations hereunder has been duly authorized, and that the Agreement is a valid and legal agreement binding on Contractor and enforceable in accordance with its terms.

7.2.b
Packet Pg. 100 Attachment: RAD Card Agreement (RAD Card)

IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Agreement on the day and year first hereinabove written.

MODESTO IMPROVEMENT PARTNERSHIP
dba DOWNTOWN MODESTO PARTNERSHIP
Dated:

By:

Josh Bridegroom, CEO
"City" "Contractor"
APPROVED:

APPROVED AS TO FORM:

City Attorney
Dated:

By:

Nubia Goldstein, City Attorney
City of Patterson
Dated:

By:

Ken Irwin
City Manager, Patterson

7.2.b
Packet Pg. 101 Attachment: RAD Card Agreement (RAD Card)

EXHIBIT A
A. SCOPE OF WORK
The Contractor shall provide professional administrative services under this Agreement for business revitalization and economic development support. The investment strategy in local businesses and non-profit organizations is intended to infuse and stabilize the small business economy and secure the ongoing operation of non-profit services critical to community support and economic recovery in the City of Patterson. The services provided shall include:
o Administration, implementation and promotion of a citywide touchless gift card ("RAD Cardtm) program whereby residents will be able to purchase e-gift cards in different denominations ($25, $50, $75, $100) for use at participating small businesses located within the City. The City of Patterson Community Match Fund will allow consumers to double their spending when purchasing a gift card with a maximum of $100 per resident.
o The City will identify a community liaison for the RADtm Card program. The community liaison will be responsible for providing the Contractor with a boundary map and a list of qualifying businesses within the boundary area. The community liaison will also be responsible for outreach to the community's businesses related to onboarding and crowd-source promotions. Contractor will provide concise onboarding and promotional materials for community liaisons to share with their business community. o The RAD Card
1m will provide relief for small businesses impacted by the COVID-19 pandemic whose typical products sell for less than the denomination available per user under the Community Match Fund (i.e., less than $100). Examples of the types of businesses this program is designed to support include, but are not limited to:
restaurants, theaters, boutique retailers and beauty salons. The City reserves the right to further quantify the type, size, and other qualifying requirements that it deems appropriate with respect to eligibility and participation in the RADCardtm program, however; prior to implementing any changes the City shall consult with DoMo.

7.2.b
Packet Pg. 102 Attachment: RAD Card Agreement (RAD Card)

o DoMo shall provide support to participating RAD Card1program businesses as required, including, but not limited to: (i) enrollment in the RAD Card program, (ii) App" & "QR Code;" (iii) promotion and marketing; and {iv) access to other technical assistance expertise the Consultant possesses and provides to other similarparticipating communities. o Contractor will provide monthly activity reports to City which shall include at a minimum the following: number of RAD gift cards issued, value of RAD gift cards issued, value of RAD gift cards redeemed, and any other performance indicators Contractor and City deem appropriate to gauge the success of the RAD Card program in the City.

City has allocated a budget of Two Hundred Fifty Thousand Eight Hundred and Seventy-Five Dollars ($250,875 "Allocated Budget"] for its RAD Card program, which includes the Community Match Fund and the fee to be paid to Contractor (DoMo) for professional services rendered as set forth in this Agreement and Exhibits hereto. City shall pay DoMo an Administrative Fee not-to-exceed eleven and a half percent (11.5%) or Twenty-Five Thousand Eight Hundred and seventy-five Dollars ($25,875) of the Allocated Budget to cover the cost of administration of the touchless gift card program, including, but not limited to: DoMo staffing, marketing, analytics, software, training, website, accounting, credit card processing fees, technical assistance, etc. The balance of the Allocated Budget Two Hundred Twenty Five Thousand Dollars ($225,000) shall constitute the City Community Match Fund to be disbursed by DoMo to participating RAD program businesses.
o City shall transfer by wire to DoMo's specified federally insured bank account(s), to be held my DoMo for the City of Patterson Community Match fund, and for no other purpose Two Hundred Twenty Five Thousand Dollars ($225,000) pursuant to the disbursement schedule specified by City in Exhibit B.

B. COMPENSATION:
follows:

The Contractor shall be compensated for the services provided under this Agreement as The Parties hereto acknowledge the maximum amount to be paid by the City for services provided under the term of this Agreement shall not exceed the Administrative Fee, or the sum of Twenty-Five Thousand Eight Hundred and Seventy-Five Dollars ($25,875), including, without limitation, the cost of any subcontractors, consultants, experts or investigators retained by the Contractor to perform or to assist in the performance of its work under this Agreement.

Contractor's Administrative Fee compensation for services rendered shall be paid in four installments of Si x Thousand Fo ur Hundred and Sixty Eight Dollars and 75/100 ($6,468.75) each, the first payment being disbursed to DoMo at the same time as the initial disbursement ("Initial Disbursement," See Exhibit B) of the Community Match Fund. Upon request by DoMo, and mutual agreement by the City, the City may tender the remaining three (3) installments in a condensed time period if RAD activity warrants such payments sooner.

7.2.b
Packet Pg. 103 Attachment: RAD Card Agreement (RAD Card)

EXHIBIT B
RAD Cardtm Community Match Funding Disbursement Schedule City will provide a disbursement of Five Hundred Thousand $5000,000 ("Disbursement")] to DoMo within five (5) business days of full execution of this Agreement.

7.2.b
Packet Pg. 104 Attachment: RAD Card Agreement (RAD Card)

EXHIBIT C
Insurance Requirements for Cyber Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

Contractor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: If the Contractor or the Contractor's officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under the Agreement Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, Two Million Dollar ($2,000,000) aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not b.e limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of-privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Application of Excess Liability Coverage: Contractors may use a combination of primary, and excess insurance policies which provide coverage as broad as ("follow form" over) the underlying primary policies, to satisfy the Required Insurance provisions.

7.2.b
Packet Pg. 105 Attachment: RAD Card Agreement (RAD Card) Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL and Auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability and auto liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 1O 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

Reporting
Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or its officers, officials, employees, agents or volunteers.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Notification of insurance cancellation to the City will be contractors' responsibility.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with California admitted insurers (licensed to do business in California) with a current A.M. Best's rating of no less than A-VII, however, if no California admitted insurance company provides the required insurance, it isacceptable to provide the required insurance through a UnitedStates domiciled carrier that meets the requiredBest's ratingand that is listed onthe current List of Approved Surplus line Insurers (LASL1) -maintained by the California Departrr1ent of Insurance.

7.2.b
Packet Pg. 106 Attachment: RAD Card Agreement (RAD Card) Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Contractor shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, e111ployees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance.

7.2.b
Packet Pg. 107 Attachment: RAD Card Agreement (RAD Card) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Jeff Gregory, Fire Chief
MEETING DATE: November 15, 2022
ITEM NO: 7.3
SUBJECT: Approve First Reading and Introduction of Ordinance No. 863 Reading by Title Only, Waiving Further Readings, an Ordinance of the City Council of the City of Patterson, adopting the 2022 edition of the California fire code, providing for the modifications thereof, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Patterson; providing for the issuance of permits and collection of fees therefore; repealing ordinance no. 863 of the city of Patterson municipal code and all other ordinances and parts of the ordinances in conflict therewith.

RECOMMENDATION
Motion to Approve First Reading and Introduction of Ordinance No. 863 Reading by Title Only, Waiving Further Readings, an Ordinance of the City Council of the City of Patterson, adopting the 2022 edition of the California fire code, providing for the modifications thereof, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Patterson; providing for the issuance of permits and collection of fees therefore; repealing ordinance no. 863 of the city of Patterson municipal code and all other ordinances and parts of the ordinances in conflict therewith.

BACKGROUND
The model codes are updated every three years. This allows for the codes to improve and adjust

7.3 Packet Pg. 108
to the newest materials, methods of construction and technological advances in the industry.

Though other areas of the model codes also address fire life safety standards, Part 9 also known as the California Fire Code is specific to certain fire life safety features.

ANALYSIS
The California Building Standards Commission adoption of the 2022 California Fire Code comes after a comprehensive multi-state agency and stakeholder update of the 2019 California Fire Code. 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 resources and energy use. California Fire Code is applied to virtually every commercial and residential structure in the state.

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 City of Patterson has local conditions that require adopting, amending, and deleting sections of the California Fire Code. Therefore, the Patterson Municipal Code must be amended to reference these changes. City staff has reviewed the 2022 California Fire Code to make necessary revisions to the Patterson Municipal Code Section 15.20 and adopting them. Said revisions include:
· Keeping current local amendments and updating them to match referenced 2022 California Fire Code sections.
· Updating current local amendment of Sales, Storage, Use and Handling of Fireworks to match and or reference certain sections of Patterson Municipal Code § 6.28 which were developed in 2021 under Ordinance 851. The local fire code amendment includes fire life safety features that apply to fireworks stand operations (fireworks stand requirements, fire extinguishers, distances for open flame and spark producing equipment) and provision for the revocation of sales permit for violations of regulations which are not included in Patterson Municipal Code § 6.28.

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. It is the recommendation of staff that the Patterson City Council introduce by title and waive the reading of said ordinance.

FISCAL IMPACT
There is no fiscal impact to the City of Patterson.

7.3 Packet Pg. 109
1 ORDINANCE NO. 863
AN ORDINANCE OF THE CITY OF PATTERSON ADOPTING THE 2022 EDITION

OF THE CALIFORNIA FIRE CODE, PROVIDING FOR THE MODIFICATIONS

THEROF, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND

PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE

STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS

AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY

IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF PATTERSON; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; REPEALING ORDINANCE NO. 863 OF THE CITY OF

PATTERSON MUNICIPAL CODE AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH.

FINDINGS AND ADOPTION OF THE 2022 CALIFORNIA FIRE CODE
Findings and Adoption of the 2022 California Fire Code
The City of Patterson does ordain as follows:

1. The City Council of the City of Patterson hereby finds and determines: That the International Code Council is a private organization, which has been in existence for at least three (3) years. That the California Fire Code, 2022 Edition, and the California Fire Code Standards, published by said organization, are nationally recognized compilation of proposed rules, regulations, and standards of said organization.

2. That said 2022 California Fire Code and Fire Code Standards have been printed and published as a code in book form within the meaning of Section 50022.2 et seq., of the Government Code.

3. That one (1) copy of the 2022 California Fire Code and, certified by the Clerk to be true copies, have been filed for use and examination by the public in the office of the Fire Code Official.

