RESOLUTION NO. 2022-84
A RESOLUTION ANNEXING TERRITORY AND APPROVING A RATE AND
METHOD OF APPORTIONMENT OF SPECIAL TAXES WITHIN THE CITY OF PATTERSON COMMUNITY FACILITIES DISTRICT NO. 2018-02
(RESIDENTIAL MAINTENANCE SERVICES)
WHEREAS, this Council has previously established City of Patterson Community Facilities District 2018-02 (Residential Maintenance Services) (the “CFD”) pursuant to the MelloRoos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”), and formed the CFD Resolution No. 2018-78 adopted on October 16, 2018 (the “Resolution of Formation”) and thereby also established a Future Annexation Area for the CFD (the “Future Annexation Area”); and
WHEREAS, the Resolution of Formation provides that annexations into the CFD from land within the Future Annexation Area may be made by Petition and Vote of landowners without Council action, provided however, for lands outside of the Future Annexation Area Council action is be required for annexation and establishment of a special tax rate applicable to the area annexed; and
WHEREAS, on October 17, 2022 the City Council (the “City Council”) of the City of Patterson (the “City”) adopted a Resolution No. 2022-68 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PATTERSON OF INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT 2018-02 (RESIDENTIAL MAINTENANCE SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN” (the “Resolution of Intent”), stating its intention to undertake proceedings to annex certain territory (which is outside of the Future Annexation Area) to the CFD and provide for a Rate and Method applicable to the annexed area; and
WHEREAS, as of the date hereof, the sole owners (the “Owners”) of all the territory within the land proposed to be annexed into the CFD have executed and delivered to the City a “Petition, Consent, Waiver and Vote of Sole Landowners” (the “Petition and Vote”) substantially in the form attached hereto as Exhibit B, pursuant to which the Owners have requested annexation of their land described in Exhibit C into the CFD, and the establishment of a tax rate in a specified amount as set forth in the Resolution of Intent, and voted in favor of establishing the Rate and Method of Apportionment of Special Tax (the “RMA”) for the annexed area as proposed in connection with the Resolution of Intent, and set forth other matters related thereto, which RMA is attached as Exhibit A hereto; and
WHEREAS, pursuant to the Petition and Vote, each Owner has certified that, based upon their knowledge and familiarity with the land within the land area to be annexed there are no registered voters residing on any of the land within land area to be annexed and that it comprises the sole ownership entity which is the record Owner of the respective land area indicated on Exhibit C to be annexed; and
WHEREAS, on the date hereof, the Owners have submitted to the Council as part of the Petition and Vote a landowner ballot with respect to the land it owns and requested to be annexed, and marked “Yes” to indicate support for a ballot measure to annex and set the tax rate, and the executed Petition and Vote and ballot is on file with the Clerk; and -2-
WHEREAS, on the basis of the Petition and Vote and the ballot, this Council believes that the Owners of one hundred percent (100%) of the property within the land area to be annexed which would be affected by the adoption and approval of the matters stated therein, have requested, consented to and voted in favor of such adoption and approval in order to more effectively accomplish the authorized purposes of the CFD and the land area to be annexed; and WHEREAS, the Council, on this day held a public hearing on matters set forth in the Resolution of Intent and no objections to the Council proceeding as intended therein were expressed; and
WHEREAS, the Council wishes to accept the Petition and Vote, annex the territory into the CFD, and approve and adopt the RMA for the land area to be annexed, all in furtherance of the authorized purposes of the CFD and the land area to be annexed, and all as requested and approved by the Owners.
NOW, THEREFORE, be it resolved by the City Council of the City of Patterson:
1. Findings. This Council hereby finds and determines that the foregoing recitals are correct and that public convenience and necessity require that territory be added to the CFD.
