Patterson City Council
September 19, 2023

City of Patterson Page 1 Updated 9/12/2023 4:37 PM
Agenda
City of Patterson
City Council Regular Meeting
September 19, 2023
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363

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 [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
City of Patterson Page 2 Updated 9/12/2023 4:37 PM

4. Items from the Public
Any member of the audience desiring to address the Council regarding a matter on the agenda, please raise your hand or step to the podium, or if using the zoom app by pressing *9 on your cell phone at the time the item is announced by the Mayor. The public wishing to address the Council on items that do not appear on the agenda may do so; however, Council will take no action other than referring the item to staff for study and analysis and may place the item on a future agenda (Resolution 92-25)
In order that all interested parties have an opportunity to speak, any person addressing the Council will be limited to a maximum of five (5) minutes unless the Mayor grants a longer period of time (Resolution 92-25)
Please State Your Name and City for the Record.

5. Consent Calendar
All items are approved by a single action. Any item may be removed from the Consent Calendar for separate discussion upon request from a member of the Public, Staff and/or Councilmember.

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

5.2. Approve Minutes of Special Meeting/Closed Session - August 15, 2023 (6:00 PM)

5.3. Approve Minutes of Regular Meeting - August 15, 2023 (7:00 PM)

5.4. Approve Minutes of Special Meeting (Workshop) - August 29, 2023 (7:00 PM)

5.5. Approve Minutes of Regular Meeting - September 5, 2023 (7:00 PM)

5.6. Approve City Commission Reports for the Months of June - August 2023 (Parks, Recreation & Beautification Commission).

5.7. Approve City Department Reports for the Months of June - August 2023 (Community Development Department, Public Works and Recreation & Community Services).

5.8. Approve Street Closure for Patterson High School Homecoming Parade, Downtown on Friday, October 6, 2023.

5.9. Approve the Replacement & Surplus of 2007 Diesel Freight Liner Truck & Chipper Box (Vehicle #4) with new CARB compliant truck & Authorize a Budget Adjustment in the Amount of $101,545.45.

6. Public Hearing
City of Patterson Page 3 Updated 9/12/2023 4:37 PM

6.1. City Attorney - (Public Hearing Continued from August 15, 2023 Regular Council Meeting) Consideration of Appeal No. 23-01, By Central Valley-Sierra Associates Regarding (1) Resolution No. 2023-07 of the Patterson Planning Commission Revoking Conditional Use Permit No. 17-21 For Failure to Comply with Conditions of Approval; and (2) Resolution No. 2023-06 of the Patterson Planning Commission Recommending that the Patterson City Council Adopt an Ordinance Confirming the Termination of the Development Agreement By and Between the City of Patterson and Central Valley-Sierra Associates and Authorizing the Recording of a Notice of Termination.

Staff report: City Attorney Goldstein
Mayor: Open/Close the Public Hearing
Council: Consideration of Appeal No. 23-01, By Central ValleySierra Associates Regarding (1) Resolution No. 2023-07 of the Patterson Planning Commission Revoking Conditional Use Permit No. 17-21 For Failure to Comply with Conditions of Approval; and (2) Resolution No. 2023-06 of the Patterson Planning Commission Recommending that the Patterson City Council Adopt an Ordinance Confirming the Termination of the Development Agreement By and Between the City of Patterson and Central Valley-Sierra Associates and Authorizing the Recording of a Notice of Termination.

6.2. City Attorney - (Public Hearing Continued from August 15, 2023 Regular Council Meeting) Approve First Reading and Introduction of Ordinance No. 870, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Confirming the Termination of the Development Agreement By and Between the City of Patterson and Central Valley-Sierra Associates and Authorizing the Recording of a Notice of Termination.

Staff report: City Attorney Goldstein
Mayor: Open/Close the Public Hearing
Council: Approve First Reading and Introduction of Ordinance No. 870, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Confirming the Termination of the Development Agreement By and Between the City of Patterson and Central Valley-Sierra Associates and Authorizing the Recording of a Notice of Termination.

7. City Council Reports
A. Councilmember Alves
. Stanislaus Homeless Alliance (Councilmember Roque alternate) City of Patterson Page 4 Updated 9/12/2023 4:37 PM
. Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
B. Councilmember Romero
. Westside Health Care Task Force (Councilmember Alves alternate) C. Councilmember Farinha
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
D. Mayor Pro Tem Roque
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
. Workforce Development Board (Mayor Clauzel alternate) E. Mayor Clauzel
. Stanislaus County Mayor's Meeting
. StanCOG (Mayor Pro Tem Roque alternate)
. League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)

8. Other Matters

9. 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 September 14, 2023.

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 8/17/2023 11:13 AM
City Of Patterson
Special Meeting/Closed Session Minutes
August 15, 2023
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Michael Clauzel
City Council
Shivaugn Alves, District A
Jessica Romero, District B
Dominic Farinha, District C
Carlos Roque, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Present
Jessica Romero District B Present
Dominic Farinha District C Absent
Carlos Roque District D Present
The special hybrid (Closed Session) meeting of the City Council of the City of Patterson was called to order in the City of Patterson, City Council Chambers, 1 Plaza, Patterson at 6:00 p.m. by Mayor Clauzel.

City Staff Present:

1. City Manager Irwin

2. City Attorney Goldstein
The City Council will adjourn to Closed Session to address the following:
a. Conference with Legal Counsel - Anticipated litigation pursuant to Government Code Section 54956.9(d)(2): 2 cases

2. Statements of Conflict
None.

3. Items from the Public
None.

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

5.2 Packet Pg. 5
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 8/17/2023 11:13 AM

5. Report from Closed Session (if any)
At 7:01 p.m., Mayor Clauzel announced that regarding Item No. 1a, the City Council provided direction to staff.

6. Adjournment
There being no further business, the special (Closed Session) hybrid meeting of the City Council of the City of Patterson of August 15, 2023 was adjourned at 7:01 p.m.

Approved by the Patterson City Council on September 19, 2023.

5.2 Packet Pg. 6
Minutes Acceptance: Minutes of Aug 15, 2023 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 8/22/2023 10:56 AM
City Of Patterson
Regular Meeting Minutes
August 15, 2023
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Michael Clauzel
City Council
Shivaugn Alves, District A
Jessica Romero, District B
Dominic Farinha, District C
Carlos Roque, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived Departed
Michael Clauzel Mayor Present
Shivaugn Alves District A Present 7:52 P.M.

Jessica Romero District B Present
Dominic Farinha District C Present
Carlos Roque District D Present
The regular meeting of the City Council of the City of Patterson of August 15, 2023 was called to order in the City of Patterson at 7:02 by Mayor Clauzel.

City Staff Present:

1. City Manager Irwin

2. City Attorney Goldstein

3. IT Manager Ford

4. Fire Chief Hakola

5. City Engineer Ulloa

6. Public Works Director Willett

7. Finance Director Riedeman (Remote)

8. Senior Code Enforcement Officer Gomez

9. Police Chief Clayton

10. Recreation and Community Services Director Flanders (remote)

11. Human Resources Director Guillory-Jones (remote)

12. Projects Manager Ferriera (remote)

13. Recreation & Community Services Administrative Manager Hernandez (remote)

14. Community Development Director Stice (remote)

15. City Clerk Alegre

5.3 Packet Pg. 7
Minutes Acceptance: Minutes of Aug 15, 2023 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 8/22/2023 10:56 AM

2. Pledge of Allegiance

3. Statements of Conflict
Councilmember Alves recused herself from Item No. 8.1 and Item No. 8.2

4. Certificates

4.1. Parks Recreation and Beautification Award
Parks, Recreation & Beautification Commission Members Weyhrauch and Virgen presented the certificate to Village Skate Shop & The Village Team.

Village Skate Shop was also presented with certificates from the offices of Assemblymember Juan Alanis and Congressman John Duarte.

5. Presentation

5.1. CARE Team and Cambridge Academies Presentation (Cambridge Academies Executive Director, Geni Boyer)
Hallie Van Deventer, Director of Homeless Services reviewed her Cambridge Academies presentation.

Raul Dominguez, Stanislaus County’s Community Assessment Response and Engagement (CARE) Manager reviewed his CARE Team presentation.

Moment of silence requested by Mayor Clauzel for lives lost due to homelessness.

6. Items from the Public
Justin Farkas, Field Representative with the Office of Senator Alanis - addressed City Council to provide a legislative update.

Adolfo Virgen, Parks, Recreation & Beautification Commission Member - addressed City Council to thank Village Skate Shop & The Village Team as well as Parks, Recreation & Beautification Commission member Kandace Weyhrauch for getting the awards to the community project going. Mr. Virgen also addressed the upcoming Parks, Recreation & Beautification Commission meeting on August 16, 2023. Mr. Virgen also addressed the Parks, Recreation & Beautification Commission survey conducted at the Back-to-School event, and the need for recreational activities as the city grows.

Susan Sawyer, Patterson Librarian- addressed City Council to provide an update on upcoming library services, events and hours.

Kandace Weyhrauch, Patterson Resident - addressed City Council to thank everyone involved in the National Night Out event. Special thanks to Code Enforcement, Police and Fire Department.

7. Consent Calendar
Councilmember Farinha motioned to approve Consent Calendar Items 5.1 through 5.9. The motion was seconded by Councilmember Alves and unanimously approved by a 5-0 roll call vote.

RESULT: ADOPTED
MOVER: Farinha
SECONDER: Alves
AYES: Clauzel, Alves, Romero, Farinha, Roque

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

5.3 Packet Pg. 8
Minutes Acceptance: Minutes of Aug 15, 2023 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 8/22/2023 10:56 AM

7.2. Approve Minutes of Regular Meeting - July 18, 2023 (7:00 PM)

7.3. Approve Street Closure for Farm to Fork Dinner Fundraiser event for the City of Patterson, Youth and Senior Scholarship Program, Downtown on Saturday, September 9, 2023.

7.4. Approve Resolution No. 2023-40, Approving the State Department of Transportation (Caltrans) Master Agreement No. 10-5244S21 and Program Supplemental Agreement No. A193 for the Intersection at Sperry Avenue and Highway 33 Project HSIPSL-5244 (042), and Authorize the City Manager to Execute the new Master Agreement, the Program Supplement Agreement and all Future Documents for this Project on the City’s Behalf.

7.5. Approve Consulting Agreement with Stantec Consulting Services, Inc. for Design of Full Trash Capture System at Salado Creek and Olive Avenue Basin and Authorizing the City Manager or his Designee to Execute the Agreement in the Amount not to Exceed $200,000.

7.6. Approve Resolution No. 2023-41 Approving a Cost-Sharing Agreement for the San Joaquin Valley Storm Water Quality Partnership (SJVSWQP); Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City to Partner for Stormwater Management Activities for Cost Sharing Purposes.

7.7. Approve Resolution No. 2023-42, Authorizing the Acceptance of a Caltrans Department of Transportation Clean California Grant and Appropriate Grant Funds in the Amount of $8,028 to Reimburse City Expenses for the Community Recycling Day Event and Authorizing the Finance Department to Adjust the Fiscal Year 2023-24 Budget.

7.8. Approve the First Amendment to the Stanislaus Animal Services Agency Joint Powers Agency Agreement.

7.9. Approve the Job Description for a Full-Time Public Information Officer.

8. Public Hearing

8.1. City Attorney - Consideration of Appeal No. 23-01, By Central Valley-Sierra Associates Regarding (1) Resolution No. 2023-07 of the Patterson Planning Commission Revoking Conditional Use Permit No. 17-21 For Failure to Comply with Conditions of Approval; and (2) Resolution No. 2023-06 of the Patterson Planning Commission Recommending that the Patterson City Council Adopt an Ordinance Confirming the Termination of the Development Agreement By and Between the City of Patterson and Central Valley-Sierra Associates and Authorizing the Recording of a Notice of Termination.

Councilmember Alves recused herself from Items 8.1 and 8.2 City Attorney Goldstein made a recommendation to continue Items 8.1 and 8.2 to the next Regular City Council meeting of September 19, 2023.

5.3 Packet Pg. 9
Minutes Acceptance: Minutes of Aug 15, 2023 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 8/22/2023 10:56 AM
City Council consensus was to continue Items 8.1 and 8.2 to the September 19, 2023 Regular City Council meeting.

At 7:54 p.m. Mayor Clauzel opened the Public Hearing
Sean Kiernan, Member of the Public - addressed City Council in opposition of item.

Elliot Lewis, Member of the Public- addressed City Council in opposition of item.

Danielle, Community Organizer for Catalyst Cares - addressed City Council in opposition of item.

Camille Salas, Member of the Public - addressed City Council in opposition of item.

Jonathan Kandinsky, Member of the Public - addressed City Council in opposition of item.

Issa, Member of the Public - addressed City Council in opposition of item.

Member of the Public - addressed City Council in opposition of item.

Tyler Bierbaum, Member of the Public - addressed City Council in opposition of item.

Kevin, Member of the Public - addressed City Council in opposition of item.

Harman, Patterson resident - addressed City Council in opposition of item.

Paul Lambardo, Member of the Public - addressed City Council in opposition of item.

Daniel, Member of the Public - addressed City Council in opposition of item.

Mr. Fix It, Member of the Public - addressed City Council in opposition of item.

Sadie Shut, Owner of Catalyst - addressed City Council in opposition of item.

Jennifer Nasca, Member of the Public- addressed City Council in opposition of item.

Member of the Public - addressed City Council in opposition of item.

Adolfo Virgen, Patterson Resident - addressed City Council on the importance for the city to revisit fees/taxes for these types of businesses.

Sasha Brodsky, Member of the Public via Zoom - addressed City Council in opposition of item. .

5.3 Packet Pg. 10
Minutes Acceptance: Minutes of Aug 15, 2023 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 8/22/2023 10:56 AM
Abraham Gallegos, Member of the Public via Zoom - addressed City Council in opposition of item.

At 8:47 p.m. there being no further comments, Mayor Clauzel closed the item to public comments.

RESULT: CONTINUED TO SEPTEMBER 19, 2023 REGULAR CITY COUNCIL MEETING

8.2. City Attorney - Approve First Reading and Introduction of Ordinance No. 870, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Confirming the Termination of the Development Agreement By and Between the City of Patterson and Central Valley-Sierra Associates and Authorizing the Recording of a Notice of Termination.

City Attorney Goldstein made a recommendation to continue Items 8.1 and 8.2 to the next Regular City Council meeting of September 19, 2023.

City Council consensus was to continue Items 8.1 and 8.2 to the September 19, 2023 Regular City Council meeting.

At 8:48 p.m. Mayor Clauzel opened the item to public comments. There were no comments.

RESULT: CONTINUED TO SEPTEMBER 19, 2023 REGULAR CITY COUNCIL MEETING

8.3. City Attorney - Approve First Reading and Introduction of Ordinance No. 871, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, to Approve a Fourth Amendment to the Development Agreement By and Between the City of Patterson and Nucleus Homeopathics, Inc.

City Attorney Goldstein reviewed her report.

At 9:01 p.m. Mayor Clauzel opened the item to public comments.

Yvonne Reynolds, Patterson Resident - addressed City Council regarding all businesses being subject to taxes.

Sasha Brodsky, Member of the Public via Zoom - addressed the City Council regarding cannabis businesses should not have development agreements and be subject to regular taxes.

At 9:03 p.m. there being no further comments, Mayor Clauzel closed the item to public comments.

Mayor Pro Tem Roque motioned to approve first reading and introduction of Ordinance No. 871, Reading by Title Only, Waiving Further Reading. The motion

5.3 Packet Pg. 11
Minutes Acceptance: Minutes of Aug 15, 2023 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 8/22/2023 10:56 AM
was seconded by Councilmember Farinha and unanimously approved by a 4-0 roll call vote.

RESULT: APPROVED
MOVER: Roque
SECONDER: Farinha
AYES: Clauzel, Romero, Farinha, Roque
ABSENT: Alves

9. City Council Reports
A. Councilmember Alves
. Stanislaus Homeless Alliance (Councilmember Roque alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
B. Councilmember Romero
. Westside Health Care Task Force (Councilmember Alves alternate) Nothing to report.

C. Councilmember Farinha
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
Nothing to report.

D. Mayor Pro Tem Roque
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
Mayor Clauzel attended on behalf of Mayor Pro Tem Roque. Mayor Clauzel provided an update on the following:
- Mayor Pro Tem Roque was elected as chair to the Economic Development Action Committee . Workforce Development Board (Mayor Clauzel alternate) E. Mayor Clauzel
. Stanislaus County Mayor's Meeting
Mayor Clauzel provided an update on the following:
- Future Mayor's Night Out with the Modesto Nuts will begin next year in 2024 . StanCOG (Mayor Pro Tem Roque alternate)
Mayor Pro Tem Roque attended on behalf of Mayor Clauzel. Mayor Pro Tem Roque provided an update on upcoming projects throughout California and funding.

5.3 Packet Pg. 12
Minutes Acceptance: Minutes of Aug 15, 2023 7:00 PM (Consent Calendar) City of Patterson Page 7 Updated 8/22/2023 10:56 AM
. League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)

10. Other Matters
Councilmember Romero gave a brief update on the Community Emergency Response Team (CERT), new classes to start on August 21, 2023 and August 28, 2023 at MJC Regional Fire Training Center.

Mayor Clauzel provided an update on the following:
- Push-in event for the brand-new fire engine at 10:00 a.m. on Wednesday, August 16, 2020 at Fire Station 51 inauguration of new fire engines
- Grand opening of Grocery Outlet
- Update on street projects
- Fitness court opening soon on August 23, 2023 at 9:00 a.m. - Zacharias project update
- Thanks to the community for all their support
- Thanks to all public safety personnel and veterans

11. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of August 15, 2023 was adjourned at 9:13 p.m.

Approved by the Patterson City Council on September 19, 2023.

5.3 Packet Pg. 13
Minutes Acceptance: Minutes of Aug 15, 2023 7:00 PM (Consent Calendar) City Council
Special Meeting (Workshop) http://www.ci.patterson.ca.us/ ~ Minutes ~ City Clerk
209-895-8014
Tuesday, August 29, 2023 7:00 PM Council Chambers
City Council Page 1 Printed 9/8/2023

1. Call to Order
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Shivaugn Alves District A Present
Jessica Romero District B Excused
Dominic Farinha District C Excused
Carlos Roque District D Present
The joint special meeting workshop of the City Council and Planning Commission of the City of Patterson was called to order in the City of Patterson, City Council Chambers, 1 Plaza, Patterson at 7:00 p.m. by Mayor Clauzel.

Planning Commission Members Present:

1. Ron West

2. Eric Bendix

3. Michael Sidhu

4. Dianna Anderson

5. Lynn Apland
City Staff Present:

1. City Manager Irwin

2. Fire Chief Hakola

3. Police Deputy Denton

4. Recreation & Community Services Director Flanders (remote)

5. Finance Director Riedeman (remote)

6. Community Development Director Stice

7. City Engineer Ulloa

8. Human Resources Director Guillory-Jones

9. Deputy City Clerk Mandujano

10. City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict
None.

5.4 Packet Pg. 14
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) Special Meeting (Workshop) Minutes August 29, 2023
City Council Page 2 Printed 9/8/2023

4. Items from the Public
Cheryl Lex, Patterson Resident - addressed City Council to express her appreciation for everyone involved in the National Night out event. Ms. Lex also wanted to thank Mayor Clauzel for cleaning C Street.

5. Presentation
Development Director Stice and RRM Design Group Consultants Debbie Rudd, Debbie Jewell and Simon Andrews reviewed their presentation.

City Council discussed the following:
- stage
- stationary garbage cans
- community garden maybe not a good fit for this project - recreational features
- food trucks
- ways to keep public restrooms clean
-sports amenities
Planning Commission discussed the following:
- lack of enough space downtown for facilities
- community garden not a good fit
- first aid station
Kandace Weyhrauch, Patterson Resident - addressed City Council and Planning Commission regarding the community survey. Ms. Weyhrauch also addressed the community garden not being a good fit for downtown and the need to have parks with bathrooms.

Janice James, Patterson Resident - addressed City Council and Planning Commission regarding the division of downtown and the other side over the train tracks making it hard to include in the plan, she also addressed the historical value and speed on Highway 33.

Melissa Hamilton, Patterson Resident - addressed City Council and Planning Commission regarding parking downtown.

Pam Parker Thorkelsen, Patterson Resident - addressed City Council and Planning Commission regarding the need for a downtown with an old time feel, family area, music, movies, things that involve the community and keeping Patterson quaint with small shops.

Gateway Monument and Downtown Logo input from council:
• Mayor Pro Tem Roque addressed the palm fronds and his preference for option 1 • Councilmember Alves addressed the mission style of the entry way and the downtown logo is small and does not like the wire feature of option 1. • Mayor Clauzel addressed the gateway monument and his preference for option 1 for the downtown logo.

Kandace Weyhrauch, Patterson Resident - addressed City Council and Planning Commission regarding the lack of new options for the gateway monument, not in favor of any of the options;

5.4 Packet Pg. 15
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) Special Meeting (Workshop) Minutes August 29, 2023
City Council Page 3 Printed 9/8/2023
she would like to see it in black iron. She also stated she is in favor of the current downtown logo.

Armin Arrambide, Patterson Resident- addressed City Council and Planning Commission regarding concerns over possible graffiti problems with the gateway monument.

Pat Maisetti, Patterson Resident - Monument date of incorporation, and graffiti concerns.

Melissa Hamilton, Patterson Resident - addressed City Council and Planning Commission regarding black iron for entryway looks classic.

Councilmember Alves - addressed not being in favor of the palm fronds.

Larry Buehner, Patterson Resident - addressed City Council and Planning Commission regarding the need for the gateway monument to be wider to accommodate traffic.

Consultants addressed the graffiti issue.

Council addressed directory signs to include digital option.

Maria Gabriel, Patterson Resident - addressed City Council and Planning Commission regarding information on signage to include history of Native Americans in the Central Valley and in Patterson.

Cynthia Homen, Patterson Resident - addressed City Council and Planning Commission regarding the use of QR codes at the bottom of the signs to provide more information.

Planning Commission addressed the following:
- Need for murals downtown
- Need for more diversity downtown
Kandace Weyhrauch, Patterson Resident - addressed City Council and Planning Commission regarding Parks, Recreation & Beautification Commission working on a mural for the downtown area.

Clarification from City Council regarding the Gateway Monument:
- update colors and palm fronds
- change green color to black
- add the date of incorporation
- different wrought iron design in place of the fronds
- go back to the drawing board keeping the structure the same Jackie Plaza, Patterson Resident - addressed City Council and Planning Commission regarding community members submitting ideas for a logo.

Pat Maisetti, Patterson Resident- addressed City Council and Planning Commission regarding in favor of the original current sign.

Clarification from City Council on Downtown Logo:

5.4 Packet Pg. 16
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) Special Meeting (Workshop) Minutes August 29, 2023
City Council Page 4 Printed 9/8/2023
- facelift to the old sign one, lettering as an option.

Council feedback on bike and pedestrian focus streets:
- like one way lane to close streets for events
- traffic concerns
- Las Palmas Avenue, a better placement for bike lanes
Planning Commissioner addressed the following:
- one-way streets will be the only way to make the design work. - In support of one-way streets.

Janice James, Patterson Resident - addressed City Council and Planning Commission in support of one-way street with angled parking.

Lisandro, Patterson Resident - addressed City Council and Planning Commission regarding the need for change and in support of one-way streets.

City Council discussed the following regarding Circulation Plan:
- Parking concerns near the circle
- two-way streets and bike lanes
- Continue to research the one-way streets
Planning Commissioner Apland addressed concerns with traffic with parking around the circle.

Yvonne Reynolds, Patterson Resident - addressed City Council and Planning Commission in support of the lighting ideas and in opposition of using Caltrans sign for notices.

Lisandro, Patterson Resident - addressed City Council and Planning Commission regarding the need for traffic lights or stop signs at the intersections of Highway 33 and Salado Avenue and also at Del Puerto Avenue and West Las Palmas Avenue.

Pat Maisetti, Patterson Resident - addressed City Council and Planning Commission regarding truck routes.

City Manager Irwin addressed traffic study.

Planning Commissioner Bendix addressed the angled parking to be on both sides of the street.

Larry Buehner, Patterson Resident - addressed City Council and Planning Commission regarding the width of the streets, parking needs and traffic concerns.

Councilmember Alves addressed the need for future planning, businesses, incentives to invest in downtown.

Larry Buehner, Patterson Resident - addressed City Council and Planning Commission regarding moving the downtown core further south on 1st Street.

6. Other Matters

5.4 Packet Pg. 17
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) Special Meeting (Workshop) Minutes August 29, 2023
City Council Page 5 Printed 9/8/2023
Councilmember Roque addressed the meeting with Mi Familia in Turlock to bring mobile healthcare units to Patterson.

Mayor Clauzel addressed construction on Sperry Avenue and asked everyone to be patient.

7. Adjournment
There being no further business, the joint special meeting workshop of the Patterson City Council and Patterson Planning Commission of August 29, 2023 was adjourned at 9:50 p.m.

Approved by the Patterson City Council on September 19, 2023.

5.4 Packet Pg. 18
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) file:///V/meeting_saved_chat%208-29-23.txt[9/8/2023 11:48:55 AM] 19:42:14 From Cee Cee Howell to Everyone:

Zoomed hears and sees all
19:42:20 From Cee Cee Howell to Everyone:

Zooms
19:43:57 From Angela B to Everyone:

The link to the pdf file of the presentation:
https://www.ci.patterson.ca.us/DocumentCenter/View/10619/Patterson-Joint-StudySession_82923_REDUCED 19:51:56 From Angela B to Everyone:

Agree, this Downtown space is probably not ideal for a community garden 19:52:49 From M to Everyone:

Reacted to "Agree, this Downtown…" with 19:52:49 From Cee Cee Howell to Everyone:

Would you please clarify "community garden"? Are we talking about a garden that requires tending and harvesting?
19:53:41 From Nancy to Everyone:

Reacted to "Agree, this Downtown…" with
19:53:45 From Julie S to Everyone:

Reacted to "Agree, this Downto..." with
19:55:01 From T2 to Everyone:

I agree with the speaker that food vendors may not be ideal for the downtown area, especially when in my opinion we want more brick and mortar vendors
19:55:32 From Angela B to Everyone:

Reacted to "I agree with the spe…" with
19:55:39 From Kurtis B. to Everyone:

If the public bathrooms need to be factored in, the ones next to the bus stop need to be catered to as the windows are completely shattered there…
19:56:55 From T2 to Everyone:

Smaller sporting activities are what i envision as being suitable in size for the downtown area i.e. corn hole, horseshoe, etc.
19:57:07 From Kurtis B. to Everyone:

Would there any competition with the Fruit Yard Amphitheatre in Modesto if that were in talks? 19:57:28 From M to Everyone:

Removed a reaction from "Agree, this Downtown…"
19:57:36 From M to Everyone:

Reacted to "Agree, this Downtown…" with 19:58:59 From Cee Cee Howell to Everyone:

If community garden means tending and harvesting, it should not be downtown. 20:01:06 From Nancy to Everyone:

Reacted to "If community garden …" with
20:01:08 From M to Everyone:

Reacted to "If community garden …" with
20:01:28 From Angela B to Everyone:

Reacted to "If community garden …" with 20:02:01 From Cee Cee Howell to Everyone:

Reacted to "If community garden ..." with
20:02:10 From Kurtis B. to Everyone:

CVS has all of that on Sperry & Ward. We don’t need to pour resources for a first aid station if you’re able to have it all yourself in a handbag or stroller.
20:02:12 From Cee Cee Howell to Everyone:

Removed a reaction from "If community garden ..."
20:02:22 From Angela B to Everyone:

Yes, consider restrooms with solutions
20:02:59 From Cee Cee Howell to Everyone:

Reacted to "I agree with the spe..." with
Zoom Chat Comments 5.4
Packet Pg. 19
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) file:///V/meeting_saved_chat%208-29-23.txt[9/8/2023 11:48:55 AM] 20:03:56 From Julie’s iPhone to Everyone:

I don’t see accommodations for bicycling.
20:04:30 From Mayra Arias to Everyone:

I agree for more restrooms in downtown just keep in mind about homeless may want to be in them.

