Patterson City Council
February 18, 2025

City of Patterson Page 1 Updated 2/12/2025 2:42 PM
Agenda
City of Patterson
City Council Regular Meeting
February 18, 2025
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.

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. 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/ To access written translation during the meeting, please scan the QR Code or click this link:

Para acceder a la traducción escrita durante la reunión, escanee el código QR o haga clic en este enlace:
https://attend.wordly.ai/join/HSEU-6978
Choose Language and Click Attend / Elija el idioma y haga clic en Asistir Use a headset on your phone for audio or read the transcript on your device.

Use audífonos en su teléfono para audio o lea la transcripción en su dispositivo.

City of Patterson Page 2 Updated 2/12/2025 2:42 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 pattersonca.gov 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 pattersonca.gov go to Popular Links “City Council Agendas” and Subscribe to “RSS” ═══════════════════════════════════════════════════════════════

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 not 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. Proclamation - Dianna Anderson (Mayor Clauzel)

6. 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.

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

6.2. Approve Minutes of Special Meeting/Closed Session - February 4, 2025 (6:00 PM)

6.3. Approve Minutes of Regular Meeting - February 4, 2025 (7:00 PM)

6.4. Approve Minutes of Special Meeting/Closed Session - February 8, 2025 (7:00 PM)
City of Patterson Page 3 Updated 2/12/2025 2:42 PM

6.5. Approve City Department Reports for the Month of January 2025 (Public Works, and Fire).

6.6. Approve City Commission Reports for the Month of January 2025 (Parks Recreation & Beautification Commission).

6.7. Approve Second Reading and Adoption of Ordinance No. 881, Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson to Amended Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the Patterson Municipal Code to reflect the recommended speed limit changes in the 2024 Engineering and Traffic Survey (“E&TS”).

6.8. Approve Resolution No. 2025-02 Approving the Landscape and Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement with Popeye’s Chicken Restaurant Project; Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City Clerk to Record the Agreement.

6.9. Approve Resolution No. 2025-03, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Add Territory to Future Annexation Area of Community Facilities District (CFD) No. 2013-01 (Non-Residential Maintenance Services); and
Approve Resolution No. 2025-04, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Add Territory to Future Annexation Area of Community Facilities District (CFD) No. 2018-02 (Residential Maintenance Services); and
Approve Resolution No. 2025-05, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Add Territory to Future Annexation Area of Community Facilities District (CFD) No. 2022-01 (Public Safety Services) and Authorizing the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982.

6.10. Adopt Resolution No. 2025-06 approving the allocation of funds for Big Brothers Big Sisters of the Greater Sacramento Area (“BBBSGSA”) totaling $25,000 from the City of Patterson’s (“City”) General Fund; and 2) approving the Memorandum of Understanding (“MOU”) outlining the responsibilities of the Big Brothers Big Sisters of the Greater Sacramento Area (BBBSGSA) and the City.

7. Public Comment/Action Item

7.1. Public Works Department - Authorize Mistletoe Abatement; Authorize Staff to Enter into a Small Value Contract with the Contractor Selected to Abate the Mistletoe; and Authorize Staff to Bill the Property Owners. (Resolution No. 2025- 07) Clean Up Process.

Staff Report: Assistant City Manager Willett
Mayor: Open/Close Item to Public Comment
City of Patterson Page 4 Updated 2/12/2025 2:42 PM
Council: Approve Resolution No. 2025-07

8. City Council Reports
A. Councilmember Hernandez
. Westside Healthcare Task Force (Councilmember Romero alternate) . Stanislaus Homeless Alliance (Councilmember Mora alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Mora alternate)
B. Councilmember Romero
. San Joaquin Valley Air Pollution Control District (Mayor Pro Tem roque alternante)
C. Councilmember Mora
. Workforce Development Board (Mayor Pro Tem Roque alternante) D. Mayor Pro Tem Roque
. (EDAC) Stanislaus County Economic Development Action Committee (Councilmember Romero alternate)
E. Mayor Clauzel
. Stanislaus County Mayor's Meeting
. StanCOG (Mayor Pro Tem Roque alternate)
. League of California Cities (Mayor Pro Tem Roque 1st alternate, Councilmember Romer 2nd alternate)

9. Other Matters

10. 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 13, 2025.

The Agenda is also posted for public view on the Bulletin Board of the Patterson Branch Library, 46 N. Salado Avenue, Patterson, and the City of Patterson City Web Site www.ci.patterson.ca.us Dated this 13th day of February 2025
/s/ Aracely Alegre, CMC
City of Patterson Page 1 Updated 2/5/2025 12:56 PM
City Of Patterson
Special Meeting/Closed Session Minutes
February 4, 2025
City Manager
Fernando Ulloa
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.pattersonca.gov
Mayor
Michael Clauzel
City Council
Gabriela Hernandez, District A
Jessica Romero, District B
Kendra Mora, District C
Carlos Roque, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Michael Clauzel Mayor Excused
Gabriela Hernandez District A Present
Jessica Romero District B Present
Kendra Mora District C Present
Carlos Roque District D Present
The special (closed) session meeting of the City Council of the City of Patterson was called to order in the City of Patterson, Council Chambers at 6:00 p.m. by Mayor Pro Tem Roque.

City Staff Present:

City Manager Ulloa
Assistant City Manager Willett
City Attorney Goldstein (remote)
The City Council will adjourn to Closed Session to address the following:
. Conference with Legal Counsel - Existing litigation pursuant to Government Code Section 54956.9(d)(1):

Central Valley - Sierra Associates (CVSA) v. City of Patterson, et. al (Stanislaus County Superior Court Case No. CV-23-005444)

2. Statements of Conflict
None.

6.2 Packet Pg. 5
Minutes Acceptance: Minutes of Feb 4, 2025 6:00 PM (Consent Calendar) City of Patterson Page 2 Updated 2/5/2025 12:56 PM

3. Items from the Public
None.

4. Adjourn to Closed Session
At 6:01 p.m. there being no items from the public, the Patterson City Council adjourned to Closed Session.

5. Report from Closed Session (if any)
At 7:01 p.m. Mayor Pro Tem Roque announced that regarding Item No. 1a, directions were provided to staff.

6. Adjournment
There being no further business, the special (Closed Session) meeting of the City Council of the City of Patterson of February 4, 2025 was adjourned at 7:01 p.m.

Approved by the Patterson City Council on (date pending).

6.2 Packet Pg. 6
Minutes Acceptance: Minutes of Feb 4, 2025 6:00 PM (Consent Calendar) City of Patterson Page 1 Updated 2/10/2025 12:00 PM
City Of Patterson
Regular Meeting Minutes
February 4, 2025
City Manager
Fernando Ulloa
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Michael Clauzel
City Council
Gabriela Hernandez, District A
Jessica Romero, District B
Kendra Mora, District C
Carlos Roque, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Michael Clauzel Mayor Excused
Kendra Mora District A Present
Jessica Romero District B Present
Gabriela Hernandez District C Present
Carlos Roque District D Present
The regular meeting of the City Council of the City of Patterson of February 4, 2025 was called to order in the City of Patterson at 7:03 .m. by Mayor Pro Tem Roque.

City Staff Present:

City Manager Ulloa
Assistant City Manager Willett
Fire Chief Frye
Public Information Officer Castro
Interim Finance Director Williams
Police Chief Hill
Director of Human Resources Guillory-Jones
Recreation & Community Services Director Weaver
Director of Engineering Rodriguez
IT Manager Marty
Deputy City Clerk Mandujano
City Clerk Alegre

2. Pledge of Allegiance

3. Statements of Conflict

6.3 Packet Pg. 7
Minutes Acceptance: Minutes of Feb 4, 2025 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 2/10/2025 12:00 PM
None.

4. Items from the Public
Yvonne Reynolds, Patterson Resident - Expressed concerns regarding tree pruning coordination between the City and Turlock Irrigation District (TID), particularly with Wright Brothers Tree Service. Raised concerns about tree branches on wires along Del Puerto Avenue. Noted the need for playground equipment at Sunflower Park.

Mentioned that U.S. flags on Sperry Avenue are being damaged due to weather conditions and their placement on poles.

Karen Willard, Patterson Resident - Addressed the Council regarding parking issues on Sunset Court. Reported that the crosswalk button and flashing lights for pedestrians are not functioning properly.

Patterson Resident - Voiced concerns about ADA-accessible parking for school pick-up.

Susan Sawyer, Patterson Librarian - Provided an update on upcoming events at the Patterson Library.

Kandace Weyhrauch, Patterson Resident - Provided an update on upcoming Chamber of Commerce events.

Announced that Love Patterson will take place on April 26 and invited project ideas and sponsorships.

Christopher Quock, San Francisco - Spoke in advocacy of Del Puerto Canyon.

Elias Funez, Patterson Resident - Addressed the need for infrastructure improvements and discussed the meeting of council and compliance with the Brown Act compliance.

Mike Paulanali, Patterson Resident - Spoke about the need for parks, a cultural center, or other community gathering venues on the south side of Patterson.

