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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
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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 {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.
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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:
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City Clerk of the City of Patterson