{CW128299.1} Memorandum of Understanding
Stanislaus County and City of Patterson
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF STANISLAUS
AND
THE CITY OF PATTERSON
FOR
DEVELOPMENT STANDARDS ASSOCIATED WITH
THE ZACHARIAS AND BALDWIN RANCH MASTER PLAN
This MEMORANDUM OF UNDERSTANDING (“MOU”), entered this _____ day of May 2023, and is between the County of Stanislaus (“County”), whose address is 1010 10th Street, Suite 6800, Modesto CA 95354, and City of Patterson (“City”) whose address is 1 Plaza, P.O. Box 667, Patterson, CA 95363. County and City may herein be referred to individually as a “Party” and collectively as the “Parties.” There are no other parties to this MOA.
WHEREAS, the City is in the process of submitting an application to the Stanislaus Local Agency Formation Commission (“LAFCO”) for a reorganization to expand the City limits to include an area of 1297 gross acres spilt between an area located at the north end of the City and a second smaller area located at the south end of the City contiguous to the Delta-Mendota Canal to facilitate the development of the Zacharias and Baldwin Ranch Master Plan (“Project”); and
WHEREAS, the City’s reorganization application includes an expansion of the City’s sphere of influence (“SOI”); and
WHEREAS, Government Code section 56425(b) requires that prior to a city submitting an application to update its SOI, representatives from the city and county shall meet to establish an agreement with regard to the development standards and planning and zoning requirements within the updated SOI; and
WHEREAS, on January 18, 2023, the City and County met to discuss the SOI and established a framework for the development standards and planning and zoning requirements within the SOI that is agreeable to both Parties; and WHEREAS, as required by Government Code section 56425(b), the City and County enter into this MOU to record their agreement and provide it in writing to LAFCO.
NOW THEREFORE, County and the City agree as follows:
ARTICLE 1
PURPOSE
1. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this MOU by this reference. In the event of any inconsistency between the Recitals and Section 1 through 25 of this Agreement, Sections 1 through 25 shall prevail.
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Memorandum of Understanding
Stanislaus County and City of Patterson
2. The general purpose this MOU is to establish the development standards and planning and zoning requirements within the City’s revised SOI based on the development of the Project.
ARTICLE 2
PROJECT PARTICIPATION IN A
COMMUNITY FACILITIES DISTRICT (“CFD”)
3. The City shall require the Project applicants to form a new Community Facilities District (“CFD”) to finance installation and ongoing maintenance of public improvements serving the Project area pursuant to the Mello-Roos Community Facilities District Act (Gov. Code, § 53311 et seq.).
4. City shall complete all necessary proceedings to establish a CFD or annex the project area into an existing CFD.
5. City shall consult with County staff in the development and review of CFD formation or annexation documents, specifically the development standards and planning and zoning requirements underlying the formation of the CFD. City shall provide County with the CFD formation or annexation documents and County may approve the estimated project costs utilized for the development of the rate and method of apportionment, that are located within Stanislaus County’s jurisdiction, and may further provide comment regarding the development standards and planning and zoning requirements underlying the formation of the CFD. In addition, City shall present to the County all engineer’s estimates for improvements for which the Project will have a fair share contribution, and that are located within Stanislaus County’s jurisdiction, for the County’s review and approval. In the event the County does not provide a response or approval in writing to the City within twenty (20) business days of receiving the documents contemplated in this section, the City’s obligation under this section shall be considered satisfied. The Parties may extend the deadlines set forth in this Section by mutual written agreement.
6. City shall establish the new CFD or annex into an existing CFD prior to recordation of the first final map in the Project.
ARTICLE 3
RECHARGE BASIN DESIGN STANDARDS
7. The Parties acknowledge and agree that the Project includes a stormwater capture and recharge basin that is to be located within the City’s proposed city limits, along Del Puerto Creek, north of Zacharias Road, as preliminarily depicted in Exhibit A, attached hereto and incorporated herein by this reference (“Recharge Basin”).
8. In the event the Recharge Basin is ultimately developed for any other purpose that would allow the general public to access, the City shall ensure that the following {CW128299.1}
Memorandum of Understanding
Stanislaus County and City of Patterson
design standards are implemented along the western, northern, and eastern boundaries of the Recharge Basin: turfed areas shall be maintained a minimum of 150-feet from the boundaries; a minimum 6-foot tall fence designed to prevent trespassing onto unincorporated lands shall be installed; and a double row of evergreen trees, with a growth potential of at least 15 feet in height shall be installed along the boundaries.
9. In the event the Recharge Basin is ultimately located outside of the City’s proposed city limits and within unincorporated County territory, the County shall review and approve the design of the Recharge Basin. The County shall not withhold its approval without good cause.
a. If ownership of the Recharge Basin site as depicted in Exhibit A is transferred to the City and not annexed and ultimately used as a Recharge Basin, notwithstanding Government Code section 53091 et seq., and Zack v. Marin Emergency Radio Authority (2004) 118 Cal.App.4th 617, 628 (county exempt from city ordinance) and Lawler v. City of Redding (1992) 7 Cal.App.4th 778, 784 (city sports complex, located in county territory, exempt from county zoning) the City agrees to limit use of the property to uses permitted by County’s zoning Code.
ARTICLE 4
FEMA FLOOD RETENTION AREA
10. The Parties acknowledge and agree that the Project includes a FEMA Flood Retention Area on the north side of Zacharias Road, between Rogers and Baldwin Road, that is proposed to be developed as a regional park to be built adjoining a 40-acre site acquired by the Patterson Unified School District for development of a new high school.
The location of the site is depicted in Exhibit C, attached hereto and incorporated herein by reference (“Regional Park”).