5. Proclamation

5.1. Proclamation - Black History Month 2025 (Mayor Clauzel) Mayor Pro Tem Roque presented the proclamation to Shawun and Dianna Anderson.

6. Certificates of Recognition - Fire and Emergency Medical Services (Chief Frye) Fire Chief Frye presented Certificates of Recognition.

Dr. Bangs shared a few remarks.

7. Consent Calendar
Councilmember Mora motioned to approve Consent Calendar Items 7.1 through 7.6. The motion was seconded by Councilmember Hernandez and unanimously approved by a 4-0 roll call vote.

RESULT: ADOPTED
MOVER: Mora
SECONDER: Hernandez
AYES: Mora, Romero, Hernandez, Roque
EXCUSED: Clauzel

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

6.3 Packet Pg. 8
Minutes Acceptance: Minutes of Feb 4, 2025 7:00 PM (Consent Calendar) City of Patterson Page 3 Updated 2/10/2025 12:00 PM

7.2. Approve Minutes of Special Meeting/Closed Session - January 21, 2025 (6:00 PM)

7.3. Approve Minutes of Regular Meeting - January 21, 2025 (7:00 PM)

7.4. Approve Minutes of Special Meeting/Closed Session - January 28, 2025 (6:00 PM)

7.5. Authorize the City Manager to Approve the Proposed Side Letter Agreements between the City of Patterson and American Federation of State, County, and Municipal Employees (AFSCME) Local 10, Patterson Management and MidManagement Employee Association (PMMEA), and Patterson Fire Fighters Association IAFF Local 4577 to Amend the Relevant Sections of the Memoranda of Understanding (MOU) Between Each of the Parties Regarding Longevity Pay and to Approve the Revised Unrepresented Full-Time Employee Benefit Summary, Containing Respective Longevity Pay Language.

7.6. Approve Resolution No. 2025-01 Approving the Landscape and Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement with Harvest Samoan Assembly of God Project; Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City Clerk to Record the Agreement.

8. Public Hearing

8.1. City Attorney - Approve First Reading and Introduction of Ordinance No. 881 Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson to Amended Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the Patterson Municipal Code to reflect the recommended speed limit changes in the 2024 Engineering and Traffic Survey (“E&TS”)
City Attorney Goldstein reviewed her staff report.

At 8:16 p.m. Mayor Pro Tem Roque opened the Public Hearing. There were no comments.

Councilmember Romero motioned to Approve First Reading and Introduction of Ordinance No. 881 Reading by Title Only, Waiving Further Reading, an Ordinance of the City Council of the City of Patterson to Amended Chapter

10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the Patterson Municipal Code to reflect the recommended speed limit changes in the 2024 Engineering and Traffic Survey (“E&TS”). The motion was seconded by Councilmember Mora and unanimously approved by a 4-0 roll call vote.

6.3 Packet Pg. 9
Minutes Acceptance: Minutes of Feb 4, 2025 7:00 PM (Consent Calendar) City of Patterson Page 4 Updated 2/10/2025 12:00 PM
RESULT: APPROVED
MOVER: Romero
SECONDER: Mora
AYES: Mora, Romero, Hernandez, Roque
EXCUSED: Clauzel

9. City Council Reports
A. Councilmember Hernandez
Nothing to report.
. Westside Healthcare Task Force (Councilmember Romero alternate) . Stanislaus Homeless Alliance (Councilmember Mora alternate) . Stanislaus County Hazardous Waste Advisory Committee (Councilmember Mora alternate)
B. Councilmember Romero
Nothing to report.
. San Joaquin Valley Air Pollution Control District (Mayor Pro Tem roque alternante)
C. Councilmember Mora
Nothing to report.
. Workforce Development Board (Mayor Pro Tem Roque alternante) D. Mayor Pro Tem Roque
Nothing to report.
. (EDAC) Stanislaus County Economic Development Action Committee (Councilmember Romero alternate)
E. Mayor Clauzel
. Stanislaus County Mayor's Meeting
. StanCOG (Mayor Pro Tem Roque alternate)
. League of California Cities (Mayor Pro Tem Roque 1st alternate, Councilmember Romer 2nd alternate)

10. Other Matters
City Manager Ulloa – Introduced three staff members: IT Manager Justin Marty, Assistant City Manager Willett, and Director of Engineering Tiffany Rodriguez.

6.3 Packet Pg. 10
Minutes Acceptance: Minutes of Feb 4, 2025 7:00 PM (Consent Calendar) City of Patterson Page 5 Updated 2/10/2025 12:00 PM
Mayor Pro Tem Roque – Thanked attendees for their patience as he presided over the meeting.

11. Adjournment
There being no further business, the regular meeting of the City Council of the City of Patterson of February 4, 2025 was adjourned at 8:20 p.m.

Approved by the Patterson City Council on (date pending).

6.3 Packet Pg. 11
Minutes Acceptance: Minutes of Feb 4, 2025 7:00 PM (Consent Calendar) City of Patterson Page 1 Updated 2/10/2025 10:38 AM
City Of Patterson
Special Meeting/Closed Session Minutes
February 8, 2025
City Manager
Fernando Ulloa
City Attorney
Nubia Goldstein
Deputy City Attorney
Douglas White www.ci.patterson.ca.us
Mayor
Michael Clauzel
City Council
Gabriela Hernandez, District A
Jessica Romero, District B
Kendra Mora, District C
Carlos Roque, District D
City Clerk
Aracely Alegre

1. Call to Order
Attendee Name Title Status Arrived
Michael Clauzel Mayor Present
Kendra Mora District C Present
Jessica Romero District B Excused
Gabriela Hernandez District A Present
Carlos Roque District D Present
The special (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 7:00 p.m. by Mayor Clauzel.

City Staff Present:

City Manager Ulloa
Assistant City Manager Willett
City Attorney Goldstein
Assistant City Attorney White
The City Council will adjourn to Closed Session to address the following:
a. Conference with Legal Counsel – Existing Litigation (Gov. Code, § 54956.9) Name of Case: (Keystone Ranch LLC v. City of Patterson, et al., Stanislaus County Superior Court, Case No.: CV-24-003269)

2. Statements of Conflict
None.

6.4 Packet Pg. 12
Minutes Acceptance: Minutes of Feb 8, 2025 7:00 PM (Consent Calendar) City of Patterson Page 2 Updated 2/10/2025 10:38 AM

3. Items from the Public
None.

4. Adjourn to Closed Session
At 7:01 p.m. there being no items from the public, the Patterson City Council adjourned to Closed Session.

5. Report from Closed Session (if any)
At 10:00 p.m. Mayor Clauzel announced that City Council provided directions to staff.

6. Adjournment
There being no further business, the special (Closed Session) via zoom meeting of the City Council of the City of Patterson of February 8, 2025 was adjourned at 10:00 p.m.

Approved by the Patterson City Council of (date pending).

6.4 Packet Pg. 13
Minutes Acceptance: Minutes of Feb 8, 2025 7:00 PM (Consent Calendar) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: February 18, 2025
ITEM NO: 6.5
SUBJECT: Approve City Department Reports for the Month of January 2025 (Public Works, and Fire).

RECOMMENDATION
Motion to Approve City Department Reports for the Month of January 2025 (Public Works, and Fire).

6.5 Packet Pg. 14
City of Patterson Public Works Department Monthly Reports January 2025
Administration & Regulatory Compliance Division
• Mid-Year Budget FY 24/25
• Land Lease Agreement for City Properties
• Garbage Rate Study & Prop 218
• Sewer Rate Study RFP
• Stormwater Trash Capture Project
• Water Quality Feasibility Study
Service Request Summary
Division Total Closed Open %
Building
Maintenance
16 12 4 75%
Collections 8 8 0 100%
Electrical 4 3 1 75%
Streets 22 15 7 68%
Urban
Forestry
33 29 4 87%
Water 21 18 3 86%
Parks
Maintenance
12 8 4 67%
Parks
Infrastructure
3 1 2 33%
Regulatory & Public Works Inspections
• 26 x House Finals
• 2x Commercial Finals
• 3x FOG
• 15 SWPPP

PUBLIC WORKS STATS
JANUARY 2025
Streets and Collections
Sewer Lateral Replacement
In January, the Streets and Collections
Divisions continued their annual maintenance
route. This proactive approach is crucial for
keeping storm drains and sewer systems
clear, especially in preparation for severe
weather conditions. Above, a crew is shown
replacing a sewer lateral on Barros Street.

Parks Infrastructure
The Parks Infrastructure team worked on multiple
projects across the city, including preparing Felipe
Garza Park for the upcoming spring baseball
season. In the picture to the left, maintenance
crews are seen prepping the infield. Throughout
the month, the Parks Infrastructure team remained
busy at Felipe Garza Park, installing a new
irrigation system and reseeding the outfield to
ensure a lush, green field for baseball players to
enjoy this summer.