4. That the sections of said 2022 California Fire Code and California Fire Code Standards may be referred to by the number used in said published compilation, preceded by the words “California Fire Code Section,” or “Fire Code Section,” and may also be referred to by additional reference to Municipal Code and sections therein pertaining to said 2022 California Fire Code and Fire Code Standards.

5. That the additional requirements and standards established herein are needed to properly protect the health, safety, and welfare of the existing and future residents and workers of the City of Patterson.

7.3.a
Packet Pg. 110 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 2 6. Said requirements and standards are reasonably necessary because of local climatic, geological, and topographical conditions, and comply with existing state laws and regulations.

7. Amendment of the 2022 California Fire Code is necessary so as to provide more stringent standards for fire extinguishing systems, fire hazard and hazardous materials controls is necessary to serve the public interest by reducing the risk to life and property of the citizens of the City of Patterson because of the following local conditions:
a. Summer weather conditions are very dry, hot and windy causing ordinary combustibles to be easily ignited and fires to be fast spreading; b. Very dense fog conditions occur in winter. Reduced visibility causes delays in fire response.
c. Fire response is delayed by railroad crossings and or tracks. d. The Patterson Fire Department also relies on volunteer firefighters who must respond to the scene of emergencies.

THEREFORE, for the above reasons taken individually and cumulatively and in accordance with the authority granted in Sections 17958.5 and 17958.7 of the California Health and Safety Code, the City Council of the City of Patterson expressly finds there are local climatic and topographical conditions that make the increased fire protection requirements set forth in this article reasonably necessary.

The City Council of the City of Patterson does ordain as follows:

SECTION 1.

15.20.010 Adoption.

A certain document, one (1) copy of which is on file in the office of the City of Patterson Fire Department, being marked and designated as the California Fire Code, 2022 edition, including Appendix Chapter 4, Appendices B,BB,C,CC,D, E, F, G, I, K and Division II Administration as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Patterson, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of Patterson Fire Department are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertion, deletions and changes, if any, prescribed in Section 2 of this ordinance.

7.3.a
Packet Pg. 111 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 3 SECTION 2.

15.20.020 Amendments.

That the following sections of the 2022 California Fire Code are hereby revised:

A. Title. Section 101.1 of the 2022 California Fire Code is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Patterson, hereinafter referred to as “this code”.

B. Creation of agency. Section 103.1 of the 2022 California Fire Code is hereby amended to read as follows:
103.1 Creation of agency. The City of Patterson Fire Department is hereby created and the official in charge thereof shall be known as the Fire Code Official.

The function of agency shall be the implementation. Administration and enforcement of the provisions of this code.

C. Permit Required for Certain Operations. Section 105.5.17 of the 2022 California Fire Code is hereby deleted.

D. LP-gas. Section 105.5.29 of the 2022 California Fire Code is hereby amended to read as follows:

Exception:

1. Containers not exceeding five (5) gallon water capacity, used for “barbecue” cooking, when used and stored outside of buildings.

2. Approved containers not exceeding sixteen and four-tenths (16.4) ounces when displayed for sale in mercantile occupancies.

3. Factory installed containers for recreational vehicles not exceeding ten (10) gallon water capacity.

4. Factory installed tanks that are permanently attached to recreational vehicles.

Distributors shall not fill an LP-gas container for which a permit is required unless the Fire Code Official has issued a permit for installation for that location.

E. Emergency incident pre-plan. Section 106.5 of the 2022 California Fire Code is hereby added to read as follows:

7.3.a
Packet Pg. 112 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 4 106.5 Emergency incident pre-plan. An 8 ½” x 11” document and an electronically submitted “detail” page for emergency responder data files shall be submitted to and approved by fire department before final inspection. Detail page shall include site plan showing:
a. Property, site layout
b. Roads, fire access lanes, and building access points including roof access c. Premises identification (address, building identification, suites, room numbers, etc.)
d. Hydrants and Fire Department Connections (FDC) locations e. Knox product locations
f. Fire Alarm Control Panel (FACP) locations
g. Fire riser locations
h. Hose valve locations
i. Main electrical and main gas disconnect locations
j. Hazardous materials storage
F. Fees. Section 107.7 of the 2022 California Fire Code is hereby added as follows:
107.7 Permit and Plan Check Fees

1. Permit Fee. The fee for any permit issued pursuant to the Fire Code will be that of which has been adopted from time to time by resolution by the City council of the City of Patterson.

2. Plan Check Fee. When a plan is required to be submitted the planchecking fee shall be paid at the time of submitting plans and specifications for checking. Where plans are incomplete or changed so as to require an additional plan check, an additional plan-check fee shall be charged at a rate which has been adopted from time to time by resolution by the City council of the City of Patterson.

G. Means of Appeals. Section 111.1 of the 2022 California Fire Code is hereby amended to read as follows:

7.3.a
Packet Pg. 113 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 5 111.1 Appeals. Applicant may appeal the decision of the Fire Chief to the City Council within thirty (30) days from the date of the decision being appealed whenever the Fire Chief:

1. Disapproves an application for use of alternate materials, methods and/or types of construction,

2. Disapproves an application for permit or refuses to grant a permit applied for,

3. When it is claimed that the provisions of the code do not apply, or

4. That the true intent and meaning of the code have been misconstrued or wrongly interpreted.

H. Compliance with orders and notices. Section 112.3.2 of the 2022 California Fire Code is hereby amended to read as follows:
112.3.2 It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the City Attorney of the City of Patterson, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this chapter, 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 180 days 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.

I. Violation Penalties. Section 112.4 of the 2022 California Fire Code is hereby amended to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a

7.3.a
Packet Pg. 114 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 6 fine of not more than $1,000 dollars or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

J. Administrative Penalties. Section 112.5 of the 2022 California Fire Code is hereby added as follows:
112.5 Administrative penalties. In addition to any other remedies set forth in this chapter, administrative penalties may be imposed against any person, as defined in Section 202 of this Code, for violating any of the requirements set forth in this code or who are in violation of section 12676 or 12677 of the California Health and Safety Code. Any administrative penalties assessed shall be as follows:

1. For violations of this Code or section 12676 or 12677 of the California Health and Safety Code, Possession, Sale, Use or Discharge of Dangerous Fireworks, the administrative penalty which has been adopted from time to time by resolution by the City council of the City of Patterson or as set by Patterson Municipal Code.

2. For all violations of this code, other than subsection (a) Possession, Sale, Use or Discharge of Dangerous Fireworks, the amount which has been adopted from time to time by resolution by the City council of the City of Patterson or as set by Patterson Municipal Code.

K. Vegetation. Section 304.1.2 of the 2022 California Fire Code is hereby amended by adding the following:
304.1.2 Vegetation. The Fire Department may recover, from a property owner, those costs associated with the suppression costs incurred in fighting a fire and for providing rescue or emergency medical services should a fire occur on said property after the owner has been notified to abate such combustible waste material and has failed to do so.

L. Open Burning, Recreational Fires and Portable Outdoor Fireplaces. Section 307.1 of the 2022 California Fire Code is hereby amended to read as follows:
307.1 Open burning. No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled, conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Pollution Control District and in compliance with all safeguards pursuant thereto including in accordance with Sections 307.1.1 through 307.5. Any such permitted burning shall be restricted to agricultural purposes and confined to areas of the City of Patterson in which agricultural uses are lawful.

7.3.a
Packet Pg. 115 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 7 M. Posts. Section 312.2 of the 2022 California Fire Code is hereby amended to read as follows:
312.2 Posts. Guard posts, bollards or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:

1. Constructed of steel not less than six (6) inches in diameter and concrete filled,

2. Spaced not more than thirty-six (36) inches between posts on center,

3. Set not less than thirty-six (36) inch deep in a concrete footing of not less than eighteen (18) inch diameter,

4. Set with the top of the posts not less than thirty-six (36) inches above ground, and

5. Located not less than five (5) feet from the protected object(s).

N. Emergency Preparedness Requirements. Section 403.10.7 of the 2022 California Fire Code is hereby added to read as follows:
403.10.7 Buildings over 100,000 square feet. An approved fire safety and evacuation plan in accordance with Section 404 and 406 shall be prepared and maintained for buildings over one hundred thousand (100,000) square feet in aggregate floor area.

O. Access to Building Openings and Roofs. Section 504.5 of the 2022 California Fire Code is hereby added to read as follows:
504.5 Labeling of building access openings. To facilitate emergency response and or as required by the Fire Code Official, exterior doors leading to fire service features or rooms shall be labeled as ‘ROOF ACCESS’, ‘ELECTRICAL ROOM’, FIRE PUMP ROOM’, ‘FIRE ALARM CONTROL PANEL’, ‘FACP’ ‘FIRE RISER’ or similar approved wording. Letters shall be a minimum of four (4) inch tall with a minimum stroke width of half (1/2) inch.

P. Premises Identification. Section 505.1 of the 2022 California Fire Code is hereby amended to read as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or other approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with the background and be

7.3.a
Packet Pg. 116 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 8 illuminated either internally or externally between dusk and dawn daily. Where required by the Fire Code Official, address numbers shall be provided in additional locations to facilitate emergency response. Commercial address numbers shall be a minimum of six (6) inch tall Arabic numerals with a minimum stroke width of three quarter (3/4) inch. Larger numbers, suite and rear door identification, etc. may be required by Fire Code Official to facilitate emergency response. Where access is by means of a private road or building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Residential address numbers shall be a minimum of four (4) inch tall with a minimum stroke width of half (1/2) inch. Address numbers shall be maintained.

Q. Key Boxes. Section 506.1 of the 2022 California Fire Code is hereby amended to read as follows:
506.1 Where required. All commercial projects (new, remodel, change of occupancy, addition or new business license inspection) shall install a Knox Key Box if one is not already installed. A Knox Key Box capable of containing Safety Data Sheets (SDS) and hazardous materials plans may be required for commercial sites with significant amounts of hazardous materials.

R. Key Box Installation. Section 506.1.3 of the 2022 California Fire Code is hereby added to read as follows:
506.1.3 Key box installation. Key boxes shall be installed and secured in accordance with manufactures specifications and mounted to the right of the main entrance door with the top of box no higher than six (6) feet above finished grade or in an approved location by the Fire Code Official. Additional key boxes may be required for large facilities.

