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RESOLUTION NO. 2023-54
A RESOLUTION OF THE PATTERSON CITY COUNCIL
CALLING FOR A SPECIAL MAIL BALLOT ELECTION ON APRIL 9, 2024
TO CONFIRM THE ZACHARIAS-BALDWIN MASTER PLAN
REORGANIZATION TO THE CITY OF PATTERSON,
REQUESTING ELECTION SERVICES FROM STANISLAUS COUNTY,
AND AUTHORIZING THE FILING OF WRITTEN ARGUMENTS
WHEREAS, on August 16, 2022, the Patterson City Council (“City Council”) authorized City Staff to file a proposal with the Stanislaus Local Agency Formation Commission (“LAFCO”) to annex approximately 1,296 acres north of City limits and 66 acres south of City limits (“Affected Territory”); and
WHEREAS, on July 26, 2023, LAFCO adopted LAFCO Resolution No. 2023-08, (attached hereto as Exhibit A) approving the Zacharias-Baldwin Ranch Master Plan Reorganization subject to certain terms and conditions (the “Reorganization Proposal”), and directing the LAFCO Executive Officer to complete the required protest proceedings pursuant to Government Code Section 57000 et seq.; and
WHEREAS, on September 20, 2023, the LAFCO Executive Officer conducted the protest hearing of the qualified voters residing in the Affected Territory. The LAFCO Executive Officer determined that the written protests received were submitted by at least 25% but less than 50% of the registered voters in the Affected Territory; and
WHEREAS, on October 4, 2023, LAFCO adopted LAFCO Conducting Authority Resolution No. 01-2023 (attached hereto as Exhibit B), ordering the Reorganization Proposal to be subject to confirmation by the registered voters residing in the Affected Territory; and WHEREAS, on October 4, 2023, LAFCO notified the City that the Reorganization Proposal is subject to an election by the registered voters residing in the Affected Territory (attached hereto as Exhibit C); and
WHEREAS, pursuant to Government Code section 57000(d), the City must call for the necessary election within forty-five (45) days from the date LAFCO notifies the City that an election must be held; and
WHEREAS, the necessary election must be conducted pursuant to Chapter 6 of Part 4 of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000; and WHEREAS, the City Council seeks to call for an election, as ordered by LAFCO, to determine if the Reorganization Proposal shall be confirmed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby call, provide for, and give notice of the election as follows:
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1. Special Mail Ballot Election on April 9, 2024. The City Council hereby calls and gives notice of a special election of the qualified voters in the Affected Territory. The special election shall be held and conducted wholly by mail ballot. The date for the special mail ballot election shall be April 9, 2024.
2. Elections Official. The City Clerk is hereby designated as the Elections Official for the election, pursuant to Government Code section 57000, subdivision (d). The City Clerk is hereby authorized to take all actions as may be necessary to conduct the election.
3. Request for Election Services from Stanislaus County. The City Council hereby requests that Stanislaus County provide election services for the special mail ballot election on behalf of the City, including but not limited to, preparing and mailing ballots, and canvassing of returns. The City shall be responsible for the costs of election, pursuant to Government Code section 57150.
4. Qualified Voters. The qualified voters for the special mail ballot election shall be the registered voters residing within the Affected Territory, as ordered by LAFCO Conducting Authority Resolution No. 01-2023. Ballots shall be sent to the active and inactive registered voters residing within the Affected Territory.
5. Notice for the Special Mailed Ballot Election. The City Clerk shall give notice of the special mail ballot election in the time, form and manner provided by law.
6. Ballot Measure Question. The question to be submitted on the ballot shall be in substantially the following form, as ordered by LAFCO Conducting Authority Resolution No. 01-2023:
Shall the order be confirmed that
was adopted on July 26, 2023, by
the Stanislaus Local Agency
Formation Commission ordering a
reorganization consisting of
annexation to the City of Patterson
and detachment from the West
Stanislaus Fire Protection District,
West Stanislaus Irrigation District,
Patterson Irrigation District, and
Del Puerto Water District, subject
to the terms and conditions
specified in the order?
YES
NO
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7. Majority of Votes Cast Confirms the Reorganization Proposal. The Reorganization Proposal shall only pass if a majority of the votes cast at the election are in favor of the Reorganization Proposal, pursuant to Government Code section 57176. If the majority of the votes cast are in favor of the Zacharias-Baldwin Master Plan Reorganization, then the Zacharias-Baldwin Master Plan Reorganization shall be confirmed and ordered, and a Certificate of Completion shall be filed in the manner stated in Government Code section 57000 et. seq., upon satisfaction of the terms and conditions set forth in LAFCO Resolution No. 2023-08.
8. Subcommittee for Written Arguments. The City Council hereby authorizes a two (2) member subcommittee to prepare and file a written argument in favor of the Reorganization Proposal, in accordance with Government Code Section 57145. The subcommittee shall also be authorized to prepare and file a rebuttal argument to the opposing written argument.
PASSED AND ADOPTED by the Patterson City Council at a meeting thereof, held on the 7th day of November, 2023, 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
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I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 7th day of November 2023, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
City Clerk of the City of Patterson
EXHIBIT A
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LAFCO Resolution No. 2023-08
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EXHIBIT B
LAFCO Conducting Authority Resolution No. 01-2023
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EXHIBIT C
LAFCO Notification of Election to City of Patterson