6.5.a
Packet Pg. 15
Attachment: Monthly Council Report January 2025 (Monthly Department Reports) Annual Mistletoe Abatement Survey
In January, the city completes its annual
mistletoe abatement survey. Mistletoe is
harmful to trees and can affect the trees
growth and health. This year 120 City trees
and 13 private trees were identified as having
mistletoe. The City’s Urban Forestry Division
began removing the mistletoe from the City
trees and the private property owners were
notified about the mistletoe found on their
private trees. Residents were given until
February 4th to remove the mistletoe. If not
removed, the city will hire a licensed
contractor to abate the mistletoe, per City’s
Municipal Code Section 6.20 (Ordinance
174).

6.5.a
Packet Pg. 16
Attachment: Monthly Council Report January 2025 (Monthly Department Reports) The following events, incidents, and other items were conducted at the Fire Department and/or by Fire Department personnel from January 1-31, 2025:
• Training Hours Completed: 345.5 hours
• Fire Prevention:
o New Business License Inspections: 2
o Fire Inspections: 60
• Community Events:
o 1/18 – Ribbon Cutting for Botanica Y Naturista
o 1/24 - Ground Breaking for Apricot Vet Hospital
• Incident Response Reaction Times:

January
Station 51
Shift A 1:33
Shift B 1:35
Shift C 1:36
Average Station Reaction Time 1:34
Station 52
Shift A 1:26
Shift B 1:31
Shift C 1:09
Average Station Reaction Time 1:22
Department Average Reaction Time: (HH:MM:SS)
0:58
City of Patterson
Fire Department
344 West Las Palmas Avenue
Patterson, California 95363
Main: (209) 895-8130
Fax: (209) 895-8139

6.5.a
Packet Pg. 17
Attachment: Monthly Council Report January 2025 (Monthly Department Reports) • Response Times:

Incident Type
Total
Incidents
0-5
Min Call %
5-7
min Call %
7-10
min
Call %10+
min
Call %
11 Structure
Fire32 67%1 33%
12 Fire in
moblie
property
used as a
fixed
structure
4 2 50%2 50%
14 Natural
vegetation
fire
33 100%
3 Rescue &
Emergency
Medical
Service
Incident 127 68 54% 47 37%9 7%3 2%
311. Medical
Assist, EMS
21 50%1 50%
32 Emergency
Medical
Service
(EMS)
76 86%1 14%
321. EMS
call
11 100%
35 Extrication
11 100%
4 Hazardous
Condition
74 57%2 29%
1 14%
5 Service
call
71 14%2 29%
4 57%
55 Public
Service
Assistance
43 75%
1 25%
56 Unauthorized
burning
3 1 33%1 33%1 33%

6.5.a
Packet Pg. 18
Attachment: Monthly Council Report January 2025 (Monthly Department Reports) 65 Steam,
other gas
mistaken for
smoke 2 1 50% 1 50%
700. False
Alarm & false
Call 14 11 79% 3 21%
Totals 185 104 56% 61 33% 16 9% 4 2%
• Station Response Summary
Report Date Range: January 1 - January 31, 2025
Fire
100
Rupture/
Explosion
200
EMS/
Rescue
300
Hazardous
Condition
400
Service
Call
500
Good
Intent
600
False
Call
700
Severe
Weather
800
Other
900
Shift
Totals
Station 51
Shift A 0 0 33 1 5 1 2 0 0 42
Shift B 1 0 26 0 4 0 2 0 0 33
Shift C 1 0 28 4 4 0 4 0 0 41
Total 2 0 87 5 13 1 8 0 0 116
Station 52
Shift A 2 0 17 1 1 0 2 0 0 23
Shift B 1 0 20 0 0 0 1 0 0 22
Shift C 0 0 11 1 0 0 3 0 0 15
Total 3 0 48 2 1 0 6 0 0 60
Department
Totals
5 0 135 7 14 1 14 0 0 176

6.5.a
Packet Pg. 19
Attachment: Monthly Council Report January 2025 (Monthly Department Reports) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Aracely Alegre, City Clerk
MEETING DATE: February 18, 2025
ITEM NO: 6.6
SUBJECT: Approve City Commission Reports for the Month of January 2025 (Parks Recreation & Beautification Commission).

RECOMMENDATION
Motion to Approve City Commission Reports for the Month of January 2025 (Parks Recreation & Beautification Commission).

6.6 Packet Pg. 20
January 2025
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 September 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 Joann Marcy Term: May 2024-2026
Commissioner Martha Blanco Term: May 2023-2025
Commissioner Oscar Roman Term: May 2023-2025
Parks & Recreation & Beautification Commission Meeting:

On January 15, 2025, the Parks, Recreation & Beautification Commission was cancelled due to lack of quorum. The agenda items are listed below

1. Follow up with Carlos from the Recreation Department regarding Chalk Art (Recreation Supervisor Pollinger)

2. Any quotes for the plumbing issues at the Museum (Deputy Director Guluarte)

3. Community Garden results from the team with finding an individual or organization to have it be sustainable (PRBC members)
Agendas & Minutes can be located on the city website under the agenda center.

The next regular meeting will be scheduled for February 19, 2025.The meeting will be held in person in the City Council Chambers.

6.6.a
Packet Pg. 21
Attachment: Parks Recreation and Beautification Monthly Report - Cancelled Jan 25 (City Commission Reports) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: February 18, 2025
ITEM NO: 6.7
SUBJECT: Approve Second Reading and Adoption of Ordinance No. 881, Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson to Amended Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the Patterson Municipal Code to reflect the recommended speed limit changes in the 2024 Engineering and Traffic Survey (“E&TS”).

RECOMMENDATION
Motion to Approve Second Reading and Adoption of Ordinance No. 881, Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson to Amended Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the Patterson Municipal Code to reflect the recommended speed limit changes in the 2024 Engineering and Traffic Survey (“E&TS”).

BACKGROUND
Motion to Approve Second Reading of Ordinance No. 881, Reading by title only, waiving further reading.

Motion to Adopt Ordinance No. 881, Reading by title only, waiving further reading.

ANALYSIS
On February 4, 2025 the City Council approved the First reading and Introduction of Ordinance No. 881, Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson to Amended Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the Patterson Municipal Code to reflect the recommended speed limit changes in the 2024

6.7 Packet Pg. 22
Engineering and Traffic Survey (“E&TS”)

6.7 Packet Pg. 23

4906-3615-9505, v. 1
ORDINANCE NO. 881

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON AMENDING CHAPTER 10.40, SPEED LIMITS, OF TITLE 10, VEHICLES AND

TRAFFIC, OF THE PATTERSON MUNICIPAL CODE
WHEREAS, the City of Patterson (“City”) is a General Law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, pursuant to the authority granted to the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote public health, the public morals or public safety; and
WHEREAS, Vehicle Code Section 22357 states that whenever a local authority determines upon the basis of an Engineering and Traffic Survey (“E&TS”) that a speed greater than 25 mph would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 mph, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 mph, or a maximum speed limit of 65 mph, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and WHEREAS, in accordance with the Vehicle Code and the California Manual on Uniform Traffic Control Devices, an E&TS must be performed to establish speed limits on street segments before the use of radar or other electronic devices is authorized; and WHEREAS, in December 2024, TJKM prepared an E&TS, attached as Exhibit A and on file at the City Clerk’s office, that recommends updating multiple roadway segment speed limits pursuant to the requirements of Vehicle Code section 22357; and WHEREAS, the E&TS also examined road segments that were not already referenced in the Chapter 10.40 of the Patterson Municipal Code, and the Ordinance updates Chapter 10.40 to reflect the examined segments; and
WHEREAS, the City Council finds that it is in the best interest of the health, welfare and safety of the public to update sections 10.40.010, First Street from Las Palmas to city limits— Twenty-five miles per hour; 10.40.020, Certain streets—Forty-five miles per hour; 10.40.030, Certain streets—Thirty-five miles per hour; 10.40.035, Certain streets—Thirty miles per hour; and

10.40.040, Certain streets—Twenty-five miles per hour, based on the recommendations of the E&TS Report.

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Attachment: Ordinance No. 881 Speed Limits (Ordinance No. 881 Amending Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic (2nd

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 10.40.010, First Street from Las Palmas to city limits—Twenty-five miles per hour, of Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the City’s Municipal Code, shall be repealed in its entirety and replaced with a new Section 10.40.010, which shall read as follows:

Reserved.

SECTION 2. Section 10.40.020, Certain streets—Forty-five miles per hour, of Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the City’s Municipal Code, shall be repealed in its entirety and replaced with a new Section 10.40.020, which shall read as follows:

10.40.020 Certain streets—Forty miles per hour.

The City Council has determined, upon the basis of an engineering and traffic survey, that the prima facie speed limit of forty miles per hour on the following streets is found to be the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. By virtue of the authority granted to it by Section 22357 of the Vehicle Code, the City Council determines and declares a prima facie speed limit of forty miles per hour for the following streets:

A. Ward Avenue from Calvinson Parkway to Southern City Limits; B. Rogers Road from Zacharias Road to Rogers Court;
C. Sperry Avenue from Rogers Road to Baldwin Road;
D. Sperry Avenue from Baldwin Road to Ward Avenue.

