City of Patterson Page 1 Updated 2/26/2024 5:23 PM
Agenda
City of Patterson
City Council Special Meeting
February 27, 2024
7:00 PM
Council Chambers
1 Plaza
Patterson, CA 95363
PUBLIC MEETING GUIDELINES
City of Patterson City Council meetings are conducted in person at City Hall Council Chambers. As a courtesy, and technology permitting, members of the public may participate virtually. However, the City cannot guarantee that the public’s access to teleconferencing and translating technology will be uninterrupted, and technical difficulties may occur from time to time.
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The City Council agenda and supporting public documents are available for viewing in City Hall, City of Patterson Page 2 Updated 2/26/2024 5:23 PM
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” ”
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1. Call to Order
2. Pledge of Allegiance
3. Statements of Conflict
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. City Staff Reports
5.1. City Attorney - Adopt Resolution No. 2024-10 of the Patterson City Council Rescinding Resolution No. 2023-54, in Order to Cancel the Special Mail Ballot Election Scheduled for April 9, 2024, in Connection with the Zacharias-Baldwin Master Plan Reorganization to the City of Patterson; and Adopt Resolution No. 2024-11 of the Patterson City Council Rescinding Resolution No. 2022-61, in Order to Withdraw the City’s Reorganization Application Submitted to Stanislaus LAFCO, in Connection with the Zacharias-Baldwin Master Plan Reorganization to the City of Patterson.
Staff Report: Deputy City Attorney White
Council: Motion to Adopt Resolution 2024-10 of the Patterson City Council Rescinding Resolution No. 2023-54, in Order to Cancel the Special Mail Ballot Election Scheduled for April 9, 2024, in Connection with the Zacharias-Baldwin Master Plan
Reorganization to the City Of Patterson; and
City of Patterson Page 3 Updated 2/26/2024 5:23 PM
Council: Motion to Adopt Resolution 2024-11 of the Patterson City Council Rescinding Resolution No. 2022-61, in Order to Withdraw the City’s Reorganization Application Submitted to Stanislaus LAFCO, in Connection with the Zacharias-Baldwin Master Plan Reorganization to the City of Patterson.
6. 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 February 26, 2024.
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 Dated this 26th day of February 2024
/s/ Aracely Alegre, CMC, City Clerk
City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Douglas White, Deputy City Attorney
MEETING DATE: February 27, 2024
ITEM NO: 5.1
SUBJECT: Adopt Resolution No. 2024-10 of the Patterson City Council Rescinding Resolution No. 2023-54, in Order to Cancel the Special Mail Ballot Election Scheduled for April 9, 2024, in Connection with the ZachariasBaldwin Master Plan Reorganization to the City of Patterson; and Adopt Resolution No. 2024-11 of the Patterson City Council Rescinding Resolution No. 2022-61, in Order to Withdraw the City’s Reorganization Application Submitted to Stanislaus LAFCO, in Connection with the Zacharias-Baldwin Master Plan Reorganization to the City of Patterson.
RECOMMENDATION
Motion to Adopt Resolution No. 2024-10 of the Patterson City Council Rescinding Resolution No. 2023-54, in Order to Cancel the Special Mail Ballot Election Scheduled for April 9, 2024, in Connection with the Zacharias-Baldwin Master Plan Reorganization to the City of Patterson; and Motion to Adopt Resolution No. 2024-11 of the Patterson City Council Rescinding Resolution No. 2022-61, in Order to Withdraw the City’s Reorganization Application Submitted to Stanislaus LAFCO, in Connection with the Zacharias-Baldwin Master Plan Reorganization to the City of Patterson.
BACKGROUND
In August 2022, the City Council adopted the Zacharias and Baldwin Ranch Master Plan (“Master Plan”). The Master Plan provides a comprehensive development plan for approximately 1,296 acres located north of City limits and an additional 66 acres located south of City limits. In November 2022, the City filed a proposal with the Stanislaus County Local
5.1 Packet Pg. 4
Agency Formation Commission (“Stanislaus LAFCO”) to annex the areas outlined in the Master Plan.