Section 2. The territory proposed to be annexed to the CFD as described in the Resolution of Intent shown on the Annexation Map No. 1, on file with the Clerk on the date of adoption of the Resolution of Intent and subsequently recorded in the Stanislaus County Recorder’s Office on October 24, 2022 as Document No. 2022-0069923, in Volume 6, Page 66, to which map reference is hereby made, is hereby annexed into the CFD.
Section 3. The RMA as described in the Resolution of Intent is hereby approved and adopted and for all future purposes of the land area annexed, unless and until changed by future action of the Council in accordance with the Act. The Hearing Report for the land area to be annexed on file with the City, which is hereby made part of the proceedings for the land area to be annexed, remains unchanged other than with respect to the revised RMA.
Section 4. This Council hereby finds that the provisions of Section 53326 of the Act requiring a minimum of time period for holding an election and other election formalities relative to the actions taken hereby are for the protection of the qualified electors of the land area to be annexed. There is on file with the City Clerk as part of the Petition and Vote a written waiver executed by all of the qualified electors of the land area to be annexed allowing for a shortening of the time for the special election to expedite the process of annexing the land area to be annexed to the CFD and related matters, and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, this Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings.
Section 5. The Council hereby further finds and declares that the revised RMA affects only the land within the land area to be annexed, and the ballot measure submitted to and by the Owners constitute the favorable vote of each landowner of all the territory within the land area to be annexed, with the Owners being the sole qualified electors entitled to vote in the election, has been passed and approved by unanimous “Yes” vote of said landowners, as the sole qualified voters.
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Section 6. The Secretary is hereby directed to cause the preparation and recordation of an Amended Notice of Special Tax Lien to be recorded in the office of the County Recorder of the County of Stanislaus, as needed, to the changes ordered by this Resolution.
Section 7. It is hereby found that the actions taken by this resolution are valid and in conformity with the Act, including in accordance with the authority granted to this Council as the legislative body of the CFD pursuant to the provisions Section 53312.5 and 53315 of the Act. It is hereby further found that all prior proceedings and actions taken by this Council related to the CFD were valid and in conformity with the Act.
Section 8. This Resolution shall take effect upon its adoption. * * * * * *
PASSED AND ADOPTED by the Patterson City Council at a regular meeting held on the 6th day of December, 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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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 6th day of December 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
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
CITY OF PATTERSON
Community Facilities District No. 2018-02
(Residential Maintenance Services)
Attached.
EXHIBIT B
PETITION, CONSENT, WAIVER AND VOTE OF SOLE LANDOWNERS
CITY OF PATTERSON
Community Facilities District No. 2018-02
(Residential Maintenance Services)
(Annexation No. 3)
To the Honorable City Council
City of Patterson
311 Vernon Street
Patterson, CA 95678
Members of the Council:
The undersigned are collectively the authorized representatives of Baldwin Ranch Development, LLC, a California limited partnership, Valley Property & Equipment Rental, Inc., a California Corporation, Land Development Realty Group, LLC, a California limited liability company, and Eagle Valley Investments, a California corporation, collectively the owners (together the "Owners") of the all the parcels listed in Exhibit A, which parcels collectively comprise of all the land proposed to be included within the land area to be annexed as Annexation No. 3 to the City of Patterson Community Facilities District 2018-02 (Residential Maintenance Services) (the “CFD”).
Each undersigned representative (each and “Owner”), on behalf of the entity it represents, hereby petitions, represents, warrants, and certifies to the City as follows:
1. I am familiar with the CFD, the Future Annexation Area and the land therein listed in Exhibit C hereto and proposed to be the land area to be annexed of the CFD.
2. I am familiar with and have personally inspected the land within the land area to be annexed, which is undeveloped land, and I have noted that there are no dwellings thereon that might serve as habitation for registered voters. Based on the foregoing, I have determined that at no time during the 90 days preceding the date hereof were there ever any persons registered to vote within the territory of the land area to be annexed.