The speed limits on these streets shall be effective thirty (30) days after the final passage of the ordinance from which they are derived and when appropriate signs thereof are erected upon said streets.

SECTION 3. Section 10.40.030, Certain streets—Thirty-five miles per hour, of Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the City’s Municipal Code, shall be repealed in its entirety and replaced with a new Section 10.40.030, which shall read as follows:

10.40.030 Certain streets—Thirty-five miles per hour.

The City Council has determined, upon the basis of an engineering and traffic survey, that the prima facie speed limit of thirty-five miles per hour on the following streets is found to be the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. By virtue of the authority granted to it by Section 22357 of the Vehicle Code, the City Council determines and declares a prima facie speed limit of forty-five miles per hour for the following streets:

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Attachment: Ordinance No. 881 Speed Limits (Ordinance No. 881 Amending Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic (2nd

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A. Del Puerto Avenue from El Circulo Avenue to Sperry Avenue; B. Ward Avenue from Sperry Avenue to Calvinson Parkway; C. Las Palmas Avenue from Plaza Circle to Eastern City limits; D. Park Center Drive from Keystone Pacific Parkway to Sperry Avenue; E. Baldwin Road from Northern City limits to Sperry Avenue; F. Sperry Avenue from Ward Avenue to 2nd Street (Highway 33); G. Sycamore Avenue from Olive Avenue to Southern City limits.

The speed limits on these streets shall be effective thirty (30) days after the final passage of the ordinance from which they are derived and when appropriate signs thereof are erected upon said streets.

SECTION 4. Section 10.40.035, Certain streets—Thirty miles per hour, of Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the City’s Municipal Code, shall be repealed in its entirety and replaced with a new Section 10.40.035, which shall read as follows:

10.40.035 Certain streets—Thirty miles per hour.

The City Council has determined, upon the basis of an engineering and traffic survey, that the prima facie speed limit of thirty miles per hour on the following streets is found to be the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. By virtue of the authority granted to it by Section 22357 of the Vehicle Code, the City Council determines and declares a prima facie speed limit of thirty miles per hour for the following streets:

A. Ward Avenue from 2nd Street (Highway 33) to American Eagle/M Street; B. Ward Avenue from American Eagle/M Street to Sperry Avenue; C. Rogers Road from Rogers Court to Sperry Avenue;
D. Keystone Pacific Parkway from Rogers Road to Baldwin Road; E. Baldwin Road from Sperry Avenue to Southern City limits; F. Olive Avenue from 2nd Street (Highway 33) to Sycamore Avenue; G. M Street from Ward Avenue to 5th Street.

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Attachment: Ordinance No. 881 Speed Limits (Ordinance No. 881 Amending Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic (2nd

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The speed limits on these streets shall be effective thirty (30) days after the final passage of the ordinance from which they are derived and when appropriate signs thereof are erected upon said streets.

SECTION 5. Section 10.40.040, Certain streets—Twenty-five miles per hour, of Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic, of the City’s Municipal Code, shall be repealed in its entirety and replaced with a new Section 10.40.040, which shall read as follows:

10.40.040 Certain streets—Twenty-five miles per hour.

The City Council has determined, upon the basis of an engineering and traffic survey, that the prima facie speed limit of thirty miles per hour on the following streets is found to be the most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. By virtue of the authority granted to it by Section 22357 of the Vehicle Code, the City Council determines and declares a prima facie speed limit of twenty-five miles per hour for the following streets:

A. First Street from Walnut Avenue to Las Palmas Avenue; B. First Street from Las Palmas Avenue to Sperry Avenue; C. M Street/Walnut Avenue from 5th Street to Hartley Street; D. 7th Street from L Street to Las Palmas Avenue;
E. 9th Street from Ward Avenue to Sperry Avenue;
F. 9th Street from Sperry Avenue to Kinshire Way;
G. Poppy Avenue from Clover Avenue to 2nd Street;
H. Del Puerto Avenue from Poppy Avenue to Sperry Avenue; I. American Eagle Avenue from Peregrine Drive to Sweet Briar Drive; J. Calvinson Parkway from Baldwin Road to Ward Avenue;
K. American Eagle Avenue from Ward Avenue to Peregrine Drive; L. Heartland Ranch Avenue from Ward Avenue to Shearwater Drive; M. Walnut Avenue from Sycamore Avenue to Saffron Way;
N. Hartley Street from Las Palmas Avenue to Walnut Avenue; O. Las Palmas Avenue from Ward Avenue (S) to 9th Street;

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Attachment: Ordinance No. 881 Speed Limits (Ordinance No. 881 Amending Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic (2nd

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P. Las Palmas Avenue from 9th Street to El Circulo Avenue; Q. Salado Avenue from El Circulo Avenue to Ward Avenue
The speed limits on these streets shall be effective thirty (30) days after the final passage of the ordinance from which they are derived and when appropriate signs thereof are erected upon said streets.

SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional or invalid.

SECTION 7. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance 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 4
th day of February 2025, by ____________________, and seconded by __________________. The ordinance was given a second reading and adopted at a regular meeting of the City Council of the City of Patterson held on the ____, day of ______________, 202___, 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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Attachment: Ordinance No. 881 Speed Limits (Ordinance No. 881 Amending Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic (2nd

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EXHIBIT A
2024 Engineering and Traffic Survey (“E&TS”) Report

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Attachment: Ordinance No. 881 Speed Limits (Ordinance No. 881 Amending Chapter 10.40, Speed Limits, of Title 10, Vehicles and Traffic (2nd City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: February 18, 2025
ITEM NO: 6.8
SUBJECT: Approve Resolution No. 2025-02 Approving the Landscape and Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement with Popeye’s Chicken Restaurant Project; Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City Clerk to Record the Agreement.

RECOMMENDATION
Motion to Approve Resolution No. 2025-02 Approving the Landscape and Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement with Popeye’s Chicken Restaurant Project; Authorizing the City Manager or his Designee to Execute the Agreement; and Authorizing the City Clerk to Record the Agreement.

BACKGROUND
The City of Patterson Planning Commission approved an application for Conditional Use Permit and Architectural & Site Plan Review #21-07 for construction of building for Popeye’s Chicken Restaurant. The Project is located at 2167 Sperry Avenue, Patterson, California, Stanislaus County Assessor’s Parcel Number 021-094-003 (the “Subject Property”). According to the Project’s Conditions of Approval and the City of Patterson Stormwater Ordinance No. 777, Developer agrees to install, construct, and to perpetually maintain and repair all stormwater treatment control measures and all landscaping on the Subject Property and to comply with all stormwater regulations (State, Federal, and local).

ANALYSIS
The Landscape and Stormwater Control Measures Maintenance Agreement has been prepared and reviewed by all parties and is attached for Council’s approval. Additionally, a resolution is

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also attached for Council approval. The resolution is required for the city to record the agreement.

FISCAL IMPACT
There is no budget impact associated with this item. All costs associated with this item are paid for by the developer, including the on-going maintenance.

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1 1 RESOLUTION NO. 2025-02
2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON 4 APPROVING THE LANDSCAPE AND STORMWATER TREATMENT CONTROL 5 MEASURES (SCMS) MAINTENANCE & ACCESS AGREEMENT WITH POPEYE’S 6 CHICKEN RESTARAUNT PROJECT; AUTHORIZING THE CITY MANAGER OR 7 HIS DESIGNEE TO EXECUTE THE AGREEMENT; AND AUTHORIZING THE CITY 8 CLERK TO RECORD THE AGREEMENT
9 10 WHEREAS, the City of Patterson Planning Commission approved an application for 11 Conditional Use Permit and Architectural & Site Plan Review #21-07 for construction of a building 12 for Popeye’s Chicken Restaurant as described in the Exhibits of the Agreement; and 13 14 WHEREAS, the Project is located 2167 Sperry Avenue, Patterson, California, Stanislaus 15 County Assessor’s Parcel Number 047-032-003; and
16 17 WHEREAS, as a condition of approval of the project, the developer installed, 18 constructed, and agreed to perpetually to maintain and repair all landscaping, and stormwater 19 treatment control measures (SCMs) located on the property as described in the Landscape & 20 Stormwater Treatment Control Measures (SCMs) Maintenance & Access Agreement; and 21 22 WHEREAS, The City’s approval of the Project was conditioned upon Developer 23 satisfying certain conditions, which included the obligation to construct and maintain certain 24 offsite/on-site improvements for the Subject Property and as described in the approved 25 Improvement Plans project plans and Conditions of Approval; and 26 27 WHEREAS, as a condition of approval, Developer shall maintain the landscaping and all 28 stormwater treatment control measures (SCMs) for the Popeye’s Chicken Restaurant Project 29 location as described in the Landscape & Stormwater Treatment Control Measures (SCMs) 30 Maintenance & Access Agreement; and
31 32 WHEREAS, the City and Developer desire to enter into this Agreement to clearly define 33 the responsibilities for both Parties with respect to the Onsite Improvements and the Offsite 34 Improvements installed as part of the Project (collectively, the “Project Maintenance”); and 35 36 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson 37 that it hereby accepts the Landscape and Stormwater Treatment Control Measures (SCMs) 38 Maintenance & Access Agreement, authorizes the City Manager or his Designee to execute the 39 agreement, and directs the City Clerk of the City of Patterson to record the agreement. 40 41 The foregoing resolution of the City Council of the City of Patterson was passed by the City Council at a special meeting held on the 18th 42 day of February 2025, by ______________, who 43 moved its adoption, which motion was duly seconded by _______________, and the resolution 44 adopted by the following roll call vote:
45 46