S. Security Gates. Section 506.1.4 of the 2022 California Fire Code is hereby added to read as follows:
506.1.4 Security gates. When manually operated gates cross required fire access lanes, or prevent access to building premises, a Knox padlock or Knox Key Box shall be installed at access gates. Motorized operated gates shall be required to be equipped with a Knox Key Switch used by the Patterson Fire Department. A dual keyed switch to accommodate law enforcement may be required. An Opticom type strobe light detection system may also be used for such applications.

T. Fire Protection Water Supplies. Section 507.3.1 of the 2022 California Fire Code is hereby added to read as follows:
507.3.1 Water supply for pallet yards. Fire protection water supply for pallets shall be in accordance with Section 2809.5.

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Packet Pg. 117 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 9 U. Fire Protection Water Supplies. Section 507.5.1 of the 2022 California Fire Code is hereby amended to read as follows:
507.5.1 Where required. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. When any portion of the facility or building protected is in excess of one hundred fifty (150) feet from a water supply on a public street, as measured by an approved route around the exterior of the faculty or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided when required by the Fire Code Official. Fire hydrants shall be located on the supply side of the fire suppression system check valve.

Fire hydrants shall be accessible to the Fire Department apparatus by roads meeting the requirements of Section 503 and Appendix D
Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 500 feet.

V. Private Fire Service Mains and Water Tanks. Section 507.5.3 of the 2022 California Fire Code is hereby amended by adding:

Private fire service mains and water tanks shall also comply with the current edition of National Fire Protection Association Standard 25, California Edition.

W. Private hydrants supported by fire pumps. Section 507.5.7 of the 2022 California Fire Code is hereby added to read as follows:
507.5.7 Private fire hydrants supported by fire pumps. Fire hydrants installed on a private fire main supported by a fire pump shall have signage or stenciling stating ‘CONNECTED TO FIRE PUMP’ or similar approved wording. Letters shall be a minimum of four (4) inch tall with a minimum stroke width of half (1/2) inch.

X. Private water agreements. Section 507.5.8 of the 2022 California Fire Code is hereby added to read as follows:
507.5.8 Private water agreements. Private water agreements shall be required when a private fire protection water supply is required by this code. The agreement shall be entered into by the property owner and the City of Patterson.

Y. Main Disconnects. Section 603.4.2 of the 2022 California Fire Code is hereby added to read as follows:

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Packet Pg. 118 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 10 603.4.2 Main disconnects. The main electrical service to any commercial building shall be accessible for emergency shut off from the outside of the building. This may be accomplished by providing one (1) main disconnect, a Knox disconnect or shunt trip device. If, out of necessity, there is more than one main service disconnect, these disconnects shall be located in close proximity to each other as approved by the Fire Code Official.

If a generator system activates automatically when a shunt trip or main disconnect shuts down, a control to stop the generator must be located with the main disconnect or shunt trip. Shunt trips, main disconnects and generator controls shall be identified by signs approved by the Fire Code Official.

Exception:

1. Electrical control room with a marked door that is directly accessible from the outside of the building.

Z. Portable unvented heaters. Section 605.5 of the 2022 California Fire Code is hereby amended to read:
605.5 Portable unvented heaters. Portable listed unvented fuel-fired heating equipment shall be prohibited in all occupancies except S-2 and U occupancies.

AA. Automatic Sprinkler Systems in New Construction. Section 903.2 of the 2022 California Fire Code is hereby amended to read as follows:
903.2 New construction. An approved automatic fire sprinkler system is required in all new buildings and structures, notwithstanding the use and occupancy thereof, when the total aggregate floor area exceeds five thousand (5,000) square feet.

The means of measuring square footage used to determine if automatic fire sprinklers are required shall be as follows: The total aggregate floor area shall be determined by measuring and totaling the area within the outside walls of the structure for each floor, or mezzanine and basement; the area beneath all attached projections from the outside walls that are four (4) feet or larger. If the structure has no outside walls, the area shall be measured from the edge of the eaves projection. If structures are within six (6) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or covered walkway, the measured floor area of each shall be aggregated. Area separation walls shall not be used for the purpose of eliminating automatic fire sprinkler systems.

Exception:

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Packet Pg. 119 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 11 1. If the provisions of the 2022 California Fire Code sections 903.2.1 through 903.2.18 are more restrictive, then the more restrictive requirement shall apply.

BB. Automatic Sprinkler Systems in Existing Buildings. Section 903.2.22 of the 2022 California Fire Code is hereby added to read as follows:
903.2.22 Existing buildings. An approved automatic fire sprinkler system shall be installed in all existing buildings and structures when additions or alterations are made that cause said building or structure to exceed five thousand (5,000) square feet.

Exception:

1. Each portion of an existing building or structures is separated by one or more fire walls that limit each fire area to a maximum of five thousand (5,000) square feet.

CC. Automatic Sprinkler Systems in Isolated Buildings. Section 903.2.23 of the 2022 California Fire Code is hereby added to read as follows:
903.2.22 Isolated buildings. For isolated buildings or groups of buildings in rural areas where no water is available from a municipal water system, a fire sprinkler system meeting all of the following criteria shall be considered as an alternative to systems that are in full compliance with the applicable National Fire Protection Association (NFPA) Standard.

1. Sprinklers will be designed and installed per the applicable NFPA Standards.

2. The required sprinkler demand (not including hose stream allowance) shall be provided by a hydro pneumatic tank for a minimum duration of fifteen (15) minutes. The tank may be pressurized by the domestic well pump and may serve both the fire supply and domestic supply for the building. The tank must have a capacity equal to or greater than the calculated sprinkler demand. Calculations shall be provided to determine the actual size of tank required for each project.

3. A separate storage tank or other water source acceptable to the Fire Code Official shall be provided to accommodate sprinkler and hose demand for an additional thirty (30) minutes beyond the storage required in 2 above.

DD. Hose Threads. Section 903.3.6 of the 2022 California Fire Code shall be amended to read as follows:

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Packet Pg. 120 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 12 903.3.6 Hose threads. Fire hose threads and fittings used in connection with automatic sprinkler systems shall be “National Hose” (NH).

EE. Standpipe Systems. Section 905.3.1 of the 2022 California Fire Code is hereby amended to read as follows:
905.3.1 Height. Occupancies three (3) or more stories in height shall be provided with a class one standpipe system approved by the Fire Code Official (Except R Division 3).

Occupancies less than three (3) stories in height but greater than twenty thousand (20,000) square feet per floor shall be required to install a class one standpipe system approved by the Fire Code Official.

Garden type apartment complexes may be required to install type one standpipe systems approved by the Fire Code Official.

FF. Fire Alarm System Certification. Section 907.1.6 of the 2022 California Fire Code is hereby added to read as follows:
907.1.6 Certification. A certificate from Underwriters Laboratories (UL) shall be required on all commercial fire alarm systems installed after the effective date of this ordinance. UL certification is required to be maintained for commercial fire alarm systems throughout the life of the alarmed building.

GG. False Alarms Section 907.1.7 of the 2022 California Fire Code is hereby added to read as follows:
907.1.7 False alarms. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted. Reasonable fees to recover the costs associated with responses to building or structures that have excessive false alarms may collected in the amount as set by resolution from time to time by the City council of the City of Patterson or as set by Patterson Municipal Code.

HH. Fire Alarm Systems in Group S Occupancies. Section 907.2.30 of the 2022 California Fire Code is hereby added to read as follows:
907.2.30 Group S Occupancies. In group S occupancies larger than one hundred twenty-five thousand (125,000) square feet, an automatic and manual fire alarm system shall be installed.

II. Fire Department Connections. Section 912.2.1 of the 2022 California Fire Code shall be amended to add:

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Packet Pg. 121 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 13 Fire department connections (FDC’s) shall be within seventy-five (75) feet of a fire hydrant.

JJ. Locking Fire Department Connection Caps. Section 912.4.1 of the 2022 California Fire Code shall be amended to read as follows:
912.4.1 Locking fire department connection caps. Knox locking caps for fire department connections (FDC’s) shall be required on all new construction. The Fire Code Official is authorized to require Knox locking caps on existing fire department connections for water-based systems as deemed necessary.

KK. Clearance to Property Line. Section 2810.6 of the 2022 California Fire Code is hereby amended to read as follows:
2810.6 Clearances.

1. Open yards required by the California Building Code shall be maintained around structures.

2. Stacks of pallets shall not be located within ten (10) feet of a property line and be surrounded with an approved fence.

3. Stacks of pallets shall be a minimum of twenty-five (25) feet from a structure.

4. Pallets shall not obstruct fire apparatus access roads or access to water supplies including but not limited to fire hydrants.

LL. Clearance to Important Buildings. Section 2810.7 of the 2022 California Fire Code is hereby amended to read as follows:
2810.7 Footprint of Pallet Stacks.

1. The maximum dimensions of a pile shall not exceed twenty (20) feet by seventy (70) feet.

2. There shall be ten (10) feet of aisle ways between piles.

3. Piles shall be placed in grids not to exceed one hundred forty (140) feet by one hundred fifty (150) feet.

4. Each grid shall be separated by an approved fire apparatus access road.

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Packet Pg. 122 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 14 MM. Alternative Approach. Section 2810.12 of the 2022 California Fire Code is hereby added to read as follows:
2810.12 Additional Requirements.

1. Permanent pallet storage areas shall be surrounded with an approved fence. Fences shall be a minimum of six (6) feet in height.

2. Adequate water supply as required by the Fire Department shall be provided for fire suppression needs.

NN. Responsibility for Cleanup. Section 5003.3.1.4 of the 2022 California Fire Code is hereby amended to read as follows:
5003.3.1.4 Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire Code Official, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge.

The remedy provided by this section shall be in addition to any other remedies provided by law. For purposes of this section, costs incurred by the City of Patterson shall include, but shall not necessarily be limited to, the following:
actual labor costs of City of Patterson personnel, including worker’s compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City of Patterson; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.

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Packet Pg. 123 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 15 OO. Fireworks. Section 5601.1.3 of the 2022 California Fire Code is amended to read as follows:
5601.1.3 Fireworks. Manufacture, assembly and testing of fireworks is prohibited within the City limits.

PP. Sales, Storage, Use and Handling of Fireworks. Section 5601.1.3.1 of the 2022 California Fire Code is hereby is hereby added to read as follows 5601.1.3.1 Sales, storage, use and handling of fireworks. Sales, storage, use and handling of fireworks shall be in accordance with this chapter.

1. Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled “Safe and Sane” fireworks within the City of Patterson by State of California retailers, provided a permit to sell those fireworks has been approved and obtained from the Fire Code Official or designee as set per Patterson Municipal Code § 6.28. The sale of fireworks may begin no earlier than twelve (12:00) noon on June 28th and may be sold daily thereafter from nine (9:00) a.m. to nine (9:00) p.m., and shall cease by nine (9:00) p.m. on July 4th.
a. Temporary Fireworks Stands. All retail sales of “Safe and Sane” fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited.
b. Licensing and permits. City business license, Fire Department Permit, and applicable State licenses shall be displayed in the fireworks stand during hours of operation.
c. Temporary fireworks stand shall not be set up earlier than June 26th and shall be removed, along with any related litter, no later than twelve (12:00) noon on July 12th.
d. Fireworks stands shall be located at least twenty (20) feet from other structures.
e. Fireworks shall not be stored, sold, offered for sale, or discharged within one hundred (100) feet of a location where gasoline, LPgas, other Class I flammable liquids or flammable gasses are stored or dispensed.
f. All unsold stock and litter shall be removed from the temporary location no later than twelve (12:00) noon on July 5th.

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Packet Pg. 124 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 16 g. The fireworks stand shall be removed from the temporary location by twelve (12:00) noon on July 12th.
h. A penalty of one hundred dollars ($100.00) per day will be assessed to the permittee of any fireworks stand not removed by twelve (12:00) noon on July 12th.
i. Safety Precautions.

1. No person under the age of eighteen (18) shall sell, or handle for sale, any classification of fireworks.

2. No person under the age of sixteen (16) shall purchase or be allowed to purchase any classification of fireworks.

3. Smoking, open-flame and spark producing equipment shall be prohibited for a distance of twenty (20) feet around any fireworks stand.

4. Dry grass, weeds, trash and other combustible material shall be removed for a distance of twenty (20) feet around any fireworks stand.

5. Fireworks shall not be discharged within fifty (50) feet of a fireworks stand.
j. Stand Construction.

1. The stand shall be provided with a roof.

2. Walls and roof shall be of plywood at least one quarter (1/4) inch thick or of approved non-combustible material.

3. Walls shall extend to a minimum height of six (6) feet eight (8) inches, on at least three (3) sides. These three (3) sides shall be without openings, except for an exit door.

4. An exit door with a minimum width of twenty-four (24) inches, and height of six (6) feet, shall be provided in each stand. Exits shall be maintained clear and unobstructed at all times.

5. The front wall of the stand shall provide a physical barrier not less than eighteen (18) inches in height between the public and the merchandise on display.

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Packet Pg. 125 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 17 6. Approved “NO SMOKING” signs shall be prominently
displayed in and on the stand.

7. Approved “NO SALES TO PERSONS UNDER THE AGE
OF 16” signs shall be prominently displayed.

8. An approved fire extinguisher having a minimum UL
classification of 2A10BC shall be located in stand, near the exit and readily accessible.

9. Sellers shall comply with all rules and regulations of Title 19 of the California Code of Regulations and with the rules and regulations of the Fire Code Official.

2. Storage. The storage of fireworks within the City of Patterson is limited to State of California Fire Marshal approved and labeled “Safe and Sane” fireworks by State of California licensed wholesalers and retailers. a. Wholesale Storage. Wholesalers may store “Safe and Sane” fireworks within the City of Patterson solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with H-3 occupancy classification requirements as defined by the 2022 California Building Code.
b. Retailers Storage. Retailers may store “Safe and Sane” fireworks within the City of Patterson solely during the period of June 22nd, through July 15th of each year.

1. Within the permitted fireworks stand with a responsible adult on the premises at all times.

2. In a completely enclosed and locked utility type building constructed of at least one-quarter (1/4) inch plywood or other approved noncombustible material.

3. In a completely detached garage on residential property with a minimum of ten (10) foot clearance to other structures or property lines. There shall be no open-flame or spark
producing equipment, or Class I flammable liquids stored or used within the garage.

4. Fireworks shall not be stored within forty (100) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any

7.3.a
Packet Pg. 126 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 18 place of public assembly that can accommodate fifty (50) or more persons.

QQ. Revocation of Permit and Seizure of Fireworks. Section 5601.1.3.1.2 of the 2022 California Fire Code is hereby added to read as follows:
5601.1.3.1.2 Revocation of permit and seizure of fireworks. The Fire Code Official or designee may revoke immediately and without notice or hearing, the “Safe and Sane” fireworks sales permit of any location or organization when any of the provisions of this code or Patterson Municipal Code § 6.28 are violated.

The Fire Code Official or designee shall inform the permittee that permittee may seek review of the decision, by the City Manager with written notice that a fireworks sales permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The decision of the City Manager shall be final. Revocation of any sales permit will be effective for that calendar year.

RR. Permits Required. Section 5601.2 of the 2022 California Fire Code is hereby amended by adding the following:

When permits are required to be issued by the Fire Code Official, the Fire Code Official may grant the authority to the agency having enforcement jurisdiction.

Permit shall be obtained:

1. To possess, store, sell, display or otherwise dispose of explosive material at any location.

2. To transport, explosive materials,

3. To use explosive materials.

4. To operate a terminal for handling explosive materials.

SS. Explosive Materials Storage and Handling Section 5604.1.2 of the 2022 California Fire Code is hereby added to read as follows:
5604.1.2 Limits established by law. The storage of explosives is restricted to those areas of the City zoned as Heavy Industrial.

Exception:

1. Temporary storage for use in connection with approved blasting operations conducted in accordance with all applicable provisions of this article.

7.3.a
Packet Pg. 127 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 19 2. Wholesale and retail storage and display of ammunition and gunpowder shall be in accordance with this code.

TT. Manufacture, Assembly and Testing of Explosives, Explosive Material and Fireworks Section 5605.1 of the 2022 California Fire Code is hereby amended to read as follows.
5605.1 Manufacturing. Explosive materials shall not be manufactured within the City limits of Patterson.

UU. Restricted Locations of Flammable and Combustible Liquids in Tanks. Section 5704.2.9.6.1 of the 2022 California Fire Code is hereby amended to read as follows:
5704.2.9.6.1 Restricted locations of flammable and combustible liquids in tanks Storage of Class I and II Liquids in aboveground tanks outside of buildings is prohibited, with the exception of protected tanks designed, installed and maintained in accordance with the 2022 California Fire Code. The provisions of this section shall not apply to facilities for the production, generation, or transmission of electric energy that provide power to entities furnishing retail electrical services to the general public within the City of Patterson.

VV. Maintenance of Protected Aboveground Tanks. Section 5704.2.9.8 of the 2022 California Fire Code is hereby added to read as follows:
5704.2.9.8 Maintenance of protected aboveground tanks. Protected aboveground tanks and connected piping shall be maintained in a safe operating condition. Protected aboveground tanks shall be maintained in accordance with their listings. Damage to protected aboveground tanks shall be repaired using material having equal or greater strength and fire resistance or the protected aboveground tank shall be replaced or taken out of service.

WW. Manufacture of Biodiesel in Group R Occupancies. Section 5704.3.4.2 number 7 of the 2022 California Fire Code is hereby amended by adding subsection 7.1.

7.1 Manufacture of biodiesel in Group R Occupancies: The manufacture and storage of biodiesel is prohibited in Residential Occupancies and in U Occupancies associated with Residential Occupancies.

XX. Manufacture of Ethanol in Group R Occupancies. Section 5704.3.4.2 number 7 of the 2022 California Fire Code is hereby amended by adding subsection 7.2.

7.2 Manufacture of ethanol in Group R Occupancies: The manufacture and storage of ethanol is prohibited in Residential Occupancies and in U Occupancies associated with Residential Occupancies.

7.3.a
Packet Pg. 128 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 20 YY. Heating, Lighting and Cooking Appliances. Section 5705.3.3 of the 2022 California Fire Code is hereby amended to read as follows:
5705.3.3 Heating, lighting and cooking appliances. Heating, lighting and cooking appliances that utilize Class I, II and III liquids shall not be operated within a building or structure.

Exception: Operation in single-family dwellings.

ZZ. Bulk Plants or Terminals. Section 5706.4 of the 2022 California Fire Code is hereby amended to by adding the following:

The construction of new bulk plants for storage of flammable or combustible liquids is restricted to areas of the City of Patterson zoned Heavy Industrial. All existing nonconforming bulk plants for storage of flammable or combustible liquids, which substantially comply with the requirements of this Code, may be continued in use if the Fire Code Official grants a permit.

AAA. Bulk Transfer and Process Transfer Operations Section 5706.5.1.1 of the 2022 California Fire Code is hereby amended by adding the following:

Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than twenty-four (24) hours while connected for transfer operations.

BBB. Location of LP-Gas Containers. Section 6104.2 of the 2022 California Fire Code is amended to read as follows:
6104.2 Maximum capacity within established limits. The outside storage of liquefied petroleum gas (LP-gas) shall conform to the provisions of the City of Patterson zoning ordinances. The outside storage and use of liquefied petroleum gases is restricted as specified in this section.

1. Storage and dispensing of LP-gas for resale purposes, into approved containers and vehicles, is restricted to those areas of the City of Patterson zoned as Commercial-Light Industrial, Heavy Industrial, and, in addition thereto, to other commercially zoned properties used as automotive service stations. Only qualified persons shall perform dispensing.

2. Dispensing of LP-gas for private use is restricted to those zones identified in subsection 1, and when approved by the Fire Code Official, may be permitted in those areas of the City of Patterson zoned General Commercial. Only qualified persons shall perform dispensing.

7.3.a
Packet Pg. 129 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 21 3. For cooking, lighting, or heating in a building, only on a property that does not have natural gas service existing on a boundary line of said property or when prohibition of such storage would cause undue hardship.

4. For temporary use on construction sites, when authorized by the Fire Code Official.

5. For use as an alternative fuel supply for an emergency standby generator, when authorized by the Fire Code Official.

6. For use with certain mobile vending and certain commercial barbecue equipment and other specific uses when authorized by the Fire Code Official.

7. For use by Artisans in pursuit of their trade, when authorized by the Fire Code Official.

8. Storage of portable containers awaiting exchange may be permitted in commercially zoned areas of the City of Patterson when approved by the Fire Code Official and stored in accordance with Section 6109.

9. Containers that exceed 2,000 gallons shall comply with Stanislaus County Fire Wardens Office; Fire Prevention Bureau procedures
SECTION 3.