On July 26, 2023, Stanislaus LAFCO approved the City’s annexation 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 annexation proposal. The annexation is now subject to a special election of the registered voters in the Master Plan area, which will be held by mail ballot on April 9, 2024.
The Stanislaus County Registrar of Voters (“Registrar Office”) is providing election services for the election. The Registrar Office will commence mailing election materials and ballots around March 11, 2024.
City Staff is recommending that the City Council consider rescinding prior resolutions which called for the election and authorized the filing of the annexation application to Stanislaus LAFCO. The effect of rescinding both prior resolutions would be to cancel the special election scheduled for April 9, 2024, and also to withdraw the City’s annexation application. Concerns have arisen regarding the status of the Master Plan approvals and Final Environmental Impact Report (“Final EIR”) due to existing litigation, potential financial impacts to the City, and the possibility of an unsuccessful election. In the interest of ensuring orderly development, the concerns of City Staff are described further below.
ANALYSIS
EXISTING LITIGATION. Due to existing litigation, the Master Plan approvals and the Final EIR are in jeopardy. In September 2022, two petitions for writ of mandate were filed against the City. Both petitions challenged the Final EIR’s validity and generally seek decertification of the Final EIR and invalidation of the Master Plan approvals. One of the petitions remains pending before the court. A hearing is currently scheduled for March with a decision from the court anticipated within ninety (90) days of the hearing, absent a continuance. Among other claims asserted, the pending petition challenges the water supply assumptions contained in the Final EIR. Groundwater is contemplated as the water supply for development of the Master Plan.
Depending on the outcome of the hearing, the court may order revisions and recirculation of the Final EIR. An outcome in favor of the petitioners also may impact the planned water supply for the Master Plan project. It may be advisable to suspend the annexation proceedings until final resolution of the litigation.
IVY ROSE AREA. The Zacharias area of the Master Plan is divided into five development areas.
Four of the development areas are controlled by the major developers of the Master Plan. The other development area is referred to as the “Ivy Rose Area.” The Ivy Rose Area is approximately 143 acres in the eastern portion of the Master Plan adjacent to Ward Avenue and State Route 33. There are existing residences and agricultural lands in the Ivy Rose Area, many in the form of ranchettes.
City Staff has conducted outreach with landowners in the Ivy Rose Area to prepare for the annexation and establish terms and conditions for future development of the Ivy Rose Area.
Some concerns remain among Ivy Rose Area landowners regarding the consequences of
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annexation. City Staff is still working with the landowners to address their concerns. Prior to formal annexation, City Staff also desires to establish the obligations of the Master Plan developers for the public improvements in the Ivy Rose Area (for example, construction of roadway and utility improvements for future connection to the City water and sewer systems).
The City seeks the support and cooperation of the Ivy Rose Area landowners prior to formal annexation. Additional time would allow City Staff to continue planning for future development of the Ivy Rose Area.
Furthermore, the results of the protest hearing cause concern that the election may be unsuccessful. At the protest hearing for the annexation proposal, 19 verified protests were received of the 40 registered voters in the annexation area. If the election is unsuccessful, the City may have to wait at least one year before filing another annexation application. Avoiding an unsuccessful election has the potential to prevent further delay.
IMPACT FEE UPDATES. Another concern is that in preparation for the annexation, City Staff commenced comprehensive updates to current citywide impact fees. The planned impact fee updates include the following: Regional Transportation, City Hall, Corporation Yard, Recreational Facilities, and Park Facilities. Comprehensive updates to these impact fees have not occurred since before 2010. The City has undergone significant growth since 2010, with development advancing in the West Patterson Business Park Master Plan, the Villages of Patterson Master Plan, and the Baldwin Ranch North Master Plan. Buildout of the Master Plan would eventually add nearly 20,000 residents to the City. Updating the impact fees prior to formal annexation would ensure that growth impacts will be mitigated and levels of service will remain consistent. If the impact fee updates will not apply to new development in the Master Plan, then necessary public facility improvements would be severely underfunded. Without the impact fee updates in place prior to annexation, there is risk that the City will lose $50-$100 million in impact fee collections. Delaying the annexation would allow more time for City Staff to finalize the required nexus studies and bring them to Council for approval.