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Attachment: Resolution No. 2025-02 -SCM ACCESS AGREEMENT-Popey’s Chicken Restaraunt 2-18-25 (Resolution No. 2025-02 Lanscape and 2 1 AYES:
2 NOES:
3 EXCUSED:
4 5
6 APPROVED:
7 8 ___________________________
9 Michael Clauzel
10 Mayor of the City of Patterson
11 12
13 ATTEST:
14 15 _____________________________
16 Aracely Alegre
17 City Clerk of the City of Patterson
18 19
20 21 I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the 22 City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a special meeting held on the 18th 23 day of February 2025, and I further certify 24 that said resolution is in full force and effect and has never been rescinded or modified. 25 26 DATED:
27 28 ___________________________________
29 City Clerk of the City of Patterson
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Attachment: Resolution No. 2025-02 -SCM ACCESS AGREEMENT-Popey’s Chicken Restaraunt 2-18-25 (Resolution No. 2025-02 Lanscape and Recording Requested by

CITY OF PATTERSON
After Recording Return to

CITY OF PATTERSON
ATTN: CITY CLERK
POST OFFICE BOX 667
1 PLA7.A
PATTERSON, CA 95363
(Space above this line for recorder's use)

POPEYE'S CHICKEN RESTAURANT
2167 Speny Avenue, Patterson , CA 95363
APN# 021-094-003
(Resolution Attached)

LANDSCAPE & STORMWATER TREATMENT CONTROL MEASURES
(SCMs) MAINTENANCE & ACCESS AGREEMENT
THIS LANDSCAPE & STORMWATER TREATMtrNT CONTROL MEASURNS (SCMs) MAINTENANCE & ACCtrSS AGREEMENT, (the "Asreement") is made and entered into _ day of 2025 (the "Ef&Etive Dgtg"), by and between the Citv of Patterson ("ely"), a Califomia municipal corporation, and Rosana Holdings, LLC, ("Dg!9lpp9l"). City and Developer each are referred Io herein separately as "Eary" and collectively as the "!qfl99". There are no other parties to this Agreement.

RECITALS
This Agreement is being entered with reference to the following facts:

A. In accordance with the recommendations of the Planning Commission ("Commission"), the City Council for City ("City Council") approving an application for Conditional Use Permit and Architectural & Site Plan Review #21-07 for construction of a2,303 square foot building for a Popeye's Chicken Restaurant (the "ftqjBg!"). )
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LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date:121912024

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) B. The Project is located on approximately 0.52 acres, located north of Sperry Avenue.

Approximately 500 feet east ofthe intersection with Park Center Drive, at 2167 Speny Avenue, Pattemon, California, Stanislaus County Assessor's Parcel Number 021-094-003 (the "Subject Property"), within the West Patterson Business Park Master Developed Plan and the Westridge Business Park Master Development Plan and is represented on the Area Map and attached herein as Exhibils "'A".

C. According to the Project's Conditions of Approval and the City of Patterson Stormwater Ordinance No. 777, Developer agrees lo install, construct, and to perpetually maintain and repair all stormwater treatment control measures and all landscaping on the Subject Property associated with the 'Approved On-site ImprovementPlans", attached herein as Exhibit "B" and according to the Operations and Maintenance Plan attached herein as Exhibit "C". The SCM shall be installed in accordance with plans and specifications accepted by the City of Patterson on private property and draining into a private owned storm drainage device. Therefore, the SCM installed on-site will be used to treat all stormwater on-site before it enters the public storm drain facilities. The SCMs installed are "private" facilities with all maintenance or replacement to be the sole responsibility ofthe Owner in accordance with lhe lerms ofthis agreement. Additionally, the Developer agrees to enroll in the City's Fats, Oils, and Grease (F.O.G.) Program, which will require maintenance reports to be submitted to lhe City on a regular basis and/or upon request ofthe City.

D. The City's approval of the Project was conditioned upon Developer satisfying certain conditions, which included the obligation to construct and dedicate to City certain off-site improvements near the Subjecl Property (Ihe "Aooroved Off-site lmorovement Plans"), as shown in more detail in the approved improvement plans, attached herein as Exhibit *8".

E. As a condition of approval, Developer shall maintain the landscaping on the subjecl property (the "Aooroved Landscaoe Improvement Plans" ) attached herein as Exhibit "B".

F. Recitals C, D and E reference installed and constructed On-site Improvements, Off-site Improvements, and Landscape Improvements. The approved improvement plans associated with Exhibit *B", attached herein, may change. Upon completion, inspection and final acceptance ofthe improvements, this agreement shall reference the Final Record Drawings on file with the City of Patterson.

G. City and Developer desire to enter into this Agreement to clearly define the responsibilities for both Parties with respect to the Civil Improvements and Slormwater Treatment Control Measures (SCMs), including on-site storm drain inlets, full capture trash screens, etc. and Landscape Plans installed as part of the Project (collectively, the "Project Maintenance").

NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date:121912024

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's)

AGREEMENT
Section 1. Recitals. The Recitals above are true and correct and are hereby incorporated into and made part of this Agreement. ln the event of inconsistency between the Recitals and the provisions of Sections I though I 1, the provisions of Sections I through I I shall prevail.

Section 2. Exhibits, The following Exhibits are attached to and incorporated into this Agreement:

Exhibit Desienation Erhibit Description
Exhibit "A" Area Map
Exhibit "B" Approved lmprovemenl Plans (Civil and Landscaping) Exhibit "C" Operations & Maintenance Plan
Section 3. Developer Responsibilities and Riqhts. Developer shall perform all Project Maintenance, subject to the terms and conditions of this Agreement. Project Maintenance includes the following:

Section 3.1. Permit Reouired. Developer shall obtain a permit and approval from City before establishing any futue connections Io the City's water, sewer, and storm systems.

Section 3.2. Routine Maintenance, Developer shall routinely and regularly maintain all Onsite Improvements, including the slorm drain interceptor, post-conslruction stormwater treatment control measures (SCMs) installed on the Subject Property, including any vegelated swales, temporary/permanent storm basins, bio filtration area(s), trash capturing devices, etc., and shown on the approved improvement plans, referenced as Exhibit routine maintenance includes keeping the storm drain interceptor and stormwater treatment control BMPs clean and clear ofdebris and properly maintained. Developer shall participate in and remain in compliance with the City's Fats, Oils, and Grease (F.O.C.) Control Program for on-going maintenance (storm/sewer) per Operations & Maintenance Manual, Exhibit "C", ard to the satisfaction ofthe Public Works Department.

Section 3.3. Landscapinq and Storm Drainage System. Developer shall plant and maintain all On-site Improvements including all trees and other landscaping, stormwater treatment BMPs/control measures/LlD improvements, and or vegetated swales located on the Subject Property and as shown on Exhibit "B". All trees shall be planted, maintained and replaced in accordance with the City's Street Tree Plan and Approved Tree List, per the City's municipal code.

Section 3.4. Assemblv Bill 1881. Developer will own, maintain and replace all landscaping installed on private property within the Subject Property in accordance with all applicable local and state laws, including the requirements established by Assembly Bill 1881 (Reg. Sess. 2005-2006) (*AB 1881") and Chapter I 5.48 ofthe City of Patterson Municipal Code. Before changing any landscaping or irrigation system within the Subject Property or at the location of Off-site Public Improvements, Developer shall

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912024

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) submit such proposed changes (the "Prooosed Plans") to the City for review and shall not commence such changes until City provides witten approval, such approval shall not to be unreasonably withheld, conditioned or delayed. City shall have fifteen (15) days following its receipt of the Proposed Plans to either approve or disapprove the Proposed Plans, in ils reasonable discretion, by delivering written notice to Developer of its approval or disapproval of the Proposed Plans ("Approval Notice" or "Disapproval Notice", as applicable). If City disapproves the Proposed Plans, then City shall give specific reasons therefor in the Disapproval Notice, whereupon Developer shall have fifteen (15) days following its receipt of the Disapproval Notice to submit to City revised plans and specifications for the landscaping and/or irrigation system (the "Revised Plans"). City shall have fifteen ( l5) days following its receipt ofthe Revised Plans to either approve or disapprove the Revised Plans, in its reasonable discretion, by delivering written notice to Developer of its approval or disapproval of the Revised Plans. The foregoing process shall continue until the Proposed Plans (or the Revised Plans) have been finally approved by City in an Approval Notice. If City fails to approve or disapprove the Proposed Plans or Revised Plans, as applicable, within the time period specified above, said plans shall be deemed approved. For any change to the Iandscaping or inigation system within the Subject Property Developer shall also complete and submit an AB l88l Audit and Certification to City.