15.20.030 Geographic Limits.

That the geographic limits referred to in certain sections of the 2022 California Fire Code are hereby established as follows:

A. Section 5704.2.9.6.1. All R-1, R-2, and R-3 zoning designations as identified by the Title 18 of the City of Patterson Municipal Code.

B. Section 5706.2.4.4. All R-1, R-2, and R-3 zoning designations as identified by Title 18 of the City of Patterson Municipal Code.

C. Section 5806.2 to read as follows:

Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited. All R-1, R-2, and R-3 zoning designations as identified by Title 18 of the City of Patterson Municipal Code.

D. Section 6104.2. The incorporated boundary within the City of Patterson.

7.3.a
Packet Pg. 130 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 22 SECTION 4.

That Ordinance No. of the City of Patterson entitled ORDINANCE FOR ADOPTION OF THE 2022 CALIFORNIA FIRE CODE AND PROVIDING FOR THE MODIFICATION THEREOF and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 5.

That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional and such decision shall not affect the validity of the remaining portions of this ordinance. The Patterson City Council hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrase. Thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

SECTION 6.

That nothing in this legislation or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this law: nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.

SECTION 7.

That the City of Patterson is hereby ordered and directed to cause notification of this proposed ordinance.

SECTION 8.

That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect January 1, 2023 from and after the date of its final passage and adoption.

SECTION 9.

The City Council of the City of Patterson finds its adoption of the 2022 Edition of the California Fire Code as set forth in this ordinance to be exempt from review under provisions of the California Environmental Quality Act (Public Resources Code section 21000 et seq., “CEQA”) consistent with, among other things, the provisions of CEQA guidelines section 15321 (Class 21) which exempts review of the adoption of a general rule of enforcement under CEQA.

This ordinance shall be published by one insertion in the PATTERSON IRRIGATOR, a newspaper of general circulation printed and published in the City of Patterson, within fifteen (15) days after its final passage and shall take effect and be in force thirty (30) days from and after its final passage.

7.3.a
Packet Pg. 131 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) 23 PASSED AND ADOPTED by the City Council of the City of Patterson at a meeting of said City Council held on the 15th day of November 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

7.3.a
Packet Pg. 132 Attachment: Ordinance No. 863 2022 CA Fire Code Adoption (CA Fire Code Ordinance No. 863) City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Ken Irwin, City Manager
MEETING DATE: November 15, 2022
ITEM NO: 7.4
SUBJECT: Resolution No. 2022-80 to Approve and Authorize Execution of a Purchase and Sale Agreement for the Property Located at 33 South Del Puerto Avenue, for a Permanent Location for the Patterson Public Safety Center.

RECOMMENDATION
Adopt Resolution No. 2022-80 to approve and authorize execution of a Purchase and Sale Agreement for the property located at 33 South Del Puerto Avenue, for a permanent location for the Patterson Public Safety Center.

BACKGROUND
This item relates to the acquisition of a permanent location for the Patterson Police Department, as well as other public safety services.

The City contracts with the Stanislaus County Sheriff’s Department who provides law enforcement services for the City. The current location of the Patterson Police Department is 33 South Del Puerto Avenue, just south of City Hall (the “Property”). The City currently leases the Property pursuant to a lease agreement with the property owner.

The City seeks to turn the Property into a new Public Safety Center to provide more space and resources for the Police Department, accommodate Fire Department admin. Personnel, and also create more space for City Hall. This will involve demolishing the Property and new construction to expand the footprint of the Property. Given the plans for the Property, the City must acquire and own the Property.

7.4 Packet Pg. 133
The City previously determined that it would be in the City’s best interest to acquire the Property, so the City can complete the design and construction of the new Public Safety Center.

The City also communicated to the Property Owner that it would commence condemnation proceedings to acquire the Property if the parties could not agree to terms. To avoid the expense and time of acquiring the Property by condemnation, the parties have agreed to terms on the purchase and sale of the Property, whereby the Property Owner will sell the Property to the City for fair market value under the threat of condemnation. The terms for the purchase of the Property are summarized below.

SUMMARY OF TERMS
Staff has negotiated the following terms with the property owner, based on appraisal information for the fair market value of the Property:
· Purchase Price: $750,000
· Deposit: 3% of Purchase Price ($22,500)
· Closing Period: 21 days

FISCAL IMPACT
The Purchase Price would come from the General Fund, or may also come from Public Safety Impact Fees collected from new development. Staff has determined that there are sufficient funds to carry out the transaction.

ALTERNATIVE ACTIONS
The City Council’s options regarding the Resolution include:

1. Adopt the Resolution No. 2022-80

2. Continue the item to a later meeting of the City Council and provide direction to staff for any changes; or

3. Reject the Resolution No. 2022-80

ATTACHMENTS
Resolution No. 2022-80
Purchase & Sale Agreement for Property (Exhibit A to Resolution)

7.4 Packet Pg. 134
{CW117457.1}
RESOLUTION NO. 2022-80

A RESOLUTION OF THE PATTERSON CITY COUNCIL

TO APPROVE AND AUTHORIZE EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR THE PROPERTY LOCATED AT 33 SOUTH DEL PUERTO

AVENUE, FOR A PERMANENT LOCATION FOR THE PATTERSON PUBLIC

SAFETY CENTER
WHEREAS, the City of Patterson (“City”) is authorized to lease and hold real property to carry out its powers and functions, pursuant to Government Code section 37350 et seq.; and WHEREAS, City has its own Police Department, which is consolidated with the Stanislaus County Sheriff’s Department; and
WHEREAS, the location of the Police Department is 33 South Del Puerto Avenue near the location of Patterson City Hall (the “Property”), pursuant to a lease agreement with the Property Owner; and
WHEREAS, City has determined that the Property is insufficient for current Police Department needs, and also insufficient for the future growth of Patterson law enforcement as City population increases; and
WHEREAS, City seeks to construct a new Public Safety Center at the Property, which would be the home of the Police Department, certain Fire Department personnel, and other municipal offices as the City may require; and
WHEREAS, City has expressed to the Property Owner that it would proceed to acquire the Property by condemnation, given that the Property would be for a public use by which City may exercise the power of eminent domain; and
WHEREAS, City and Property Owner have agreed to the Purchase and Sale Agreement for the Property attached hereto as Exhibit A (“Purchase Agreement”), based on the fair market value of the Property, to avoid the time and expense of condemnation proceedings; and WHEREAS, City has determined that use of the Property for a permanent Public Safety Center would be for the common benefit, and would advance the public health, safety, and welfare of the residents of Patterson.

NOW, THEREFORE, BE IT RESOLVED that the Patterson City Council hereby approves the attached Purchase Agreement for the Property, authorizes the City Manager to execute the Purchase Agreement subject to any minor revisions approved by the City Attorney, and authorizes the City Manager to perform all acts necessary and incidental to carry out the purposes of this Resolution.

7.4.a
Packet Pg. 135 Attachment: 2022.11.10 (Resolution No. 2022-80) Sheriff Office Property Purchase (CW117457xDCB25) (Sheriff Office Purchase) {CW117457.1}

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

AYES:

NOES:

EXCUSED:

Dennis McCord
Mayor of the City of Patterson
ATTEST:

Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a special meeting held on the 15 th day of November 2022, and I further
certify that said resolution is in full force and effect and has never been rescinded or modified.

DATED:
___________________________________
City Clerk of the City of Patterson

7.4.a
Packet Pg. 136 Attachment: 2022.11.10 (Resolution No. 2022-80) Sheriff Office Property Purchase (CW117457xDCB25) (Sheriff Office Purchase) {CW117457.1}

EXHIBIT A

PURCHASE AND SALE AGREEMENT
PROPERTY LOCATED AT 33 S. DEL PUERTO AVENUE

7.4.a
Packet Pg. 137 Attachment: 2022.11.10 (Resolution No. 2022-80) Sheriff Office Property Purchase (CW117457xDCB25) (Sheriff Office Purchase) {CW116567.4} Purchase & Sale Agreement

PURCHASE AND SALE AGREEMENT FOR REAL PROPERTY

WITH ESCROW INSTRUCTIONS

THIS PURCHASE AND SALE AGREEMENT FOR REAL PROPERTY
(“Agreement”) is entered by and between Eastern Marney, LLC, a California Limited Liability Company (“Seller”) and the City of Patterson, a California municipal corporation (“Buyer” or “City”). Seller and Buyer may be referred to herein as a “Party” or collectively as the “Parties”.

There are no other parties to this Agreement.

RECITALS
A. Seller owns a parcel of real property located at 33 South Del Puerto Avenue located in the City of Patterson, California (APN: 131-015-005) (the “Property”). The Property is further described in the legal description attached hereto as Exhibit A.

B. City currently leases the Property from Seller for City’s police department operations.

C. City requires ownership of the Property to obtain a permanent location for its police department or such other municipal offices that City may require, making the Property a public use for which City has the authority to exercise the power of eminent domain. City is compelled to acquire the Property, and Grantor is compelled to sell the Property under threat of eminent domain. Both Seller and City recognize the expense, time, effort, and risk to both Parties in commencing condemnation proceedings for City to acquire the Property. The Parties acknowledge that the agreed-upon purchase price for the Property is based on the fair market value of the Property.

D. Seller therefore desires to sell the Property to City, subject to the terms and conditions of this Agreement.

NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. Sale of Property. Seller agrees to convey the Property to Buyer, and Buyer agrees to purchase the Property from Seller, subject to the terms and conditions set forth herein. The Property conveyance includes any and all of Seller’s right, title, and interest in any and all rights and interests appurtenant to the Property, including but not limited to, all water rights, mineral rights, easements, and other property rights related exclusively to the Property.

7.4.b
Packet Pg. 138 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase) {CW116567.4} Purchase & Sale Agreement

2. Effective Date; City Council Approval. The “Effective Date” of this Agreement will be the date on which both Parties have executed this Agreement and the Patterson City Council (“City Council”) has approved this Agreement. This Agreement will not be effective unless the City Council by resolution has approved this Agreement and has authorized the City Manager to execute this Agreement.

3. Purchase Price. The purchase price for the Property will be Seven Hundred Fifty Thousand Dollars ($750,000.00) (“Purchase Price”).

4. Existing Lease. The Parties acknowledge that Buyer currently possesses the Property under an existing lease. All terms and conditions of the lease will continue to apply until Closing. At the time of Closing (defined in Section 5 below), the lease will terminate and no longer have any force or effect, except for such terms that are intended to survive termination.