Maybe we can have ones like in San Francisco that open only if you pay? 20:05:21 From Angela B to Everyone:

Bicycling is accommodated on a later layout of the plan 20:05:52 From Kurtis B. to Everyone:

There are not enough or really any local businesses that could really bring in the need for a hotel. 20:06:39 From Cee Cee Howell to Everyone:

Mr Apland's audio is very low, we cannot clearly hear him 20:06:54 From Angela B to Everyone:

First street area is not ‘downtown’ I dont understand how that would transfer. People have to walk across a highway and a train track to get to the ‘downtown’ 20:07:02 From Cee Cee Howell to Everyone:
20:08:02 From Julie’s iPhone to Everyone:

We beed dome sort of safe passage across hiway 33 into downtown 20:09:03 From Angela B to Everyone:

I agree those items are great - on the west side of 33
20:09:08 From Mayra Arias to Everyone:

Agree with Angela First Street is not downtown
20:09:57 From Sherry Allmon to Everyone:
1st IS NOT DOWNTOWN
20:10:00 From Angela B to Everyone:

Allllll the things
20:10:21 From Angela B to Everyone:

Reacted to "1st IS NOT DOWNTOWN" with
20:11:06 From Julie S to Everyone:
survey? how can the community access to the survey?
20:11:53 From Julie’s iPhone to Everyone:

Agree with Kandace there
20:11:55 From Angela B to Everyone:

The surveys have already been sent out in the past, there may be more coming up. 20:13:22 From Mayra Arias to Everyone:

Yes, Speed on 33 is horrible
20:18:44 From Kurtis B. to Everyone:

We do not need a parking structure. If you park on the outskirts of downtown, it gives you plenty of opportunity to explore the business that are there and to walk around to enjoy Patterson. 20:18:49 From Angela B to Everyone:

Yes, parking is already limited, and on the later slides the parking is reimagined - looks like less 20:18:54 From Mayra Arias to Everyone:

Didn’t the owner from Ford just retired? Maybe he would want to sell is property (Not sure if he owns it)? That could be use for parking?
20:19:09 From Sherry Allmon to Everyone:

Owned by the railroad
20:19:09 From Angela B to Everyone:

That land is railroad land
20:19:43 From Yolanda Magana to Everyone:

We can always open a position for a restroom / park attendant. Some larger cities with active, large downtown parks have this. The restrooms are monitored by an attendant. We would have to do something to keep homeless out.
20:21:22 From Kurtis B. to Everyone:

Replying to "We can always open a..."
The attendant would need to be a security guard so they are able to fend off in the case of a dangerous situation.

5.4 Packet Pg. 20
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) file:///V/meeting_saved_chat%208-29-23.txt[9/8/2023 11:48:55 AM] 20:22:23 From Yolanda Magana to Everyone:

Agree. More sports things will be added into Centennial Park. Keep downtown for open space events & walking & gathering.
20:23:40 From Cee Cee Howell to Everyone:

Love that gateway monument!
20:23:55 From Angela B to Everyone:

I love how this would coordinate with the bell tower theme like would get used over in centennial park. 20:24:38 From Sherry Allmon to Everyone:

Where are the signs to be placed???
20:25:35 From Patterson Promotora Jazmin to Everyone:

Si me gusta opción 1
20:25:41 From Yolanda Magana to Everyone:

No one likes that logo
20:27:31 From Patterson Promotora Jazmin to Everyone:

Para la entrada 2023
20:28:03 From Patterson Promotora Jazmin to Everyone:

Con la campana
20:28:39 From Angela B to Everyone:

So this uses the frame - which I like -
20:29:20 From Kurtis B. to Everyone:

The white would need be more of an off-white to show the age but also emphasize on “historic”. 20:31:24 From Kurtis B. to Everyone:

There would be graffiti anywhere, such as the already existing public bathroom that’s closed... 20:31:36 From Angela B to Everyone:

Reacted to "There would be graff…" with
20:32:06 From Angela B to Everyone:

That’s a good idea, the year of incorporation
20:34:01 From Samantha Kay to Everyone:

If I'm not mistaken, there may be an anti-graffiti paint that could be used on the columns. 20:34:28 From Angela B to Everyone:

Reacted to "If I'm not mistaken,…" with
20:35:07 From T2 to Everyone:

If you go with a simpler sign for the town, in black some sort of lighting would be needed to illuminate “patterson”
20:35:41 From Kurtis B. to Everyone:

Just be aware that incorporating being simple is what corporations do as a minimalistic factor and it strips the personality of their products. Doing the same for the sign will make the town appear less significant.
20:35:52 From Angela B to Everyone:

Reacted to "Just be aware that i…" with
20:36:32 From Julie S to Everyone:
i like the sign, but i am concern with the arc. we have a lot of rig truck going back and forth in Patterson. would be hard for their maneuring/
20:36:40 From Angela B to Everyone:

I like the palm leaf motif; I think this is a great design with the addition of a year 20:36:40 From T2 to Everyone:

Replying to "If you go with a sim…"
Illuminate “patterson” sign in the evenings
20:37:38 From Patterson Promotora Jazmin to Everyone:

Drc 2 dec 2022 me gusta
20:37:43 From Gladys to Everyone:

Reacted to "Just be aware that i..." with
20:38:28 From Angela B to Everyone:

That would be nice to highlight historical facts.
20:38:59 From Angela B to Everyone:

Oh!! Digital would be amazing, updated event calendars
20:39:25 From Sherry Allmon to Everyone:

5.4 Packet Pg. 21
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) file:///V/meeting_saved_chat%208-29-23.txt[9/8/2023 11:48:55 AM] Directional signs are great but... What are they directing to?? 20:40:46 From Angela B to Everyone:

Option - it would be great for the festivals or events going on Or like she is saying, digital with historical notes
20:42:12 From Patterson Promotora Jazmin to Everyone:

Estoy de acuerdo y que también pongan como llegar al del puero canyon 20:42:45 From Angela B to Everyone:

Reacted to "Estoy de acuerdo y q…" with
20:42:48 From Patterson Promotora Jazmin to Everyone:

Si murales culturales
20:42:56 From Angela B to Everyone:

Reacted to "Si murales culturale…" with
20:43:16 From T2 to Everyone:

As part of the city’s plan to incorporate art installations incorporate the Native American history contributions and culture (as well as other culture)
20:43:35 From Angela B to Everyone:

Reacted to "As part of the city’…" with
20:43:56 From Sherry Allmon to Everyone:

We are multicultural
20:44:21 From Kurtis B. to Everyone:

What are we talking about?
20:44:21 From Patterson Promotora Jazmin to Everyone:

Y agregar la historia del canyon
20:45:20 From Gladys to Everyone:

Reacted to "What are we talking ..." with
20:45:37 From Patterson Promotora Jazmin to Everyone:

Es que no supieron aplicar
20:46:37 From Yolanda Magana to Everyone:

And if it’s digital, we can change QR code info to do Holiday scavenger hunts for kids 20:46:54 From Angela B to Everyone:

Reacted to "And if it’s digital,…" with
20:48:28 From Patterson Promotora Jazmin to Everyone:

También se puede pedir voluntarios para el mural
20:48:33 From Oscar Est to Everyone:

Who pays for these banners? Or any of this * enhancements*? 20:50:03 From Kurtis B. to Everyone:

The arch is fine, it just needs some tweaking in some way to bring balance of modernization and presenting historical value
20:50:16 From Gladys to Everyone:

Reacted to "The arch is fine, it..." with
20:50:23 From Angela B to Everyone:

We do
20:50:30 From Angela B to Everyone:

Reacted to "The arch is fine, it…" with
20:52:20 From Sherry Allmon to Everyone:

Where is gateway to be placed????
20:52:24 From Oscar Est to Everyone:
* Welcome to Patterson *
20:52:50 From Angela B to Everyone:

The gateway is at the intersection, like where they put the banners 20:52:59 From Julie S to Everyone:
i like the final one
20:53:10 From Samantha Kay to Everyone:

Final one
20:53:10 From Angela B to Everyone:

Just inside the park area on 33
20:54:02 From Oscar Est to Everyone:

5.4 Packet Pg. 22
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) file:///V/meeting_saved_chat%208-29-23.txt[9/8/2023 11:48:55 AM] They need more color
20:54:05 From Kurtis B. to Everyone:

The consensus should be heard entirely instead of just hoping that your own answer will be agreed upon. Flexibility is key.
20:54:53 From Sherry Allmon to Everyone:

Just a thought... Can a semi pass underneath gateway sign?? 20:55:18 From Oscar Est to Everyone:

I do not agree we need to move forward
20:55:18 From Angela B to Everyone:

Semis are not allowed on Las Palmas
20:55:52 From Kurtis B. to Everyone:

Does the chat need count as the consensus? lol
20:55:53 From Angela B to Everyone:

Keep the old sign for the circles
20:56:06 From Angela B to Everyone:

Yes it’s on record Kurtis
20:56:23 From Sherry Allmon to Everyone:

Replying to "Semis are not allowe..."

May not be allowed but it will happen!!!
20:56:46 From Kurtis B. to Everyone:

Reacted to "Yes it’s on record K..." with
20:57:03 From Angela B to Everyone:

Replying to "Semis are not allowe…"
LoL they best have good insurance then so they can replace it 20:58:02 From Oscar Est to Everyone:

Can we get some new people here making these changes, no disrespect but if a city wants to grow the old ways of thinking might not work. We are building for the future not the past. 21:00:17 From Kurtis B. to Everyone:

Take the traffic of Highway 33 into accountability.
21:00:56 From Oscar Est to Everyone:

Bicycle? Please don't make the lanes smaller to accommodate the total of 11 people who ride bikes. 21:02:13 From Kurtis B. to Everyone:

Only do one-way streets for events, period. We are not Seattle. 21:02:30 From Oscar Est to Everyone:

Replying to "Only do one-way stre..."

Exactly
21:02:44 From Samantha Kay to Everyone:

No one-way streets. That will cause more traffic.
21:02:56 From Kandace’s iPhone to Everyone:

No one way streets.
21:03:05 From Sherry Allmon to Everyone:

You need businesses before traffic or pedestrian directions can be created 21:03:09 From Kandace’s iPhone to Everyone:

People already don’t understand round snouts.
21:03:14 From Kandace’s iPhone to Everyone:

Abouts
21:03:33 From Oscar Est to Everyone:

I don't understand snouts
21:03:47 From Kandace’s iPhone to Everyone:

Reacted to "I don't understand s…" with
21:03:50 From Angela B to Everyone:

I think the one way idea really should be considered. It’ll be a sh*^show for a while, but think about how much space that frees up.
21:04:32 From Angela B to Everyone:

The roundabouts are crappy, maybe the one way would help the flow be more obvious

5.4 Packet Pg. 23
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) file:///V/meeting_saved_chat%208-29-23.txt[9/8/2023 11:48:55 AM] 21:04:37 From Sherry Allmon to Everyone:

No one way. Traffic congestion would back to much in small downtown 21:04:52 From Kurtis B. to Everyone:

Are the people that are deciding on this even from Patterson? Have they gone through and experience these roads before creating controversy for a road that they won’t drive on. The city of Folsom does one way roads ONLY for events, because there is 5pm traffic that still needs to flow through. 21:04:56 From Oscar Est to Everyone:

Who is this lady talking to?
21:05:14 From Angela B to Everyone:

The streets they’re picking for one way are not backed up streets, look at all that space!! 21:05:42 From Angela B to Everyone:

These are consultants
Redesigning like this is their job
21:06:22 From Angela B to Everyone:

So no: they don’t know what it’s like to live here, and that’s why our input is needed 21:06:44 From Kurtis B. to Everyone:

The problem is if there are events that garner traffic, all of the traffic from Highway 33 will cause it to congest, which is why I’m against closing the road altogether 21:06:46 From Oscar Est to Everyone:

Can anyone even understand what she is talking about?
21:07:12 From Angela B to Everyone:

Reacted to "The problem is if th…" with
21:07:36 From Oscar Est to Everyone:

Reacted to "The problem is if th..." with
21:07:41 From Kurtis B. to Everyone:

That’s good. Maybe I can check my hair in the other person’s mirror in the tight road. 21:08:28 From Oscar Est to Everyone:

NO ONE RIDES BIKES THAT OFTEN TO MAKE CHANGES THIS IS NOT SAN FRANCISCO 21:09:03 From Kurtis B. to Everyone:

We need to introduce car lanes to bike roads in about 10 years... 21:10:30 From Kurtis B. to Everyone:

I totally forgot about school traffic. That’s a major issue. Especially if that coincides with public events. 21:11:15 From Sherry Allmon to Everyone:

Reacted to "I totally forgot abo..." with
21:11:52 From Angela B to Everyone:

I feel like the bicycle lanes are not representative of our town, even with the increase in bike traffic after COVID we don’t have huge bike traffic.
21:12:07 From Oscar Est to Everyone:

Reacted to "I feel like the bicy..." with
21:12:54 From Oscar Est to Everyone:

Can someone tell me who these people are talking to? How do they get the public's opinion? 21:13:09 From Angela B to Everyone:

I feel one way traffic on the proposed lanes is a consideration we should investigate. Traffic study would be jet.
21:13:12 From Angela B to Everyone:

Key
21:13:54 From Kurtis B. to Everyone:

School traffic + highway traffic + one way roads = recipe for disaster for public events. 21:14:08 From Oscar Est to Everyone:

Reacted to "School traffic + hig..." with
21:14:14 From Sherry Allmon to Everyone:

Reacted to "School traffic + hig..." with
21:14:35 From Oscar Est to Everyone:

Don't miss your road then Jesus Christ Pay attention
21:14:55 From Kurtis B. to Everyone:

Plus if there were an accident, now the road is closed altogether. More traffic. Good luck@ 21:14:58 From Kurtis B. to Everyone:

5.4 Packet Pg. 24
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) file:///V/meeting_saved_chat%208-29-23.txt[9/8/2023 11:48:55 AM] luck!*
21:14:59 From Angela B to Everyone:

The school traffic already needs a study done all on itself - that’s INSANE 21:15:49 From Sherry Allmon to Everyone:

Reacted to "The school traffic a..." with
21:15:56 From Samantha Kay to Everyone:

Reacted to "The school traffic a..." with
21:16:50 From Kurtis B. to Everyone:

Wow. Does she drive too?
21:17:44 From Oscar Est to Everyone:
21:18:49 From Kurtis B. to Everyone:

This isn’t New York! It’s great on paper but not in execution. Sorry. Especially with a massively growing population.
21:21:44 From Kurtis B. to Everyone:

What a mess.
21:23:26 From Oscar Est to Everyone:

I'm just here to understand why nothing ever gets done and this has really opened my eyes as to the priorities these people have. Thanks.
21:24:30 From Angela B to Everyone:

I love a sidewalk buffer idea.

Narrower or more defined lanes might help drivers
21:24:44 From Kurtis B. to Everyone:

Why do we need parking on the inner circle……….??
21:25:08 From Kandace’s iPhone to Everyone:

It’s frustrating that it seems as though they didn’t take the feedback from the community for all the past meetings. Why did we all waste our time with those meetings if they weren’t taken seriously? 21:25:15 From Angela B to Everyone:

The lighting would be pretty.
21:25:55 From Kandace’s iPhone to Everyone:

Replying to "Why do we need parki…"
I actually parked at the inner circle tonight for the council meeting bc it’s dark downtown and I didn’t wanna park far and walk to city hall.
21:26:20 From Kurtis B. to Everyone:

Replying to "It’s frustrating tha..."
They already have the money for their plan and is hoping everyone agrees to it, which is unfortunate. 21:26:30 From Oscar Est to Everyone:

Who? Who uses the bike lanes? 3 people here in Patterson? 21:27:31 From Kurtis B. to Everyone:

Replying to "Who? Who uses the bi..."
Tourists, which is who the consultants are catering to… 21:28:06 From Kurtis B. to Everyone:

Kandace you are the voice of the community it seems!!
21:28:19 From Oscar Est to Everyone:

Hahahahaha
21:29:19 From Sherry Allmon to Everyone:

Want to see all feedback from previous meeting s.
21:29:48 From Kurtis B. to Everyone:
“We understand that there is some objection to this plan and that people prefer the original, so here’s 45 alternatives to our plan that we already have the money for.” 21:30:55 From Angela B to Everyone:

You think this takes long???
Just wait until it actually has to get done
They are just creating a PLAN that we would then follow. 21:31:32 From Kandace’s iPhone to Everyone:

5.4 Packet Pg. 25
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) file:///V/meeting_saved_chat%208-29-23.txt[9/8/2023 11:48:55 AM] The downtown revitalization committee gave feedback in meetings with community input and it seems as though it feel on deaf ears.
21:32:20 From Angela B to Everyone:

A traffic study is needed for sure
21:32:33 From Kurtis B. to Everyone:

Their plan is to go through with their own ideas and not get input from the public. They clearly didn’t listen with prior meetings, what makes you think they’re going to listen to this one? They’re going to go ahead with their own idea because they’ve already got the funds for it. All you need now is to implement gentrification and it’ll end up like Sacramento.
21:33:14 From Kandace’s iPhone to Everyone:

Reacted to "Their plan is to go …" with
21:33:30 From aishahs to Everyone:

Yes, sounds like they already got it planned!!
21:33:50 From Kandace’s iPhone to Everyone:

Reacted to "Yes, sounds like the…" with
21:34:28 From Kurtis B. to Everyone:
“That’s an option we can look at for sure” AKA Nope!
21:34:33 From Sherry Allmon to Everyone:

Where is the funding coming from? What amount is the funding?? 21:34:36 From Angela B to Everyone:

Well if y’all had come out when Kandace called in the past…. 21:34:43 From Kandace’s iPhone to Everyone:

Reacted to "“That’s an option we…" with
21:35:44 From Angela B to Everyone:

There is no funding yet : this is only a PLAN
The next, next steps would be moving into a quote/bid for work and working it into the city budget 21:36:20 From Kurtis B. to Everyone:

Right, but they aren’t taking in notes that call for changes to the plan/ 21:36:32 From Angela B to Everyone:

We could forget the bicycles, imo
21:36:39 From Kandace’s iPhone to Everyone:

I was hopeful that this would be a productive meeting so I’m disappointed they didn’t seem to take any of the feedback. One the last meetings for downtown revitalization, they discussed this traffic and parking situation and the consensus was to not taking parking away so why is that even still an option? 21:37:18 From Kandace’s iPhone to Everyone:

Reacted to "You think this takes…" with
21:37:25 From Kandace’s iPhone to Everyone:

Reacted to "“We understand that …" with
21:37:41 From Sherry Allmon to Everyone:

WHAT ABOUT ONLINE COMMENTS!!!!
21:38:13 From Angela B to Everyone:

They’re going on record, it’s recorded
21:38:24 From Kandace’s iPhone to Everyone:

Replying to "Want to see all feed…"
It’s documented in the DRC meeting minutes and Planning Commission meeting minutes. As well as the last workshop.
21:39:41 From Angela B to Everyone:

A zoning type plan, yes. What businesses are we wanting/allowing/encouraging 21:40:10 From Julie S to Everyone:

Reacted to "A traffic study is..." with
21:40:31 From Angela B to Everyone:

And there it is.
21:40:42 From Kurtis B. to Everyone:

What???
21:41:00 From Angela B to Everyone:

Yes, the store makeup is critical to revitalization
21:41:48 From Angela B to Everyone:

5.4 Packet Pg. 26
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) file:///V/meeting_saved_chat%208-29-23.txt[9/8/2023 11:48:55 AM] Yes. Are rents too high? Buildings outdated…
21:41:58 From Samantha Kay to Everyone:

Reacted to "Yes. Are rents too h..." with
21:42:10 From Angela B to Everyone:

That will be s great report to read!!
21:43:07 From Angela B to Everyone:

What’s NOT in these buildings
21:43:11 From Kandace’s iPhone to Everyone:

Reacted to "What’s NOT in these …" with
21:43:17 From Angela B to Everyone:

Reacted to "What’s NOT in these …" with
21:44:01 From Angela B to Everyone:

That is a good question to toss to city council. What are they doing to help with seeding these properties with new businesses.
21:44:16 From Kurtis B. to Everyone:

What’s the point of having downtown accessibility when there’s nothing for people to access? 21:44:18 From Kandace’s iPhone to Everyone:

Replying to "What’s NOT in these …"
Don’t even get me started on the new “public safety center” taking up prime real estate downtown in the near future.
21:44:38 From Sherry Allmon to Everyone:

Replying to "Want to see all feed..."
If you dont have businesses or city buisinesses approval you have nothing!!!! 21:44:39 From Angela B to Everyone:

I don’t know that this plan is where those issues are at. 21:44:53 From Kandace’s iPhone to Everyone:

Reacted to "What’s the point of …" with
21:45:10 From Angela B to Everyone:

Reacted to "What’s the point of …" with
21:46:45 From Angela B to Everyone:

Thank you for your time tonight.
21:46:59 From Kurtis B. to Everyone:

Good luck on future meetings.
21:48:39 From Kurtis B. to Everyone:

Sigh…
21:48:50 From Julie S to Everyone:

I think the roundabout saves traffic lights in down town.

5.4 Packet Pg. 27
Minutes Acceptance: Minutes of Aug 29, 2023 7:00 PM (Consent Calendar) City of Patterson Page 1 Updated 9/8/2023 1:28 PM
City Of Patterson
Regular Meeting Minutes
September 5, 2023
City Manager
Ken Irwin
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Michael Clauzel
City Council
Shivaugn Alves, District A
Jessica Romero, District B
Dominic Farinha, District C
Carlos Roque, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Departed
Michael Clauzel Mayor Present
Shivaugn Alves District A Present
Jessica Romero District B Present 8:12 PM
Dominic Farinha District C Present
Carlos Roque District D Present
The regular hybrid meeting of the City Council of the City of Patterson of September 5, 2023 was called to order in the City of Patterson at 7:00 p.m. by Mayor Clauzel.

City Staff Present:

1. City Manager Irwin

2. City Attorney Goldstein

3. Police Chief Calyton

4. Fire Chief Gregory

5. Recreation & Community Services Director Flanders

6. Fire Chief Hakola

7. Finance Director Riedeman

8. Human Resources Director Guillory-Jones

9. City Engineer Ulloa

10. Public Works Director Willett (remote)

11. City Planner Rodriguez (remote)

12. Deputy City Clerk Mandujano

13. City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict

5.5 Packet Pg. 28
Minutes Acceptance: Minutes of Sep 5, 2023 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 9/8/2023 1:28 PM
None.

4. Proclamation

4.1. Proclamation - Child Cancer Awareness - (Mayor Clauzel) Mayor Clauzel presented the proclamation.

4.2. Proclamation - Juliene Flanders - (Mayor Clauzel)
Mayor Clauzel presented the proclamation to Recreation and Community Services Director Flanders.

4.3. Proclamation - Building and Code Staff Appreciation Day Mayor Clauzel presented the proclamation.

5. Presentation

5.1. Presentation - Stanislaus Council of Governments - The Unmet Transit Needs (Director of Mobility Programs, Jean Foletta)
Stanislaus Council of Governments, Director of Motility Programs, Jean Foletta reviewed her presentation.

City Council addressed the following:
- Reach out to healthcare providers in our area with this information. - Provide link to their website for services.

At 7:36 p.m. Mayor Clauzel opened the item to public comments.

Cheryl Lex, Patterson Resident - addressed City Council to encourage medical transportation services.

Jean Foletta and Alicia Rodriguez addressed MOVE Care Cruisers program.

6. Items from the Public
John Mataka, Greyson Neighborhood Council - addressed City Council regarding the Master Plan Special Meeting Workshop only in English, Spanish translation services were not provided. Mr. Tataka requested for a Spanish meeting to be held in the morning for those that were not able to attend.

Mayor Clauzel addressed Mr. Mataka's concerns. Meeting will be provided in Spanish.

Yvonne Reynolds, Patterson Resident - addressed City Council regarding easement on South of Del Puerto, concerns over weed growth. Ms. Reynolds also addressed the lack of play equipment for children at the park on Sunflower Drive.

Patterson Resident - addressed City Council regarding children in the area suffering from cancer. Thanks to Mayor Clauzel for presenting the proclamation to raise cancer awareness.

Pat Maisetti, Patterson Resident - addressed City Council regarding the lack of affordable housing.

5.5 Packet Pg. 29
Minutes Acceptance: Minutes of Sep 5, 2023 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 9/8/2023 1:28 PM
Mayor Pro Tem Roque addressed Ms. Maisetti's concerns. Upcoming San Joaquin Affordable Housing Summit on September 14th from 7:30 a.m. to 4:00 p.m. at the Double Tree hotel in Modesto.

Yesenia Hernandez, Program Specialist with Invest In Me - addressed City Council regarding upcoming workshop for suicide prevention month on Saturday September16th at the Hammon Senior Center from 8:30 a.m. to 1:00 p.m.

Albertina Reynoso, Promotoras Program- addressed City Council regarding suicide prevention week from September 10th to September 16th.

Kandace Weyhrauch, Patterson Resident - addressed City Council in appreciation for their support with the Childhood Cancer awareness proclamation. Ms. Weyhrauch also addressed the upcoming Ribbon Cutting ceremony at the Chamber Office on Thursday, September 7, 2023 at 5:30 p.m.

Gavin Kline, Field Representative with the Office of Congressman Duarte - addressed City Council and provided a legislative update.

Justin Farkas, Field Representative with the Office of Senator Alanis - addressed City Council and provided a legislative update.

7. Consent Calendar
Councilmember Farinha motioned to approve Consent Calendar Items 7.1 through 7.7. The motion was seconded by Councilmember Alves and unanimously approved by a 5-0 roll call vote.

RESULT: ADOPTED
MOVER: Farinha
SECONDER: Alves
AYES: Clauzel, Alves, Romero, Farinha, Roque

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

7.2. Adopt Resolution No. 2023-43 to Approve the Application for State of California Outdoor Equity Grant 2nd Round.

7.3. Approve Resolution No. 2023-44 approving the CDBG Consolidated Annual Performance and Evaluation Report for Fiscal Year 2022-2023.

7.4. Approve the proposal from Provost & Pritchard Consulting Group for the WM6B Waterline Replacement Project and the 9th Street Improvement Project and authorize staff to enter into a negotiated Consultant Agreement with a not to exceed cost of $286,184.

7.5. Approve the contract amendment from Consor North America, Inc. (formerly Quincy Engineering) for $433,600.00 for the Rogers Road Delta Mendota Canal Bridge Rehabilitation Project and authorize staff to enter into a negotiated Consultant Agreement with a total not to exceed cost of $433,600.00 for Phase II.

7.6. Approve Second Reading and Adoption of Ordinance No. 871 Reading by Title Only, Waving Further Readings, an Ordinance of the City Council of the City of Patterson approving the Fourth Amendment to the Development Agreement by and between the City of Patterson and Nucleus Homeopathics, Inc. and authorizing its recording.