Section 3.5. Backflow Protection Device. In addition to the maintenance and landscaping requirements set forth in Section 3 of this Agreement, Developer shall maintain the backflow protection devices constructed as part of the lmprovement Plans as shown on Exhibit "B" in accordance with City standards even ifthe device is located within a public right-of-way.

Section 4. Citv Resoonsibilitv and Rishts.

Section 4,3. In the event of an emergency situation or if City reasonably determines that public health, safety or welfare are likely to be harmed, City and City's Agents shall have the right to enter any portion ofthe Subject Property necessary to resolve the issue or abate the danger or emergency.

In such situation, Developer shall provide City and City's Agent's with access to the water meters and water boxes as the City deems necessary for meter reading, maintenance, repair, or replacement.

Section 4.4. City or a qualified third party approved by City will test all backflow devices installed on any of the water meters installed on the Subject Property on an annual basis at a schedule to be reasonably determined by City and Developer, at the sole cost ofDeveloper. Notwithstanding

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912024

S€ction 4,1. City shall own, maintain, repair and replace the water meters, and the water meter boxes for the Project, as it deems necessary.

Section 4.2. City and City's employees, officials. representatives, commissionen, officem. contraclors, and members ("Cily's Aqents") have the right to enler the Subject Property from time to time during normal business hours to inspect the water meters, water meter boxes, lire hydrants, and Project Maintenance to ensure compliance with all applicable maintenance requirements and regulations.

City Agents shall not unreasonably interfere with Developer's business activities on the Subject Property.

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) the foregoing, Developer shall only be responsible for the actual, documented out-of-pocket cost of any such testing.

Section 5. Term ofAgreement. This Agreement is binding upon the Parties, their successors and assigns and the agreements and covenants contained in this Agreement run with the land and with title to the Subject Property. Termination ofthe Agreement must be mutually agreed to in writing by the Parties.

Section 6. Default. In the event Developer fails to properly perform koject Maintenance, including but not limited to maintaining, or causing to be maintained, the Off-site Public Improvements and On-site Improvements and associated landscaping as set forth in Section 3 ofthis Agreement, beyond any applicable notice and cure period, Developer shall be in default ofthis Agreement ("Default"). Upon receipt ofa notice from City, Developer shall have sixty (60) days to cure such failure in accordance with the terms set forth by City (the "Cure Period"). If Developer fails to cure such failure to City's reasonable specificalions and pararneters, Developer agrees to participate in and not protest the inclusion and annexalion of the Subject Property into any appropriate Landscape Maintenance District, Benefit Assessment District, Community Facilities District(s), or any other assessment or financing vehicle City reasonably deems appropriate to provide proper maintenance ofthe On-site Prive Improvements and Offsite Public Improvements.

Section 7. @!9. City or City's officers, employees, agents, representatives or contractors may inspect or make statements indicating that certain work or materials used Io complete construction of the Project Maintenance comply with this Agreement. There may also be acceptance of certain Off-site Public Improvements or payments associated with the Off-site Improvements by City. None of these acts or statements shall relieve Developer of its obligations in this Agreement or serve as a basis or defense against City seeking to bring an action against Developer for any damages arising from the breach of any term or condilion ofthis Agreement by Developer.

Section 8. Indemnitv. Developer shall hold harmless, indemnify, and defend City and City's Agents from all liability that may be incuned by City as a result of any injuries to persons or damage to property arising out of or attributable 10 Developer's Project Maintenance including construction or maintenance of the On-site Private Improvements and Off-site Public Improvements, except for such liability directly resulting from City's negligence or willful misconduct.

Section 9. Notices. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (retum receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. Ifpersonally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. lf given by facsimile transmission, a Section 4.5. The Parties acknowledge and agree that City owns and shall maintain all water, sewer, and storm drain lines within the public rights-of-way adjacent to the Subject Property, including the Civil lmprovements shown in Exhibit B.

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date:. 12/9/2024

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party's facsimile machine. Notices transmilted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. lfgiven by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any ofthe addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution ofthe address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 1219/2024

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) If to City:

With courtesy copy to:
and
Il to Developer:

City of Patterson
ATTN: City Clerk
I Plaza
City Hall
Patterson, Califomia 95363
Tel: (209) 895-8000
Fax: (209) 895-8019
City of Patterson
ATTN: City Manager
I Plaza
City Hall
Patterson, Califomia 95363
Tel: (209) 895-8000
Fax: (209) 895-8019
City of Patterson
ATTN: City Attomey
1 Plaza
City Hall
Patterson, Cal ifom ia 95363
Tel: (209) 895-8000
Fax: (209) 895-801 9
Popeye's Chicken Restaurant
ATTN: Sunny Ghai
Ghai Management Services, Inc
25 east Airway Blvd,
Livermore CA 9455 I

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 1219/2024

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) Section 11. General Provisions.

Section 11.1. Modification ofAgreement. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the Parties. No supplement, amendment, or modification ofthis Agreement will be binding unless it is in writing and signed by all the Parties. No provisions in either Party's correspondence or other business forms used by either Party will supersede or add to the terms and conditions ofthis Agreement.

Section 11.2. [ntire Asreement. This Agreement and all other agreements and exhibits referenced in this Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the matters pertaining to the Project Maintenance as set forth herein and supersedes all prior and contemporaneous understandings or agreement of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Agreement.

Section 11,3. Severabilitv of Aqreement. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability ofthe remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss ofthe illegal, unenforceable, or invalid provision.

Section 11.5. Ambieuities. Each Party and its counsel have parlicipated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.

Section 11.6. Headinss. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation ofany provision in this Agreement nor aflect ary ofthe rights or obligations ofthe Parties to this Agreement.

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS ACREEMENT POPEYE'S CHICKEN RESTAURANT 2167 SPERRY AVENLTE
Date: 12/9/2024

Section I0. Heirs. Successors and Assiqns. This Agreement shall be recorded and shall apply to all future owners of any portion of the Subject Property. Any subsequent transferee of the Subject Property, or any part thereof, by acceptance of a deed or conveyance ofthe said property shall be deemed to have consented to and become bound by the terms ofthis Agreement. This Agreement shall be binding on the heirs, successors, and assigns ofthe Parties.

Section11,4. Intentionallvdeleted.

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) lN WITNESS WHEREOF, the Parties have duly executed this Agreement, with the intention of being bound by it, on the Effective Date set forth above, per attached Resolution.

CITY: City of Patterson, a Municipal Corporation ofthe State ofCalifornia Fernando Ulloa, City Manager Date Signed
Approved as to Form:

Nubia Coldstein, City Attorney Date Signed
Attest Bv:

Aracely Alegre, City Clerk Date Signed

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2167 SPERRY AVENUE
Date: 121912024

By:

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) By
DEVELOPER: Rosana Holdings. [-[-C
Harshraj Ghai, hesident
0t

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912O24
Page l0 of l7
?+ 7{

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) NOT,{RY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is aftached, and not the truthfulness, accuracy, or validity ofthat document.

State of Califomia
County of AunrrlzoA )
On Jelrr oav 21 201!, before me, VOts
^
NNe PoLl,LgoN . Notarv Public.
penonally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his,4ter/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed th€ instrument.

I certif under PENALTY OF PERruRY under the laws of the State of Califomia that th€ foregoing paragraph is true and conect.

WITNESS my hand and ofl'icial seal.
coM M. 1246 894 3 z
Not ry Public o
Alrncda
. Calilornia
Comm, oct. 2021
Notary Public

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS ACREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912024
Page I I of 17
I
ISeall

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's)

NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Califomia
County of
On 20_, before me, , Notarv Public.
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his,&erltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.

I certifo under PENALTY OF PER URY under the laws ofthe State of Califomia that the foregoing paragraph is true and correct.

Notary Public
WITNESS my hand and official seal
ISeal]

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 121912024

)
)
)

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's)

NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document.

State of Califomia
Counry of
On 20_, before me, . Notary Public,
personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within inslrument and acknowledged to me that he/she/they executed the same in his,4rer/their authorized capacity(ies), and thal by his,fterltheir signature(s) on the insfument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument,
I certifr under PENALry OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tlue and correct.