5. Escrow and Closing.
(a) Escrow Agent. This transaction will be completed through an escrow agent.

Promptly after the Effective Date, Seller and Buyer will open an escrow with _________________________________ to carry out the terms of this Agreement (the “Escrow Agent”), whose address is as follows:

Escrow Agent / Title Company:

Address:

Primary Contact:

The Parties will promptly deposit all funds and documents as required by Escrow Agent to complete this transaction, including fully executed counterpart originals of this Agreement. The Parties agree to be bound by Escrow Agent’s standard forms or general provisions. This Agreement will control in the event of any inconsistency between this Agreement and Escrow Agent’s standard forms, general provisions, or any other documentation required by Escrow Agent.
(b) Deposit. Within five (5) days after the Effective Date, Buyer will deposit Twenty Two Thousand Five Hundred Dollars ($22,500.00) with Escrow Agent (“Deposit”). The Deposit will become non-refundable if Buyer elects to terminate this Agreement after expiration of the Due Diligence Period (defined in Section 8 below). Upon Closing, the Escrow Deposit will be credited toward the Purchase Price.
(c) Closing. Transfer of the Property will occur twenty-one (21) days from the Effective Date (the “Closing”). Escrow Agent may cause the Closing to occur on an earlier date with the consent of both Seller and Buyer.

7.4.b
Packet Pg. 139 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase) {CW116567.4} Purchase & Sale Agreement

(d) Conditions Precedent to Closing. The following conditions must be met in order for Closing to occur (the “Conditions Precedent”): (i) the Property must be in substantially the same condition at Closing as on the Effective Date; (ii) all liens, encumbrances, and other charges against the Property not assumed by Buyer must be paid and discharged by Seller prior to Closing; (iii) no uncured material, adverse change to the title to the Property will have occurred since the Effective Date; (iv) Seller will deliver exclusive possession of the Property to Buyer; and (v) Buyer and Seller will have complied with and otherwise performed their respective obligations set forth in this Agreement. Buyer and Seller may, by mutual agreement, extend the Closing as long as necessary to satisfy or waive the applicable Conditions Precedent and proceed with Closing.
(e) Seller’s Delivery Obligations. Prior to Closing, Seller will deliver to Escrow Agent the following: (1) a Grant Deed in the form provided by Escrow Agent (“Deed”), subject to any minor modifications satisfactory to the City Attorney and Seller; (2) All documents, releases and cancellations as necessary in order to discharge all existing liens and encumbrances of record against the Property in accordance with this Agreement; and (3) All other documents and funds as required by Escrow Agent to complete this transaction.
(f) Buyer’s Delivery Obligations. Prior to Closing, Buyer will deliver to Escrow Agent the following: (1) the balance of the Purchase Price; (2) All other documents and funds as required by Escrow Agent to complete this transaction. After Closing, City will provide the Stanislaus County Assessor and Auditor a copy of the Deed vesting title of the Property in City, and will request cancellation of property taxes on the Property from and after the date of apportionment, in accordance with Revenue and Taxation Code section 5082.1. (g) Escrow Agent Duties. At Closing, Escrow Agent will effect the transfer of Property by doing the following: (1) Recording the Deed; (2) Providing a closing statement setting forth the Purchase Price, the allocation of Closing Costs, and all prorations and adjustments as provided in this Agreement; (3) Paying all Closing Costs (defined in Section 6 below); (4) Delivering the Title Policy (defined in Section 7 below) to Buyer; (5) Delivering the Purchase Price to Seller, plus or minus any closing adjustments and prorations; (6) Recording all documents as may be necessary to clear title in accordance with the terms of this Agreement.

6. Closing Costs and Prorations.
(a) Closing Costs. The following costs related to Closing (“Closing Costs”) will be paid as follows: (i) the Parties will split equally all fees and charges of Escrow Agent; (ii) Buyer will pay all documentary and other transfer taxes; (iii) Buyer will pay for the cost of the Title Report (defined in Section 7 below); (iv) Buyer will pay for any Title Policy (defined in Section 7 below) or insurance policy purchased for the Property; (v) Buyer will pay all recording

7.4.b
Packet Pg. 140 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase) {CW116567.4} Purchase & Sale Agreement

costs associated with completing the transaction. Buyer and Seller will each pay for their own respective legal, accounting and other consultant fees, charges and costs incurred related to this Agreement.
(b) Prorations and Adjustments. Any ad valorem taxes, general and special taxes, and assessments on the Property will be prorated as of the Closing date. All supplemental taxes (regardless of whether a bill for such taxes is received after the Closing by Buyer or Seller), future assessments, special taxes or encumbrances levied on the Property after the Closing will be paid by Buyer.

7. Title to the Property.
(a) Title Report. Within five (5) business days after the opening of Escrow, Escrow Agent, at Buyer’s sole cost and expense, will deliver to Seller and Buyer a preliminary title report for the Property, together with legible copies of all documents referenced therein as exceptions to title (the “Title Report”). The Title Report will be issued by Escrow Agent and dated no earlier than thirty (30) days prior to the Execution Date. (b) Permitted Exceptions. At Closing, Seller will convey fee title to the Property to Buyer free and clear of all liens and encumbrances, excepting only the exceptions to title set forth in the Title Report which have been approved by Buyer (collectively, the “Permitted Exceptions”).
(c) Objections by Buyer. Buyer will notify Seller in writing within ten (10) days after receipt of the Title Report of Buyer's disapproval of any exception contained therein (“Buyer Objection Notice”). Buyer’s failure to timely deliver to Seller the Buyer Objection Notice will be deemed to constitute Buyer’s approval of the Title Report and all liens and encumbrances contained therein. Seller will have five (5) days after receipt of the Buyer Objection Notice to advise Buyer of any disapproved exceptions which will not be removed by Seller prior to the Closing (“Seller Response Notice”). If Seller indicates that it will not correct any of the disapproved exceptions, within seven (7) days of receipt of the Seller Response Notice, Buyer may elect to: (i) terminate this Agreement without liability on the part of either Party and receive a full refund of the Purchase Price, or (ii) consummate the purchase of the Property subject to such exceptions without any liability on Seller's part relative to the title to the Property. (d) Title Policy. At Closing, Escrow Agent will issue to Buyer, at Buyer’s sole cost and expense, a title insurance policy as approved by Buyer, showing title to the Property vested in Buyer, and containing no exceptions to title other than the Permitted Exceptions (the “Title Policy”).

7.4.b
Packet Pg. 141 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase) {CW116567.4} Purchase & Sale Agreement

8. Inspection of the Property.
(a) Due Diligence Period. If Buyer, in its sole discretion, for any reason or no reason at all, decides not to proceed with Closing, Buyer will have the right at any time within forty-five (45) days after the Effective Date to terminate this Agreement by providing written notice to Seller (“Due Diligence Period”). Upon such termination, the Purchase Price (including the Deposit) will be returned to Buyer and Buyer will be responsible for any and all outstanding Escrow costs or any other costs incurred as a result of entering into this Agreement. (b) Tests. Buyer and Buyer’s authorized agents, contractors, employees and designees (“Buyer’s Agents”) will have the right during the Due Diligence Period to go upon the Property for the purpose of making such surveys, soil, engineering, geological, environmental and other tests, inspections and measurements (the “Tests”), provided they are done without cost to Seller and such activities do not unreasonably interfere with Seller’s operations at the Property.

Buyer will give reasonable written, telephonic, or email advance notice to Seller of any Tests that Buyer or Buyer’s agents will perform. The notice will specify the nature of the Tests to be performed, the approximate date and time the Tests will be performed, and the person or entity performing the Tests. Buyer will repair any damage to the Property caused by Buyer’s inspection activities.
(c) Property Documents. During the Due Diligence Period, Seller will make available to Buyer for Buyer’s inspection, within five (5) days after Buyer’s written request, all documents and information in Seller’s possession or control pertaining to the Property, including but not limited to, any and all leases, liens, tentative and final maps, surveys, plats, title reports, soil reports, assessment or property tax documentation, environmental studies, entitlement documents, or land or building improvements made during Seller’s time on the Property (collectively the “Property Documents”). Seller will not be obligated to disclose to Buyer any appraisal or opinions of the value of the Property, any of Seller’s internal financial analyses, or materials relating to Seller’s cost to acquire the Property. Buyer acknowledges that the Property Documents are furnished to Buyer solely as a courtesy and Seller is not responsible for verifying the accuracy of any statements or other information contained in those documents. Inspection of the Property Documents will be performed at a location agreeable to Seller and Buyer. Seller will retain and collect all originals or copies of the Property Documents.

9. Representations and Warranties.
(a) Seller Representations. The following representations are made as to the best of Seller’s knowledge. Buyer is advised to conduct appropriate inspections as to the condition of the Property. Seller makes the following representations and warranties:

7.4.b
Packet Pg. 142 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase) {CW116567.4} Purchase & Sale Agreement

(i) Seller has the right, power and authority to enter into this Agreement and sell the Property in accordance with these terms; each of the persons executing this Agreement on behalf of Seller is authorized to do so; and this Agreement constitutes a valid and legally binding obligation of the Seller, enforceable in accordance with its terms. (ii) Buyer is advised that this transaction constitutes an “AS-IS” sale of the Property in its current condition and does not include any warranty as to the suitability of the Property for Buyer’s intended use.
(iii) Seller has good and marketable, fee simple title to the Property, free and clear of any and all liens, encumbrances or other restrictions, whether existing of record or otherwise, other than the Permitted Exceptions. Seller has no actual knowledge of any unrecorded or undisclosed legal or equitable interest in the Property owned or claimed by anyone other than Seller.
(iv) During Seller’s ownership, no contracts have been granted to others to purchase or to lease any interest in the Property or any part thereof or which will survive Closing or otherwise impose an obligation on Buyer, and Seller otherwise has the exclusive right of possession to the Property.
(v) Seller has not filed, or not been the subject of any bankruptcy or insolvency proceeding which affect Seller’s ability to convey the Property to Buyer. (vi) Seller has no actual knowledge of any violation of governmental laws, regulations or orders relating to the Property.
(vii) There are no Hazardous Materials in, on, under or affecting the Property. For purposes of this Agreement, the term “Hazardous Materials” will mean any toxic or hazardous materials or any other substance which constitutes, or is regulated as, a hazardous, extremely hazardous, toxic, extremely toxic or similarly dangerous material, substance or waste under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C.A. § 9601 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C.A. § 6901 et seq., or the California Health & Safety Code, Division 20. (viii) The representations and warranties of Seller set forth in this Agreement and the materials delivered by Seller to Buyer do not contain any untrue statements of material fact. Seller has not knowingly omitted any material fact that would thereby cause its representations and warranties to be misleading.
(b) Buyer’s Representations. The following representations are made as to the best of Buyer’s knowledge. Buyer makes the following representations and warranties:

7.4.b
Packet Pg. 143 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase) {CW116567.4} Purchase & Sale Agreement

(i) Buyer has the right, power and authority to enter into this Agreement and to purchase the Property in accordance with the expressed terms and conditions hereof. (ii) Each of the persons executing this Agreement on behalf of Buyer is authorized to do so.
(iii) This Agreement constitutes a valid and legally binding obligation of Buyer, enforceable in accordance with its terms.