5.5 Packet Pg. 30
Minutes Acceptance: Minutes of Sep 5, 2023 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 9/8/2023 1:28 PM

7.7. Approve the American Federation of State, County, and Municipal Employees (AFSCME) Local 10, Patterson Management and Mid-Management Employee Association (PMMEA), Patterson Fire Fighters Association IAFF Local 4577, and the Department Heads and Unrepresented Salary Schedules Effective July 1, 2023; the Revised Department Heads and Unrepresented Salary Schedule Effective July 1, 2022; and the Part-Time Salary Schedule Effective January 1, 2024.

8. Presentation/Action Item

8.1. Engineering, Building, and Capital Projects - Approve the City of Patterson's Local Road Safety Plan (LRSP) and authorize staff to implement the Safety Plan.

City Engineer Ulloa and Mark Doty, TJKM Consultant reviewed their presentation.

City Council addressed the following:
- Highway 33 and Ward Avenue improvement project
- area of concern by Apricot Valley Elementary school and American Eagle - Highway 33 and Ivy Avenue needs illumination at that intersection - add red paint to curbs/corners
- intersection of Ward Avenue and Highway 33 add dynamic and variable signs At 8:42 p.m. Mayor Clauzel opened the item to public comments.

Jaime Lister, Diablo Grande Resident - addressed City Council regarding concerns with I-5 off ramp onto Sperry Avenue.

Kandace Weyhrauch, Patterson Resident- addressed City Council to request that council review the survey that was provided to the public.

Yolanda Magana, Patterson Resident - addressed City Council regarding access to grants for traffic enforcement.

At 8:48 p.m. there being no further comments, Mayor Clauzel closed the item to public comments.

Councilmember Farinha moved to approve Item 8.1. The motion was seconded by Mayor Pro Tem Roque and unanimously approved by a 4-0 roll call vote.

RESULT: APPROVED
MOVER: Farinha
SECONDER: Roque
AYES: Clauzel, Alves, Farinha, Roque
EXCUSED: Romero

8.2. Fire Department - Approve Lease for the Purchase of Ladder Truck through Pierce Financial Solutions. By entering into this lease Pierce is providing a prepayment discount in the amount of $319,915.06.

5.5 Packet Pg. 31
Minutes Acceptance: Minutes of Sep 5, 2023 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 9/8/2023 1:28 PM
Fire Chief Gregory and Fire Chief Hakola reviewed their presentation.

At 8:54 p.m. Mayor Clauzel opened the item to public comments.

Kandace Weyhrauch, Patterson Resident - addressed City Council in favor of item

8.2. At 8:55 p.m. There being no further comments, Mayor Clauzel closed the item to public comments.

Councilmember Farinha moved to approve Item 8.2. The motion was seconded by Councilmember Alves and unanimously approved by a 4-0 roll call vote.

RESULT: APPROVED
MOVER: Farinha
SECONDER: Alves
AYES: Clauzel, Alves, Farinha, Roque
EXCUSED: Romero

9. City Council Reports
A. Councilmember Alves
Nothing to report.
. Stanislaus Homeless Alliance (Councilmember Roque alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Farinha alternate)
B. Councilmember Romero
. Westside Health Care Task Force (Councilmember Alves alternate) C. Councilmember Farinha
Nothing to report.
. San Joaquin Valley Air Pollution Control District (Councilmember Romero alternate)
D. Mayor Pro Tem Roque
Mayor pro Tem Roque addressed the Stanislaus County Economic Development Action Committee meeting on August 30th and upcoming meeting on October 4, 2023.
. (EDAC) Stanislaus County Economic Development Action Committee (Mayor Clauzel alternate)
. Workforce Development Board (Mayor Clauzel alternate)

5.5 Packet Pg. 32
Minutes Acceptance: Minutes of Sep 5, 2023 7:00 PM (Consent Calendar) City of Patterson Page 6 Updated 9/8/2023 1:28 PM
E. Mayor Clauzel
Nothing to report.
. Stanislaus County Mayor's Meeting
. StanCOG (Mayor Pro Tem Roque alternate)
. League of California Cities (Councilmember Farinha 1st alternate, Councilmember Alves 2nd alternate)

10. Other Matters
Councilmember Alves - looking forward to the farm to fork event.

Mayor Pro Tem Roque - thanks to all that attended and thanks to the Chief of Police as well as the Fire Department.

Mayor Clauzel addressed the following:
- September 8th is stand up to cancer day
- Prayer for the victims of the September 11, 2001 terrorist attack - Amazon is celebrating their 10-year anniversary on September 18, 2023 at 2:00 p.m., everyone is invited to attend the celebration at the Amazon parking lot.
- Sweet Escape Spa business approved
- Painting of light poles downtown
- Consent item 7.4, 9th street project moving forward

11. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of September 5, 2023 was adjourned at 9:00 p.m.

Approved by the Patterson City Council on September 19, 2023.

5.5 Packet Pg. 33
Minutes Acceptance: Minutes of Sep 5, 2023 7:00 PM (Consent Calendar) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: September 19, 2023
ITEM NO: 5.6
SUBJECT: Approve City Commission Reports for the Months of June, July and August 2023 (Parks, Recreation & Beautification Commission).

RECOMMENDATION
Motion to Approve City Commission Report for the Months of June, July and August 2023 (Parks, Recreation & Beautification Commission).

5.6 Packet Pg. 34
June 2023
Parks, Recreation & Beautification
Commission
Monthly Report
The following information is provided as an update regarding the Parks, Recreation & Beautification Commission meeting activities during the month of March and updates for previously approved projects.

Parks, Recreation & Beautification Commission meetings are held on the 3rd Wednesday of every month at 5:00 pm in the City Hall Council Chambers. 5-Member Commission
Commissioner Kandace Weyhrauch Term: May 2021-2023
Commissioner Adolfo Virgen Term: May 2022-2024
Commissioner Oscar Roman Term: May 2021-2023
Commissioner Renelle Layfield Term: May 2022-2024
Commissioner Vacant Term: May 2021-2023
Parks & Recreation & Beautification Commission Meeting:

The regular meeting scheduled for June 21, 2023 was held in person at 5:00 p.m. The agenda items are listed below.

1. Website Redesign Presentation

2. Parks, Recreation and Beautification Award

3. Wall Mural Project

4. Apricot Fiesta Review

5. Adding Shade to Parks

6. Commission Logo

7. Parks and Recreation Social Media Activity

8. Vice-Chair Election

9. Water Tower Mural

10.Back-to-School Block Party
Agendas & Minutes can be located on the city website under the agenda center.

The next regular meeting will be scheduled for July 19, 2023.The meeting will be held in person in the City Council Chambers.

5.6.a
Packet Pg. 35
Attachment: Monthly Commission Report JUNE 2023 (City Commission Reports) July 2023
Parks, Recreation & Beautification
Commission
Monthly Report
The following information is provided as an update regarding the Parks, Recreation & Beautification Commission meeting activities during the month of March and updates for previously approved projects.

Parks, Recreation & Beautification Commission meetings are held on the 3rd Wednesday of every month at 5:00 pm in the City Hall Council Chambers. 5-Member Commission
Chair Adolfo Virgen Term: May 2022-2024
Vice-Chair Kandace Weyhrauch Term: May 2023-2025
Commissioner Oscar Roman Term: May 2023-2025
Commissioner Renelle Layfield Term: May 2022-2024
Commissioner Martha Blanco Term: May 2023-2025
Parks & Recreation & Beautification Commission Meeting:

The regular meeting scheduled for July 19, 2023 was held in person at 5:00 p.m. The agenda items are listed below.

1. Website Redesign Presentation

2. Parks, Recreation and Beautification Award

3. Wall Mural Project

4. Apricot Fiesta Review

5. Adding Shade to Parks

6. Commission Logo

7. Parks and Recreation Social Media Activity

8. Vice-Chair Election

9. Water Tower Mural

10.Back-to-School Block Party

11.Chalk Festival Event
Agendas & Minutes can be located on the city website under the agenda center.

The next regular meeting will be scheduled for August 16, 2023.The meeting will be held in person in the City Council Chambers.

5.6.b
Packet Pg. 36
Attachment: Monthly Commission Report JULY 2023 (City Commission Reports) August 2023
Parks, Recreation & Beautification
Commission
Monthly Report
The following information is provided as an update regarding the Parks, Recreation & Beautification Commission meeting activities during the month of March and updates for previously approved projects.

Parks, Recreation & Beautification Commission meetings are held on the 3rd Wednesday of every month at 5:00 pm in the City Hall Council Chambers. 5-Member Commission
Chair Adolfo Virgen Term: May 2022-2024
Vice-Chair Kandace Weyhrauch Term: May 2023-2025
Commissioner Oscar Roman Term: May 2023-2025
Commissioner Renelle Layfield Term: May 2022-2024
Commissioner Martha Blanco Term: May 2023-2025
Parks & Recreation & Beautification Commission Meeting:

The regular meeting scheduled for August 16, 2023 was held in person at 5:00 p.m. The agenda items are listed below.

1. Parks, Recreation and Beautification Award

2. Wall Mural Project

3. Apricot Fiesta Review

4. Adding Shade to Parks

5. Commission Logo

6. Parks and Recreation Social Media Activity

7. Water Tower Mural

8. Back-to-School Block Party

9. Chalk Festival Event

10.October Anti-Bullying Month

11.Ideas for Park Clean-Up with Y.A.C.

Agendas & Minutes can be located on the city website under the agenda center.

The next regular meeting will be scheduled for September 20, 2023.The meeting will be held in person in the City Council Chambers.

5.6.c
Packet Pg. 37
Attachment: Monthly Commission Report AUGUST 2023 (City Commission Reports) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: September 19, 2023
ITEM NO: 5.7
SUBJECT: Approve City Department Reports for the Months of June - August 2023 (Community Development Department, Public Works and Recreation & Community Services).

RECOMMENDATION
Motion to Approve City Department Reports for the Months of June - August 2023 (Community Development Department, Public Works and Recreation & Community Services).

5.7 Packet Pg. 38
June 2023
Community Development Department
Monthly Report
The following information is provided as an update regarding the Planning and Housing Division activities during the month of June and updates for previously approved projects.

Planning Commission Meetings
At the June 22, 2023 Planning Commission meeting, the Planning Commission conducted the following business:
- Commissioners Lynn Apland and Michael Sidhu took the oath of office. - The Commission reappointed Ron West as the Chairperson and Eric Bendix as the Vice Chairperson.
- Staff provided a status update regarding various projects previously approved by the Commission.

The next regularly scheduled meeting will be held on July 13th at 7:00 PM.

Master Plan Update
The Transportation Master Plan will be presented to the City Council in the near future.

The Parks and Recreation Master Plan will be presented to the City Council in the near future.

Status update for major projects approved during 2023
Architectural & Site Plan Reviews
- Sperry Avenue Self Storage - A&SP #22-08, 425 Sperry Avenue – Approved - Oak Harbor Freight – A&SP #22-09, Conditional Use Permit #23-02, S. Rogers Rd. - Submitted building permit application
Lot Line Adjustments
- Eagle Valley Investments, LLA #22-03, S. 1st Street – Approved Tentative Parcel Maps
- Keystone Pacific, TPM #22-03, Keystone Pacific Parkway - Approved

5.7.a
Packet Pg. 39
Attachment: Monthly Department Report June 2023 (Monthly Department Reports) A&SP Architectural & Site Plan Review TPM Tentative Parcel Maps CUP Conditional Use Permit TSM Vesting Tentative Maps
LLA Lot Line Adjustment P/A Prezone/Annexation
PD Planned Development ORD Zoning Ordinances/Amendments RZN General Plan Amendment/Rezone VAR Variance
Status update for projects approved in previous years
• Chipotle Restaurant, A&SP #21-10, Sperry Avenue, east of Ward – Complete • Water Office Restaurant – A&SP #22-01, 22 N. Del Puerto Ave. – Site work underway • Southern Tire Mart, A&SP #21-09, CUP #21-10, 2275 Sperry Ave. – Submitted building permit application
• Sun Valley Industries #2, A&SP #22-02, S. Rogers Road – Approved • Apricot Vet Clinic, A&SP #22-03, CUP #22-04, S. Rogers Road – Applied for building permit
• VOP Townhouses, A&SP #22-05, N. 1st St. & English Birch Ave. – Approved • Scott Davis Used Car Sales, CUP #22-06, 317 S. 2nd Street – Approved • Poppy Mini-Storage – CUP #22-07, A&SP #22-06 - Approved • Grocery Outlet, A&SP #21-01, CUP #21-02, TPM #21-01, southeast corner of Sperry Avenue and the future extension of Rogers Road, under construction • Dutch Bros. Coffee, A&SP #21-02, CUP #21-03, southeast corner of Sperry Avenue and future extension of Rogers Road, under construction
• VOP 2.1 LLC Lot 36 housing development, north of Olive Avenue, east of Sycamore, approved
• Popeye’s Restaurant, A&SP #21-07, CUP #21-07, north of Sperry Avenue, east of Park Center Drive, submitted building permit application

5.7.a
Packet Pg. 40
Attachment: Monthly Department Report June 2023 (Monthly Department Reports) • Oishi Teri Sushi Restaurant, A&SP #21-08, CUP #21-08, north of Sperry Avenue, east of Park Center Drive, submitted building permit application • Love’s Travel Center, A&SP #19-07, CUP #19-07, Sperry Avenue and Rogers Road – Open for business
• S2A Modular, A&SP #20-01, CUP #20-04, TPM #20-01 – Site work underway • Nucleus Homeopathics, Inc., A&SP #20-02, CUP #20-05, 240 Park Center Drive – Submitted building permit application
• Arambel Business Park Warehouse, A&SP #19-02, Rogers Road – Submitted building plans • La Quinta Hotel, A&SP #19-04, CUP #19-04, Sperry Avenue – Submitted building plans, applicant delay
• Harvest Samoan Assembly of God Church, A&SP #19-05, CUP #19-05, 415 N. 1st St. – Site work underway
• Del Lago Mini Golf and Family Fun Center, CUP #17-05, A&SP #17-04, Annamarie Ave – Approved
• Hamen Truck Wash, A&SP #17-01, CUP #17-02, PD #17-01, east side of Park Center Drive, north of Flying J Travel Center – Nearing completion
• Del Puerto Hospital Project, A&SP #17-03, 821 E Street - Approved • Westside Self Storage Baldwin - A&SP #16-03, PD #16-02, TPM #16-03, DA #16-01, Baldwin Road, Submitted building permit for third phase
• Patterson Logistics Center – PD 09-02, VTPM 09-01, DA 09-01, ND 10-03, A&SP 12-05 – Approved
• McShane Companies A&SP 07-04 (Phase 3) – Approved
Major Subdivisions
Villages of Patterson
• Villages of Patterson Apartments, A&SP #18-02, Olive Avenue – Submitted building permit • Landon Lane Apartments, A&SP #19-03 – Approved
• Self Help Enterprises single family units – second phase under construction • Patterson Ranch – nearing completion
• Clayton Shire – construction underway
• Camden Shire – construction underway
• Triplexes – construction underway
Housing Projects and Programs
• CDBG: Preliminary work on 5th Street Infrastructure project underway. • HOME: City Staff continues to work with First-time Homebuyer Applicants seeking loan approvals.

5.7.a
Packet Pg. 41
Attachment: Monthly Department Report June 2023 (Monthly Department Reports) 1 DEPARTMENT OF PUBLIC WORKS
“Public Works – Improving Your Quality of Life”

MONTHLY STAFF REPORT
June 2023
Administration & Environmental Compliance Division
 The formal SRF loan agreement was approved and has been fully executed for the WQCF LEED Administration Building Project. The bids were opened, and the contract has been awarded to BOBO Construction. The project is currently under construction and the Ribbon Cutting Ceremony is scheduled for June 2023. (Last update: June 2023).  The city has applied for SRF Loan funding for a city water meter system replacement project.

The project would replace older water meters in the city to help with water system revenue losses and improve overall utility system management. The bid package has been finalized and the project was awarded, and the Contractor (Flowline Inc.) has been replacing meters.

Over 2,500 meters have been replaced. (Last update: June 2023).  Staff have been working with Willdan Consulting on updating several City facility, Parks and Recreation impact fees. Staff has met with the consultant and the Parks & Recreation Master Plan consultant during October to go over the costs associated with parks/recreational facilities. The impact fee study is complete, and staff will be presenting the item to the Council for approval of the new proposed fees soon. (Last Update: February 2023).  Staff has been working closely with Planning, Recreation/Community Services, and Engineering on the new Parks Master Plan update. Community Outreach has been in progress for over two months through attendance at community events, surveys have been collected via the City’s social media, website, and other avenues. Once the plan is complete, staff will present this item to the Council for approval soon. The Downtown Visioning and Master plan was presented to the Parks, Recreation and Beautification Commission on September 21, 2022. The item will be coming to the City Council for approval in the next few months. (Last Update: March 2023).
 Staff are working with NBS Finance Group to complete the FY 23/24 Engineer’s Reports for the Special Districts (LMDs, BADs, CSA). This item is set to have a public hearing on July 18, 2023. (Last update: June 2023).
 Recycling and Solid Waste Program: Public Works, Recycling and Solid Waste Division, has developed its portion of the 2023 Back-to-School Event. This includes education and outreach to attendees, a survey of residents regarding recycling and solid waste, recycling and solid waste trivia for students, and raffle prizes for those that participate. (Last update: June 2023).
 CalRecycle Site Visit: California’s Department of Resources Recycling and Recovery (CalRecycle) performed their annual site visit with City Staff. Staff provided a tour of the city, the implementation of the toter autoenrollment program and the compost installation process. The State of California requires that the city procure some 1,900 tons of organic materials. The way to accomplish this task is via the purchase of the compost/mulch blower.  Public Works Staff was able to install 11 tons of material in very little time. CalRecycle was amazed at the City of Patterson’s program. (Last update: June 2023).

5.7.a
Packet Pg. 42
Attachment: Monthly Department Report June 2023 (Monthly Department Reports) 2  2023 BAD and LMD Slurry Seal Project: Staff completed its initial scope of work for a slurry seal project within the City’s Benefit Assessment Districts and Landscape Maintenance Districts. The project totals approximately $3,580,000 for 11 individual areas of the city. (Last update: June 2023).

Grant Writing & Administration
 South Park Per Capita Grant: The city received the grant and design is underway. The staff is working closely with Engineering to put this project out to bid once the design is complete.

The plan was presented to the Council in May. (Last Update: May 2023).

F.O.G (Fats, Oils, & Grease) Program
The city currently has two Public Works inspectors conducting FOG and stormwater inspections.

FOG inspections are being performed on a regular basis to ensure compliance. (Last Update:

April 2023).

Storm Water Pollution Prevention Program
 The city is currently partnering with twenty-three other Phase II agencies to address the State orders received to comply with the CV Pyrethroid TMDL and Baseline stormwater quality monitoring requirements. This new requirement is looking at the effects of pyrethroid pesticides that enter the waterways through the storm drainage systems/stormwater runoff.

This requirement can have a significant financial impact to Phase I and II Cities and would require that they perform toxicity/pyrethroid testing/monitoring and water/sediments four times per year. The Phase II Cities are already participating and paying their fair share of the Delta Regional Monitoring Program that is managed by the State. The city has partnered with several Cities/Agencies to hire a consultant to help develop a monitoring plan that would be submitted to the State by 2020/21. The partners have joined efforts to contract out with a consultant to assist with the implementation of the Pyrethroids Management Program. A total of twenty agencies have agreed to participate in this effort. The first kickoff meeting was held on 11/4/21. The City of Patterson is taking the lead agency on this effort. (Last Update: April 2023).
 A new Phase II Stormwater Permit is in progress at the State level. Once it is adopted, it will be implemented. Currently the permit is being held up due to the COVID-19 emergency. In the meantime, the city must comply with everything that is in the current permit. It is anticipated that the new permit will be implemented in 2022. Under this new permit, the school districts will be brought in and will be required to have their own stormwater programs. (Last Update: April 2023).
 These are the main projects which Public Works and Engineering are focusing on. These projects include:
o Staff continue to work with Engineering to develop the City’s Track 1 Trash Implementation Plan to comply with the State’s Trash Policy requirements. The plan was submitted to the State in December 2018 and the City has 10 years from this date to complete the implementation of their full trash capture plan. Design funds were

5.7.a
Packet Pg. 43
Attachment: Monthly Department Report June 2023 (Monthly Department Reports) 3 approved in the FY 19/20 budget. Proposals for design were received and a consultant agreement is currently in progress. The kickoff meeting was held, and the project is currently in progress. The city will be submitting their implementation plan and full trash capture device option(s) to the State. Once approved, staff will work on the next phases of this project which includes preliminary projects design/bid plans.

The city will be exploring Prop 1 grant opportunities for this project. (No change). o WQCF Administration LEED Building. This project has made substantial progress and the contractor is waiting for HVAC parts to arrive. Estimated move-in is mid-June. (Last update: April 2023).
o WM-1B (Kinshire) Waterline Replacement Project. Project was awarded and is under construction. (No change).
o Ward Avenue Sewer Lift Station Rehabilitation Project. Bids were received, all were significantly over budget. Council has rejected all bids. (Last update: June 2023). o Slurry Seal Project. The scope of the work is being determined and preliminary design is underway. (Last update: June 2023).

Water Division & Water Conservation Program
The State Water Resources Control Board has rescinded the mandatory conservation standards that have been in place since 2015. The reporting requirements and prohibitions on water waste will remain. The current prohibitions against wasteful water use practices include outdoor watering during or within 48 hours after a rain event; hosing down a sidewalk instead of using a broom or a brush; and overwatering a landscape to where water is running off onto the sidewalk or into the gutter.

June 2023 Water Production
Well Production
2 8,000
4- NP 3,869,000
5 42,676,000
6 0
7 887,000
8 12,902,236
9 35,614,000
11 21,710,000
KeystoneNP 0
FloragoldNP 18,820,800
TOTAL 136,487,036

1. Number of Follow-ups: 59

5.7.a
Packet Pg. 44
Attachment: Monthly Department Report June 2023 (Monthly Department Reports) 4 2. Number of Warning/Violations: 59

3. Number of Penalties: 0

4. Water Service Connection Requests: 72

5. Water Service Connection Turnoffs: 49

6. Water Work Orders: 57- zero usage, high usage, new meter, leak at meter and meter change.

Committees & Commission
Parks & Recreation and Beautification Commission:
 Discussion regarding nominees for the Parks & Recreation and Beautification Award.

Commissioner Kandace Weyhrauch discussed setting up a survey table at this year’s Apricot Fiesta inside of City Hall. The purpose of the survey is for residents give feedback regarding things they would like the commission to pursue. The next meeting is scheduled for July 19, 2023. (Last Update: June 2023).
 Safety (JEMSAC) Committee: The committee held its monthly meeting on May 11, 2023. (Last update: May 2023).

Permits Issued
Encroachment Permits, Fire Hydrant Use Permits, Other Permits Issued by Public Works:
 Encroachment Permit = 11
 Fire Hydrant Use Permits = 9
(Last update: June 2023).

Streets/Collections Division
Work Orders: Streets/Sidewalks = 16 Alleys/Garbage = 9 Collections = 3 Seasonal Tasks:
 Storm drains maintenance.
 Repaired potholes throughout the city.
 Performed sewer maintenance.
 Performed sidewalk repairs.
(Last update: June 2023).

Electrical Division
Work Orders: Streetlights = 2
Seasonal Tasks this Month:
 Repaired streetlights throughout the city.
 Reviewed Electrical/SCADA plans for Engineering.
 Continued upgrades at the WQCF.
 Worked on Internet issues at the WQCF.
(Last Update: June 2023).

5.7.a
Packet Pg. 45
Attachment: Monthly Department Report June 2023 (Monthly Department Reports) 5 Urban Forestry Division
Work Orders: Urban Forestry: 62
Seasonal Tasks this Month:
 Performed tree maintenance.
 Addressed requests for service.
(Last update: June 2023).

Parks, Landscape & Building Maintenance Divisions
Park Reservations: All parks are currently closed to reservations and are on a first come first served basis.

Work Orders: Building Maintenance: 13 Parks: 20
Seasonal Tasks & Projects:
 Continued maintenance of all parks and easements.
 Focused on maintenance pruning in LMDs.
 Performed routine maintenance at City Hall.
(Last update: June 2023).

Fleet Services Division
Number of PW equipment repaired/serviced: Number of PW equipment repaired/serviced:
49 Public Works, Recreation and Community Service vehicles and 2 Fire vehicles. (Last update: June 2023).

5.7.a
Packet Pg. 46
Attachment: Monthly Department Report June 2023 (Monthly Department Reports) 6 Water Quality Control Facility (WQCF)

MONTHLY FLOWS AND AVERAGES – June 2023
DECEMBER 2022 INFLUENT SPOD* NPOD* AIPS

TOTAL FLOW,
MG/ month

50.949 31.115 19.834 0.00
AVG FLOW, MGD 1.698 1.037 .661 0.00
HIGH FLOW, MGD 1.851 1.414 .783 0.00
LOW FLOW, MGD 1.571 1.414 .436 0.00
Total Capacity,
MGD

2.25 1.25 .800 .200
* SPOD- South Plant Oxidation Ditch (new)              * NPOD- North Plant Oxidation Ditch (old) Alarms/Callouts:

Alarms = 298
Callouts = 4
Seasonal Tasks:

1. AIPS back online.

1. Process control under adjustment for current weather conditions.

2. Continuing Annual PM work.

3. Washer compactor back online.

4. North plant aerator #2 fixed back online.

LABORATORY RESULTS
June 2022 Avg. BOD5 TSS TDS pH EC NO3-N TKN TN-N Na Cal Influent 190 8 * 7.23 * * * * * *
Effluent. 4.7 3.2 1500 7.68 1840 .10 5.1 5.2 230 300
* Not required
(Last update: June 2023).

5.7.a
Packet Pg. 47
Attachment: Monthly Department Report June 2023 (Monthly Department Reports) July 2023
Community Development Department
Monthly Report
The following information is provided as an update regarding the Planning and Housing Division activities during the month of July and updates for previously approved projects.

Planning Commission Meetings
On July 13, 2023, the Planning Commission met to consider the following items:

1. Conditions of Approval and Recommendation to Terminate the Development Agreement with Central Valley-Sierra Associates
A public hearing to determine whether Central Valley-Sierra Associates has failed to comply with certain conditions of approval associated with Conditional Use Permit #17-21 (CUP) allowing the operation of a cannabis dispensary business at 100 West Las Palmas Avenue, Ste.

H. The Planning Commission approved revocation of the CUP with a 4-1 vote and recommended that the City Council adopt an ordinance confirming termination of the Development Agreement based on the Developer’s breach of the terms of the agreement with a 3-2 vote.

2. Fourth Amendment to Development Agreement (Nucleus Homeopathics, Inc.) A public hearing to recommending adoption of an ordinance to approve a Fourth Amendment to the Development Agreement with Nucleus Homeopathics, Inc., associated with a project to operate a cannabis manufacturing, distribution, and cultivation business at 240 Park Center Drive. The Fourth Amendment would provide that Nucleus’ recent payment to the City shall constitute full and complete satisfaction of Nucleus’ past due public benefit amounts owed to the City; that Nucleus will be subject to the City’s cannabis tax on an ongoing basis; that a new Public Benefit payment schedule will be added and shall become effective on the first business day following the conclusion of the Project’s first quarter of operation; that Nucleus shall ensure the Project is open and operational within twelve (12) months of the effective date of the Fourth Amendment to the Development Agreement; and that in the event the Project requires additional time to become operational, Nucleus and the City may extend this period upon a showing that progress is being made to the City’s satisfaction. The Planning Commission recommended approval of this item to the City Council with a 5-0 vote.