WITNESS rny hand and offrcial seal
ISeal]

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Dalei 121912024
Page l3 of 17
)
Notary Public

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) i
I
*"
at

AREA MAP

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912024

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape EXHIBIT (8"
APPROVED ON-SITE CIvIL IMPROVEMENT PLANS (APPROVAL D A"IE; 7 t25t2021)

PRECISE GRADING PLANS
2167 SPERRY AVE, PATTERSON, CA 95565

NEW COMMERCIAL RESTAURANT - POPEYES
PARCEL 2 OF WESTRIDGE PARK APN 02I.O9/*-OO5
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LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: l2l9/2024
Page l5 of 17
I

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape EXHIBIT "8" (CONTINUED)
APPROVED LANDSCAPE TMPROVEMENT PLANS (APPROVAL DATE: 612612024)

POPEYES LOUSIANA KITCHEN
POPEYLS LOUISIANA (! ICF]EN, INC
2167 SPFRRY AVE-
,DA I TERSON, CA 95363
.\i
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LANUSCAP! I BULA']ION APII NUMtsiIIi
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LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: l2l9/2024

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PROJECi )]STCIOIIY
I
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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape EXHIBIT'C"

OPERATIONS & MAINTENANCE MANUAL

LANDSCAPE AND STORMWATER MAINTENANCE & ACCESS AGREEMENT POPEYE'S CHICKEN RESTAURANT 2I67 SPERRY AVENUE
Date: 12/912024
Page l7 of 17

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) Exhibit C
Property Owner I n formation:

Del'el ment Information:

Treatment Control Measures:

List the treatmenl conlrol measures at the developmenl and their inspection frequencies (minimum ofonce per year). For each lreotment control measure, describe conditions that require mointenonce or repair. Describe preventive maintenance needed to keep the trealmenl control measure elfect iNe.
oPERATTON & MATNTENAT{CE (O&M) PLAN
and

STATEMENT OF RESPONSIBILIW
Property Owner Name: ROSANA HOLDINCS. LLC
Name ofContact Person: Sunny Ghai
Mailing Address: 25 E. AIRWAY BLVD.

City: Livermore State: CA zip: 94551
Telephone: 510 573 5905 Email: [email protected] Name of
Development:

POPEYES LOUSIANA KITCHEN RESTAURANT PATTERSON
Development Address: 2l 67 Sperry Ave
City Patterson State: CA Zip:

Assessor ParceI No.: 021-094-003
Name of Person or
Organization
Responsible lor
Perform ing
lnspections and
Maintenance of the
Treatment Control
Measures:

ROSANA HOLDINGS. LLC will assign a local or their preferred vendor to complete maintenance.

Mailing Street
Address:
25 E. AIRWAY BLVD.

City: Livermore State: CA Zip: 9:+551
Telephone: 510 573 5905 [email protected]
Treatment Control Measure Inspection
Frequency
Describe Conditions that Require
Maintenance/Repair and Describe Routine
Preventative Maintenance
On site landscaping
Routine
inspections
Maintenance and regular inspections must be
conducted to ensure proper function. Irrigate
vegetation as needed during prolonged dry
periods. Regularly inspect the irrigation system,
,l
O&M Plan and Statement of Responsibilitt
95363
Email:

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) if provided. for clogs or broken pipes and repair
as necessary. Inspect flow entrances. ponding
area, and surface overflow areas periodically, and
replace soil, vegetation, and/or mulch layer in
areas iferosion has occurred.
. Prune and remove dead vegetation as
needed. Replace all dead vegetation, and if
specific plants have a high mortality rate, access
the cause and, if necessary, replace with more
appropriate species. Repair, seed, and re-plant
damaged areas immediately.
. Remo\e weeds and other in\asive.
poisonou:. nuisance. or noxious vegetation as
needed until the vegetation is established. Weed
removal should become less frequent if the
appropriate species are used and planting density
is attained.
. Remove and properly dispose oftrash and
other littler.

Bio treatment - Wetland
Modular
Quarterly
and after
maj or
storm
events
. Maintenance and regular inspections must
be conducted to ensure proper function ol-an
Modular Wetlands. The following activil.ies must
be conducted to maintain the Bio treatment
device:
. Conduct regular inspection and routine
maintenance for pretreatment device(s).
. Inspect inlets and main device. outlets
and tiltration and its observation well frequently
to ensure that water filtrates completely within
the maximum drawdown time. If water is present
in the observation well more than 48 hours after a
storm. the wetlands maybe clogged. Maintenance
activilies triggered by a potentially clogged
thcility include:
. Check for debris/sediment accumulation.
rake surface and remove sediment and vegetative
or other debris. Ifsuspected upstream sources are
outside of the Agency's jurisdiction, additional
pretreat may be necessary.
2l
O&M Plan arul Srotement ol Responsibilt,r

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) . Eliminate standing water to prevent
vector breeding ifstanding in the unit or main
inlet.
. Remove and dispose oftrash and debris
as needed, but at least prior to the beginning of
the wet season.
. Inspect inlet structure lor erosion and regrade if necessary. . lnspect overflow devices for obstruction
or debris, which should be removed immediately.

Repair or replace damaged pipes upon discovery.

THIS AGREEMENT is made and entered into in Patterson, Califomia, this Fifth (5th) day ofFebruarv 2025, by and between Rosanna Holdines LLC hereinafter referred to as "Owner" and the Stormwater Program;
WHEREAS, the Owner owns real property ("Property") in the City of Patterson Stormwater Program. State ofCalifornia, depicted on the attached map. which are aftached hereto; WHEREAS. at the time of initial approval of the development project known as Popeves [-ouisiana Kitchen within the Property described
Herein, the City ofPatterson Stormwater Program required the project to employ on-site control measures to minimize pollutants in urban runoff':

WHEREAS. the Ouner has chosen to install the fbllor.l inc treatment control measures I. Onsite Landscaping and 2. Bio-treatment structure (Contech Modular Wetland Svstem MWS-L-4-8-6'-0"- hereinafter referred to as "facilities". as the on-site control measures to minimize pollutants in urban runolt
WHEREAS, said facilities have been installed in accordance with the requirements of the City of Patterson Stormwater Program Post-Construction Standards Plan and the Owner's plans and specitications Accepted by the City ofPatterson Stormwater Program:

Jl
t t,!,ll Pl,t,t ,uhl \t,ttanc4r ot R,,lr'n'tl\lttt

STATEMENT OF RESPONSIBILITY

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) WHEREAS. said facilities, with installation on private property and draining only private property is. a private facility with all operation, maintenance and replacement, therefore, the sole responsibility of the Owner in accordance with the terms of Agreement; WHEREAS. the Owner is aware that periodic and continuous maintenance (as described on page ofthis O&M Plan), including. but not necessarily Iimited to, sediment removal, is required to assure peak performance ofthe facilities and that, furthermore, such maintenance activity will require compliance with all Local. State, or Federal laws and regulations, including those penaining to confined space and waste disposal Methods, in effect at the time such maintenance occurs:

Owner hereby provides the City of Patterson Stormwater Program or City of Patterson Stormwater Program's designee complete access, ofany duration, to the facilities and its immediate vicinity at any time, upon reasonable notice, or in the event of emergency. as determined by City of Patterson Stormwater Program with no advance notice, for the purpose of inspection, sampling, testing of the facilities, and in case of emergency, to undertake all necessary repairs or other preventative measures at owner's expense as provided in paragraph 3 below. The Owner/Operator shall retain all operation and maintenance records at the facility for City of Patterson Stormwater Program inspection, and a copy shall be provided to the City of Patterson Stormwater Program if requested.

The City of Patterson, Stormwater shall make every effort at all times to minimize or avoid interference with the Owner's use ofthe Property.

2. Owner shall use its best efforts to diligently maintain the facilities in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by Owner and Owner's representative or contractor in the removal and extraction of material(s) from the facilities and the ultimate disposal ofthe material(s) in a manner consistent with all relevant laws and regulation in elfect at the time. When requested from time to time by the City of Patterson Stormwater Program. the Owner shall provide the City of Patterson Stormwater Program with documentation identilying the material(s) removed. the quantity, and disposal destination.

4. The City of Patterson Stormwater Program may require the owner to post security in tbrm and tbr a time period satisfactory to the City of Patterson Storm Water Program of 1)
O&lt Pl,n,t .tt,tttnt, t,'t R.,th,n\thtl t
NOW THEREDFORE. it is mutually stipulated and agreed as follows:

3. In the event Owner. or its successors or assigns. fails to accomplish the necessary maintenance contemplated by this Agreement. within five (5) days of being given written notice by the City of Patterson Stormwater Program, the City of Patterson Stormwater Program is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner or Owner's successors or assigns, including administrative costs. attomey fees and interest thereon at the maximum rate authorized by the Municipal Code fiom the date ofthe notice of expense until paid in full. and Owner thereby agrees to pay such charge within 30 days of receipt of City of Patterson Stormwaler Programs written demand for payment.

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) guarantee the performance ofthe obligations state herein. Should the Owner fail to perform the obligations under the Agreement, the City of Patterson Stormwater Program may, in the case of a cash bond, act for the Owner using the proceeds from it, or in the case of surety bond, require the sureties to perform the obligations ol the Agreement. As, an additional remedy, the City ofPatterson Stormwater Program may withdraw any previous storm water related approval with respect to the propeny on which the facilities have been installed until such time as Owner repays to City of Patterson Stormwater Program its reasonable costs incurred in accordance with paragraph 3 above.