DEVELOPMENT AGREEMENT. Finally, there is not yet a Development Agreement between the City and the four major developers of the Master Plan (collectively, the “Developers”). City Staff and the Developers are currently negotiating a Development Agreement, for future consideration by the City Council. With development, financing, and infrastructure obligations still undetermined, City Staff would prefer to have a final Development Agreement in place prior to formal annexation. As previously mentioned, City Staff would also like to include in the Development Agreement certain obligations for public improvements in the Ivy Rose Area.
Delaying the election would allow more time for City Staff to continue discussions with the Developers prior to formal annexation.
The foregoing reasons raise concern that formal annexation of the Master Plan into City limits at this time would be premature. The City has an obligation to provide orderly development for current and future City residents. Delaying annexation to a future time would allow more time for resolution of outstanding issues prior to development of the Master Plan.
FISCAL IMPACT
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The Master Plan is projected to add approximately 5,400 new residential units to the City, in addition to new industrial and commercial development. The impact fees planned for updates were last formulated prior to 2010 and are based on outdated nexus studies. Not having the new impact fees in place prior to development of the Master Plan has the potential to cost the City $50-$100 million in impact fee collections. If the annexation goes forward, there is risk that development of the Master Plan and related public facility improvements will be underfunded.
COUNCIL OPTIONS
1. Adopt both resolutions.
2. Deny both resolutions.
3. Postpone discussion of the resolutions to a future date, with questions or directions for City Staff to undertake further review.
4. Adopt the resolution to cancel the special election, and postpone further discussion on withdrawal of the annexation applications to a future time.
ATTACHMENTS
1. Resolution No. 2024-10
2. Resolution No. 2024-11
5.1 Packet Pg. 7
{CW136278.2}
RESOLUTION NO. 2024-10
A RESOLUTION OF THE PATTERSON CITY COUNCIL
RESCINDING RESOLUTION NO. 2023-54, IN ORDER TO CANCEL THE SPECIAL MAIL BALLOT ELECTION SCHEDULED FOR APRIL 9, 2024,
IN CONNECTION WITH THE ZACHARIAS-BALDWIN MASTER PLAN
REORGANIZATION TO THE CITY OF PATTERSON
WHEREAS, on August 16, 2022, the Patterson City Council (“City Council”) took the following actions in connection with the Zacharias-Baldwin Master Plan Project (“Master Plan”):
(a) Adoption of Resolution No. 2022-62, certifying the Final Environmental Impact Report (“Final EIR”), adopting findings pursuant to the California Environmental Quality Act (“CEQA”), adopting a Statement of Overriding Considerations, and adopting a Mitigation Monitoring and Reporting Program; and
(b) Adoption of Resolution No. 2022-60, approving a General Plan Amendment, the Master Plan, and Conditions of Approval for the buildout of the Master Plan; and (c) Adoption of Ordinance No. 862, prezoning the properties located within the Master Plan area; and
(d) Adoption of Resolution No. 2022-61, authorizing the filing of an application to the Stanislaus County Local Agency Formation Commission (“Stanislaus LAFCO”) to expand the City’s Sphere of Influence and annex the Master Plan area into City limits.