The next regularly scheduled meeting will be held on August 10th at 7:00 PM.

Master Plan Update
The Transportation Master Plan will be presented to the City Council in the near future.

The Parks and Recreation Master Plan will be presented to the City Council in the near future.

5.7.b
Packet Pg. 48
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) Status update for major projects approved during 2023
Architectural & Site Plan Reviews
- Sperry Avenue Self Storage - A&SP #22-08, 425 Sperry Avenue – Approved - Oak Harbor Freight – A&SP #22-09, Conditional Use Permit #23-02, S. Rogers Rd. - Submitted building permit application
Lot Line Adjustments
- Eagle Valley Investments, LLA #22-03, S. 1st Street – Approved Tentative Parcel Maps
- Keystone Pacific, TPM #22-03, Keystone Pacific Parkway - Approved A&SP Architectural & Site Plan Review TPM Tentative Parcel Maps CUP Conditional Use Permit TSM Vesting Tentative Maps
LLA Lot Line Adjustment P/A Prezone/Annexation
PD Planned Development ORD Zoning Ordinances/Amendments RZN General Plan Amendment/Rezone VAR Variance
Status update for projects approved in previous years
• Chipotle Restaurant, A&SP #21-10, Sperry Avenue, east of Ward – Complete • Water Office Restaurant – A&SP #22-01, 22 N. Del Puerto Ave. – Site work underway • Southern Tire Mart, A&SP #21-09, CUP #21-10, 2275 Sperry Ave. – Submitted building permit application

5.7.b
Packet Pg. 49
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) • Sun Valley Industries #2, A&SP #22-02, S. Rogers Road – Approved • Apricot Vet Clinic, A&SP #22-03, CUP #22-04, S. Rogers Road – Applied for building permit
• VOP Townhouses, A&SP #22-05, N. 1st St. & English Birch Ave. – Approved • Scott Davis Used Car Sales, CUP #22-06, 317 S. 2nd Street – Approved • Poppy Mini-Storage – CUP #22-07, A&SP #22-06 - Approved • Grocery Outlet, A&SP #21-01, CUP #21-02, TPM #21-01, southeast corner of Sperry Avenue and the future extension of Rogers Road, nearing completion • Dutch Bros. Coffee, A&SP #21-02, CUP #21-03, southeast corner of Sperry Avenue and future extension of Rogers Road, nearing completion
• VOP 2.1 LLC Lot 36 housing development, north of Olive Avenue, east of Sycamore, approved
• Popeye’s Restaurant, A&SP #21-07, CUP #21-07, north of Sperry Avenue, east of Park Center Drive, submitted building permit application
• Oishi Teri Sushi Restaurant, A&SP #21-08, CUP #21-08, north of Sperry Avenue, east of Park Center Drive, submitted building permit application • Love’s Travel Center, A&SP #19-07, CUP #19-07, Sperry Avenue and Rogers Road – Open for business
• S2A Modular, A&SP #20-01, CUP #20-04, TPM #20-01 – Site work underway • Nucleus Homeopathics, Inc., A&SP #20-02, CUP #20-05, 240 Park Center Drive – Submitted building permit application
• Arambel Business Park Warehouse, A&SP #19-02, Rogers Road – Submitted building plans • La Quinta Hotel, A&SP #19-04, CUP #19-04, Sperry Avenue – Submitted building plans, applicant delay
• Harvest Samoan Assembly of God Church, A&SP #19-05, CUP #19-05, 415 N. 1st St. – Site work underway
• Del Lago Mini Golf and Family Fun Center, CUP #17-05, A&SP #17-04, Annamarie Ave – Approved
• Hamen Truck Wash, A&SP #17-01, CUP #17-02, PD #17-01, east side of Park Center Drive, north of Flying J Travel Center – Nearing completion
• Del Puerto Hospital Project, A&SP #17-03, 821 E Street - Approved • Westside Self Storage Baldwin - A&SP #16-03, PD #16-02, TPM #16-03, DA #16-01, Baldwin Road, Submitted building permit for third phase
• Patterson Logistics Center – PD 09-02, VTPM 09-01, DA 09-01, ND 10-03, A&SP 12-05 – Approved
• McShane Companies A&SP 07-04 (Phase 3) – Approved
Major Subdivisions
Villages of Patterson
• Villages of Patterson Apartments, A&SP #18-02, Olive Avenue – Submitted building permit • Landon Lane Apartments, A&SP #19-03 – Approved
• Self Help Enterprises single family units – second phase under construction • Patterson Ranch – nearing completion
• Clayton Shire – construction underway
• Camden Shire – construction underway
• Triplexes – construction underway

5.7.b
Packet Pg. 50
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) Housing Projects and Programs
• CDBG: Preliminary work on 5th Street Infrastructure project underway. • HOME: City Staff continues to work with First-time Homebuyer Applicants seeking loan approvals.

5.7.b
Packet Pg. 51
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 1 DEPARTMENT OF PUBLIC WORKS
“Public Works – Improving Your Quality of Life”

MONTHLY STAFF REPORT
July 2023
Administration & Environmental Compliance Division
 The formal SRF loan agreement was approved and has been fully executed for the WQCF LEED Administration Building Project. The bids were opened, and the contract has been awarded to BOBO Construction. The project is nearing completion of construction and the Ribbon Cutting Ceremony was held in June 2023. (Last update: June 2023).  The city has applied for SRF Loan funding for a city water meter system replacement project.

The project would replace older water meters in the city to help with water system revenue losses and improve overall utility system management. The bid package has been finalized and the project was awarded, and the Contractor (Flowline Inc.) has been replacing meters.

Over 60% of the meters have been replaced. (Last update: June 2023).  Staff have been working with Willdan Consulting on updating several City facility, Parks and Recreation impact fees. Staff has met with the consultant and the Parks & Recreation Master Plan consultant during October to go over the costs associated with parks/recreational facilities. The impact fee study is complete, and staff will be presenting the item to the Council for approval of the new proposed fees in the next few months. (Last Update: June 2023).
 Staff has been working closely with Planning, Recreation/Community Services, and Engineering on the new Parks Master Plan update. Community Outreach has been in progress for over two months through attendance at community events, surveys have been collected via the City’s social media, website, and other avenues. Once the plan is complete, staff will present this item to the Council for approval soon. The Downtown Visioning and Master plan was presented to the Parks, Recreation and Beautification Commission on September 21, 2022. The item will be coming to the City Council for approval in the next couple of months. (Last Update: June 2023).
 Recycling and Solid Waste Program: Public Works, Recycling and Solid Waste Division, has developed its portion of the 2023 Back-to-School Event. This includes education and outreach to attendees, a survey of residents regarding recycling and solid waste, recycling and solid waste trivia for students, and raffle prizes for those that participate. Additionally, students will participate in trivia to educate them on the importance of recycling. With that, they will receive an activity book and stickers. (Last update: July 2023).  2023 BAD and LMD Slurry Seal Project: Staff completed its initial scope of work for a slurry seal project within the City’s Benefit Assessment Districts and Landscape Maintenance Districts. The project totals approximately $3,580,000 for 11 individual areas of the city. (Last update: June 2023).
 Community Recycling Day on August 26 at the Aquatics Center Parking Lot, 1033 W. Las Palmas Avenue. The event will include Household Hazardous Waste, Electronic Waste Recycling, Waste Tire Collection, Mattress Collection and Paper Shredding Recycling. (Last updated: July 2023).

5.7.b
Packet Pg. 52
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 2 Grant Writing & Administration
 South Park Per Capita Grant: The city received the grant and design is underway. The staff is working closely with Engineering to put this project out to bid once the design is complete.

The plan was presented to the Council in May. (Last Update: May 2023).

F.O.G (Fats, Oils, & Grease) Program
The city currently has two Public Works inspectors conducting FOG and stormwater inspections.

FOG inspections are being performed on a regular basis to ensure compliance. (Last Update:

April 2023).

Storm Water Pollution Prevention Program
 The city is currently partnering with twenty-three other Phase II agencies to address the State orders received to comply with the CV Pyrethroid TMDL and Baseline stormwater quality monitoring requirements. This new requirement is looking at the effects of pyrethroid pesticides that enter the waterways through the storm drainage systems/stormwater runoff.

This requirement can have a significant financial impact to Phase I and II Cities and would require that they perform toxicity/pyrethroid testing/monitoring and water/sediments four times per year. The Phase II Cities are already participating and paying their fair share of the Delta Regional Monitoring Program that is managed by the State. The city has partnered with several Cities/Agencies to hire a consultant to help develop a monitoring plan that would be submitted to the State by 2020/21. The partners have joined efforts to contract out with a consultant to assist with the implementation of the Pyrethroids Management Program. A total of twenty agencies have agreed to participate in this effort. The first kickoff meeting was held on 11/4/21. The City of Patterson is taking the lead agency on this effort. (Last Update: April 2023).
 A new Phase II Stormwater Permit is in progress at the State level. Once it is adopted, it will be implemented. Currently the permit is being held up due to the COVID-19 emergency. In the meantime, the city must comply with everything that is in the current permit. It is anticipated that the new permit will be implemented in 2022. Under this new permit, the school districts will be brought in and will be required to have their own stormwater programs. (Last Update: April 2023).
 These are the main projects which Public Works and Engineering are focusing on. These projects include:
o Staff continue to work with Engineering to develop the City’s Track 1 Trash Implementation Plan to comply with the State’s Trash Policy requirements. The plan was submitted to the State in December 2018 and the City has 10 years from this date to complete the implementation of their full trash capture plan. Design funds were approved in the FY 19/20 budget. Proposals for design were received and a consultant agreement is currently in progress. The kickoff meeting was held, and the project is currently in progress. The city will be submitting their implementation plan and full trash capture device option(s) to the State. Once approved, staff will work on

5.7.b
Packet Pg. 53
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 3 the next phases of this project which includes preliminary projects design/bid plans.

The city will be exploring Prop 1 grant opportunities for this project. (No change). o WQCF Administration LEED Building. This project has made substantial progress and the contractor is waiting for HVAC parts to arrive. Estimated move-in is mid-June. (Last update: April 2023).
o WM-1B (Kinshire) Waterline Replacement Project. Project was awarded and is under construction. (No change).
o Ward Avenue Sewer Lift Station Rehabilitation Project. Bids were received, all were significantly over budget. Council has rejected all bids. (Last update: June 2023). o Slurry Seal Project. The scope of the work is being determined and preliminary design is underway. (Last update: June 2023).

Water Division & Water Conservation Program
The State Water Resources Control Board has rescinded the mandatory conservation standards that have been in place since 2015. The reporting requirements and prohibitions on water waste will remain. The current prohibitions against wasteful water use practices include outdoor watering during or within 48 hours after a rain event; hosing down a sidewalk instead of using a broom or a brush; and overwatering a landscape to where water is running off onto the sidewalk or into the gutter.

July 2023 Water Production
Well Production
2 16,000
4- NP 6,311,000
5 44,056,000
6 0
7 3,288,000
8 19,407,745
9 30,711,000
11 35,896,000
Keystone-NP 0
Floragold-NP 22,607,600
TOTAL 162,293,345

1. Number of Follow-ups: 0

2. Number of Warning/Violations: 102

3. Number of Penalties: 0

4. Water Service Connection Requests: 45

5. Water Service Connection Turnoffs: 43

5.7.b
Packet Pg. 54
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 4 6. Water Work Orders: 34- zero usage, high usage, new meter, leak at meter and meter change.

Committees & Commission
Parks & Recreation and Beautification Commission:
 Discussion regarding nominees for the Parks & Recreation and Beautification Award.

Commissioner Kandace Weyhrauch discussed setting up a survey table at this year’s Apricot Fiesta inside of City Hall. The purpose of the survey is for residents give feedback regarding things they would like the commission to pursue. The next meeting is scheduled for July 19, 2023. (Last Update: June 2023).
 Safety (JEMSAC) Committee: The committee held its monthly meeting on July 13, 2023 was cancelled. (Last update: July 2023).

Permits Issued
Encroachment Permits, Fire Hydrant Use Permits, Other Permits Issued by Public Works:
 Encroachment Permit = 1
 Fire Hydrant Use Permits = 0
(Last update: July 2023).

Streets/Collections Division
Work Orders: Streets/Sidewalks = 24 Alleys/Garbage = 3 Collections = 4 Seasonal Tasks:
 Storm drains maintenance.
 Repaired potholes throughout the city.
 Performed sewer maintenance.
 Performed sidewalk repairs.
(Last update: July 2023).

Electrical Division
Work Orders: Streetlights = 7
Seasonal Tasks this Month:
 Repaired streetlights throughout the city.
 Reviewed Electrical/SCADA plans for Engineering.
 Continued upgrades at the WQCF.
 Worked on Internet issues at the WQCF.
(Last Update: July 2023).

5.7.b
Packet Pg. 55
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 5 Urban Forestry Division
Work Orders: Urban Forestry: 66
Seasonal Tasks this Month:
 Performed tree maintenance.
 Addressed requests for service.
(Last update: July 2023).

Parks, Landscape & Building Maintenance Divisions
Park Reservations: All parks are currently closed to reservations and are on a first come first served basis.

Work Orders: Building Maintenance: 15 Parks: 12
Seasonal Tasks & Projects:
 Continued maintenance of all parks and easements.
 Focused on maintenance pruning in LMDs.
 Performed routine maintenance at City Hall.
(Last update: July 2023).

Fleet Services Division
Number of PW equipment repaired/serviced: Number of PW equipment repaired/serviced:
48 Public Works, Recreation and Community Service vehicles and 1 Fire vehicles. (Last update: Julu 2023).

5.7.b
Packet Pg. 56
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 6 Water Quality Control Facility (WQCF)

MONTHLY FLOWS AND AVERAGES – July 2023
DECEMBER 2022 INFLUENT SPOD* NPOD* AIPS

TOTAL FLOW,
MG/ month

52.487 34.646 0.00
AVG FLOW, MGD 1.693 1.118 0.00
HIGH FLOW, MGD 1.891 1.307 0.00
LOW FLOW, MGD 1.577 .878 0.00
Total Capacity,
MGD

2.25 1.25 .200
* SPOD- South Plant Oxidation Ditch (new)              * NPOD- North Plant Oxidation Ditch (old) Alarms/Callouts:

Alarms = 384
Callouts = 2
Seasonal Tasks:

1. AIPS back online.

1. Process control under adjustment for current weather conditions.

2. Continuing Annual PM work.

3. Washer compactor back online.

4. North plant aerator #2 fixed back online.

LABORATORY RESULTS
June 2022 Avg. BOD5 TSS TDS pH EC NO3-N TKN TN-N Na Cal Influent 250 73 * 7.13 * * * * * *
Effluent. 3.0 4.4 1200 7.53 1900 .36 2.7 3.0 270 350
* Not required
(Last update: July 2023).

5.7.b
Packet Pg. 57
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 1 Recreation & Community Services Department
Monthly Staff Report
July 2023
Aquatics
Total Swim Lessons for the Summer
In 2022/23 the Aquatics program served a total of 578 swim lessons; this year Aquatics total was 726 swim lessons which is an increase of 148 participants served. This was done by adding one extra participants in each class while additionally training instructors to be able to utilize American Red Cross Water Safety Instructor techniques to learn to better manage the classes and handle higher capacities while staying focused on safety.

Swim W/
Me 39 37 29 16 121
Starfish 35 20 15 12 82
Sea Turtles 23 23 30 16 92
Penguins 29 18 24 24 95
Seals 36 37 35 37 145
Sting Rays 29 17 22 29 97
Dolphins 6 6 6 5 23
Sharks 6 6 6 7 25
Private 7 7 8 8 30
Adult N/A 6 6 N/A 12
Adaptive 1 1 1 1 4
Totals: 172 141 153 139 726
Last year Aquatics served a total of 142 participants for Water Aerobics for both night and seniors and this year we served 213. This increase was due to combining shallow and deep water at night, adding a Saturday class, and helping instructors provide better teaching techniques and strategies by utilizing methodology from the Aquatic Exercise Association (AEA).

Water Fitness
Session
1 Session
2 Session
3 Session
4 Saturdays
Grand
Totals:

Senior Water
Aerobics 25 25 25 25 18 118
Water Aerobics 20 24 25 26 95
Total: 45 49 50 51 213
Last year Aquatics had 47 on the swim team and this year it increased to 83. Our staff worked hard to make connections with the community and be water safety oriented when recruiting for the program. One external swim meet was held against the Turlock Sea Dawgs in which Patterson took the victory and two internal meets were held.

Lifeguards participated in the annual Lifeguard Palooza held by Northern California Aquatic Management Association (NCAMA). During this time, Lifeguards participated with other agencies to be crowned the best in Northern California.

This was a great team-building event as the Lifeguards from a small town showed they could compete with the bigger agencies.

5.7.b
Packet Pg. 58
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 2 Lifeguards participated in their blood and guts training on 7/28 to test their knowledge of Advanced First Aid. Lifeguards had four scenarios and succeeded in accomplishing high-quality patient care. Lifeguards really enjoy this training since it deviates from their regular CPR and normal training knowledge, to test their ability to respond to more intense situations, critically think, and create the best outcome for the simulated patients.

Junior Giants is a free, noncompetitive co-ed softball and baseball program. This year 273 youth and 24 volunteers participated in Junior Giants! Making it our largest Junior Giant group yet!
Start Smart Soccer kicked off with the largest group of tiny tots yet! With 60 tiny tots, staff have had to be inventive in teaching these 3–5- year-olds the basic motor skills needed to play soccer. 57 youth participants ranging in ages
from 9-15 years old developed basic
volleyball and game awareness skills in
our Youth Volleyball Clinic Program.

This program has received fantastic
reviews from participants and their
parents, and they want more!
On 7/29 Aquatics held the annual Dive-in movie. This year the community picked the showing of Moana through a community survey that was out on social media.

Over 100 community members showed up to see the movie, enjoy food and have a good time.

YAC: YAC meetings have been held every other Wednesday throughout the summer.

These meetings allow teen to assist in planning our Patterson Teen nights and our Movie Nights. This includes activities and advertising the events.

Teen Night: Teen Nights continue to grow in attendance. At the beginning of the summer attendance averaged in the mid-20’s and are now up to mid-30’s-40’s.

Program Title Teen Outdoor Experience Grant: The kickoff event for the second semester was on July 19 and held at the Hammon Senior Center. This event was for all youth and parents to come talk with staff and ask any questions they may have.

5.7.b
Packet Pg. 59
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 3 Program Title Adventure Camp: The month of July was Patterson Adventure Camp. This is a summer camp program for youth ages 5-12 years old. Camp is Monday–Friday from 8 am – 5 pm. On Tuesdays and Thursday’s campers come swim at the Patterson Aquatic Center, and Friday field trips. This summer camp was held at the Walnut grove Gym from July 5-July 28th, 2023. For the duration of the camp we had 198 participants
attend the camp.

Our summer movie series increased this year from about 50 attendees to between 100- 150. These movie nights have included food and drink vendors Kona Ice, Laidy’s Espresso and Westley BBQ and Smokehouse. YAC members also hosted games and activities before the movie to provide entertainment for youth and teens. Staff are discussing ways to improve the events and to continue to grow in size. The Patterson Teen Night Out has also seen an increase in participation. As activities range from paint night to water game nights the participation over the summer was between 25-35 teens each night. There has also been community support from some local businesses to help sponsor the food or supplies for ten nights.

Hammon Senior Center
Membership at the Hammon Senior Center is at 727. Average daily program participation was in the low 70’s during the month. Special events continue to generate interest and attendance as well as some new games and activities that attracted additional participants.

Special Events:

An Independence Day celebration took place on July 6 and was well received. Forty older adults participated in this special event. Dancing, food, and music were on the agenda with everyone socializing as well! • Another Taste of Patterson event was also held. This was the start of the second half of the grant. Thirty individuals were able to enjoy food from L&L Hawaiian Barbeque. From January through June, 475 individuals were able to take part in the Taste of Patterson grant funded program!

5.7.b
Packet Pg. 60
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 4 • Poker has continued to see strong demand. Originally scheduled for once a month, an extra session was added due to increased participation. Now scheduled for the first and third Fridays of each month, 18 participants are added during July.
• The commodities program also continues to be well attended. For the month of July 77 (a new record) individuals took part in this program.
• Nifty Fifty has added some activities, such as Mexican Train Dominoes and has seen increased attendance. For July, 82 participants took part in this activity! • The congregate meal site continued to have steady numbers. For the month of July, 508 individual meals were served for an average of 24 per day.
• One of the few fitness classes that saw increased numbers for the month of July was Cumbiamba Gold.

This dance fitness class averaged a little over nine participants per session. • Another activity that important things are planned for is table tennis. The number of participants continues to increase for this program. Another day was added to the schedule and a new grant funded table was purchased that should further increase the number of participants in this program.

The new ping pong table is sure to be a hit!
• The open computer lab continues to be a “cool” destination to get away from the heat! During July, 51 people took advantage of the computers at the Hammon Senior Center. • Another food distribution program, the Green Bag program continued to be maxed out with 30 participants for the month of July.
• The Peer Support group, sponsored through Behavior Health & Recovery Services, continued to provide support to those in need in July. This group meets on a weekly basis in a secluded setting to talk about their concerns and issues.

5.7.b
Packet Pg. 61
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) 5 Youth Outdoor Equity Program: completed the 1st semester of the Program in June with a 5-day trip to Yosemite National Park, with the coordination by Yosemite Natures Bridge. Patterson Youth Loved the outdoor experience and valued the opportunity to engage in such a wonderful learning environment! Session 2 begins in August!

5.7.b
Packet Pg. 62
Attachment: Monthly Department Report July 2023 (Monthly Department Reports) Recreation & Community Services Department
Monthly Staff Report
August 2023
Patterson Recreation Staff developed many new and exciting programs for the Fall of 2023. The guide was mailed out to Patterson households the 1st week of August and program registrations are filling out quickly. The Winter/Spring Guide will be out in early December.

Hammon Senior Center
Membership at the Hammon Senior Center is currently at 754. August showed a tremendous uptick in daily activity participation. Total participation numbers follow:

May: 1,991; June: 1,690; July: 1,609; August: 2,416. Normally, during the summer months the attendance declines so this increase came as somewhat of a surprise. However, with the hot weather, many people came in to enjoy the cool building and participate in many of the classes and activities scheduled at the facility.

Special Events:

A Summer Bash took place on August 24 with 35
in attendance. Food, games and music were in
store for the active participants.

Two more Taste of Patterson events also took
place. The first offered food from Patterson Foods
and the second was from Tandoori Flame. Forty
and forty-one people respectively attended these
events. There will be five additional Taste of
Patterson events before the grant runs out.

In what has become an annual event, Farmer’s Market coupons were also distributed during the month. Thiry individuals were able to collect $50 worth of coupons to be used at local Farmer’s Markets.

Another activity that took place was a recognition/thank you event for Off Center Thrift & Gift, who donated approximately $1,600 for the purchase of a new ping pong table. This new table has allowed greater participation and has generated additional interest in table tennis. A recognition event was held for Off Center Thrift & Gift for their generous donation to the Hammon Senior Center.

The Lunch Bunch had a unique event as well in August with a trip to the Patterson Aquatic Center and Mountain Mike’s pizza delivered. Eleven participants got to splash in the pool and play games and socialize before the end of the

5.7.c
Packet Pg. 63
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) Regular Activities:

The meal site continued to see great increases in attendance. Over 700 individual meals were served during the month with an average of 30 per day. This number is even greater than the numbers that were attending the facility pre-pandemic.

The daily walking group had a nice month with 108 participants. This was almost an average of five participants per day.

The Basic Sit ‘N Be Fit class also saw a nice increase during the month of August. There were 69 participants in September and 106 participants in August for an average of almost 10 per session.

Billiards continued to be popular with an average of 13 participants each day.

Upcoming events include a Fall Vegetable Gardening class, a new Tai Chi class and another casino trip!

AUGUST YOUTH SPORTS MONTHLY REPORT
Recognizing Britney Garcia
Each summer the Giants Community Fund in partnership with AmeriCorps selects individuals to help organize free non-competitive baseball and softball programs for their communities all over California. At the end of each season Regionals and Commissioners from
different regions all over the state nominate one
ambassador they believe went above and beyond
all season to create an inclusive and fun learning
environment for their community. Our Patterson
Junior Giants AmeriCorps Ambassador Britney
Garcia, who also works as a Youth Sports
Coordinator for the City of Patterson, was one of
eight ambassadors awarded the Ambassador Allstar
Award for the 2023 season for her work in creating
the Patterson League. Not only did she work and
help manage the Patterson Junior Giant league but
also, she created multiple free community events
including free softball and baseball clinics for
Patterson youth and their families.

Junior Giants Movie Night at the Sports Park
(Video here)
https://www.instagram.com/reel/Cvp8KwnRpqW/?utm_source=ig_web_copy_link&igshid=MzRlODBiNWFlZ A==
To celebrate the end of Junior Giants, Youth Action Committee and Junior Giants put on a free movie night in the sports park. Westley Smokehouse & BBQ also sponsored the event and gave all Junior Giants youth participants Tri-Tip Nachos. Over 60 participants picked up free Junior Giants Swag, participated in fun preshow activities, ate some good food, and watched Field of Dreams.

5.7.c
Packet Pg. 64
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) Staff Soccer Officiating Training
To get our staff ready for the soccer season, we have developed a 16-hour referee training. This training includes expectations, professionalism, hand signals, whistles, overview of the rule book, and lots of referee practice. Our Part Time Recreational Leaders work as soccer referees, field monitors, and coaches during our soccer season to keep all participants safe and having fun! Patterson Recreational Youth Soccer League
Patterson Recreational Youth Soccer League is starting up! PRYS features a 7-game season where children learn the fundamentals of soccer, good sportsmanship, and teamwork in a safe and positive environment. This league is non-competitive, and our mission is to have fun! Our 275 participants receive a uniform kit complete with a jersey, shorts, and socks. This year our league has 6 divisions. This year we introduced two girl divisions to entice more girls to participate in soccer. We hope to expand those leagues next year. Additionally, this is a volunteer run program and currently we have 21 volunteer coaches and are still recruiting more! SOCIAL MEDIA AND ADVERTISING UPDATE - OUR ADVERTISING GOALS:

Increase reach and engagement of our social media.

Clean up and modernize our social media.

Increase and diversify our advertising methods.

Create consistent branding throughout all advertisements.

Increase personable posts through video/reels, pictures of programs and staff.

STATISTICS AS OF AUG 16th
Facebook Instagram
Followers 2,863 779
Median Reach1 940 861
Median Post Engagement2: 28 35
WHAT’S BEEN DONE AND IMPROVED:

Link Tree Created
This allows us to house multiple links in one spot for easy access for our social media users. In the past we had issues with links breaking in posts or posting on Instagram by accident, leaving Instagram users with a link that isn’t hyperlinked. This solves the issue because we can quickly fix broken links instead of searching for the posts that contain the broken links. It also makes the links easy to find for our public. We are keeping the number of links at 5 to reduce clutter.

Soft Launch of Hashtag
We launched a Hashtag to try to engage with the public at the beginning of summer and have the public’s pictures featured on our social media. #pattersonparkandrec was the only hashtag not claimed by a business or another Patterson agency. We are planning on making a harder launch and a possible hashtag change early next year.

5.7.c
Packet Pg. 65
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) Use of Facebook Events for Special Events
We started using Facebook events to engage and create another means for people to find our events on social media.

Provided Training for Supervisors We have been doing mini training with all supervisors to try to increase digital design and audience awareness. Some training courses have included de-briefings on the City of Folsom social media Training and creating guidelines and templates for captions and flyers.