11. City shall ensure that the following design standards are implemented along the western and northern boundaries of the Regional Park: turfed areas shall be maintained a minimum of 150-feet from the boundaries; a minimum 6-foot-tall fence, designed to prevent trespassing onto unincorporated lands, shall be installed; and a double row of evergreen trees, with a growth potential of at least 15 feet in height, shall be installed along the boundaries.
12. In the event the Regional Park is developed prior to the high school, the City shall implement the design standards specified in Section 5 of this MOU along the eastern boundary of the Regional Park.
13. Until development of a Regional Park, the City shall limit use of the property to uses permitted within the County’s A-2 (General Agriculture) zoning district without a discretionary permit. Use other than those permitted in the A-2 zoning district may be {CW128299.1}
Memorandum of Understanding
Stanislaus County and City of Patterson
permitted with written support of the County, including the implementation of design standards to protect surrounding agricultural uses in the unincorporated area.
ARTICLE 5
ZACHARIAS ROAD/SOUTH COUNTY CORRIDOR
DESIGN STANDARDS
14. The Parties acknowledge and agree that the portion of Zacharias Road in the Zacharias Project area is contemplated as a potential alignment for the County transportation project referred to as the South County Corridor, as more fully depicted in Exhibit B, attached hereto and incorporated herein by this reference. The parties also acknowledge that if the South County Corridor is not developed, Zacharias Road, with the exception of the Recharge Basin and Regional Park areas, will serve as the urban/rural interface between the City of Patterson and the unincorporated area.
15. For the portion of Zacharias Road in the Zacharias Project area that is to further be contemplated for inclusion in the South County Corridor as an alignment alternative, the City shall require the Project applicant to dedicate a minimum right-of-way to the width of 135 feet to accommodate any future widening of Zacharias Road to meet County standards for a 6-lane roadway. The portion of West Main that is contemplated as the future South County Corridor is designated as a “Partially Access Controlled Other Principal Arterial Highway” in the Stanislaus County General Plan. Zacharias Road will need similar access control to function as the South County Corridor. West Main and Zacharias Road are shown as viable alternatives in the 2016 South County Corridor Feasibility Study, specifically Alternatives 4D and 7A. Additionally, the City shall require the Project applicant to develop the Zacharias Road/South County Corridor right-of-way with setbacks, fencing, and landscaping to provide for a 150-foot buffer, as provided in Appendix VII-A, Agricultural Buffer, and Setback Guidelines, of the Stanislaus County General Plan and Mitigation Measure AG-3 of the Baldwin Master Plan/Zacharias Master Plan Project Environmental Impact Report.
16. The Parties acknowledge and agree that a portion of Baldwin Road, in the Baldwin Ranch Master Plan, and the southern boundary of the Baldwin Ranch Master Plan will serve as the urban/rural interfaces between the City of Patterson and the unincorporated areas.
17. The City shall require the Project applicant to develop the Baldwin Road rightof-way and the southern boundary of the Baldwin Ranch Master Plan with setbacks, fencing and landscaping to provide for a 150-foot buffer, as provided in Appendix VII-A of the Stanislaus County General Plan Agricultural Buffer and Setback Guidelines and Mitigation Measure AG-3 of the Baldwin Master Plan/Zacharias Master Plan Project Environmental Impact Report.
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Memorandum of Understanding
Stanislaus County and City of Patterson
ARTICLE 6
GENERAL PROVISIONS
18. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this MOU.
19. Entire Agreement. This MOU, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
20. Amendment. Any amendment of this MOU shall be in writing, signed by both Parties hereto.
21. Negotiated Agreement. The Parties arrived at this MOU through negotiation.
Neither Party is to be deemed the party that prepared this MOU within the meaning of California Civil Code Section 1654.
22. Indemnity. Neither Party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of any act or failure to act by the other Party under or in connection with any work delegated to that Party under this MOU. The Parties further agree, pursuant to Governmental Code Section 895.4, that each Party shall fully indemnify and hold harmless the other Party and its agents, officers, employees, and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such Party under this MOU.
23. Notices. Any notices required herein shall be in writing and be given personally or by certified mail, return receipt requests, addressed to the respective Parties as follows:
To County: Stanislaus County
Chief Executive Office
1010 10th Street, Suite 6800
Modesto, CA 95354
To City: City of Patterson
City Manager’s Office
1 Plaza, PO Box 667
Patterson, CA 95363
{CW128299.1}
Memorandum of Understanding
Stanislaus County and City of Patterson
24. Counterparts. This MOU 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.
25. Governing Law; Venue. The validity, interpretation, and performance of this MOU shall be controlled by and construed pursuant to the laws of the State of California. Venue for all legal proceedings shall be in the Superior Court for the County of Stanislaus.
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives.
COUNTY OF STANISLAUS
_________________________________
Jody Hayes, Chief Executive Officer
CITY OF PATTERSON
_________________________________
Ken Irwin, City Manager
Date Signed:____________ Date Signed:____________
APPROVED AS TO FORM:
COUNTY COUNSEL
_________________________________
Thomas E. Boze, County Counsel
APPROVED AS TO FORM:
CITY ATTORNEY
_________________________________
Nubia I. Goldstein
ROGERS ROAD
BALDWIN ROAD
RECHARGE BASIN
EXHIBIT A
PRELIMINARY RECHARGE
BASIN LOCATION
ROGERS ROAD
BALDWIN ROAD
SOUTH COUNTY CORRIDOR
EXHIBIT B
SOUTH COUNTY CORRIDOR
POTENTIAL ALIGNMENT
ROGERS ROAD
BALDWIN ROAD
REGIONAL PARK
EXHIBIT C
PRELIMINARY REGIONAL
PARK LOCATION