WHEREAS, the foregoing actions by the City Council may be referred to herein as the “Master Plan Approvals”; and
WHEREAS, on July 26, 2023, Stanislaus LAFCO adopted LAFCO Resolution No. 2023-08 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, Stanislaus LAFCO adopted LAFCO Conducting Authority Resolution No. 01-2023, ordering the Reorganization Proposal to be subject to confirmation by the registered voters residing in the affected territory; and WHEREAS, on November 7, 2023, the City Council adopted Resolution No. 2023-54, calling for a Special Mail Ballot Election on April 9, 2024 to confirm the Reorganization Proposal, requesting election services from Stanislaus County, and authorizing the filing of written arguments; and
5.1.a
Packet Pg. 8
Attachment: Resolution No. 2024-10 Special Meeting Election Cancellation (CW136278-2xDCB25) (Adopt Resolution 2024-10 and 2024-11 {CW136278.2}
WHEREAS, four major landowners are contemplated as the developers of the Master Plan (Keystone Ranch LLC, Lakeside Hills LLC, TPF Development, and Baldwin Ranch Development LLC) (collectively, the “Developers”); and
WHEREAS, the Developers are required to enter into a Development Agreement with the City to establish terms and conditions for development, financing, and infrastructure obligations of the Master Plan. As of the date of this Resolution, a Development Agreement is not yet adopted and negotiations are ongoing. The Master Plan encompasses approximately 1,362 acres and is estimated to add 20,000 residents to the City over the buildout horizon, which would nearly double the population of the City. In the interests of orderly development and general welfare of existing and future City residents, City Staff desires that all parties’ respective obligations be established in a duly adopted Development Agreement prior to formal annexation of the Master Plan into City limits; and
WHEREAS, in the leadup to the Master Plan Approvals, City staff engaged consultants to update certain citywide impact fees that would apply to development of the Master Plan. Such updates are contemplated for the following citywide impact fees: Regional Transportation, City Hall, Corporation Yard, Recreational Facilities, and Park Facilities. City Staff have been working with the consultants on completion of the required nexus studies for the impact fee updates. The City’s current impact fees are outdated and were formulated prior to 2010. The City has undergone significant growth since the early 2000s. Without the impact fee updates in place, the growth impacts of the Master Plan and mitigation to affected public facilities would be severely underfunded and cause a substantial burden to existing and future City residents. If the planned impact fee updates will not apply to new development in the Master Plan, there is risk that the City will lose millions of dollars in impact fee collections; and WHEREAS, the Zacharias area of the Master Plan is divided into five development areas. The Ivy Rose Area is located in the eastern portion of the Zacharias area adjacent to Ward Avenue and State Route 33. The Ivy Rose Area contains existing residences and agricultural lands, many in the form of ranchettes. The City has worked with landowners in the Ivy Rose Area to prepare for the annexation and establish terms and conditions for future development of the Ivy Rose Area, but discussions with landowners are ongoing. Concerns about the consequences of annexation still remain in the Ivy Rose Area; and
WHEREAS, the protest proceeding did not yield sufficient support to confirm the Reorganization Proposal. An unsuccessful election has the potential to delay the filing of a future Reorganization Proposal. City Staff seek to prevent further delay and ensure that the Reorganization Proposal will be successful; and
WHEREAS, in September 2022, two petitions for writ of mandate were filed in the Superior Court of Stanislaus County challenging the City’s adoption of the Master Plan Approvals. The petitions allege various violations of CEQA and generally seek to set aside the Master Plan Approvals and decertify the Final EIR. One petition remains pending before the Superior Court, and at this time the final outcome of the litigation is unknown. The Superior Court may order that the City set aside the Master Plan Approvals and revise and recirculate the Final EIR; and
5.1.a
Packet Pg. 9
Attachment: Resolution No. 2024-10 Special Meeting Election Cancellation (CW136278-2xDCB25) (Adopt Resolution 2024-10 and 2024-11 {CW136278.2}
WHEREAS, the foregoing reasons raise concern that formal annexation of the Master Plan area into City limits at this time is premature and would cause serious financial impacts to the City.
In the interest of orderly development and the general welfare of existing and future City residents, City Staff have recommended that the Special Mail Ballot Election be cancelled for the reasons described herein.
NOW, THEREFORE, BE IT RESOLVED by the City of Patterson City Council as follows:
1. The Recitals above are hereby incorporated and made part of this Resolution. The City Council concurs with the findings recited herein.
2. Resolution No. 2023-54 (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) is hereby rescinded. The Special Mail Ballot Election scheduled for April 9, 2024 is hereby cancelled and shall have no force or effect.