Started a Department Wide Marketing Campaign
We started a Department Wide Marketing Campaign showing behind the curtain moments of our staff. We are still in the process of posting all staff but so far, we have Rec Leaders for Sports & Day Camp, Lifeguards, and the Senior Center. We are hoping this creates a further connection with our community and gets the public excited for what’s to come next.

Created and modernized our Instagram Highlights and pinned posts on Facebook.

We created highlights on
Instagram and used the
pinned posts function on
Facebook to have
information on upcoming
and current programs and
events accessible for the
public without having to
scroll through the profiles.

Additionally, the
modernization of the
highlights also has created some brand consistency.

WHAT’S ONGOING
Focusing on Increasing Reels/ Videos & Pictures
This is an ongoing goal and process. We have supported supervisors by taking videos and pictures of their programs and events. We also created a shared album where all supervisors can add photos so the advertising team can pull from those photos for promotional flyers etc. This helped us jumpstart posting reels/videos & pictures.

5.7.c
Packet Pg. 66
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) Aquatics Program Growth - Here are some highlights of program growth from last year to this year for programs. Lifeguards have stepped up and created a culture of safety and customer service that has turned out to be a reflection in our numbers. All programs were increased anywhere between 10% to over 50%. Aquatics had a great season and now we are continuing operations with the school district and Saturday operations which include Swim Lessons, Recreation Swim, Water Aerobics, and Lap Swim.

Lifeguarding Instructor Classes: All members of our Leadership team (Pool Managers & Senior Lifeguards) are now Lifeguarding Instructor (LGI’s). Being one of the only agencies with this many LGI’s on staff will not only help Patterson be able to teach more safety classes but will also be able to help the region out since LGI’s are scarce in the Central Valley, allowing our instructors the ability to help other agencies create more lifeguards and decrease the lifeguard shortage in the area. This certification allows staff to certify others in Lifeguarding, CPR/AED and First Aid, and many other safety classes with an accredited certification from the Red Cross. The next step would be to get our Leadership team EMR (Emergency Medical Responders) to better help them in their medical knowledge for incidents at the pool and make them better at critical thinking.

YAC: The Patterson Youth Action Commission had 5 meetings in August: These meetings helped to wrap up the summer and plan for the upcoming school year. Participants had their first meeting on August 15, 2023, at the Hammon Senior Center. They planned the August Teen Night and the Club Rush Day at Patterson High School. At Club Rush Day 20 interested teens signed up and will receive an email invitation to upcoming meetings.

Teen Night: The August Teen night had a drop in attendance which was expected with the start of the new school year. On August 17, 2023, YAC hosted a Teen Luau at the Hammon
Senior Center 16 teens attended.

Teen Outdoor Experience Grant:

Participants had two field trips this
month. The first was to Lake
Yosemite where they got to experience kayaking on the lake. The second on August 30, 2023, with a trip up to Big Sur where they received a tour from an Interpreter, and lessons on water life.

Patterson Farm to Fork:

Staff are gearing up for the 9/9/2023 Farm to Fork event. Tickets were on sale up to the end of August. The meal is catered by Green’s on Tenth, and Bronco Wine is the main wine taster. This event is to raise money for the Patterson Youth Scholarship Program.

Program FY 22-23 FY23-24
Swim Lessons 578 726
Family Swim 6,787 7,954
Water Aerobics 142 213
Swim Team 47 83
Jr. Guard 8 20
Concessions (Total Items
Sold)
4,605 6,820

5.7.c
Packet Pg. 67
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) August 2023
Community Development Department
Monthly Report
The following information is provided as an update regarding the Planning and Housing Division activities during the month of August and updates for previously approved projects.

Planning Commission Meetings
The August 10th and August 24th Planning Commission meetings were canceled. The next regularly scheduled meetings will be held on September 14th and 28th at 7:00 PM.

Master Plan Update
The Transportation Master Plan will be presented to the City Council in the near future.

The Parks and Recreation Master Plan will be presented to the City Council in the near future.

Status update for major projects approved during 2023
Architectural & Site Plan Reviews
- Sperry Avenue Self Storage - A&SP #22-08, 425 Sperry Avenue – Approved - Oak Harbor Freight – A&SP #22-09, Conditional Use Permit #23-02, S. Rogers Rd. - Submitted building permit application
Lot Line Adjustments
- Eagle Valley Investments, LLA #22-03, S. 1st Street – Approved Tentative Parcel Maps
- Keystone Pacific, TPM #22-03, Keystone Pacific Parkway - Approved

5.7.c
Packet Pg. 68
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) A&SP Architectural & Site Plan Review TPM Tentative Parcel Maps CUP Conditional Use Permit TSM Vesting Tentative Maps
LLA Lot Line Adjustment P/A Prezone/Annexation
PD Planned Development ORD Zoning Ordinances/Amendments RZN General Plan Amendment/Rezone VAR Variance
Status update for projects approved in previous years
• Chipotle Restaurant, A&SP #21-10, Sperry Avenue, east of Ward – Complete • Water Office Restaurant – A&SP #22-01, 22 N. Del Puerto Ave. – Site work underway • Southern Tire Mart, A&SP #21-09, CUP #21-10, 2275 Sperry Ave. – Submitted building permit application
• Sun Valley Industries #2, A&SP #22-02, S. Rogers Road – Approved • Apricot Vet Clinic, A&SP #22-03, CUP #22-04, S. Rogers Road – Applied for building permit
• VOP Townhouses, A&SP #22-05, N. 1st St. & English Birch Ave. – Approved • Scott Davis Used Car Sales, CUP #22-06, 317 S. 2nd Street – Approved • Poppy Mini-Storage – CUP #22-07, A&SP #22-06 - Approved • Grocery Outlet, A&SP #21-01, CUP #21-02, TPM #21-01, southeast corner of Sperry Avenue and the future extension of Rogers Road – Open for business • Dutch Bros. Coffee, A&SP #21-02, CUP #21-03, southeast corner of Sperry Avenue and future extension of Rogers Road, nearing completion
• VOP 2.1 LLC Lot 36 housing development, north of Olive Avenue, east of Sycamore, approved
• Popeye’s Restaurant, A&SP #21-07, CUP #21-07, north of Sperry Avenue, east of Park Center Drive, submitted building permit application

5.7.c
Packet Pg. 69
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) • Oishi Teri Sushi Restaurant, A&SP #21-08, CUP #21-08, north of Sperry Avenue, east of Park Center Drive, submitted building permit application • Love’s Travel Center, A&SP #19-07, CUP #19-07, Sperry Avenue and Rogers Road – Open for business
• S2A Modular, A&SP #20-01, CUP #20-04, TPM #20-01 – Site work underway • Nucleus Homeopathics, Inc., A&SP #20-02, CUP #20-05, 240 Park Center Drive – Submitted building permit application
• Arambel Business Park Warehouse, A&SP #19-02, Rogers Road – Submitted building plans • La Quinta Hotel, A&SP #19-04, CUP #19-04, Sperry Avenue – Submitted building plans, applicant delay
• Harvest Samoan Assembly of God Church, A&SP #19-05, CUP #19-05, 415 N. 1st St. – Site work underway
• Del Lago Mini Golf and Family Fun Center, CUP #17-05, A&SP #17-04, Annamarie Ave – Approved
• Hamen Truck Wash, A&SP #17-01, CUP #17-02, PD #17-01, east side of Park Center Drive, north of Flying J Travel Center – Nearing completion
• Del Puerto Hospital Project, A&SP #17-03, 821 E Street - Approved • Westside Self Storage Baldwin - A&SP #16-03, PD #16-02, TPM #16-03, DA #16-01, Baldwin Road, Submitted building permit for third phase
• Patterson Logistics Center – PD 09-02, VTPM 09-01, DA 09-01, ND 10-03, A&SP 12-05 – Approved
• McShane Companies A&SP 07-04 (Phase 3) – Approved
Major Subdivisions
Villages of Patterson
• Villages of Patterson Apartments, A&SP #18-02, Olive Avenue – Submitted building permit • Landon Lane Apartments, A&SP #19-03 – Approved
• Self Help Enterprises single family units – second phase under construction • Patterson Ranch – nearing completion
• Clayton Shire – construction underway
• Camden Shire – construction underway
• Triplexes – construction underway
Housing Projects and Programs
• CDBG: Preliminary work on 5th Street Infrastructure project underway. • HOME: City Staff continues to work with First-time Homebuyer Applicants seeking loan approvals.

5.7.c
Packet Pg. 70
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) 1 DEPARTMENT OF PUBLIC WORKS
“Public Works – Improving Your Quality of Life”

MONTHLY STAFF REPORT
August 2023
Administration & Environmental Compliance Division
 The formal SRF loan agreement was approved and has been fully executed for the WQCF LEED Administration Building Project. The bids were opened, and the contract has been awarded to BOBO Construction. The project should be completed in the next month. A site inspection is scheduled with the State Water Board SRF division in November (Last update:

August 2023).
 The city has received for SRF Loan funding for a city water meter system replacement project.

The project would replace older water meters in the city to help with water system revenue losses and improve overall utility system management. The project was awarded, and the Contractor (Flowline Inc.) has been replacing meters. Over 70% of the meters have been replaced. (Last update: August 2023).
 Staff have been working with Willdan Consulting on updating several City facility, Parks and Recreation impact fees. Staff has met with the consultant and the Parks & Recreation Master Plan consultant during October to go over the costs associated with parks/recreational facilities. The impact fee study is complete, and staff will be presenting the item to the Council for approval of the new proposed fees in the next couple of months. (Last Update:

August 2023).
 Staff has been working closely with Planning, Recreation/Community Services, and Engineering on the new Parks Master Plan update. Community Outreach has been in progress for over two months through attendance at community events, surveys have been collected via the City’s social media, website, and other avenues. Once the plan is complete, staff will present this item to the Council for approval. The Downtown Visioning and Master plan was presented to the Parks, Recreation and Beautification Commission on September 21, 2022. The item will be coming to the City Council for approval in the next couple of months. (Last Update: June 2023).
 2023 Slurry Seal Project: Staff completed its initial scope of work for a slurry seal project within the City’s Benefit Assessment Districts. The project totals approximately $3,580,000 for 11 individual areas of the city. (Last update: June 2023).  Community Recycling Day was held on August 26 at the Aquatics Center Parking Lot, 1033 W.

Las Palmas Avenue. The event included Household Hazardous Waste, Electronic Waste Recycling, Waste Tire Collection, Mattress Collection and Paper Shredding Services. The event had good participation from the community. A report will be presented to Council in the near future. (Last updated: August 2023).

5.7.c
Packet Pg. 71
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) 2 Grants and Special Projects
 South Park Per Capita Grant: The city had the bid opening for this project this month. The item is scheduled for the September 19th Council agenda to award the construction contract. (Last Update: August 2023).
 These are the main projects which Public Works and Engineering are focusing on. These projects include:
o Staff continue to work with Engineering to develop the City’s Track 1 Trash Implementation Plan to comply with the State’s Trash Policy requirements. The plan was submitted to the State in December 2018 and the City has 10 years from this date to complete the implementation of their full trash capture plan. Design funds were approved in the FY 19/20 budget. Proposals for design were received and a consultant agreement is currently in progress. The kickoff meeting was held, and the project is currently in progress. The city will be submitting their implementation plan and full trash capture device option(s) to the State. Once approved, staff will work on the next phases of this project which includes preliminary projects design/bid plans.

The city will be exploring Prop 1 grant opportunities for this project. (No change). o WQCF Administration LEED Building. Construction is close to completion. The Contractor is working with the city to finalize all remaining items. The building is scheduled for occupancy in November. (Last update: August 2023). o Ward Avenue Sewer Lift Station Rehabilitation Project. Bids were received, all were significantly over budget. The council has rejected all bids. (Last update: June 2023). o Slurry Seal Project. The scope of the work is being determined and preliminary design is underway. (Last update: June 2023).

F.O.G (Fats, Oils, & Grease) Program
The city currently has two Public Works inspectors conducting FOG and stormwater inspections.

FOG inspections are being performed on a regular basis to ensure compliance. (Last Update:

April 2023).

Storm Water Pollution Prevention Program
 A new Phase II Stormwater Permit is in progress at the State level. Once it is adopted, it will be implemented. The city must comply with everything that is in the current permit. It is anticipated that the new permit will be implemented in 2024. Under this new permit, the school districts will be brought in and will be required to have their own stormwater programs. (Last Update: August 2023).
 The City awarded the design contract to Stantec Engineering for the design of the City’s trash capturing system. The System will consist of trash capturing devices and improvements at the Olive Avenue regional basin and Salado Creek. The kickoff meeting is scheduled for September 14, 2023. The city is exploring grant opportunities for this project through the State Water Resources Control Board. (Last updated: August 2023).

5.7.c
Packet Pg. 72
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) 3 Water Division & Water Conservation Program
The State Water Resources Control Board has rescinded the mandatory conservation standards that have been in place since 2015. The reporting requirements and prohibitions on water waste will remain. The current prohibitions against wasteful water use practices include outdoor watering during or within 48 hours after a rain event; hosing down a sidewalk instead of using a broom or a brush; and overwatering a landscape to where water is running off onto the sidewalk or into the gutter.

August 2023 Water Production
Well Production
2 16,000
4- NP 6,311,000
5 44,056,000
6 0
7 3,288,000
8 19,407,745
9 30,711,000
11 35,896,000
Keystone-NP 0
Floragold-NP 22,607,600
TOTAL 162,293,345

1. Number of Follow-ups: 0

2. Number of Warning/Violations: 102

3. Number of Penalties: 0

4. Water Service Connection Requests: 45

5. Water Service Connection Turnoffs: 43

6. Water Work Orders: 34- zero usage, high usage, new meter, leak at meter and meter change.

Committees & Commission
Parks & Recreation and Beautification Commission:
 A regular meeting was held on August 14, 2023, and the agenda and minutes are on the Council’s agenda for review. The next meeting is scheduled for September 20, 2023. (Last Update: August 2023).
 Safety (JEMSAC) Committee: The committee held its monthly meeting on August 17, 2023.

The Safety Committee will hold its next meeting on September 21, 2013. (Last update: August 2023).

5.7.c
Packet Pg. 73
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) 4 Permits Issued
Encroachment Permits, Fire Hydrant Use Permits, Other Permits Issued by Public Works:
 Encroachment Permit = 1
 Fire Hydrant Use Permits = 0
(Last update: August 2023).

Streets/Collections Division
Work Orders: Streets/Sidewalks = 24 Alleys/Garbage = 3 Collections = 4 Seasonal Tasks:
 Storm drains maintenance.
 Repaired potholes throughout the city.
 Performed sewer maintenance.
 Performed sidewalk repairs.
(Last update: August 2023).

Electrical Division
Work Orders: Streetlights = 7
Seasonal Tasks this Month:
 Repaired streetlights throughout the city.
 Reviewed Electrical/SCADA plans for Engineering.
 Continued upgrades at the WQCF.
 Worked on Internet issues at the WQCF.
(Last Update: August 2023).

Urban Forestry Division
Work Orders: Urban Forestry: 66
Seasonal Tasks this Month:
 Performed tree maintenance.
 Addressed requests for service.
(Last update: August 2023).

Parks, Landscape & Building Maintenance Divisions
Park Reservations: All parks are currently closed to reservations and are on a first come first served basis.

Work Orders: Building Maintenance: 15 Parks: 12
Seasonal Tasks & Projects:
 Continued maintenance of all parks and easements.
 Focused on maintenance pruning in LMDs.
 Performed routine maintenance at City Hall.

5.7.c
Packet Pg. 74
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) 5 (Last update: August 2023).

Fleet Services Division
Number of PW equipment repaired/serviced: Number of PW equipment repaired/serviced:
48 Public Works, Recreation and Community Service vehicles and 1 Fire vehicles. (Last update: August 2023).

5.7.c
Packet Pg. 75
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) 6 Water Quality Control Facility (WQCF)

MONTHLY FLOWS AND AVERAGES – AUGUST 2023
AUGUST 2023 INFLUENT SPOD* NPOD* AIPS

TOTAL FLOW,
MG/ month

53.420 36.630 14.599 2.191
AVG FLOW, MGD 1.723 1.182 0.471 0.071
HIGH FLOW, MGD 1.824 1.318 0.553 0.125
LOW FLOW, MGD 1.562 1.086 0.432 0.125
Total Capacity,
MGD

2.25 1.25 .200
* SPOD- South Plant Oxidation Ditch (new)              * NPOD- North Plant Oxidation Ditch (old) Alarms/Callouts:

Alarms = 287
Callouts = 3
Seasonal Tasks:

1. AIPS back online.

1. Process control under adjustment for current weather conditions.

2. Continuing Annual PM work.

3. Washer compactor back online.

4. North plant aerator #2 fixed back online.

LABORATORY RESULTS
AUGUST 2023
Avg.

BOD5 TSS TDS pH EC NO3-N TKN TN-N Na Cal
Influent 170 140 * 7.50 * * * * * *
Effluent. 5.0 10 1100 7.75 1850 .59 .96 1.5 220 330
* Not required
(Last update: August 2023).

5.7.c
Packet Pg. 76
Attachment: Monthly Department Report August 2023 (Monthly Department Reports) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Juliene Flanders, Recreation & Community Services Director MEETING DATE: September 19, 2023
ITEM NO: 5.8
SUBJECT: Approve Street Closure for Patterson High School Homecoming Parade, Downtown on Friday, October 6, 2023.

RECOMMENDATION
Motion to Approve Street Closure for Patterson High School Homecoming Parade, Downtown on Friday, October 6, 2023.

BACKGROUND
Attached is a letter from Patterson High School requesting the City Council approve parade route and police escorts for their annual Homecoming Parade on Friday, October 6, 2023. Attached is a map of the parade route. Street closures around the Circle will be required by Public Works staff during the time of the Parade, approximately 11:00 am -1:15 pm.

Parade Route:

Begin in front of PHS (7th St side)
Left on Las Palmas
Down Las Palmas to Circle
Follow Traffic Circle Back to Las Palmas
Right on Las Palmas
Right on 7th Street

5.8 Packet Pg. 77

ANALYSIS
The Event Coordinator has complied with submitting the following information:
• Letter of Request
• Special Event Application
• Site Street Closure Map
• Event Insurance

FISCAL IMPACT
None at this time, staff time for Police and Public Works can be managed during regular work hours.

5.8 Packet Pg. 78

5.8.a
Packet Pg. 79
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 80
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 81
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 82
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 83
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 84
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 85
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 86
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 87
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 88
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 89
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 90
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 91
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 92
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 93
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade)

5.8.a
Packet Pg. 94
Attachment: Special_Event_Application-Completed_by_Applicant (Approve Street Closure for Patterson High School Homecoming Parade) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: September 19, 2023
ITEM NO: 5.9
SUBJECT: Approve the Replacement & Surplus of 2007 Diesel Freight Liner Truck & Chipper Box (Vehicle #4) with new CARB compliant truck & Authorize a Budget Adjustment in the Amount of $101,545.45.

RECOMMENDATION
Motion to Approve the Replacement & Surplus of 2007 Diesel Freight Liner Truck & Chipper Box (Vehicle #4) with new CARB compliant truck & Authorize a Budget Adjustment in the Amount of $101,545.45.

BACKGROUND
The California Air Resources Board (CARB) has implemented several regulations and compliance programs aimed at reducing emissions from heavy-duty diesel vehicles operating in the state. These regulations are part of California's broader efforts to improve air quality and combat climate change. Here are some key aspects of CARB compliance for heavy-duty diesel vehicles:

Truck and Bus Regulation: CARB's Truck and Bus Regulation requires owners of heavy-duty diesel vehicles (weighing over 14,000 pounds) to install diesel particulate filters (DPFs) or upgrade to cleaner vehicles. The regulation is designed to reduce emissions of particulate matter and oxides of nitrogen (NOx), which are major contributors to air pollution.

On-Road Heavy-Duty Diesel Vehicles: CARB sets emissions standards for on-road heavy-duty diesel vehicles, including trucks and buses. These standards specify the maximum allowable emissions levels for NOx and particulate matter.

5.9 Packet Pg. 95
The City of Patterson operates a fleet of trucks essential for maintaining the city’s infrastructure.

As part of our commitment to environmental sustainability, air quality improvement, and regulatory compliance, the organization regularly evaluates the environmental impact and compliance status of our vehicles.

One of our trucks, vehicles, truck #4, a 2007 Freightliner, which has been in service for 16 years, is currently out of compliance with the particulate matter filter requirements. This noncompliance poses several significant issues:

Environmental Impact: The out-of-compliance truck emits higher levels of particulate matter, contributing to air pollution and potentially impacting public health and environmental quality in our community.

Reputation: Operating a non-compliant vehicle may negatively affect our organization's reputation, especially considering our commitment to environmental responsibility.

Regulatory Risk: Continued operation of the non-compliant truck exposes the city of Patterson to regulatory risks, including potential fines, penalties, and legal liabilities.

ANALYSIS
Environmental Benefits: Replacing the out-of-compliance truck with a compliant one will lead to a significant reduction in emissions of particulate matter, improving local air quality. The reduced emissions align with the city of Patterson’s sustainability goals and contribute to the broader effort to combat climate change and protect public health.

Regulatory Compliance: Operating a compliant truck ensures that the city of Patterson remains in full compliance with all relevant environmental and emissions regulations. Compliance eliminates the risk of fines, penalties, and legal actions, which could have financial and reputational consequences.

Community and Stakeholder Relations: Replacing the non-compliant truck demonstrates the city of Patterson’s commitment to environmental stewardship and responsibility to our community. It aligns with the expectations of stakeholders, including residents, regulatory authorities, and environmentally conscious customers.

Resale and Asset Value: The existing out-of-compliance truck's resale value is likely to diminish over time due to its non-compliant status. Reselling it now and replacing it with a compliant truck may yield better financial returns for the city of Patterson.

To address these concerns and fulfill our obligations to the community, staff is proposing to replace truck #4 with a new, CARB compliant 2022 Ram 5500 Crew Cab DRW 4x4, Scelzi body Chipper Truck.

FISCAL IMPACT

5.9 Packet Pg. 96
The price of the new truck is $121,545.45 and will be funded by a 50% cost split between garbage and general fund.

Savings from FY 23/24 budgeted in General Fund 100-781-7560 for chipper unit in the amount of $20,000 will be used towards the costs of this truck unit. Therefore, a difference in the amount of $101,545.45 is needed.

Total Cost = $121,545.45
Savings Amount = $20,000
Funds Needed = $101,545.45
50% Garbage (600-790-7560) Fund = $50,772.73
50% General (100-781-7560) Fund = $50,772.73
Once the new unit is in service, truck #4 will be put up for online auction out of state. Estimated revenue from the sale is approximately $20,000 and will be allocated to the General Fund.

5.9 Packet Pg. 97
Finding the Right Work Truck in Watsonville
Watsonville Chrysler Dodge Jeep Ram: (831) 322-0342
555 Auto Center Drive, Watsonville, CA 95076
2022 Ram 5500 Crew Cab DRW 4x4, Scelzi Chipper Truck (Stock #JT22407)
 Back To Search Results
Photos may be stock images.
 Window Sticker
Vehicle Notes
2022 Ram 5500HD Tradesman Bright White
Clearcoat Cummins 6.7L I6 Turbodiesel Price
includes $40,915 dealer added accessories.

Chassis Details 
Stock Number JT22407
Stock Type New
Year 2022
Make Ram
Model Ram 5500
Class 5
Drive Train 4x4
Cab-to-Axle 84
Cab Type Crew
Vehicle Trim Tradesman
Vehicle VIN 3C7WRNFL8NG434168
Interior Color Diesel Gray/Black
Exterior Color Description White
Engine Cylinder Count 6
Transmission Type Automatic
Rear Wheels Dual
Fuel Type Diesel
Engine Make Cummins
Engine Size (L) 6.7
Photos may be stock images.
 Scelzi Chipper
 Watch Video
Body Details 
Manufacturer
Body Type Chipper Truck
Body Line Chipper Truck
Body Model 12' Chipper Body
Alarm Manufacturer ECCO
Alarm Description 510 Back Up Alarm
Body Material Steel
Body Width 88"
Body Length 12'
Body Inside Height 78"
Body Inside Width 88"
Body Color White
Bulkhead Description with 3 Corrugations
Bulkhead Gauge 12
Door Type Swing
Door Location Rear
Door Height 30"
Floor Material Steel
Floor Gauge 10
Hitch Type Receiver
Hitch Description With Buck Plate
Hitch Class V
Share

Save

Print

Contact
for more info.

Watsonville Chrysler Dodge Jeep Ram
(831) 322-0342
Vehicle available NOW in Watsonville, CA
Price $108,995

5.9.a
Packet Pg. 98
Attachment: New_2022_Ram_5500_Chipper_Truck (Approve the replacement & Surplus of 2007 Diesel Freight Liner Truck & Chipper Box) Horsepower 360
Brake Type Hydraulic Vehicle Options

Quick Order Package 2YA Tradesman

4.44 Axle Ratio

4.89 Axle Ratio

19.5" x 6.0" Steel Wheels
View All
Lighting Type LED
Lighting Location Exterior
Side Description 2 Rows Corrugations and Vertical Posts Side Gauge 12
Hoist Manufacturer Scelzi
Hoist Model CS615T-11
Hoist Type Electric/Hydraulic
Hoist Capacity 11.2 Ton Roof Description 2 Roof Vents Per Side Alarm Type Body Up
Alarm Description Light
Cargo Control Description Pruner Box Toolbox Type Backpack Toolbox Description Chipper Back Pack 96 X 24 x 30 Underbody and (2) 48
X 24 X 18 Frame Mounted
Trailer Plug Type 7 Prong Flat
Camera DescriptionFactory Backup Camera
Chipper Truck Features
All Scelzi Chipper Bodies are based on a Flatbed
Dump body and share certain features and traits,
including:

Scelzi Chipper Bodies are designed to assist with the
removal of wood chips and other landscaping and forestry needs. They are constructed on a flatbed frame and have a hoist for dumping the contents of the bed Standard body is painted white FLOORING: 10 gauge High-Tensile steel
SIDES: 12 gauge sides with 2 rows corrugations
HOIST: Scelzi Premium quality hoist
REAR BARN DOORS: 48" high
HITCHES: A Class 4 Receiver Hitch along with 7/4 RV Plug Premium LED light package
Disclaimer:

While we make every effort to ensure the data listed here is correct, there may be instances where some of the factory rebates, incentives, options or vehicle features may be listed incorrectly as we get data from multiple data sources. PLEASE MAKE SURE to confirm the details of this vehicle (such as what factory rebates you may or may not qualify for) with the dealer to ensure its accuracy. Dealer cannot be held liable for data that is listed incorrectly.

5.9.a
Packet Pg. 99
Attachment: New_2022_Ram_5500_Chipper_Truck (Approve the replacement & Surplus of 2007 Diesel Freight Liner Truck & Chipper Box) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: September 19, 2023
ITEM NO: 6.1
SUBJECT: (Public Hearing Continued from August 15, 2023 Regular Council Meeting) Consideration of Appeal No. 23-01, By Central Valley-Sierra Associates Regarding (1) Resolution No. 2023-07 of the Patterson Planning Commission Revoking Conditional Use Permit No. 17-21 For Failure to Comply with Conditions of Approval; and (2) Resolution No. 2023-06 of the Patterson Planning Commission Recommending that the Patterson City Council Adopt an Ordinance Confirming the Termination of the Development Agreement By and Between the City of Patterson and Central Valley-Sierra Associates and Authorizing the Recording of a Notice of Termination.

