City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Bryan Stice, Community Development Director
MEETING DATE: November 7, 2023
ITEM NO: 10.1
SUBJECT: Approve Resolution No. 2023-54, A Resolution of the City of Patterson Calling for a Special Mail Ballot Election on April 9, 2024 to Confirm the Zacharias-Baldwin Master Plan Reorganization, Requesting Election Services from Stanislaus County, and Authorizing the Filing of Written Arguments.
RECOMMENDATION
Motion to Approve Resolution No. 2023-54, A Resolution of the City of Patterson Calling for a Special Mail Ballot Election on April 9, 2024 to Confirm the Zacharias-Baldwin Master Plan Reorganization, Requesting Election Services from Stanislaus County, and Authorizing the Filing of Written Arguments.
BACKGROUND
In August 2022, the City of Patterson adopted the Zacharias and Baldwin Ranch Master Plans, which provide a comprehensive plan for the development of approximately 1,296 acres located north of the City and an additional 66 acres located south of the City’s Corporation Yard. In November 2022, the City filed a proposal with the Stanislaus County Local Agency Formation Commission (LAFCO) to annex the areas outlined in the master plans.
On July 26, 2023, Stanislaus LAFCO approved the City’s reorganization proposal, subject to certain terms and conditions. The required protest proceeding was held on September 20, 2023.
The protest hearing failed to yield the necessary level of support to confirm the City’s reorganization proposal.
ANALYSIS
As a result of the above referenced protest hearing, the City’s reorganization proposal is subject to an election of the registered voters in the territory proposed for annexation. The attached Resolution calls for the necessary election and requests election services from the Stanislaus County Registrar of Voters for the special mail ballot election on April 9, 2024 as follows:
1. The City must call for an election to confirm the Zacharias-Baldwin Master Plan Reorganization.
When LAFCO approves an inhabited annexation proposal, LAFCO must conduct a protest proceeding. The results of the protest hearing may terminate or confirm the proposal or may subject the proposal to an election of the registered voters in the affected territory.
The LAFCO Executive Officer conducted the required protest hearing on September 20, 2023.
There are 40 registered voters in the territory proposed for annexation. The Executive Officer received 19 verified written protests from registered voters. The number of written protests was neither sufficient to terminate, nor confirm, the proposed reorganization. The reorganization, therefore, must be confirmed in an election by the registered voters in the affected territory.
On October 4, 2023, the Executive Officer directed the City to call for the necessary election.
The City has forty-five (45) days from the date it receives the LAFCO order to approve a resolution calling for the election.
1. The Resolution proposes a special mail ballot election on April 9, 2024.
The election to confirm the reorganization is a special local election. The City may include the measure on the November 5, 2024 general election ballot or may conduct the election wholly by mail ballot on April 9, 2024. The attached Resolution calls for a special mail ballot election on April 9, 2024. This means the deadline for the registered voters in the affected territory to submit their mail ballots will be April 9, 2024. A majority of the votes cast at the special mail ballot election would confirm the Zacharias-Baldwin Ranch Master Plan Reorganization.
1. The Resolution requests election services from the Stanislaus County Registrar of Voters.
The attached Resolution requests election services from the Stanislaus County Registrar of Voters. The County Registrar will provide ballots and canvass returns. The City is required to pay for the costs of conducting the election.
1. Directions for Submitting Written and Rebuttal Arguments are Forthcoming.
Members of the City Council, as well as registered voters or citizen associations within the affected territory may file written arguments in favor or against the reorganization for inclusion in the voter information pamphlet. Authors of written arguments may also file rebuttal arguments after receiving an opportunity to view the arguments in opposition. Directions and deadlines for submission of written and rebuttal arguments are forthcoming and will be provided once the election calendar becomes more certain. The Resolution does authorize the formation of a subcommittee to draft a written argument in favor of the reorganization.
FISCAL IMPACT
The City is responsible for the costs of the election, but the costs will be passed on to the developer groups supporting the reorganization.