3. The City Clerk shall forward a certified copy of this Resolution to the Stanislaus County Registrar of Voters (“Registrar Office”), in order for the Registrar Office to terminate any and all proceedings relating the Special Mail Ballot Election scheduled for April 9, 2024. The Registrar Office is hereby directed to cease providing election services for the Special Mail Ballot Election scheduled for April 9, 2024.
4. City Staff is hereby directed to take all actions, as may be required by law, to notify affected agencies, stakeholders, and landowners in the Master Plan area of the termination of proceedings described herein.
5.1.a
Packet Pg. 10
Attachment: Resolution No. 2024-10 Special Meeting Election Cancellation (CW136278-2xDCB25) (Adopt Resolution 2024-10 and 2024-11 {CW136278.2}
PASSED AND ADOPTED by the City of Patterson City Council on the 27th DAY of February 2024, 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
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a special council meeting held on the 27th day of February 2024, 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
5.1.a
Packet Pg. 11
Attachment: Resolution No. 2024-10 Special Meeting Election Cancellation (CW136278-2xDCB25) (Adopt Resolution 2024-10 and 2024-11 {CW136283.2}
RESOLUTION NO. 2024-11
A RESOLUTION OF THE PATTERSON CITY COUNCIL
RESCINDING RESOLUTION NO. 2022-61, IN ORDER TO WITHDRAW THE CITY’S
REORGANIZATION APPLICATION SUBMITTED TO STANISLAUS LAFCO,
IN CONNECTION WITH THE ZACHARIAS-BALDWIN MASTER PLAN
REORGANIZATION TO THE CITY OF PATTERSON
WHEREAS, on August 16, 2022, the Patterson City Council (“City Council”) took the following actions in connection with the Zacharias-Baldwin Master Plan Project (“Master Plan”):
(a) Adoption of Resolution No. 2022-62, certifying the Final Environmental Impact Report (“Final EIR”), adopting findings pursuant to the California Environmental Quality Act (“CEQA”), adopting a Statement of Overriding Considerations, and adopting a Mitigation Monitoring and Reporting Program; and
(b) Adoption of Resolution No. 2022-60, approving a General Plan Amendment, the Master Plan, and Conditions of Approval for the buildout of the Master Plan; and (c) Adoption of Ordinance No. 862, prezoning the properties located within the Master Plan area; and
(d) Adoption of Resolution No. 2022-61, authorizing the filing of an application to the Stanislaus County Local Agency Formation Commission (“Stanislaus LAFCO”) to expand the City’s Sphere of Influence and annex the Master Plan area into City limits.
WHEREAS, the foregoing actions by the City Council may be referred to herein as the “Master Plan Approvals”; and
WHEREAS, on July 26, 2023, Stanislaus LAFCO adopted LAFCO Resolution No. 2023-08 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, Stanislaus LAFCO adopted LAFCO Conducting Authority Resolution No. 01-2023, ordering the Reorganization Proposal to be subject to confirmation by the registered voters residing in the affected territory; and WHEREAS, on November 7, 2023, the City Council adopted Resolution No. 2023-54, calling for a Special Mail Ballot Election on April 9, 2024 to confirm the Reorganization Proposal, requesting election services from Stanislaus County, and authorizing the filing of written arguments; and
5.1.b
Packet Pg. 12
Attachment: Resolution No. 2024-11 Special Meeting Annexation Application (CW136283-2xDCB25) (Adopt Resolution 2024-10 and 2024-11 {CW136283.2}
WHEREAS, four major landowners are contemplated as the developers of the Master Plan (Keystone Ranch LLC, Lakeside Hills LLC, TPF Development, and Baldwin Ranch Development LLC) (collectively, the “Developers”); and
WHEREAS, the Developers are required to enter into a Development Agreement with the City to establish terms and conditions for development, financing, and infrastructure obligations of the Master Plan. As of the date of this Resolution, a Development Agreement is not yet adopted and negotiations are ongoing. The Master Plan encompasses approximately 1,362 acres and is estimated to add 20,000 residents to the City over the buildout horizon, which would nearly double the population of the City. In the interests of orderly development and general welfare of existing and future City residents, City Staff desires that all parties’ respective obligations be established in a duly adopted Development Agreement prior to formal annexation of the Master Plan into City limits; and