RECOMMENDATION
Consideration of Appeal No. 23-01, By Central Valley-Sierra Associates Regarding (1) Resolution No. 2023-07 of the Patterson Planning Commission Revoking Conditional Use Permit No. 17-21 For Failure to Comply with Conditions of Approval; and (2) Resolution No. 2023-06 of the Patterson Planning Commission Recommending that the Patterson City Council Adopt an Ordinance Confirming the Termination of the Development Agreement By and Between the City of Patterson and Central Valley-Sierra Associates and Authorizing the Recording of a Notice of Termination.

BACKGROUND
I. SUMMARY OF APPEAL
Central Valley-Sierra Associates (“CVSA”) is company that operates a cannabis business in the City of Patterson (“City”) pursuant to a Development Agreement (“DA”) CVSA entered into with the City in 2017. After struggling to make the Public Benefit payments to the City for the

6.1 Packet Pg. 100
first few years of its operations, as required by the DA, and working with the City initially to defer some of those amounts, CVSA has since made some payments but continues to accrue a large delinquent Public Benefit amount. CVSA has not made any payments on the delinquent amount since June 2021 and currently owes a total of $1,374,250 to the City, which is the subject of this dispute.

A. Planning Commission Resolutions Passed July 13, 2023 Following a public hearing held on July 13, 2023, the City of Patterson Planning Commission (“Planning Commission”) passed Resolution No. 2023-07 revoking CVSA’s Conditional Use Permit (“CUP”) No. 17-21. The Planning Commission’s decision was based on the following reasons: (1) CVSA’s continued failure to make Public Benefit Amount payments to the City as they become due and payable, pursuant to Section 4.3 of the DA By and Between the City and CVSA, constitutes “full and sufficient grounds” for revocation; (2) upon termination of the DA by its own terms on or about July 4, 2022, CVSA was no longer in compliance with City requirements for the continued operation of the cannabis business (PMC section 6.56.030); and (3) the terminated DA and uncured Public Benefit default violates the CUP’s Conditions of Approval, including Conditions No. 1, No. 3, and No. 5.

Also, on July 13, 2023, following a public hearing, the Planning Commission passed Resolution No. 2023-06 recommending that the City Council adopt an Ordinance to confirm the termination of the DA as described above. Section 9.1. of the DA provides that upon termination of the DA, the City shall record a notice of such termination (“Notice of Termination”), and the DA shall be of no force or effect.

B. CVSA’s Appeal
On July 14, 2023, CVSA timely submitted its Application for Appeal, No. 23-01, and the required fee to the Community Development Department. (Exhibit A.) The Application states that CVSA intends to appeal the above two Planning Commission decisions to the City Council, and CVSA requests the City Council to take action to: (1) “reverse the Planning Commission’s decision to revoke the CUP”; (2) “ignore the recommendation to adopt an ordinance confirming termination” of the DA; and (3) “Instruct City Staff to engage in good faith talks with Appellant to (i) settle any outstanding issues, and (ii) amend the DA to replace the onerous financial obligations of Section 4.2 with the requirement to pay taxes solely with respect to the gross receipts of the cannabis business in accordance with the voter-passed initiative, Measure Y.” CVSA’s application states that the grounds for its appeal are “(1) The Planning Commission’s decision to revoke the CUP hinges on the finding of breach of the DA, which must be determined by the City Council; (2) “the breach in question relates to [] Section 4.2 of the DA, which is unenforceable by reason of being: an unconstitutional tax, an unconstitutional taking in violation of the Fifth Amendment, and against public policy against predatory and unconscionable terms; and (3) because Section 4.2 is an unenforceable provision of the DA, the City Council cannot find that the Appellant is in breach of its obligations for failing to abide by such provision.”
II. BACKGROUND

6.1 Packet Pg. 101
CVSA has long struggled with its Public Benefit payments and negotiated various agreements with the City. The full history of the negotiations, agreements, and payment history between the City and CVSA is as follows.
2017:

On December 5, 2017 the City adopted Ordinance No. 812 approving the DA for the operation of a cannabis dispensary business located at 100 West Las Palmas Avenue, Suite H, Patterson CA 95363, Assessor’s Parcel Number 131-003-012 (the “Site”). On December 21, 2017, the Planning Commission voted to adopt Resolution 2017-14, approving CUP No. 17-21, associated with CVSA’s application for a cannabis dispensary (the “Project”) to be located at the Site.

Section 4.2 of the DA requires CVSA to pay to the City certain amounts to offset the impacts to City infrastructure, services, and neighborhoods, commensurate with the private benefits conferred on CVSA (the “Public Benefit Amount”). CVSA failed to make the required Public Benefit Amount payments (the “Delinquent Public Benefit Amount”) by the agreed-upon terms, resulting in a default pursuant to Sections 4.3 and 8.1(a). 2018:

CVSA was scheduled to make its first Public Benedit payment on February 1, 2018 in the amount of $10,000. However, CVSA at the time was unable to open its business to the public and sought a deferral from the City for a portion of the Public Benefit Amount until CVSA could open its business to the public.

On August 18, 2018, the City sent CVSA a side letter (“First Side Letter”) agreeing to a deferral for a portion of the Public Benefit Amount until CVSA could open the Project (“Deferred Benefit Fee”) (Exhibit __ [First Side Letter].) At this point, CVSA owed $70,000 to the City in Public Benefit payments. Under the terms of the First Side Letter, as approved by the City Council, CVSA agreed to pay $35,000 (50% of that amount) in full by September 28, 2018, and pay the remaining amount in monthly payments over 12 months once the business opens to the public. CVSA agreed to the terms of the First Side Letter and executed it on November 29, 2018. 2019:

As of April 23, 2019, CVSA still had not opened the Project or made any payment on the Deferred Benefit Fee. As of that date, CVSA owed a total of $195,000 with a resulting Deferred Benefit Fee of $97,500. CVSA requested a deferral for a portion of that Deferred Benefit Fee.

The City Council agreed to the deferral, and on May 30, 2019, the City and CVSA entered into a second side letter (“Second Side Letter”) wherein CVSA agreed to pay 50% of the Deferred Benefit Fee ($48,750), within 60 days of opening the Project. CVSA further agreed and acknowledged that the Deferred Benefit Fee in the Initial Side Letter and the Public Benefit Amount shall be paid in full. CVSA accepted the terms and executed the Second Side Letter on May 30, 2019. (Exhibit __ [Second Side Letter].)
2020:

6.1 Packet Pg. 102
On June 7, 2020, the business opened to the public. (See Exhibit __ [July 31, 2013 letter from A.

Almaz].)
On October 28, 2020, the City Attorney sent a default notice to CVSA, explaining that the City has calculated the Developer’s outstanding Public Benefit Amount to be at $645,000. (Exhibit __ [October 28, 2020 letter].) By that date, CVSA had paid a total of $70,750 of the Public Benefit Amount. Based on CVSA’s partial payments and non-payments, the total Public Benefit Amount due by that date was $574,250. This is despite Developer’s license renewal documents showing Developer’s annual income at that time to be $700,000. The letter stated that CVSA’s failure to remit the required payments of the Public Benefit Amount to the City constitutes a default of the Agreement pursuant to section 8.1(a), subjecting CVSA to potentially substantial penalties for nonperformance under the DA.

The letter gave CVSA 10 days from the date of the letter to cure its default, after which the City would institute proceedings to terminate the DA and revoke the CUP, pursuant to the terms of the DA. CVSA did not cure the default as required.
2021:

On June 29, 2021, CVSA paid $25,000 to the City, and to date has made no further payments.

On October 21, 2021, the City wrote to CVSA and stated that CVSA was currently in default of the DA. (Exhibit __ [October 21, 2021 letter].) At this point, the total Public Benefit Amount owed was $799,250, and CVSA had paid a total of $95,750 toward the total Public Benefit Amount due. The City offered to settle the delinquent Public Benefit Amount for $79,925, or 10% of the total owed, as a full and complete satisfaction of the debt, together with CVSA’s agreement to be subject to the City’s cannabis tax on an ongoing basis, to establish a new Public Benefit schedule and to amend the DA to reflect these terms. CVSA never accepted this offer, remained in default of the DA, and made no further payments toward the Delinquent Public Benefit amount.
2022:

On June 17, 2022, following discussions between the City and CVSA in an attempt to the resolve the default and bring the Project current, City wrote a letter to CVSA and offered (a second time) to settle the entire Delinquent Public Benefit Amount for $79,925 and cure CVSA’s default, and provided 10 days’ notice that if the default was not cured during that period, the City would commence proceedings to revoke the CUP and terminate the DA. (Exhibit __ [June 17, 2022 letter].) CVSA did not accept the City’s offer but proposed a counteroffer with additional terms.

Thus, the City and CVSA did not reach an agreement to resolve the Delinquent Public Benefit Amount or to extend the term of the DA, and CVSA failed to cure the default. The DA, by its own terms, expired on or about July 4, 2022.
2023:

6.1 Packet Pg. 103
In or around January 2023, CVSA engaged a new company, Catalyst Cannabis Company (“Catalyst”) to assist with operation and management of the Project. Catalyst and the City engaged in further discussions but did not reach an agreement to resolve the Delinquent Public Benefit Amount, cure the default, or extend the term of the DA. On March 29, 2023, City sent notice to CVSA of its intent to revoke the CUP, pursuant to Section 8.1(b) of the DA, and received no response within the required 10 days. (Exhibit __ [March 29, 2023 letter].) III. AMOUNTS DUE
As of today’s date, the total accounting of the Delinquent Public Benefit is as follows:
$1,470,000: Total Public Benefit Amounts due as of July 31, 2023. ($95,750): Total Amount CVSA has paid to date as of July 31, 2023. $1,374,250: Public Benefit Amount currently due from CVSA.

IV. ALTERNATIVE ACTIONS
The City Council’s options are:

Affirm Planning Commission Resolutions 2023-07, revoking the CUP issued to CVSA, and 2023-06, Recommending that City Council Adopt an Ordinance Confirming Termination of the DA and Authorizing the Recording of a Notice of Termination; Reverse Planning Commission Resolutions 2023-07, revoking the CUP issued to CVSA, and 2023-06, Recommending that City Council Adopt an Ordinance Confirming Termination of the DA and Authorizing the Recording of a Notice of Termination; Continue the Appeal to a later date, with direction to staff for further action, if any.

ATTACHMENTS

1. Application for Appeal, No. 23-01, from CVSA, dated July 14, 2023

2. First Side Letter, from K. Irwin, dated August 10, 2018

3. Second Side Letter, from K. Irwin, dated April 23, 2019

4. Letter from CVSA attorney A. Almaz, dated July 13, 2023

5. Default Notice to CVSA, from N. Goldstein, dated October 28, 2020

6. Letter and Offer to Settle, from K. Irwin, dated October 21, 2021

7. Letter and Second Offer to Settle, from K. Irwin, dated June 17, 2022

8. Letter re Intent to Revoke CUP and Terminate DA, from N. Goldstein, March 29, 2023 V. FISCAL IMPACT
The City would lose potential tax revenue due to the closing of the cannabis dispensary at the Site, which would result from termination of the Development Agreement with CVSA.

6.1 Packet Pg. 104
Application for Appeal
CENTRAL VALLEY - SIERRA ASSOCIATES, INC. #>3-0/
[email protected]
Email
Appealing to:

Planning Commission
Ig City Council
$605.00
APPLICANT:

BY: I
JUL 1'42023
6/0
Community Development Department
1 Plaza, PO Box 667
Patterson, CA 95363
Ph. 209.895.8020
Fax 209.895.8019
www.ci.patterson.ca.us
Decision You Are Appealing:
(1) Decision by Planning Commission to revoke Conditional Use Permit No. 17-21 ("CUP") for failure to comply with conditions of approval; and
(2) Recommendation to City Council to adopt an ordinance confirming termination of the Development Agreement ("DA") between City and Catalyst, and authorizing the recording of a notice of termination of the DA.

Specific Action Appellant Wants Taken:
( 1 ) Reverse the Planning Commission's decision to revoke the CUP; (2) Ignore the recommendation to adopt an ordinance confirming termination; and (3) Instruct City Staff to engage in good faith talks with Appellant to (i) settle any outstanding issues, and (ii) amend the DA to replace the onerous financial obligations of Section 4.2 with the requirement to pay taxes solely with respect to the gross receipts of the cannabis business in accordance with the voter-passed initiative, Measure Y.

What are the grounds in which the Appellant relies in taking the appeal:
(1) The Planning Commission's decision to revoke the CUP hinges on the finding of breach of the DA, which must be determined by the City Council; (2) the breach in question relates to an Section 4.2 of the DA, which is unenforceable by reason of being: (i) an unconstitutional tax, an unconstitutional taking in violation of the Fifth Amendment, and against public policy against predatory and unconscionable terms; and (3) because Section 4.2 is an unenforceable provision of the DA, the City Council cannot find that the Appellant is in breach of its obligations for failing to abide by such provision.

FEE:

Applicant Name
100 W LAS PALMAS AVE, PATTERSON, CA 95363
Add ress/City/State/Zip:
909 210 7031
Phone Number
DATE:

CDD/PLANNING DIVISION

6.1.a
Packet Pg. 105 Attachment: Exhibit 1 - Application for Appeal No. 23-01 from CVSA dated July 14, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) I
WARNING: THIS DOCUMENT HAS SECURITY FEATURES IN THE PAPER 52861209

DOLLARS
Void After 180 Days
p£-
if 5 2B
& 120 qn- i:
;l 20
& lo n: 1000
& ?3 13 IllDate Recipient Name Description Amount
07/14/2023 City of Patterson Application for Appeal Fee $605.00 From: Central Valley - Sierra Associates
To: City of Patterson
TO THE
ORDER
OF
City of Patterson
1 Plaza
Patterson, CA 95363
52861209
07/14/2023
Central Valley - Sierra Associates
100 W. Las Palmas Suite
H
Patterson, CA 95363
07/14/2023
Reference GE05V3298ORD
I
2 g
e
Lead^
6 A .VK
Lead Bank
$**********605.00
PAY: Six Hundred Five and 00/100 ********************************************************** b

6.1.a
Packet Pg. 106
Attachment: Exhibit 1 - Application for Appeal No. 23-01 from CVSA dated July 14, 2023 (Appeal No. 23- City of Patterson
Administration Department
1 Plaza
P.O. Box 667
Patterson, California 95363
Phone (209) 895-8010 Fax (209) 895-8019
www.ci.patterson.ca.us
August 10, 2018
Central Valley – Sierra Associates
Attn: Sadie Schut
100 West Las Palmas Avenue, Suite H
Patterson, CA 95363
Re: Cannabis Development Agreement – Public Benefit Amount Payment Dear Ms. Schut:

This correspondence constitutes a side letter (“Side Letter”) concerning the development agreement (“Original Agreement”) between the City of Patterson (“City”) and Central Valley – Sierra Associates (“Developer”), relating to the Developer’s operation of a cannabis dispensary business (the “Project”).

Background
On November 7, 2017, the Patterson City Council (the “City Council”) adopted Ordinance No. 806 to establish a Cannabis Business Pilot Program, which allows for the regulation of cannabis businesses within the City pursuant to a development agreement and a conditional use permit. On December 5, 2017, the City Council adopted Ordinance No. 807 to establish zoning limitations and requirements for all cannabis businesses.

On December 5, 2017, the City Council approved Ordinance No. 812 which authorized Developer to operate the Project in exchange for the monthly payment of a “Public Benefit Amount.” Pursuant to Section 4.2 of the Original Agreement, Developer was scheduled to remit their first Public Benefit Amount on February 1, 2018 (“Public Benefit Due Date”), in the amount of Ten Thousand Dollars ($10,000) (the “Tier 1 Amount,” as defined in the Original Agreement).

Developer has yet to open their business to the public. Developer now seeks a deferral for a portion of their Public Benefit Amount until Developer opens its business to the public (“Deferral”).

Pursuant to the terms approved by the City Council, this Side Letter provides the City’s agreement to allow the Deferral, which is calculated upon the date of this Side Letter (the “Effective Date”), under the conditions outlined herein.

Analysis
I. Deferral Payment
Developer acknowledges and agrees that fifty percent (50%) of the Tier 1 Amount equals Five Thousand Dollars ($5,000) per month (“Deferral Payment”). City agrees to allow Developer to pay the Deferral Payment

6.1.b
Packet Pg. 107 Attachment: Exhibit 2 - First Side Letter From K. Irwin dated August 10, 2018 (Appeal No. 23-01, By Central Valley-Sierra Associates) 2 from the Public Benefit Due Date until Developer opens their business to the public. The chart below summarizes the current relevant amounts to the Deferral Payment:

Public Benefit Due Date Deferral Payment Number of Months in Deferral
Total Due as of the
Effective Date
February 1, 2018 $5,000 per month 7 $35,000
Developer acknowledges and agrees that Developer will be responsible for paying the Deferral Payment amount, each month, for every month that Developer fails to open their business to the public. In order to catch up on the amount of Thirty Five Thousand Dollars ($35,000), Developer must pay that amount in full by September 28, 2018. Ongoing payments for the Deferral Payment amounts will be due on the first day of each month.

II. Effect of Deferral
Developer acknowledges and agrees that fifty percent (50%) of the Tier 1 Amount equals Five Thousand Dollars ($5,000) per month (the “Remainder Amount”). Developer acknowledges and agrees to pay the Remainder Amount in twelve (12) monthly equal payments once their business opens to the public. Developer agrees and acknowledges that the Remainder Amount shall be paid, in addition to any Public Benefit Amount then due and payable.

All other terms and provisions of the Original Agreement shall remain in full force and effect. If any terms or provisions of this Side Letter conflicts with terms and provisions of the Original Agreement, the terms and provisions of this Side Letter shall control.

Sincerely,
Ken Irwin
City Manager

6.1.b
Packet Pg. 108 Attachment: Exhibit 2 - First Side Letter From K. Irwin dated August 10, 2018 (Appeal No. 23-01, By Central Valley-Sierra Associates)

ACKNOWLEDGMENT AND ACCEPTANCE
Developer acknowledges receipt ofthe foregoing Side Letter and agrees to act under and pursuant to the terms and conditions ofthe Side Letter.

DEVELOPER:

Central Valley - Sierra Associates
Cvrtrni vmmj -<§&rt it/ten*Joj^s
(name)
Date:
3 6.1.b
Packet Pg. 109 Attachment: Exhibit 2 - First Side Letter From K. Irwin dated August 10, 2018 (Appeal No. 23-01, By Central Valley-Sierra Associates) 8>\de bsBer *v
City of Patterson
Office of the City Manager
g
m
1 Plaza
P.O. Box 667
Patterson, California 95363
Bus. (209) 895-8015
Main (209) 895-8010
Email [email protected]
April 23, 2019
Central Valley - Sierra Associates
Attn: Sadie Schut
PO Box 135
Patterson, CA 95363
Re: Cannabis Development Agreement - Deferred Benefit Fee Payment Dear Ms. Schut:

This correspondence constitutes a side letter ("Side Letter") concerning the development agreement ("Development Agreement"), executed on January 1 , 20 1 8, between the City ofPatterson ("City") and Central Valley - Sierra Associates ("Developer"), relating to the Developer's operation of a cannabis dispensary business (the "Project").

Background
On November 7, 20 1 7, the Patterson City Council ("City Council") adopted Ordinance No. 806 to establish a Cannabis Business Pilot Program, which allows for the regulation of cannabis businesses within the City pursuant to a development agreement and a conditional use permit. On December 5, 201 7, the City Council adopted Ordinance No. 807 to establish zoning limitations and requirements for all cannabis businesses.

On December 5, 201 7, the City Council approved Ordinance No. 8 1 2 which authorized Developers to operate the Project in exchange for the monthly payment of a "Public Benefit Amount." Pursuant to Section 4.2 of the Development Agreement, executed on January 1, 2018, Developer was scheduled to remit their first Public Benefit Amount on February 1 , 201 8 ("Public Benefit Due Date"), in the amount ofTen Thousand Dollars ($10,000) (the "Tier 1 Amount." as defined in the Original Agreement).

On November 19, 2018, Developer executed a side letter ("Initial Side Letter") agreeing to a deferral for a portion ofthe Public Benefit Amount, in the amount of Five Thousand Dollars ($5,000) per month until the Developer opens the Project ("Deferred Benefit Fee").

As ofApril 23, 201 9, Developer has yet to open their Project nor made any payment on the Deferred Benefit Fee. Developer owes a total of One Hundred Ninety-Five Thousand Dollars ($195,000) with a resulting Deferred Benefit Fee of Ninety-Seven Thousand Five Hundred Dollars ($97,500). Developer now seeks a deferral for a portion of the Deferred Benefit Fee.

Pursuant to the terms approved by the City Council, this Side Letter provides the City's agreement to allow the deferral of a portion of the Deferred Benefit Fee, under the conditions outlined herein.

6.1.c
Packet Pg. 110 Attachment: Exhibit 3 - Second Side Letter from K. Irwin dated April 23, 2019 (Appeal No. 23-01, By Central Valley-Sierra Associates) Deferral Payment
Developer acknowledges and agrees that fifty percent (50%) ofthe Deferred Benefit Fee equals Forty-Eight Thousand Seven Hundred and Fifty Dollars ($48,750). City agrees to allow Developer to pay half of the Deferred Benefit Fee ($48,750) prior to opening its Project Developer acknowledges and agrees that fifty percent (50%) ofthe Deferred Benefit Fee equals Forty-Eight Thousand Seven Hundred and Fifty Dollars ($48,750) (the "Remainder Amounts. Developer acknowledges and agrees to pay the Remainder Amount within 60 days ofopening its Project. Developer agrees that ifthe payment is made after 60 days ofopening the Project, the Developer shall pay a penalty fee often percent (10%) ofall monies owed. "All monies owed" includes the Deferred Benefit Fee described in the Initial Side Letter, and all other Public Benefit Amount payments owed as described in the Development Agreement Developer agrees and acknowledges that the Remainder Amount shall be paid, in addition to any Public Benefit Amount agreed to in the Development Agreement, and the Deferred Benefit Fee amount agreed to in the Initial Side Letter, then due and payable.

All other terms and provisions ofthe Development Agreement and the Initial Side Letter shall remain in full force and effect Ifany terms or provisions ofthis Side Letter conflicts with the terms and provisions ofthe Development Agreement or the Initial Side Letter, the terms and provisions ofthis Side Letter shall control.

Sincerely,
Ken Irwin
City Manager
2 6.1.c
Packet Pg. 111 Attachment: Exhibit 3 - Second Side Letter from K. Irwin dated April 23, 2019 (Appeal No. 23-01, By Central Valley-Sierra Associates)

ACKNOWLEDGMENT AND ACCEPTANCE
Developer acknowledges receipt ofthe foregoing Side Letter and agrees to act under and pursuant to the terms and conditions ofthe Side Letter.

DEVELOPER:

Central Valley - Sierra Associates
qjntvn i v/a 1 y \ m
(name)
A
Date:
3 6.1.c
Packet Pg. 112 Attachment: Exhibit 3 - Second Side Letter from K. Irwin dated April 23, 2019 (Appeal No. 23-01, By Central Valley-Sierra Associates) CENTRAL VALLEY – SIERRA ASSOCIATES
401 Pine Avenue, Long Beach, CA 90802
Phone: (909) 210-7031 | Email: [email protected]

July 13, 2023

SENT VIA ELECTRONIC MAIL
Ken Irwin, City Manager
[email protected]
Dear City Manager,
By way of introduction, my name is Anthony Almaz, counsel for Central Valley – Sierra Associates (“CVSA”), a cannabis retail dispensary owned and operated by Sadie Schut. CVSA has been informed that the City of Patterson (the “City”) is scheduled to consider adopting the following resolutions (1) revoking Conditional Use Permit No. 17-21 (“CUP”) for Failure to Comply with Conditions of Approval; and (2) recommending that City Council adopt an ordinance confirming the termination of the Development Agreement (“DA”) between the City and Catalyst and authorizing the recording of a notice of termination of the DA. As you are well aware, this resolution comes as a result of the City’s belief that CVSA has failed to satisfy its obligation to pay the “Public Benefits” agreement pursuant to the DA.

In response, we believe the City has acted in extreme bad faith in its dealings with CVSA. Specifically, the facts and history of the City’s dealings demonstrate that the City has imposed obligations on CVSA and the other cannabis businesses that can be classified – at a minimum – as any of the following: (1) an unconstitutional business tax, (2) and “Taking” in violation of the Fifth Amendment, or (3) predatory and damaging lending practices.

Here is a brief background of the “Public Benefit” arrangements. On December 5, 2017, the City Council adopted Ordinance No. 812 approving the DA by and between the City and CVSA to allow Developer to operate a commercial cannabis retail business (the “Project”). Although no formal inquiry was made on the true economic costs to the City related to the business, the DA called for the following payments made to compensate the City for the expenses incurred related to the Project:

1. A payment equal to the greater of ten thousand dollars ($10,000.00) or five percent (5%) of the Business Gross Receipts, beginning the earlier of (i) the issuance of the CUP, or (ii) six (6) months from the effective date of the DA, then,

2. On the thirteenth (13th) month following the issuance of the CUP, a payment equal to the greater of $25,000.00 or five percent (5%).

Notably, these “Public Benefit” payments were required to be paid irrespective of whether the business received a CUP or began operations. In any case, a first payment was due by no later than October 1, 2018.

However, recognizing that there were substantial flaws in this financial arrangement, including the fact that CVSA had not commenced operations, on October 16, 2018, the City empowered the City Manager to enter

6.1.d
Packet Pg. 113 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates)

into “Side Letter” arrangements with CVSA in an attempt to provide relief. However, the Side Letter was nothing more than a payment deferral plan on past debt and required CVSA to continue to accrue debts to the City until the business opened – at which point, CVSA would be required to increase its required Public Benefits payments to satisfy its unpaid Public Benefits payment.

Under this payment plan, CVSA would need to open its business immediately in order to generate the income needed to repay the debt. However, due to a lack of communication by the City and unnecessary delays in permitting, CVSA was not able to open within the anticipated time frame (Note: any delay in opening the business would only financially benefitted the City). As such, on May 30, 2019, the parties entered into a Second Side Letter requiring CVSA to pay fifty percent (50%) of the Deferred Benefit Fee ($48,750) within sixty (60) days of opening the Project, and to agree to have paid in full the initial Deferred Benefit Fee from the Side Letter by the opening date. This was entered into knowing full well that, on November 6, 2018, the citizens of the City granting City Council to impose a standard business tax at a rate of up to fifteen percent (15%) of the gross receipts on a cannabis business.

CVSA was finally able to open the business on June 7, 2020, at which time, they were indebted to the City by well over one hundred thousand dollars ($100,000.00) (although its unclear what the exact amount was as the City has yet to provide an accounting).

After finally opening, and as a result of the confusing language of the First and Second Side Letter, it was entirely unclear how much CVSA owed the City. Like any business, CVSA had a slow start and was only able to make good faith payments to the City on its Public Benefits payments.

Then, on October 21, 2020, the City finally put in place a new tax program pursuant to Measure Y requiring that all cannabis businesses pay a business tax equal to “the greater of seven thousand dollars ($7,000.00) or seven percent (7%) of its gross receipts.” Yet again, the City sought to extract a minimum tax on a business regardless of whether or not it sold zero dollars ($0) or five hundred thousand dollars ($500,000.00).

After finally passing a more reasonable – yet unconstitutional tax – the City’s attorney sent CVSA Default Notice stating that, as of October 21, 2020, CVSA had incurred six hundred forty-five thousand dollars ($645,000.00) of debt to the City and has only paid a total of seventy thousand seven hundred and fifty dollars ($70,750.00) of that debt. According to the letter, this was despite “[CVSA’s] . . . showing that [CVSA] had annual income to be seven hundred thousand dollars ($700,000.00).” So, according to the City’s attorney, the City was entitled to nearly all the revenues generated by CVSA during that time, irrespective of the incredible expenses associated with running a dispensary.