3. The Council is requested to establish the land area to be annexed within the CFD over land shown on the Annexation Map No. 1 on file with the Clerk, and to establish a special tax applicable to such land as described in Rate and Method of Apportionment of Special Tax for the land area to be annexed (“Annexation No. 3 RMA”), which is attached to this Petition and Vote.
4. The undersigned is legally entitled and authorized to cast the ballot for the Owner in the landowner, mailed-ballot election to be conducted on December 6, 2022 within the land area to be annexed to determine whether to ratify and confirm the Annexation No. 3 RMA. 4 5. The Owner hereby consents to the applicability of the Annexation No. 3 RMA to land within the land area to be annexed
6. The undersigned, on behalf of the above-named Owner, hereby waives each of the following:
a. any and all minimum time periods relative to the public hearing to be held pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) and the publication of the notice of hearing pursuant to the Act. b. any and all minimum time periods relative to the landowner-voter election to be held pursuant to the Act to ratify and confirm the Council’s approval of the Annexation No. 3 RMA ;
c. the preparation and distribution of an impartial analysis of the ballot measure, as well as arguments in favor and against, under the authority of the Act; d. the requirement to publish notice of the election under the Act; e. the requirements regarding the time to mail ballots to the qualified electors under Elections Code Section 4101, and agrees to accept either mailed service or personal service of the ballot;
f. the requirements regarding identification envelopes for the return of mailed ballots contained in the Act; and
g. any and all defects in notice or procedure in the process of ordering the Annexation No. 3 RMA, including but not limited to the public hearing, and conduct of the election, whether known or unknown (other than the right to have ballots accurately counted).
7. The undersigned expressly acknowledges, represents and states that the election is being expedited by the City, pursuant to this waiver and consent, at the particular instance and request of the above-named Owner and this consent and waiver shall constitute a ballot and vote in favor of such change as indicated following the below signature of each Owner and votes as follows by checking a “yes” vote or a “no” vote to the following ballot measure. 5 BALLOT MEASURE: Shall the measure pursuant to which
the City of Patterson shall annex land to the City of Patterson Community Facilities District 2018-02 (Residential
Maintenance Services) and establish the Rate and Method of Apportionment of Special Tax (the “RMA”) applicable to the land area to be annexed, as set forth in the Resolution of Intention adopted by the City Council on October 16, 2022 of be adopted?
YES
_______
NO
_______
I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct and that this declaration is executed and vote has been case as of ____________, 2022.
Baldwin Ranch Development, LLC, a
California limited partnership
BY: Eagle Valley Investments, a California
corporation, its general partner
By: ___________________________
Larry Buehner
President
By: Land Development Consulting Group,
LLC, a California limited liability company,
its Member
By: __________________________
Joseph Hollowell, III, Member
Valley Property & Equipment Rental, Inc., a
California Corporation
By:
Larry Buehner, President
Land Development Realty Group, LLC, a
California limited liability company
By:
Joseph Hollowell III, Member
Eagle Valley Investments, a California
corporation
By:
Larry Buehner, President
EXHIBIT C
CITY OF PATTERSON
Community Facilities District No. 2018-02
(Annexation No. 3)
ASSESSOR’S PARCEL NUMBERS AND OWNERS OF LAND IN
ANNEXATION NO. 3
Assessor’s
Parcel No.
Record Name of
Property Owner
No. of
Acres
021-098-002
021-098-003
021-098-004
Valley Property & Equipment Rental, Inc., a
California Corporation, as to an undivided
34.41%; Land Development Realty Group, LLC,
a California limited liability company as to an
undivided 30.00% interest; and Eagle Valley
Investments, a California corporation as to an
undivided 35.59% interest, all as tenants in
common
14.21 8.53
7.22 021-098-007 Baldwin Ranch Development LLC 8.10
021-098-008 Baldwin Ranch Development LLC 36.50
021-098-009 Baldwin Ranch Development LLC 26.04
021-098-010 Baldwin Ranch Development LLC 19.76
TOTAL 120.36