WHEREAS, in the leadup to the Master Plan Approvals, City staff engaged consultants to update certain citywide impact fees that would apply to development of the Master Plan. Such updates are contemplated for the following citywide impact fees: Regional Transportation, City Hall, Corporation Yard, Recreational Facilities, and Park Facilities. City Staff have been working with the consultants on completion of the required nexus studies for the impact fee updates. The City’s current impact fees are outdated and were formulated prior to 2010. The City has undergone significant growth since the early 2000s. Without the impact fee updates in place, the growth impacts of the Master Plan and mitigation to affected public facilities would be severely underfunded and cause a substantial burden to existing and future City residents. If the planned impact fee updates will not apply to new development in the Master Plan, there is risk that the City will lose millions of dollars in impact fee collections; and WHEREAS, the Zacharias area of the Master Plan is divided into five development areas. The Ivy Rose Area is located in the eastern portion of the Zacharias area adjacent to Ward Avenue and State Route 33. The Ivy Rose Area contains existing residences and agricultural lands, many in the form of ranchettes. The City has worked with landowners in the Ivy Rose Area to prepare for the annexation and establish terms and conditions for future development of the Ivy Rose Area, but discussions with landowners are ongoing. Concerns about the consequences of annexation still remain in the Ivy Rose Area; and
WHEREAS, in September 2022, two petitions for writ of mandate were filed in the Superior Court of Stanislaus County challenging the City’s adoption of the Master Plan Approvals. The petitions allege various violations of CEQA and generally seek to set aside the Master Plan Approvals and decertify the Final EIR. One petition remains pending before the Superior Court, and at this time the final outcome of the litigation is unknown. The Superior Court may order that the City set aside the Master Plan Approvals and revise and recirculate the Final EIR; and WHEREAS, the foregoing reasons raise concern that formal annexation of the Master Plan area into City limits at this time is premature and would cause serious financial impacts to the City.
In the interest of orderly development and the general welfare of existing and future City residents,
5.1.b
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Attachment: Resolution No. 2024-11 Special Meeting Annexation Application (CW136283-2xDCB25) (Adopt Resolution 2024-10 and 2024-11 {CW136283.2}
City Staff have recommended that the City resubmit its application to Stanislaus LAFCO at a future date, at such time that the matters described herein are further resolved.
NOW, THEREFORE, BE IT RESOLVED by the City of Patterson City Council as follows:
1. The Recitals above are hereby incorporated and made part of this Resolution. The City Council concurs with the findings recited herein.
2. Resolution No. 2022-61 (authorizing the filing of an application with Stanislaus LAFCO to expand the City’s Sphere of Influence and annex the Master Plan area into City limits) is hereby rescinded. The associated applications filed with Stanislaus LAFCO for the Reorganization Proposal (Municipal Service Review No. 2023-02, Sphere of Influence Modification No. 2023-02, and LAFCO Application No. 2023-01) are hereby withdrawn.
3. The City Clerk shall forward certified copies of this Resolution to Stanislaus LAFCO and the Stanislaus County Registrar of Voters, for such agencies to terminate any and all proceedings relating to the Reorganization Proposal.
4. City Staff is hereby directed to take all actions, as may be required by law, to notify affected agencies, stakeholders, and landowners in the Master Plan area of the termination of proceedings described herein.
5.1.b
Packet Pg. 14
Attachment: Resolution No. 2024-11 Special Meeting Annexation Application (CW136283-2xDCB25) (Adopt Resolution 2024-10 and 2024-11 {CW136283.2}
PASSED AND ADOPTED by the City of Patterson City Council on the 27th DAY of February 2024, 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
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 27th day of February 2024, 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
5.1.b
Packet Pg. 15
Attachment: Resolution No. 2024-11 Special Meeting Annexation Application (CW136283-2xDCB25) (Adopt Resolution 2024-10 and 2024-11