Since then, all attempts to reason with the City and to work out a proper payment plan that reflects the economic realities have failed. Now, rather than looking at whether the City’s actions have made it impossible for this business to recover from its obligations, the City instead wishes to end the business once and for all.

6.1.d
Packet Pg. 114 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates)

Although it is unclear why the City has taking this incredibly harsh stance against one of its own businesses, what is clear is that the actions, policies, and programs established by the City did nothing more than create the false hope of a thriving business, using means that can only be described as both unconstitutional and predatory.
. . . .

With this in mind, we now implore the City to work with us in good faith to resolve these matters, including an entire forgiveness of all debts that were unconstitutionally imposed on the business by the City.

Should you have any questions, I can be reached by phone at (909) 210-7031 or via email at [email protected]
Respectfully Submitted,
Anthony Almaz
Counsel

6.1.d
Packet Pg. 115 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) $0.00

DEVELOPMENT AGREEMENT

RECITALS
{CW049135.4}
Attn: City Clerk
City of Patterson
P.O. Box 667
1 Plaza
Patterson, CA 95363

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code §6103

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

THIS DEVELOPMENT AGREEMENT (“Agreement”) is made and entered into this 5th day of December, 2017, by and between the CITY OF PATTERSON, a municipal corporation of the State of California (“City”) and CENTRAL VALLEY - SIERRA ASSOCIATES, a California nonprofit mutual benefit corporation (“Developer”). City and Developer may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

A. On October 9, 201 5, Governor Jerry Brown signed three bills into law (Assembly Bill 266, Assembly Bill 243, and Senate Bill 643) which are collectively referred to as the Medical Cannabis Regulation and Safety Act (“MCRSA”). MCRSA establishes a statewide regulatory system for the cultivation, processing, transportation, testing, manufacturing, and distribution of medical marijuana to qualified patients and their primary caregivers.

C. On June 27, 2017, Governor Jerry Brown signed into law the Medicinal and AdultUse Cannabis Regulation and Safety Act (“MAUCRSA”), which creates a single regulatory scheme for both medicinal and adult-use cannabis businesses.

MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in Commercial Cannabis B. On November 8, 2016, California voters enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act (“AUMA”), which establishes a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products, for use by adults 21 years and older, and to tax the growth and retail sale of cannabis for nonmedical use.

DEVELOPMENT AGREEMENT

CITY OF PATTERSON
& CENTRAL VALLEY-SIERRA ASSOCIATES

Stanislaus, County Recorder
Lee Lundriqan Co Recorder Office
DOC- 2018-0017054-00
Monday, MAR 12, 2018 14:02:09
Ttl Rd $0.00 Rcpt # 0004098009
AKN/R2/1-64
020189001705400064

6.1.d
Packet Pg. 116 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) Section 4.2. Public Benefit.

No Public Benefit Due
Collectively, these amounts shall be known as the “Public Benefit (c)
{CW049135.4}
Any failure or refusal of Developer to provide any statement or report to City, the State Taxing Authority, or any other State Licensing Authority, as required within the time required, or to pay such sums due hereunder when the same are due and payable in accordance with the provisions of this Agreement, may constitute full and sufficient grounds for the revocation or suspension of the Conditional Use Permit.

Section 4.4. Records. Developer shall keep records of all Commercial Cannabis Activity in accordance with Chapter 16 (commencing with Section 26160) of Division 10 monitoring compliance with any permits issued or approvals granted or the performance of any conditions (each a “Ministerial Fee” and collectively, the “Ministerial Fees”). $10,000 or 5% of Gross Receipts from
Operations each month, whichever is
greater (“Tier 1 Amount”).
$25,000 or 5% of Gross Receipts from
Operations each month, whichever is
greater (“Tier 2 Amount”).

DEVELOPMENT AGREEMENT

CITY OF PATTERSON
& CENTRAL VALLEY-SIERRA ASSOCIATES

(b)
Amount”.

Developer shall file an applicable statement that complies with the California State Board of Equalization, California Department of Tax and Fee Administration, or either’s successor agency (the “State Taxing Authority”) for sales tax purposes showing the true and correct amount of Gross Receipts from Operations of the Project during the applicable time period. Developer shall provide a copy of such statement to City upon request by City.

Section 4.3. Reporting. Developer shall provide City with copies of any reports provided to a State Licensing Authority within forty-five (45) days of that submission.

Effective Date
First (1st) Business Day of 1st Month
Following Issuance of the Conditional Use
Permit, or of sixth (6th) Month from
Effective Date, whichever is first. _
1st Business Day of the Thirteenth (13th)
Month Following Issuance of the
Conditional Use Permit Through the End of
the Term.
(a) The Parties acknowledge and agree that this Agreement confers substantial private benefits upon Developer that will place burdens upon City infrastructure, services, and neighborhoods. Accordingly, the Parties intend to provide consideration to City to offset these impacts that commensurate with the private benefits conferred on Developer (the “Public Benefit”). In consideration of the foregoing, Developer shall remit to City as follows:

6.1.d
Packet Pg. 117 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) [SIGNATURES ON FOLLOWING PAGE]
“DEVELOPER” “CITY”
Date: , 2018
Approved to as Form
{CW049 135.1}
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.

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

By:

Sadie Schut
Its: CEO

CITY OF PATTERSON, CA
a California Municipal Corporation
1 , 201#

CENTRAL VALLEY-SIERRA
ASSOCIATES, a California nonprofit
mutual benefit corporation
Zdic jcbux

CITY OF PATTERSON,
& CENTRAL VALLEY-SIERRA ASSOCIATES

Date:JCxoUCk(U 9)
Attest:

Maricela L. Vela
City Clerk
{CW049 135.1} {CW049 1 35. 1 } {CW049 1 35. 1 }

DEVELOPMENT AGREEMENT
(p) Calculation of Time Periods. All time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day.

By:

Ken Irwin
City Manager
By: Z '
Tom P. Hallinan
City Attorney

6.1.d
Packet Pg. 118 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) any permits issued or approvals granted or the performance Operations
(c)
{CW049135 4}

DEVELOPMENT AGREEMENT

CITY OF PATTERSON
& CENTRAL VALLEY-SIERRA ASSOCIATES

(b)
Amount”.

Effective Date
First (1st) Business Day of 1st Month
Following Issuance of the Conditional Use
I Permit, or of sixth (6th) Month from
I Effective Date, whichever is first.

I 1st Business Day of the Thirteenth (13th)
I Month Following Issuance of the
I Conditional Use Permit Through the End of
| the Term.
monitoring compliance with ; ' Of any conditions (each a "Ministerial Fee" and collectively, the "Ministerial Fees”)- Section 4.2. Public Benefit.
(a) The Parties acknowledge and agree that this Agreement confers substantial private benefits upon Developer that will place burdens upon City infrastructure, services, and neighborhoods. Accordingly, the Parties intend to provide consideration to City to ?, seJ these impacts that commensurate with the private benefits conferred on Developer (the Public Benefit”). In consideration of the foregoing, Developer shall remit to City as No Public Benefit Due.
$10,000 or 5% of Gross Receipts from
Operations each month, whichever is
greater ("Tier 1 Amount”).
$25,000 or 5% of Gross Receipts from
Operations each month, whichever is
greater (“Tier 2 Amount ).

Collectively, these amounts shall be known as the "Public Benefit (c) Developer shall file an applicable statement that complies with the California State Board of Equalization, California Department of Tax and Fee Administration, or either’s successor agency (the “State Taxing Authority”) for sales tax purposes showing the true and correct amount of Gross Receipts from Operations of the Project during the applicable time period. Developer shall provide a copy of such statement to City upon request by City.

Section 4.3. Reporting. Developer shall provide City with copies of any reports provided to a State Licensing Authority within forty-five (45) days of that submission.

Any failure or refusal of Developer to provide any statement or report to City, the State Taxing Authority, or any other State Licensing Authority, as required within the time required, or to pay such sums due hereunder when the same are due and payable in accordance with the provisions of this Agreement, may constitute full and sufficient grounds for the revocation or suspension of the Conditional Use Permit.

Section 4.4. Records. Developer shall keep records of all Commercial Cannabis Activity in accordance with Chapter 16 (commencing with Section 26160) of Division 10

6.1.d
Packet Pg. 119 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) \
August 10,2018
Re:

Background
Analysis
Deferral Payment I.

Cannabis Development Agreement - Public Benefit Amount Payment Dear Ms. Schut:

Developer acknowledges and agrees that fifty percent (50%) of the Tier 1 Amount equals Five Thousand Dollars ($5,000) per month (“Deferral Payment”). City agrees to allow Developer to pay the Deferral Payment Pursuant to the terms approved by the City Council, this Side Letter provides the City’s agreement to allow the Deferral, which is calculated upon the date of this Side Letter (the “Effective Date”), under the conditions outlined herein.

Pursuant to Section 4.2 ofthe Original Agreement, Developer was scheduled to remit their first Public Benefit Amount on February 1 , 20 1 8 (“Public Benefit Due Date”), in the amount ofTen Thousand Dollars ($ 1 0,000) (the “Tier 1 Amount,” as defined in the Original Agreement).

Developer has yet to open their business to the public. Developer now seeks a deferral for a portion oftheir Public Benefit Amount until Developer opens its business to the public (“Deferral”).

On November 7, 20 1 7, the Patterson City Council (the “City Council”) adopted Ordinance No. 806 to establish a Cannabis Business Pilot Program, which allows for the regulation of cannabis businesses within the City pursuant to a development agreement and a conditional use permit. On December 5, 2017, the City Council adopted Ordinance No. 807 to establish zoning limitations and requirements for all cannabis businesses.

Central Valley - Sierra Associates
Attn: Sadie Schut
100 West Las Palmas Avenue, Suite H
Patterson, CA 95363
City ofPatterson
Administration Department
1 Plaza
P.O. Box 667
Patterson, California 95363
Phone (209) 895-8010 Fax (209) 895-8019
www.ci.patterson.ca.us
On December 5, 20 1 7, the City Council approved Ordinance No. 8 12 which authorized Developer to operate the Project in exchange for the monthly payment of a “Public Benefit Amount.” This correspondence constitutes a side letter (“Side Letter”) concerning the development agreement (“Original Agreement”) between the City of Patterson (“City”) and Central Valley - Sierra Associates (“Developer”), relating to the Developer’s operation of a cannabis dispensary business (the “Project”).

6.1.d
Packet Pg. 120 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) Public Benefit Due Date Deferral Payment
February 1, 2018 $5,000 per month
II. Effect of Deferral
Sincerely,
2 Ken Irwin
City Manager
Developer acknowledges and agrees that Developer will be responsible for paying the Deferral Payment amount, each month, for every month that Developer fails to open their business to the public. In order to catch up on the amount of Thirty Five Thousand Dollars ($35,000), Developer must pay that amount in full by September 28, 20 18. Ongoing payments for the Deferral Payment amounts will be due on the first day ofeach month.

Total Due as of the
Effective Date
$35,000
Number of Months
in Deferral
7 All other terms and provisions ofthe Original Agreement shall remain in full force and effect. Ifany terms or provisions ofthis Side Letter conflicts with terms and provisions ofthe Original Agreement, the terms and provisions ofthis Side Letter shall control.

Developer acknowledges and agrees that fifty percent (50%) of the Tier 1 Amount equals Five Thousand Dollars ($5,000) per month (the “Remainder Amount”). Developer acknowledges and agrees to pay the Remainder Amount in twelve (12) monthly equal payments once their business opens to the public. Developer agrees and acknowledges that the Remainder Amount shall be paid, in addition to any Public Benefit Amount then due and payable.
from the Public Benefit Due Date until Developer opens their business to the public. The chart below summarizes the current relevant amounts to the Deferral Payment:

6.1.d
Packet Pg. 121 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) April 17, 2019
Dear Ms. Schut,
The Development Agreement establishes potential consequences for Central Valley's failure to pay any outstanding Public Benefit Amounts, including the assessment of a non-performance penalty. Central Valley's failure to comply with the terms of the Development Agreement may also delay or ultimately At this time Central Valley is in default of the Development Agreement and the deferral agreement. By not signing the deferral agreement, you are currently required to pay the full amount prescribed in the Development Agreement. To get back into good standing, Central Valley would need to pay the fees in full. If you prefer to sign the deferral agreement I will be comfortable letting you pay the deferral amount. The current non-deferred amount is $195,000 and the deferred amount owed is $97,500. At a minimum the deferred Public Benefit fee accompanying the signed deferral side letter will be required prior to obtaining a business license and opening business.

The site will also need to be inspected for the minimum compliance with Public Safety, ADA requirement, and a landscape plan will need to be submitted for review.

After careful consideration, we are unable to consider your request for forgiveness for the amount you owe for the past 6 months. On June 19, 2018, an agenda item was brought to City Council regarding the Public Benefit Fee for them to consider deferring the Public Benefit fee for the businesses that had not yet began business. This was due to the unavailability of vacant buildings or buildings that required major tenant improvements. At that time, they were strongly opposed to deferring more than 50% of the Public Benefit fee prior to the individual businesses opening their operations. As I had explained in my email to you on Nov 28, 2018, the Council was not interested in further cuts to the Public Benefit fee.

A resolution was passed that night that allowed the business to pay a deferred amount of 50% of the negotiated fee from the Development Agreement (DA) codified by a side letter to the DA. After the Business opened, they would be required to pay 100% of the Public Benefit fee plus would have to make up the deferred amount within one year of opening.

Central Valley Sierra Associates
Attn: Ms. Sadie Schut
PO Box 135
Patterson, CA 95363
City of Patterson
Office of the City Manager
1 Plaza
P.O. Box 667
Patterson, California 95363
Bus. (209) 895-8015
Main (209) 895-8010
Email kirwin@,ci.patterson.ca.us
As you are aware, the Patterson City Council ("City Council") approved a development agreement ("Development Agreement") by and between the City of Patterson (the "City") and Central Valley - Sierra Associates ("Central Valley") for the operation of a cannabis dispensary.

6.1.d
Packet Pg. 122 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) Sincerely,
2 The City's goal is to work with you to ensure compliance with the terms of the Development Agreement and is not assessing a non-performance penalty at this time. Please feel free to contact Kevin in the Finance Department if you have any questions regarding your payment amount. bar any subsequent City approvals necessary for the project, or ultimately result in the possible suspension or revocation of the project's CUP or termination of the Development Agreement.

If Central Valley fails to make the necessary Public Benefit payments, the City may exercise all options available under the Development Agreement, including, but not limited to, initiating the process of revoking the project's CUP and terminating the Agreement.

Ken Irwin
City Manager

6.1.d
Packet Pg. 123 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) churchwellwhite.com
October 28, 2020

VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED
Re: Development Agreement: Default: Notice
Dear Ms. Schut:

Failure to Pay Public Benefit
{CW098395 4)
In consideration for Developer's vested right to operate the Project, the Developer is required to pay the City a "Public Benefit Amount” due on the first business day of any applicable month. Pursuant to section 4.2 of the Agreement, Developer is obligated to This communication is formal notice that Developer is in default of the Agreement for the reason specified below. In the event the Developer fails to rectify the breach by the end of the Cure Period discussed below, the City will take the necessary steps to terminate the Agreement and revoke the Project's Conditional Use Permit ("CUP").

Archie Norris, PLC
2033 North Main Street, Suite 800
Walnut Creek, CA 94596
Sadie Schut
Central Valley - Sierra Associates
100 West Las Palmas Avenue, Suite H
Patterson, CA 95363
1414 K Street, 3'd Floor
Sacramento, CA 95814
T 916 468 0950 I F 916 468 0951
Nubia I Goldstein
T 916 468 0946
Nubia@churchwellwhite com
On December 5, 2017, the Patterson City Council ("City Council”) adopted Ordinance No. 812 approving the development agreement (the “Agreement”) by and between the City of Patterson (the "City”) and Central Valley - Sierra Associates, a California nonprofit mutual benefit corporation (the "Developer") to allow Developer to operate a commercial cannabis retail business (the "Project”) at 100 West Las Palmas Avenue, Suite H, Patterson, CA 95363 (the "Property").

Churchwell White LLP

6.1.d
Packet Pg. 124 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) {CW098395 4}
In addition to the Public Benefit Amount, the City is entitled to impose a NonPerformance Penalty of one percent (1%) to all past due payments, pursuant to section

4.5 of the Agreement, and an additional ten percent (10%) penalty for failing to comply with the Side Letter ("Non-Performance Penalties”). Bringing Developer into compliance with the Agreement forces the City to accrue considerable costs, and is a primary consideration when deciding whether to apply the Non-Performance Penalties. Although the City has not yet imposed the Non-Performance Penalties, it still remains an option. Further, section 4.6 of the Agreement imposes an additional On November 29, 2018, Developer executed a side letter ("Initial Side Letter") agreeing to a deferral for a portion of the Public Benefit Amount until Developer opens the Project ("Deferred Benefit Fee”). On May 30, 2019, the City and Developer entered into a second side letter ("Side Letter") wherein Developer agreed to pay Fifty Percent (50%) of the Deferred Benefit Fee, Forty-Eight Thousand Seven Hundred and Fifty Dollars ($48,750), within sixty (60) days of opening the Project. Developer further agreed and acknowledged that the Deferred Benefit Fee in the Initial Side Letter and the Public Benefit Amount shall be paid in full.
make minimum payments to the City of Ten Thousand Dollars ($10,000) or five percent (5%) of gross receipts, whichever is greater, from operations for the first twelve (12) months. On the first (1st) day of the thirteenth (13th) month of operation through the end of the Agreement, Developer is required to pay the City Twenty-Five Thousand Dollars ($25,000) or five percent (5%) of gross receipts, whichever is greater, from all operations.

Sadie Shut
October 28, 2020

Pursuant to section 4.2 of the Agreement, the City has calculated the Developer's outstanding Public Benefit Amount to be at six hundred and forty-five thousand dollars ($645,000.00). As of October 21, 2020, Developer has paid a total of seventy thousand seven hundred and fifty dollars ($70,750.00) of the Public Benefit Amount Based on Developer's partial payments and non-payments, the total Public Benefit Amount due to date is five hundred and seventy-four thousand and two hundred and fifty dollars ($574,250.00). This is despite Developer's license renewal documents showing Developer's annual income to be seven hundred thousand dollars ($700,000).

Developer's failure to remit the required payments of the Public Benefit Amount to the City constitutes a default of the Agreement pursuant to section 8.1(a).

6.1.d
Packet Pg. 125 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) Cure Period
Kind regards,
Churchwell White LLP
/s/ Nubia I. Goldstein
Nubia I. Goldstein
cc: Ken Irwin, City Manager (via email)
{CW098395 4)
Sadie Shut October 28, 2020

Non-Performance Penalty of eighteen percent (18%) per annum for failure to pay the one percent (1%) Non-Performance Penalty.

Developer has ten (10) calendar days of this notice (the "Cure Period”) to cure Developer's failure to pay the outstanding Public Benefit Amount in full. Once the Cure Period lapses and Developer has not made the required payment, the City may institute procedures to terminate the Agreement and revoke the CUP.

If you have any questions or concerns regarding the contents of this letter, please do not hesitate to contact me.

6.1.d
Packet Pg. 126 Attachment: Exhibit 4 - Letter from CVSA Attorney A. Almaz date July 13, 2023 (Appeal No. 23-01, By Central Valley-Sierra Associates) churchwellwhite.com
1414 K Street, 3rd Floor
Sacramento, CA 95814
T 916.468.0950 | F 916.468.0951
{CW098395.4}
October 28, 2020

VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED
Sadie Schut
Central Valley – Sierra Associates
100 West Las Palmas Avenue, Suite H
Patterson, CA 95363
Archer Norris, PLC
2033 North Main Street, Suite 800
Walnut Creek, CA 94596
Re: Development Agreement: Default: Notice
Dear Ms. Schut:

On December 5, 2017, the Patterson City Council (“City Council”) adopted Ordinance No. 812 approving the development agreement (the “Agreement”) by and between the City of Patterson (the “City”) and Central Valley – Sierra Associates, a California nonprofit mutual benefit corporation (the “Developer”) to allow Developer to operate a commercial cannabis retail business (the “Project”) at 100 West Las Palmas Avenue, Suite H, Patterson, CA 95363 (the “Property”).

This communication is formal notice that Developer is in default of the Agreement for the reason specified below. In the event the Developer fails to rectify the breach by the end of the Cure Period discussed below, the City will take the necessary steps to terminate the Agreement and revoke the Project’s Conditional Use Permit (“CUP”).

Failure to Pay Public Benefit
In consideration for Developer’s vested right to operate the Project, the Developer is required to pay the City a “Public Benefit Amount” due on the first business day of any applicable month. Pursuant to section 4.2 of the Agreement, Developer is obligated to Nubia I. Goldstein
T: 916.468.0946
[email protected]

6.1.e
Packet Pg. 127 Attachment: Exhibit 5 - Default Notice to CVSA, from N. Goldstein, dated October 28, 2020 (Appeal No. 23-01, By Central Valley-Sierra Sadie Shut
October 28, 2020

{CW098395.4}
make minimum payments to the City of Ten Thousand Dollars ($10,000) or five percent (5%) of gross receipts, whichever is greater, from operations for the first twelve (12) months. On the first (1st) day of the thirteenth (13th) month of operation through the end of the Agreement, Developer is required to pay the City Twenty-Five Thousand Dollars ($25,000) or five percent (5%) of gross receipts, whichever is greater, from all operations.

On November 29, 2018, Developer executed a side letter (“Initial Side Letter”) agreeing to a deferral for a portion of the Public Benefit Amount until Developer opens the Project (“Deferred Benefit Fee”). On May 30, 2019, the City and Developer entered into a second side letter (“Side Letter”) wherein Developer agreed to pay Fifty Percent (50%) of the Deferred Benefit Fee, Forty-Eight Thousand Seven Hundred and Fifty Dollars ($48,750), within sixty (60) days of opening the Project. Developer further agreed and acknowledged that the Deferred Benefit Fee in the Initial Side Letter and the Public Benefit Amount shall be paid in full.

Pursuant to section 4.2 of the Agreement, the City has calculated the Developer’s outstanding Public Benefit Amount to be at six hundred and forty-five thousand dollars ($645,000.00). As of October 21, 2020, Developer has paid a total of seventy thousand seven hundred and fifty dollars ($70,750.00) of the Public Benefit Amount.

Based on Developer’s partial payments and non-payments, the total Public Benefit Amount due to date is five hundred and seventy-four thousand and two hundred and fifty dollars ($574,250.00). This is despite Developer’s license renewal documents showing Developer’s annual income to be seven hundred thousand dollars ($700,000).

Developer’s failure to remit the required payments of the Public Benefit Amount to the City constitutes a default of the Agreement pursuant to section 8.1(a).

In addition to the Public Benefit Amount, the City is entitled to impose a NonPerformance Penalty of one percent (1%) to all past due payments, pursuant to section

4.5 of the Agreement, and an additional ten percent (10%) penalty for failing to comply with the Side Letter (“Non-Performance Penalties”). Bringing Developer into compliance with the Agreement forces the City to accrue considerable costs, and is a primary consideration when deciding whether to apply the Non-Performance Penalties. Although the City has not yet imposed the Non-Performance Penalties, it still remains an option. Further, section 4.6 of the Agreement imposes an additional

6.1.e
Packet Pg. 128 Attachment: Exhibit 5 - Default Notice to CVSA, from N. Goldstein, dated October 28, 2020 (Appeal No. 23-01, By Central Valley-Sierra Sadie Shut
October 28, 2020

{CW098395.4}
Non-Performance Penalty of eighteen percent (18%) per annum for failure to pay the one percent (1%) Non-Performance Penalty.

Cure Period
Developer has ten (10) calendar days of this notice (the “Cure Period”) to cure Developer’s failure to pay the outstanding Public Benefit Amount in full. Once the Cure Period lapses and Developer has not made the required payment, the City may institute procedures to terminate the Agreement and revoke the CUP.

If you have any questions or concerns regarding the contents of this letter, please do not hesitate to contact me.

Kind regards,
Churchwell White LLP
/s/ Nubia I. Goldstein
Nubia I. Goldstein
cc: Ken Irwin, City Manager (via email)

6.1.e
Packet Pg. 129 Attachment: Exhibit 5 - Default Notice to CVSA, from N. Goldstein, dated October 28, 2020 (Appeal No. 23-01, By Central Valley-Sierra City of Patterson
Office of the City Manager
ll)lalir
l'.O. Ilor (r67
l'attclson. Cal ilirln ia 95-l(rl
IlLrs. (209) ll95'll0l 5
Nllin (209 ) ll(.)-r-80l0
l:nra iI k ir yt1i1,4q1p4q911L91q5

VIA EMAIL AND REGULAR MAIL
October 21,2021
Sadie Schut
Central Val ley-Sierra Associates
100 West Las Palmas Avenue, Suite H
Patterson,CA 95363
Re:Cannabis Development Agreement - Central Valley-Sierra Associates Dear Sadie Schut.

This correspondence concems the development agreement ("Development Asreement") between the City of Patterson feily) and Central Valley-Sierra Associates ("Develooer"), approved and adopted by the Patterson City Council in December 2017, for the operation of a cannabis retail business located at 100 West Las Palmas Avenue, Suite H, Patterson,CA 95363 (the "Proiect").

Developer is cunently in default of the terms set forth in the Development Agreement. As detailed below, there are several outstanding matters that need to be addressed.'Ihe City is implementing significant changes to the City's cannabis program that will apply to the Project, including amending the Development Agreement to include payment of a cannabis business tax as a requirement ibr the Project, a schedule to bring each operator current on their respective delinquent Public Benefit payments, and a timeline for completion of any construction or tenant improvements necessary for each cannabis business, ifapplicable.

To this end, this letter outlines the necessary changes to the Project's entitlements, including the Development Agreement, with the goal of bringing Developer back in good standing and enable the Project to operate under mutually beneficial terms.

Project Approval and Public Benefit
The Patterson City Council approved and adopted the Development Agreement in 2017. Under the terms of the Development Agreement, Developer is required to pay a monthly public benefit to City ("the Public Benefit"). Since the adoption of the Development Agreement and the subsequent land use entitlements for the Project, Developer and City have entered into alternative payment schedules of the Public Benefit at Developer's request. Developer requested and was granted a deferral ofhalfofthe amounts due until such time as the business opened to the public, with the remaining amounts due in twelve (12) equal payments after opening.

6.1.f
Packet Pg. 130 Attachment: Exhibit 6 - Letter and Offer to Settle, from K. Irwin, dated October 21, 2021 (Appeal No. 23-01, By Central Valley-Sierra Associates) The City's agreement to defer the Public Benefit was predicated on Developer's assurances that the defened amounts would be paid as agreed upon and that the Public Benefit would be paid on time moving forward. Developer has paid $95,750 to the City as payment toward the total Public Benefit due. However, as of the date of this letter, Developer is delinquent in Public Benefit payments in the amount of $799,250. Developer's failure to remit the required Public Benefit at the agreed upon time to the City has resulted in an overdue Public Benefit amount, (the "Delinquent Public Benefit"). Repayment of the Delinquent Public Benefit is critical to the Project's ability to continue operating.