The above representations and warranties are made by each Party with the knowledge and expectation that the other Party is placing complete reliance thereon, and such warranties will survive Closing. Each Party will not cause or permit any action to be taken which, to the best of that Party’s knowledge, will cause any of its representations or warranties to be untrue in any material respects upon Closing. Each Party agrees to indemnify, defend and hold the other Party harmless from all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys' fees and costs) in connection with a breach of these representations and warranties. This indemnification obligation will survive the Closing.

10. Default and Remedies. If, prior to Closing, either Party is in default of its covenants or obligations under this Agreement, and such defaulting Party fails to cure such default within ten (10) days after receipt of written notice of the default, the non-defaulting Party may elect to terminate this Agreement by sending written notice of termination to the defaulting Party.

If the Agreement is terminated due to default, the defaulting Party will be liable for all Escrow costs. If Buyer fails to complete this purchase after conclusion of the Due Diligence Period, then Seller may retain the Deposit amount and Buyer will have no other remedies against Seller.

11. Survival. Any obligations, representations and warranties contained in this Agreement that are in nature and effect intended to last after Closing will survive the Closing and remain binding and for the benefit of the Parties until fully performed (collectively, the “Survival Obligations”). Upon Closing, neither Party will have any further obligations under the Agreement except for the Survival Obligations.

12. Notices. Any notice or communication required hereunder between Buyer and Seller must be in writing, and may be given either personally, by registered or certified mail, or by Federal Express, UPS or other similar couriers providing overnight delivery, or by email. If personally delivered, a notice will be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication will be deemed to have been received on the first to occur of (a) actual receipt by any of the addressees specified below, or (b) three (3) days after a registered or certified letter containing such notice,

7.4.b
Packet Pg. 144 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase) {CW116567.4} Purchase & Sale Agreement

properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication will be deemed to have been received on the date delivered as shown on a receipt issued by the courier. If given by email, such notice or communication will be deemed to have been received based on the date delivered as shown on the sent email. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address to which such notice or communication will be given. Notices or communications will be given to the Parties at their addresses set forth below:

If to Buyer: City of Patterson
1 Plaza Circle
Patterson, CA 95363
Attn: City Manager
Email: [email protected]
with copy to: White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, CA 95814
Attn: Nubia I. Goldstein
Email: [email protected]
If to Seller: Eastern Marney, LLC
Address
Email
If to Escrow Agent: Name
Address
Email

13. General Provisions.
(a) Recitals. The Recitals set forth above and hereby incorporated by this reference and part of this Agreement. In the event of any conflict between the recitals and Sections 1 through 13, Sections 1 through 13 will control.
(b) Exhibits. All attached Exhibits are hereby incorporated by this reference and made part of this Agreement.
(c) Amendment. No amendments to this Agreement will be effective unless such amendment is made in writing, signed by both Parties.

7.4.b
Packet Pg. 145 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase) {CW116567.4} Purchase & Sale Agreement

(d) Waiver. Waiver by any Party of a breach of any provision of this Agreement will be in writing and will not operate or be construed as a waiver of any other or subsequent breach hereof, unless specifically stated in writing.
(e) Assignment. This Agreement may not be assigned by Buyer without Seller’s written consent, which may be withheld, conditioned, or delayed in Seller’s sole discretion.
(f) Counterparts. This Agreement may be executed simultaneously and in several identical counterparts, each of which will be deemed an original, but which together will constitute one and the same instrument.
(g) Time is of the Essence. Time is of the essence with respect to the payments and undertakings required of the Parties.
(h) Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof.
(i) Law and Venue. This Agreement will be governed by and construed and enforced in accordance with the laws of the State of California, and any action brought to interpret or enforce this Agreement will be in the County of Stanislaus. (j) Calendar Days. Unless otherwise specified, all “days” referred to in this Agreement are calendar days.
(k) Attorney’s Fees. In the event any legal action or demand for arbitration (if applicable) is filed in relation to this Agreement, the unsuccessful Party in that proceeding will be liable to the successful Party for reasonable attorney’s fees. (l) Further Acts. Parties agree that they will cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.
(m) Joint Preparation. All Parties to this Agreement have negotiated it at length and have had the opportunity to consult with and be represented by their own competent counsel.

Each provision of this Agreement will be construed as though all Parties participated equally in the drafting of the same. Consequently, the Parties acknowledge and agree that any rule of construction that a document is to be construed against the drafting party will not be applicable to this Agreement.

7.4.b
Packet Pg. 146 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase) {CW116567.4} Purchase & Sale Agreement

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates set forth below.

SELLER:

Eastern Marney, LLC,
a California limited liability company
By: __________________________
Print: __________________________
Title: __________________________
Date: __________________________
BUYER:

City of Patterson,
a California municipal corporation
By: ____________________________
Ken Irwin, City Manager
Date: __________________________
ATTEST:

By: ____________________________
Aracely Alegre, City Clerk
Date: __________________________
APPROVED AS TO FORM:

By: ________________________________
Nubia I. Goldstein, City Attorney
ACCEPTANCE BY ESCROW AGENT:
___________________________ hereby acknowledges that it has received originally executed counterparts or a fully executed original of the foregoing Purchase and Sale Agreement of Real Property With Escrow Instructions and agrees to act as Escrow Agent thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Agent. [NAME OF ESCROW COMPANY]
By:

Name:

Its: Authorized Agent
Date:

7.4.b
Packet Pg. 147 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase) {CW116567.4}

EXHIBIT A
Legal Description of Property

7.4.b
Packet Pg. 148 Attachment: 2022.11.10 (Purchase and Sale Agreement) Sheriff Office Property (CW116567-4xDCB25) (Sheriff Office Purchase)

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: November 15, 2022
ITEM NO: 7.5
SUBJECT: Adopt Resolution No. 2022-02 Approving the Formation and Future Annexation Area for Community Facility District (CFD) 2022-02 (Baldwin Ranch North); Adopting Resolution No. 2022-03 Determining Necessity to Incur Bonded Indebtedness; Approving Resolution No. 2022- 04 Calling Special Landowner Election; Approving Resolution No. 2022- 05 Declaring the Results of the Special Election; and Motion to Approve First Reading and Introduction of Ordinance No. 866, Reading by Title Only, Waiving Further Reading, An Ordinance of the West Patterson Financing Authority, Approving the Levy of Special Taxes RECOMMENDATION:

Once the protest proceedings are complete, and based on the results of the landowner election, staff recommends that the City Council:

1. Adopt Resolution 2022-02 of Formation of Community Facilities District and Future Annexation Area for CFD 2022-02; and

2. Adopt Resolution No. 2022-03 Determining Necessity to Incur Bonded Indebtedness for CFD 2022-02; and

3. Adopt Resolution No. 2022-04 Calling Special Landowner Election; and

4. Adopt Resolution No. 2022-05 Declaring Results of Special Landowners Election and Directing Recording of Notice of Special Tax Lien; and

5. Motion to Approve First Reading and Introduction of Ordinance No. 866, Reading by

7.5 Packet Pg. 149
Title Only, Waiving Further Reading, An Ordinance of the City of Patterson City Council Levying Special Tax within CFD 2022-02.

SUMMARY
The City of Patterson (the “City”) is party to a development agreement relating to The Baldwin Ranch North (the “Development Agreement”), approved through the adoption of Ordinance No. 859 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.

On October 4, 2022, the Board of the West Patterson Financing Authority (the “Authority”) adopted resolutions to initiate the formation of West Patterson Financing Authority Community Facilities District No. 2022-02 (Baldwin Ranch North) (“CFD 2022-02”). The resolutions adopted at the October 4, 2022, meeting called for a public hearing on the formation of CFD 2022-02 to take place on November 15, 2022, provided that the participating property owners in the proposed CFD 2022-02 entered into an Operating Memorandum with the City.

The attached resolutions are proposed to form CFD 2022-02, incur bonded indebtedness for CFD 2022-02, call a special landowner election, declare the results of the special election, and direct the recording of a notice of special tax lien. In addition, an ordinance is proposed to be introduced for first reading to levy special taxes within CFD 2022-02.

The territory of the proposed CFD 2022-02 will initially be comprised of a portion of the Baldwin Ranch North project area, which represents the participating landowners that are in various stages of residential development. The territory in the Future Annexation Area includes the entirety of Baldwin Ranch North project site. Parcels located in the Future Annexation Area, but not in the initial CFD 2022-02 boundary, will be eligible to annex into CFD 2022-02 at a later date.

The following actions are proposed in order to finalize the formation of CFD 2022-02 and the Future Annexation Area, and to levy special taxes within CFD 2022-02:
(1) Convene a public hearing to determine if interested parties wish to protest the formation of CFD 2022-02;
(2) Adopt the Resolution of Formation, which includes the eligible facilities to be financed and the Rate and Method of Apportionment of Special Tax, subject to landowner vote (“Resolution of Formation”);
(3) Adopt the Resolution Determining Necessity to Incur Bonded Indebtedness, which sets forth general terms for issuing bonds in connection with CFD 2022-02 (“Resolution of Bonded Indebtedness”);
(4) Adopt the Resolution Calling Election, and hold the special election of landowners (per waivers received from the participating property owners as to any waiting period);

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(5) Declare the results of the landowner election and authorize recording of a special tax lien; and
(6) Introduce for first reading an ordinance to levy special taxes within CFD 2022-02.