Cannabis Business Tax
In 2018, City voters passed Measure Y authorizing the levy ofa tax on cannabis businesses at the rate of up to fifteen percent (15%) of gross receipts. Until recently, the City Council has not imposed a tax on cannabis businesses since Measure Y was adopted, but instead solely relied on the Public Benefit established in the operative development agreements for each cannabis business to collect revenue. The City Council adopted a resolution in July 2021, establishing a tax rate for all cannabis business operations, including retailers, cultivation, and manufacturing based on monthly gross receipts. The tax rate for retail is set at a rate ofseven percent (7%o); the tax rate for manufacturing is five percent (5%); and the tax rate for cultivation is two and a halfpe rcent (2.5%o).

Development Agreement Revisions and Repayment
Developer must agree to the following items within the specified timeframe in order to extinguish the Delinquent Public Benefit and bring the Project back to good standing:

1. Developer agrees to pay City Seventy nine thousand nine hundred twenty five dollars ($79,925) to offset the entire Delinquent Public Benefit (the "Adiusted Public Benefit').

Payment shall be made in full within sixty (60) calendar days of the date Developer executes the required Acknowledgement and Acceptance form attached to this letter. The new Adjusted Public Benefit is calculated as 107o of the total Delinquent Public Benefit.

2. Upon Developer's payment, City acknowledges full and complete satisfaction of the Delinquent Public Benefit. City agrees to waive the remainder of the Delinquent Public Benefit amount through September 30,2021.

3. City shall process and Developer shall agree to execute an amendment to the Development Agreement to address the following:
a. The Adjusted Public Benefit constitutes City and Developer's final compromise as to the Delinquent Public Benefit. In the event Developer fails to make the Adjusted Public Benefit payment by the due date, it shall constitute a breach of the Development Agreement and condition of approval for the Project and City may in its sole discretion begin the necessary proceedings to terminate the Development Agreement and revoke the Conditional Use Permit for the Project. Developer shall waive the notice and cure provisions associated with any such delinquency set forth in the Development Agreement.

6.1.f
Packet Pg. 131 Attachment: Exhibit 6 - Letter and Offer to Settle, from K. Irwin, dated October 21, 2021 (Appeal No. 23-01, By Central Valley-Sierra Associates) b. Developer will be subject to City's cannabis business tax on an ongoing basis. The amended Development Agreement will establish a new Public Benefit payment schedule requiring a monthly minimum payment of $7,000, or a 7Vo tax rate of Developer's gross receipts, whichever is higher. The new Public Benefit shall become effective on the first business day following adoption of the amended Development Agreement.

Your prompt attention to this matter is required. You must submit an executed Acknowledgement and Acceptance form by November 30,2021to give City stalf suflicient time to begin the process of amending the Development Agreement. The City's goal is for the Project to reach its full potential. However, the Project has not complied with its financial obligations to date. If the City does not receive an executed Acknowledgment and Acceptance form, we will initiate the proceedings to terminate the Development Agreement and revocation ofthe Project's Conditional Use Permit under the tenns ofthe Project approvals.

Please feel free to contact me or the City Attomey if you have any questions or concems.

Nubia I. Goldstein, City Attomey
Sincerely, ) ./r %/
Ken Irwin
City Manager

6.1.f
Packet Pg. 132 Attachment: Exhibit 6 - Letter and Offer to Settle, from K. Irwin, dated October 21, 2021 (Appeal No. 23-01, By Central Valley-Sierra Associates)

ACKNOWLEDGMENT AND ACCEPTANCE
Developer acknowledges receipt of the foregoing letter and agrees to act under and pursuant to the terms and conditions set forth herein.

DEVELOPER:

Central Valley-Sierra Associates
(name)
Date:

6.1.f
Packet Pg. 133 Attachment: Exhibit 6 - Letter and Offer to Settle, from K. Irwin, dated October 21, 2021 (Appeal No. 23-01, By Central Valley-Sierra Associates)

VIA EMAIL AND REGULAR MAIL
June 17, 2022
Re: Cannabis Development Agreement - Central Valley - Sierra Associates Dear Ms. Schut:

Development Agreement Revisions and Repayment
Sasha Brodsky
Attorney at Law
1362 Pacific Avenue, Suite 219
Santa Cruz, CA 95060
Central Valley - Sierra Associates
100 West Las Palmas Avenue, Suite H
Patterson, CA 95363
Attention: Sadie Schut
This correspondence concerns the development agreement (“Development Agreement'’) between the City of Patterson (“City”) and Central Valley-Sierra Associates (“Developer”), approved and adopted by the Patterson City Council in December 2017, for the operation of a cannabis retail business located at 100 West Las Palmas Avenue, Suite H, Patterson CA 95363 (the “Project”).

Following several discussions and based on Mr. Brodsky’s emails dated March 10, 2022 and December 6, 202 1 , you have requested a modification to the City’s proposal to bring your Project current and resolve all outstanding issues with the Project’s delinquent public benefit. After careful consideration, the City will not grant your request for any reduction or deferral of payment for the delinquent public benefit amount owed.

While the City will not agree to your proposed reduction and payment modifications, this letter outlines the necessary changes to the Project’s entitlements, including the Development Agreement, with the goal of bringing your Project back in good standing and enable the Project to continue operations.

You must agree to the following items within the specified timeframe in order to extinguish the delinquent public benefit and bring the Project back to good standing:

R 1
City of Patterson
Office of the City Manager
I Plaza
P.O. Box 667
Patterson. Cali torn ia 95363
Bus. (209) 895-8015
Main (209) 895-8010
Email k irwin@c i. patterson ,ca. us
1 . To offset the entire delinquent amount (the “Adjusted Public Benefit”), you must agree to pay City Seventy-Nine Thousand Nine Hundred Twenty-Five Dollars ($79,925.00). Payment shall be made in full within ten (10) calendar days of the date you execute the required Acknowledgement and Acceptance form attached to this letter. Further, you must pay the City seven percent (7%) of gross

6.1.g
Packet Pg. 134 Attachment: Exhibit 7 - Letter and Second Offer to Settle, from K. Irwin, dated June 17, 2022 (Appeal No. 23-01, By Central Valley-Sierra

2. 3.
a.
b.

Please feel free to contact me or the City Attorney if you have any questions or concerns.

Sincerely,
CC: Nubia 1. Goldstein, City Attorney
2 Ken Irwin
City Manager
receipts from operating the Project starting from the date of the previous offer letter dated October 21, 2021 to date. Full payment of this amount shall be made within thirty (30) calendar days of the date you execute the required Acknowledgement and Acceptance form.

Upon payment, City acknowledges full and complete satisfaction of the Adjusted Public Benefit.

City agrees to waive the remainder of the delinquent public benefit amount to date.

The Adjusted Public Benefit constitutes the final compromise as to the delinquent public benefit. In the event you fail to make the Adjusted Public Benefit payment by the due date, it shall constitute a breach of the Development Agreement and condition of approval for the Project and City may in its sole discretion begin the necessary proceedings to terminate the Development Agreement and revoke the Conditional Use Permit for the Project. You shall waive the notice and cure provisions associated with any such delinquency set forth in the Development Agreement.

As detailed in the letter dated September 21, 2021, you are currently in default of the terms set forth in the Development Agreement. In the event you fail to rectify the breach within 10 calendar days as outlined in this letter, the City will take the necessary steps to terminate the Development Agreement and revoke the Project’s Conditional Use Permit (“CUP”).

City shall process and you shall agree to execute an amendment to the Development Agreement to address the following:

You will be subject to City’s cannabis business tax on an ongoing basis. The amended Development Agreement will establish a new public benefit payment schedule requiring a monthly minimum payment of $7,000 or a 7% tax rate of Developer’s gross receipts, whichever is higher. The new public benefit shall become effective on the first business day following adoption of the amended Development Agreement.

Your prompt attention to this matter is required. You must submit an executed Acknowledgement and Acceptance form by July 5, 2022 to give City staff sufficient time to begin the process of amending the Development Agreement. The City’s goal is for the Project to reach its full potential. However, the Project has not complied with its financial obligations to date. If the City does not receive an executed Acknowledgment and Acceptance form, we will initiate the proceedings to terminate the Development Agreement and revocation ofthe Project’s Conditional Use Permit under the terms of the Project approvals.

6.1.g
Packet Pg. 135 Attachment: Exhibit 7 - Letter and Second Offer to Settle, from K. Irwin, dated June 17, 2022 (Appeal No. 23-01, By Central Valley-Sierra

ACKNOWLEDGMENT AND ACCEPTANCE
DEVELOPER:

Central Valley - Sierra Associates
(name)
Date:
3 Developer acknowledges receipt ofthe foregoing letter and agrees to act under and pursuant to the terms and conditions set forth herein.

6.1.g
Packet Pg. 136 Attachment: Exhibit 7 - Letter and Second Offer to Settle, from K. Irwin, dated June 17, 2022 (Appeal No. 23-01, By Central Valley-Sierra whitebrennerllp.com
1414 K Street, 3
rd Floor
Sacramento, CA 95814
T 916.468.0950 | F 916.468.0951
{CW127336.5}
March 29, 2023
VIA U.S. CERTIFIED MAIL RETURN RECIEPT
Sasha Brodsky, Esq.

Attorney at Law
1362 Pacific Avenue
Santa Cruz, CA 95060
Central Valley – Sierra Associates
100 West Las Palmas Avenue, Suite H
Patterson, CA 95363
Attention : Sadie Schut
Re.: Central Valley – Sierra Associates Development Agreement Dear Ms. Schut and Mr. Brodsky:

This is to advise that due to Central Valley-Sierra Associates’ (“CVSA”) longstanding default of the terms set forth in the development agreement (“Development Agreement”) between the City of Patterson (“City”) and CVSA, which expired in July 2022, the City will be taking action to confirm the expiration of the Development Agreement and revoke the Conditional Use Permit (“CUP”) issued to CVSA.

As you know, on December 5, 2017, the Patterson City Council (“City Council”) adopted Ordinance No. 812 approving the Development Agreement to allow CVSA to operate a commercial cannabis retail business at 100 West Las Palmas Avenue, Suite H, Patterson, CA 95363 (the “Project”). Under Section 1.7 of the Development Agreement, the initial term of the Development Agreement commenced on January 4, 2018, the date Ordinance 812 took effect. Under the terms of the Development Agreement, CVSA was required to pay a monthly public benefit to the City (the “Public Benefit Amount").

Following the adoption of the Development Agreement and the subsequent land use entitlements for the Project, CVSA and City entered into alternative payment schedules of the Public Benefit Amount at CVSA's request. CVSA requested and was granted a deferral of half the amounts due until such time as the business opened to the public (“Deferral Payment”), with the remaining amounts due in twelve (12) equal payments after opening.

Nubia I. Goldstein
T: 916.468.0946
[email protected]

6.1.h
Packet Pg. 137 Attachment: Exhibit 8 - Letter re Intent to Revoke CUP and Terminate DA, from N. Goldstein, March 29, 2023 (Appeal No. 23-01, By Central Sasha Brodsky, Esq.

Sadie Schut
March 29, 2023

{CW127336.5}
The City's agreement to defer the Public Benefit Amount was predicated on CVSA's assurances that the Deferral Payment would be paid as agreed upon and that the Public Benefit Amount would be paid on time moving forward. CVSA's failure to remit the required Public Benefit Amount at the agreed upon time to the City resulted in an overdue Public Benefit Amount (the “Delinquent Public Benefit Amount”) and constitutes a default of the Development Agreement pursuant to section 8.1(a).

Following several discussions and through emails from Mr. Brodsky dated December 6, 2021, and March 10, 2022, CVSA requested a reduction in amounts due and modification of City’s proposal to bring the Project current and resolve those outstanding issues with the Delinquent Public Benefit Amount owed.

On June 17, 2022, the City sent CVSA a letter declining CVSA’s proposed reduction and payment modifications to the Delinquent Public Benefit Amount. This letter also made an offer to resolve the entire Delinquent Public Benefit Amount for $79,925, subject to certain specified terms and conditions. The letter requested a response from CVSA within 10 calendar days, pursuant to Section 8.1(a) of the Development Agreement. In emails to the City following this letter, CVSA tried to amend this proposal. The most recent correspondence from Mr. Brodsky, dated December 19, 2022, proposed a counteroffer that included a payment plan and schedule, among other terms.

The City Council has rejected this counteroffer. Moreover, the Development Agreement expired on July 4, 2022. Section 1.7 of the Development Agreement provides that “the Initial Term and the Conditionally Extended Terms, if granted, shall not exceed fifty-hour (54) months, unless otherwise extended pursuant to the terms of this Agreement.” (Development Agreement, Sec. 1.7.) The City and CVSA have never agreed to an extension of the 54-month period, and the Development Agreement.

For the reasons explained above, the City has determined that it will no longer entertain discussions to resolve this delinquency and it will not be renewing or reinstating the Development Agreement with CVSA. This will provide notice that the City will be taking action to confirm the expiration of the Development Agreement and revoke the Project’s CUP under the terms of the Project approvals. Once a revocation hearing for the CUP is scheduled, the City will provide notice of the hearing in accordance with Section 8.1(c), Patterson Municipal Code section 18.14.050, and California Government Code sections 65090 and 65094.

Please contact me or City Manager Ken Irwin if you have any questions.

6.1.h
Packet Pg. 138 Attachment: Exhibit 8 - Letter re Intent to Revoke CUP and Terminate DA, from N. Goldstein, March 29, 2023 (Appeal No. 23-01, By Central Sasha Brodsky, Esq.

Sadie Schut
March 29, 2023

{CW127336.5} Regards,
White Brenner LLP
Nubia I. Goldstein
JSM/CA
Cc: Ken Irwin, City Manager

6.1.h
Packet Pg. 139 Attachment: Exhibit 8 - Letter re Intent to Revoke CUP and Terminate DA, from N. Goldstein, March 29, 2023 (Appeal No. 23-01, By Central Sasha Brodsky, Esq.

Sadie Schut
March 29, 2023

{CW127336.5}

DECLARATION OF SERVICE
I am a citizen of the United States, over the age of 18 years, and not a party to or interested in this action. I am employed by White Brenner LLP and my business address is 1414 K Street, 3rd Floor, Sacramento, CA 95814. On this day, I caused to be served the following document(s):

February 3, 2023 Notice of Intent to Seek Inspection and Abatement Warrant XX By United States Certified Mail Return Receipt. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses set forth below and deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid.

Jeffrey Smith and Michelle Smith
6212 Don Carlos Avenue
Riverbank, CA 95367
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 3, 2023, at Sacramento, California. ___________________________________
Patrick R. Barbieri

6.1.h
Packet Pg. 140 Attachment: Exhibit 8 - Letter re Intent to Revoke CUP and Terminate DA, from N. Goldstein, March 29, 2023 (Appeal No. 23-01, By Central City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: September 19, 2023
ITEM NO: 6.2
SUBJECT: (Public Hearing Continued from August 15, 2023 Regular Council Meeting) Approve First Reading and Introduction of Ordinance No. 870, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Confirming the Termination of the Development Agreement By and Between the City of Patterson and Central Valley-Sierra Associates and Authorizing the Recording of a Notice of Termination.

RECOMMENDATION
Motion to Approve First Reading and Introduction of Ordinance No. 870, Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson, Confirming the Termination of the Development Agreement By and Between the City of Patterson and Central Valley-Sierra Associates and Authorizing the Recording of a Notice of Termination.

BACKGROUND
Following consideration and recommendations from the City Planning Commission (“Planning Commission”), on December 5, 2017 the City adopted Ordinance No. 812 approving the Development Agreement (“DA”) for the operation of a cannabis dispensary business located at 100 West Las Palmas Avenue, Suite H, Patterson CA 95363, Assessor’s Parcel Number 131- 003-012 (the “Site”). On December 21, 2017, the Planning Commission voted to adopt Resolution 2017-14, approving Conditional Use Permit No. 17-21 (the “CUP”), associated with CVSA’s application for a cannabis dispensary (the “Project”) to be located at the Site.

Section 4.2 of the DA requires CVSA to pay to the City certain amounts to offset the impacts to City infrastructure, services, and neighborhoods, commensurate with the private benefits conferred on CVSA (the “Public Benefit Amount”), pursuant to the terms stated therein. CVSA

6.2 Packet Pg. 141
failed to make the required Public Benefit Amount payments (the “Delinquent Public Benefit Amount”) by the agreed-upon terms, resulting in a default of the DA, pursuant to Section 4.3 and

8.1(a).

On June 17, 2022, following discussions between the City and CVSA in an attempt to the resolve the default and bring the Project current, City wrote a letter to CVSA, in accordance with Section

8.1 of the DA, which specifies the nature of the default and the manner in which the default may be cured, included an offer to settle the Delinquent Public Benefit Amount and cure CVSA’s default, and provided 10 days’ notice that if the default was not cured during that period, the City would commence proceedings to revoke the CUP and terminate the DA. CVSA did not accept the City’s offer but proposed a counteroffer with additional terms. The parties did not reach a resolution.

In or around January 2023, CVSA engaged a new company, Catalyst Cannabis Company (“Catalyst”) to assist with operation and management of the Project. Catalyst and the City engaged in further discussions but did not reach an agreement to resolve the Delinquent Public Benefit Amount, cure the default, or extend the term of the DA.

Thus, the City and CVSA ultimately did not reach an agreement to resolve the Delinquent Public Benefit Amount or to extend the term of the DA, and CVSA failed to cure the default. The DA, by its own terms, expired on or about July 4, 2022.

ANALYSIS
Under Section 9.3 of the Development Agreement, the City has no further obligation to comply with the DA, or any portion thereof, upon its termination. The City’s obligations to CVSA stopped as of July 4, 2022, when the DA terminated pursuant to Section 1.7. On March 29, 2023, City sent notice to CVSA of its intent to revoke the CUP, pursuant to Section 8.1(b) of the DA, and no response was received within the required 10 days.

Section 9.1. of the DA provides that upon termination, the City shall record a notice of such termination (“Notice of Termination”), and the DA shall be of no force or effect. Section 9.3. provides that termination of the DA does not eliminate the City’s right to seek any applicable and available remedies or damages based on acts or omissions occurring before termination, including recovery of the Delinquent Public Benefit Amounts due as of the termination date.

On July 13, 2023, the Planning Commission adopted Resolution No. 2023-07, revoking the CUP associated with this Project, No. 17-21, for failure to comply with Conditions of Approval. The Planning Commission found that the DA terminated on July 4, 2022, that CVSA was in default of the DA at the time of termination and had failed to cure the default. Also on July 13, 2023, following a public hearing, the Planning Commission passed Resolution No. 2023-06 recommending that the City Council adopt an Ordinance to confirm the termination of the DA.

With the CUP now revoked, the cannabis dispensary can no longer legally operate.

This Ordinance will (1) confirm that the DA was terminated on July 4, 2022; (2) authorize staff to record a Notice of Termination, drafted in accordance with the requirements stated in the DA; and (3) confirm that the DA shall be of no force or effect except as otherwise set forth therein.

6.2 Packet Pg. 142
The proposed Notice of Termination is attached as Exhibit A.

The City Council’s options are:

1. Introduce the Ordinance No. 870 for a first reading;

2. Continue introduction of the Ordinance No. 870 for a first reading to the next regular City Council meeting with changes or revisions as provided by the City Council;

3. Reject the introduction of Ordinance No. 870 for first reading.

RECOMMENDED ACTION
Waive first reading, read by title only, and introduce an ordinance confirming the termination of the development agreement by and between the City and CVSA and authorizing the recording of a Notice of Termination.

ATTACHMENTS
Proposed Ordinance No. 870
Proposed Notice of Termination

FISCAL IMPACT
The City would lose potential tax revenue due to the closing of the cannabis dispensary at the Site, which would result from termination of the Development Agreement with CVSA.

6.2 Packet Pg. 143

ORDINANCE NO. 870

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON

CONFIRMING THE TERMINATION OF THE DEVELOPMENT AGREEMENT BY

AND BETWEEN THE CITY OF PATTERSON AND CENTRAL VALLEY-SIERRA

ASSOCIATES AND AUTHORIZING THE RECORDING OF A NOTICE OF

TERMINATION
WHEREAS, on December 5, 2017 the City adopted Ordinance No. 812 approving a Development Agreement (the “Agreement”) between the City of Patterson (the “City”) and Central Valley-Sierra Associates (the “Operator”) for the operation of a cannabis dispensary business (the “Project”) located at 100 West Las Palmas Avenue, Suite H, Patterson CA 95363, Assessor’s Parcel Number 131-003-012 (the “Site”); and
WHEREAS, Section 4.2 of the Agreement requires Operator to pay to the City certain amounts to offset the impacts to City infrastructure, services, and neighborhoods, commensurate with the private benefits conferred on Operator (the “Public Benefit Amount”), pursuant to the terms stated in Section 4.2 of the Development Agreement; and WHEREAS, Section 4.3 of the Agreement requires that any failure by Operator to make any Public Benefit Amount payments to the City as they become due and payable in accordance with the terms of the Agreement “may constitute full and sufficient grounds for the revocation” of the Conditional Use Permit (“CUP”) associated with the Project; and WHEREAS, the Operator failed to make the required Public Benefit Amount payments (the “Delinquent Public Benefit Amount”) by the agreed-upon terms, resulting in a default of the Agreement, pursuant to Section 4.3 and 8.1(a); and
WHEREAS, on June 17, 2022, following unsuccessful discussions to resolve the default and bring the Project current, City gave written notice to Operator specifying the nature of the default and the manner in which the default may be cured, included an offer to settle the Delinquent Public Benefit Amount and cure Operator’s default, and provided 10 days’ notice that if the default was not cured during that period, the City would commence proceedings to revoke the CUP and terminate the Development Agreement with Operator; and
WHEREAS, Operator failed to cure any of the material defaults of the Agreement within the required timeframe, and City and Operator did not reach an agreement to resolve the Delinquent Public Benefit Amount, cure the default, or extend the term of the Development Agreement; and
WHEREAS, since approximately January 2023, Operator has engaged a new company, Catalyst Cannabis Company (“Catalyst”) to assist with operation and management of the Project, and City and Catalyst also did not reach an agreement to resolve the Delinquent Public Benefit Amount, cure the default, or extend the term of the Agreement; and

6.2.a
Packet Pg. 144 Attachment: Ordinance No. 870 (CVSA) Terminating Development Agreement (Reading and Introduction of Ordinance No. 870 DA Termination

WHEREAS, the Agreement, by its own terms, expired on or about July 4, 2022, pursuant to Section 9.1, and has not been renewed, updated, extended, reactivated, or made current, and remains expired; and
WHEREAS, pursuant to Section 9.3 of the Agreement, the termination of the Agreement eliminated any further obligation of City to comply with the Agreement or any part of it; and WHEREAS, on March 29, 2023, City sent a notice to Operator of its intent to initiate proceedings to confirm the expiration of the Agreement and revoke the CUP associated with the Project; and
WHEREAS, on July 13, 2023, following a public hearing, the City of Patterson Planning Commission (“Planning Commission”) adopted Resolution No. 2023-07, revoking CUP No. 17- 21 for failure to comply with Conditions of Approval, and found that the Agreement had terminated on July 4, 2022, and that CVSA was in default of the Agreement at the time of its termination and had failed to cure the default; and
WHEREAS, also on July 13, 2023, following a public hearing, the Planning Commission passed Resolution No. 2023-06 recommending that the City Council adopt an Ordinance to confirm the termination of the Agreement on the ground that the cannabis dispensary can no longer legally operate without a valid CUP; and
WHEREAS, Patterson Municipal Code section 6.56.030 requires any cannabis business allowed in the City to obtain a development agreement and a conditional use permit; and WHEREAS, the City Council of the City of Patterson, based on its independent review and analysis of staff’s recommendations, oral and written testimony, and the record as a whole, finds, after due study, deliberation, and public hearing, and based on its independent judgment, that Operator has not demonstrated good faith compliance with the terms of the Development Agreement, and the Term of the Development Agreement, as defined in Section 1.7, expired in 2022, has not been extended, reinstated, or reactivated.

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

SECTION 1. The City Council of the City of Patterson (the “City Council”) hereby affirms that the Development Agreement by and Between the City of Patterson and Central Valley-Sierra Associates, recorded in the Office of the Stanislaus County Recorder as Document No. 2018- 0017054-00, terminated on July 4, 2022, upon expiration of the Term, in accordance with Sections

1.7 and 9.1 of the Development Agreement.

6.2.a
Packet Pg. 145 Attachment: Ordinance No. 870 (CVSA) Terminating Development Agreement (Reading and Introduction of Ordinance No. 870 DA Termination

SECTION 2. The City Council instructs the City Attorney to record a written notice of termination (“Notice of Termination”) in substantial conformance with the Notice of Termination attached as Exhibit F to the Development Agreement, upon adoption of this Ordinance.

SECTION 2. Notice of the public hearing on the confirmation of termination of the Development Agreement was published in a newspaper of general circulation, printed and published in the City; and notices of the public hearing on the termination of the Development Agreement were mailed to all interested parties and property owners within three hundred (300) feet of the property, according to the most recent assessor’s roll.

SECTION 3. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 4. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least fifteen (15) days prior to its effective date or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 19
th day of September 2023, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of __________, 2023, and after such reading, _________________ moved its adoption, seconded by , and said Ordinance was thereupon adopted by the following roll call vote:

AYES:

NOES:

EXCUSED:

APPROVED:
___________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
____________________________
Aracely Alegre
City Clerk of the City of Patterson

6.2.a
Packet Pg. 146 Attachment: Ordinance No. 870 (CVSA) Terminating Development Agreement (Reading and Introduction of Ordinance No. 870 DA Termination {CW129879.5}

EXHIBIT A
Notice of Termination

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Patterson
1 Plaza
Patterson, CA 95363
Attention: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Recording Fee Exempt per Government Code §
6103

NOTICE OF TERMINATION AND RELEASE OF DEVELOPMENT AGREEMENT DATE: _________________, 20___
PARTIES: CITY OF PATTERSON, a California municipal corporation 1 Plaza
Patterson, California 95363
CENTRAL VALLEY-SIERRA ASSOCIATES, a California nonprofit mutual benefit corporation
235 North San Joaquin Street
Stockton, CA 95202
THIS NOTICE OF TERMINATION AND RELEASE (the “Release”) is being executed by the City of Patterson, a California municipal corporation (“City”), with reference to the following.

A. By Instrument No. 2018-001-0017054-00, which was recorded in the Official Records of Stanislaus County, California, on March 12, 2018, City recorded a development agreement between City and Central Valley-Sierra Associates, dated December 5, 2017 (the “Development Agreement”), relating to the development and operation of a cannabis dispensary.

B. Pursuant to Sections 1.7 and 9.1 of the Development Agreement, the term of the Development Agreement expired on July 4, 2022.

C. Pursuant to Section 9.1 of the Development Agreement, once terminated, the Development Agreement has no further force or effect, unless otherwise set forth in the Development Agreement.

6.2.b
Packet Pg. 147 Attachment: (CVSA) Notice of Termination of DA (Reading and Introduction of Ordinance No. 870 DA Termination Central Valley-Sierra {CW129879.5}
NOW, THEREFORE, City hereby terminates, cancels, and otherwise releases Developer and Developer’s heirs, executives, administrators, successors, and assigns from their obligations in the Development Agreement on this ____ (day) of _____ (month), 2023, and relinquishes any right it may hereafter have to enforce any of the terms and provisions set forth in the Development Agreement, unless otherwise set forth in the Development Agreement. This termination, cancellation, and release shall be effective upon the recordation of this Release in the office of the County Recorder for the County of Stanislaus, State of California.

CITY OF PATTERSON,
a California municipal corporation
By:

City Manager

6.2.b
Packet Pg. 148 Attachment: (CVSA) Notice of Termination of DA (Reading and Introduction of Ordinance No. 870 DA Termination Central Valley-Sierra