ANALYSIS
(1) Protest Proceedings
The proceedings to form CFD 2022-02 are governed by the Mello-Roos Community Facilities District Act of 1982 (Gov. Code § 53311 et seq) (the “CFD Act”). Under the CFD Act, a public hearing is required to determine if any interested parties wish to protest the formation of CFD 2022-02. Any protests pertaining to the conduct of the proceedings must be in writing and must clearly set forth the basis in which such objection is made. Protests may be made by any interested party, in writing or orally. Any written protest not personally presented by the author of that protest must be filed with the City Clerk at or before the opening of the public hearing. (Gov. Code § 53323.)
Under the CFD Act, if protests are submitted by owners of fifty percent (50%) or more of the territory proposed to be included in CFD 2022-02, and such protests are not withdrawn, no further
proceedings to form CFD 2022-02 or to authorize the special tax may be taken for a period of one
(1) year from today’s date.

The proposed CFD 2022-02 boundary is comprised of landowners that have actively participated in the formation of CFD 2022-02. Therefore, it is highly unlikely that any protest proceedings will
prevent the Authority from taking action to authorize and levy special taxes under CFD 2022-02. (2) Resolution of Formation
The Resolution of Formation sets forth the following substantive provisions in connection with CFD 2022-02:

Description of Eligible Facilities to be Financed by CFD 2022-02 A description of facilities to be financed by CFD 2022-02 is attached to the Resolution of Formation as Exhibit A (“Eligible Facilities”). Description of Eligible Facilities generally describes improvements for water, wastewater, transportation, storm drainage, fire department facilities, school facilities, community center, and administrative costs, to which CFD 2022-02 will be authorized to make expenditures. The allocation of CFD 2022-02 special tax and bond revenue is currently provided in the Development Agreement. Prior to the issuance of any bonds, A revised financing plan will be presented for adoption by the Authority.

Rate and Method of Apportionment of Special Tax

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The Rate and Method of Apportionment of Special Tax is attached to this Resolution as Exhibit B (the “RMA”). The RMA establishes the Maximum Special Tax that can be levied on each parcel subject to the CFD 2022-02 special tax. For CFD 2022-02, the Maximum Special Tax is based on the proposed land use densities for each plan area within Baldwin Ranch North Master Development Plan, as indicated on the Master Land Use Diagram. The Maximum Special Tax therefore varies according to single-family property, other residential property, and nonresidential property.

Future Annexation of Other Parcels
The Resolution contemplates a simplified procedure for annexing property which is included within the Future Annexation Area. As noted above, the Future Annexation Area comprises the remaining properties in Baldwin Ranch North that have residential development potential.

Parcels in that area are eligible to annex into CFD 2022-02 upon signing a simple request to annex
and consent to be taxed and no further Authority action will be required. (3) Resolution of Bonded Indebtedness
This Resolution establishes some of the initial criteria for issuing bonds in connection with CFD 2022-02. The Resolution establishes maximum bonded indebtedness at $17.5 million. The $17.5 million maximum indebtedness is always set much higher than the actual amount of bonds anticipated to be issued, currently estimated at approximately $17.5 million including funding debt service reserve funds, capitalized interest and bond issuance costs. Bonds would be issued in series, as development proceeds. The first bond issuance could occur as early as 2023, and future bonds would continue to be issued in series thereafter. The actual amount of bonds issued can change over time depending on market conditions and interest rates at the time of sale for each series. The main consideration is to ensure that the $17.5 million in financing for public infrastructure, as provided in the Development Agreement, is realized over time. (4) Resolution Calling Special Landowner Election
This resolution provides that fewer than twelve (12) persons are registered to vote within the territory of CFD 2022-02. Therefore, pursuant to the CFD Act, the qualified electors consist of the
landowners within CFD 2022-02. All participating landowners within initial boundary of CFD 2022-02 have waived the ninety (90) day requirement for holding an election; therefore, the election may occur at this meeting to consent to and approve of the Authority’s formation of CFD 2022-02.
(5) Resolution Declaring Results of Special Landowners Election and Directing the Recording of a Notice of Special Tax Lien
The Authority should adopt this resolution once it is confirmed that the landowners have approved the formation of CFD 2022-02 and the levy of special taxes.

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(6) Ordinance of the West Patterson Financing Authority Levying Special Tax within CFD 2022-02
The proposed ordinance authorizes the Authority, or its designee or consultant, to determine the amount of special taxes to be levied pursuant to the Resolution of Formation on properties within CFD 2022-02. The special taxes will be collected in the same manner as ordinary property taxes and shall have the same lien priority and be subject to the same penalties for delinquency.

ALTERNATIVE ACTIONS
The City of Patterson is obligated to cooperate in good faith to form a financing district to fund ongoing maintenance services in the Baldwin North area, as set forth in the Development Agreement. Staff, therefore, does not recommend any alternatives to the above recommendations.

ATTACHMENTS

1. Resolution No. 2022-02 of Formation of Community Facilities District No. 2022-02.

2. Resolution No. 2022-03 Determining Necessity to Incur Bonded Indebtedness for CFD 2022-02.

3. Resolution No. 2022-04 Calling Special Landowner Election.

4. Resolution No. 2022-05eclaring Results of Special Landowners Election and Directing Recording of Notice of Special Tax Lien.

5. Ordinance No. 866 of the City Council of the City of Patterson Levying Special Tax within CFD 2022-02.

6. Rate and Method of Apportionment of Special Tax (RMA)

7. CFD 2022-02 Boundary Map (previously adopted with Resolution of Intention)

FISCAL IMPACT
All costs associated with the formation of this CFD are paid for by the developer. The Community Facilities District 2022-2 would establish the bond indebtedness limit in the amount of $17,500,000. All funds would be obtained through bonding and would help fund the list of improvements listed in Exhibit B.

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1 WEST PATTERSON FINANCING AUTHORITY
RESOLUTION NO. 2022-02

RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT

WEST PATTERSON FINANCING AUTHORITY
Community Facilities District No. 2022-2
(Baldwin Ranch Infrastructure)
RESOLVED by the Board of Directors (the “Board”) of the West Patterson Financing Authority (the “Authority”), Stanislaus County, State of California, that:

WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, sections 53311, et. seq., of the California Government Code (the “Act”), on October 4, 2022, this Board of the Authority, adopted its Resolution No. 2022-70 entitled “A Resolution of Intention to Establish a Community Facilities District” (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”);
WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the CFD and stating the facilities to be provided (as set forth in the list attached hereto as Exhibit A), the cost of providing such facilities, and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the facilities and the principal and interest on bonds proposed to be issued with respect to the CFD, is on file with the Secretary and the provisions thereof are incorporated herein by this reference as if fully set forth herein; WHEREAS, on this date, this Board held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD; WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the facilities to be financed therein and the levy of such special tax were heard and a full and fair hearing was held; WHEREAS, at the hearing evidence was presented to this Board on such matters before it, including a special report (the “Report”) as to the facilities to be financed through the CFD and the costs thereof, a copy of which is on file with the Secretary, and this Board at the conclusion of said hearing is fully advised in the premises;
WHEREAS, written protests with respect to the formation of the CFD, the financing of specified types of facilities and the rate and method of apportionment of the special taxes have not been filed with the Secretary by 50% or more of the registered voters residing within the territory of the CFD or property owners of one-half or more of the area of land within the CFD and not exempt from the proposed special taxes;
NOW THEREFORE BE IT RESOLVED as follows:

1. Recitals Correct. The foregoing recitals are true and correct.

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Packet Pg. 154 Attachment: 1 Resolution 2022-02 of Formation 11-15-22 (Approve Resolutions and Ordinance for 2022-1 Infrastructure CFD for Baldwin Ranch 2 2. No Majority Protest. The proposed CFD and the proposed special tax to be levied within the CFD have not been precluded by majority protest pursuant to section 53324 of the Act.

3. Prior Proceedings Valid. All prior proceedings taken by this Board in connection with the establishment of the CFD and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.

4. Name of the CFD. The community facilities district designated “West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure)” of the Authority is hereby established pursuant to the Act.

5. Boundaries of CFD. The boundaries of the CFD, as set forth in the map of the CFD heretofore recorded in the Stanislaus County’s Recorder’s Office as Document No. 2022- 0068383 on October 14, 2022 and on file with the Secretary, are hereby approved, are incorporated herein by reference and shall be the boundaries of the CFD.

6. Description of Facilities. The facilities proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit A hereto and by this reference incorporated herein (the “Facilities”).

7. Special Tax.

Except to the extent that funds are otherwise available to the CFD to pay for the Facilities, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Board.

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 shown in Exhibit B attached hereto and hereby incorporated herein. The Resolution of Intention included as Exhibit B an earlier draft form of the rate and method of apportionment inadvertently included in the adopted resolution; the rate and method attached hereto is the correct version and replaces the version shown in Exhibit B to the Resolution of Intention and is the record version for purposes of the CFD.

8. Increased Demands. It is hereby found and determined that the Facilities are necessary to meet increased demands placed upon local agencies, including the Authority, as the result of development occurring in the CFD. The Facilities are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant facilities already available within the territory of the CFD as of the date hereof.

9. Responsible Official. The Secretary (or her designee) of the West Patterson Financing Authority, City Hall, 1 Plaza, Patterson, CA 95363, telephone number 209-895-8000, is the officer of the Authority who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.

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Packet Pg. 155 Attachment: 1 Resolution 2022-02 of Formation 11-15-22 (Approve Resolutions and Ordinance for 2022-1 Infrastructure CFD for Baldwin Ranch 3 10. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the Authority ceases.

11. Appropriations Limit. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD is hereby preliminarily established at $17,500,000 and such appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the Constitution.

12. Election. Pursuant to the provisions of the Act, the proposition of the levy of the Special Tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the CFD at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council.

13. Effective Date. This resolution shall take effect upon its adoption. * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the West Patterson Financing Authority on the 15th day of November 2022, by the following roll call vote:

AYES:

NOES:

EXCUED:
___________________________________
Dennis McCord, Chair
ATTEST:

Aracely Alegre, Secretary

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Packet Pg. 156 Attachment: 1 Resolution 2022-02 of Formation 11-15-22 (Approve Resolutions and Ordinance for 2022-1 Infrastructure CFD for Baldwin Ranch Exhibit A

EXHIBIT A

WEST PATTERSON FINANCING AUTHORITY
Community Facilities District No. 2022-2
(Baldwin Ranch Infrastructure)

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. 157 Attachment: 1 Resolution 2022-02 of Formation 11-15-22 (Approve Resolutions and Ordinance for 2022-1 Infrastructure CFD for Baldwin Ranch Exhibit A