5. TheOwnerwill besentanannual self-certification form each year by the City ofPatterson Stormwater Program to certify that all of the inspection and maintenance have been performed per page I of this O & M Plan and that the facilities are in effective working condition. The Owner has 60 days to complete and return the annual self-certification form to the City of Patterson Stormwater Program. If the report is not received within the 60- day period. the City of Patterson Stormwater Program will perform the inspection and assessment: and the Owner will be billed for it as described above.

6. ln the event of legal action occasioned by any default or action of the Owner, or its successors or assigns, the Owner and its successor od assigns agree (s) to pay all costs incurred by the City of Patterson Stormwater Program in enforcing the terms of this Agreement, including reasonable attomey fees and costs, and that the same shall become a part ofthe lien against said Property.

7. It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Prope(y and constitute a lien there against.

8. The obligation herein undefiaken shall be binding upon heirs, successors, executors, administrators and assigns ofthe panies hereto. The term "Owner" shall include not only the present Owner, but also its heirs. successors, executors, administrators and assigns.

Owner shall notify any successors to title of all or part ofthe Property about the existence of this Agreement. Owner shall provide such notice prior to such successors obtaining an interest in all or part olthe Property. Owner shall provide a copy ofsuch notice to the City of Patterson Stormwater Program at the same time such notice is provided to the successor.

9. Any notice or demand for payment to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepared, to addresses listed on Page I of this agreement either for the Owner or the City of Patterson Stormwater Program. Notice(s) shall be deemed effective upon receipt. or seventytwo (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing u,ritten notice thereofto the other pafiy.

O&M Plan and Stotene of Responsibili\'
5l

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above.

PROJECT
u 11.11s 02105125

SIC DBY
6 O&M Plon and Stotenent ol Respotl\ihili^

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Attachment: Landscape & SCMs Agreement - Popeye's Restaraunt (Resolution No. 2025-02 Lanscape and SCMs Agreement for Popeye's) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: February 18, 2025
ITEM NO:

SUBJECT:

6.9 Approve Resolution No. 2025-03, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Add Territory to Future Annexation Area of Community Facilities District (CFD) No. 2013-01 (Non-Residential Maintenance Services); and
Approve Resolution No. 2025-04, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Add Territory to Future Annexation Area of Community Facilities District (CFD) No. 2018-02 (Residential Maintenance Services); and
Approve Resolution No. 2025-05, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Add Territory to Future Annexation Area of Community Facilities District (CFD) No. 2022-01 (Public Safety Services) and Authorizing the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982.

RECOMMENDATION
Motion to Approve Resolution No. 2025-03, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Add Territory to Future Annexation Area of Community Facilities District (CFD) No. 2013-01 (Non-Residential Maintenance Services); and

Approve Resolution No. 2025-04, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Add Territory to Future Annexation Area of Community Facilities District (CFD) No. 2018-02 (Residential Maintenance Services); and Approve Resolution No. 2025-05, a Resolution of the City Council of the City of Patterson Declaring its Intentions to Add Territory to Future Annexation Area of Community Facilities

6.9 Packet Pg. 57
District (CFD) No. 2022-01 (Public Safety Services) and Authorizing the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982.

BACKGROUND
Development projects with new public amenities/improvements such as parks, landscaping, streets, streetlighting, sidewalks, and other public infrastructure are required, through conditions of approval, to provide for the long-term maintenance of the new infrastructure. The Villages of Patterson (VOP) located on the northeast portion of the city near Walnut Avenue and Sycamore Avenue, was conditioned to form a maintenance district to finance a portion of the maintenance and operation of various public amenities and infrastructure to be constructed within the Village of Patterson area. The owners of the project elected to form Residential Community Facilities District 2018-2 pursuant to the Mello-Roos Act. The formation of CFD 2018-2 established a Future Annexation Area that coincides with the VOP Area in order to allow for the ease of annexations of new properties within the specific plan boundary in the future. Annexations are numbered sequentially as distinct tax zones. Each tax zone is assessed separately, based on the pro rata share of the VOP public amenities. Under the Mello-Roos Act, the parcels in the Future Annexation Area are not subject to the special tax levied in the CFD until they annex into the CFD. Future zones may annex into the CFD if the owners execute a unanimous approval (UA) in which they agree to annex their parcel(s) into the CFD. Future development within the Villages of Patterson planned Area will be conditioned to annex into this CFD. Since then, new developments, for example Baldwin Ranch North Development, have been annexed into the boundaries of this Residential Maintenance CFD 2018-2 in 2022. With the recent annexation of the Zacharias Development, the city is now expanding the boundaries of CFD 2018-2 to incorporate new annexed parcels and/or properties identified as residential and allow for a streamline process and ensure that the funding mechanism for future ongoing maintenance of public amenities and improvements is set up once developed.

In 2013, with Amazon Distribution Center, the City formed the Non-Residential Maintenance CFD which funds ongoing maintenance of any public improvements in the public right-of-way dedicated to the city after they are constructed. This includes storm drainage, landscape medians, streets, sidewalks, traffic signals, etc. This maintenance CFD applies only to commercial and industrial development. The City does not maintain landscaping on private property. A landscape maintenance agreement is developed for each commercial/industrial properties and they are responsible for maintaining all landscaping and stormwater control measures put in place. As part of this CFD annexation area update, the City will also update the Boundaries of the NonResidential Maintenance CFD 2013-1 to include any undeveloped parcels that have been annexed into the city limits and/or identified as commercial/industrial property.

In 2022, as part of the Baldwin Ranch North development located on Baldwin/Sperry Avenue, the City established Public Safety/Fire CFD 2022-01 to fund fire protection and police services.

At the time, a boundary map was approved, but with the currently annexed areas from the Zacharias development, the Boundary areas of this district need to be updated.

ANALYSIS
Under the CFD Act, the City Council, as the legislative body for the CFD, is given the authority

6.9 Packet Pg. 58
to create a Future Annexation Area (the “Future Annexation Area”) of the CFD, and now desires to undertake proceedings to designate territory as the Future Annexation Area of existing City CFD 2018-2 (Residential Maintenance); CFD 2013-1 (Non-Residential Maintenance); and CFD 2022-01 (Public Safety Services) to expand the boundaries of each CFD to accommodate any undeveloped properties that have recently been annexed into the City limits and/or were not previously included.

The territory now proposed for each of the CFDs Boundary Maps identify what needs to be added as the Future Annexation Area(s), CFD Boundary Maps attached. Adding Territory to Future Annexation Area, on file with the City Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded such map, showing the territory to be added to the Future Annexation Area, in the office of the County Recorder of the County of Stanislaus within 15 days of the date of adoption of this resolution.

The existing rate and method of apportionment of special tax (the “Rate and Method”) among the parcels of real property within the existing territory of each of the CFDs will not be altered in connection with the proposed annexation and the territory proposed to be annexed. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method.

Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

The City Council is now being requested to approve all three Resolutions to initiate proceedings, which include noticing, and scheduling the public hearing required to annex territory into the city’s existing community facilities district boundaries to occur on Tuesday, April 1, 2025, at 7:00 p.m., in the City Hall, Council Chamber during a City Council meeting. Following the public hearing, the City Council will then be asked to adopt a resolution to complete this process and direct the recordation/filing of the boundary maps for all three CFDs (2018-2; 2013-1; and 2022-1) in the County Recorder’s Office.

FISCAL IMPACT
Developers for each of the annexed parcels will be invoiced for all costs associated with this annexation process. The costs include special tax consultant and legal counsel fees as needed.

The City will annually levy a special tax on the parcels in the district to fund the specified maintenance services or public safety services, with an initial maximum special tax rate per acre of land in the district, increasing by a maximum of 3% per year. As parcels annex to the district in the future, their maximum annual special tax rates will be determined at the time they annex to the district. The city will also charge 15% Administration fee annually to help offset increased staff time to administer this district.

6.9 Packet Pg. 59
RESOLUTION NO. 2025-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON

DECLARING ITS INTENTION TO ADD TERRITORY TO FUTURE ANNEXATION

AREA OF COMMUNITY FACILITIES DISTRICT

CITY OF PATTERSON
Community Facilities District No. 2013-01
(Non-Residential Maintenance Services)
Addition of Territory to Future Annexation Area
RESOLVED by the City Council (the “Council”) of the City of Patterson (the “City”), County of Stanislaus, State of California, that:

WHEREAS, this Council has conducted proceedings to establish Community Facilities District No. 2013-01 (Non-Residential Maintenance Services) (the “CFD”) and a Future Annexation Area (the “Future Annexation Area”) related thereto pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, in July 2017 this Council added territory into the Future Annexation Area of the CFD, and the Council now desires that additional territory in the City be part of the boundaries of the Future Annexation Area of the CFD; and WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to add territory to the Future Annexation Area of the CFD, and now desires to undertake proceedings to add territory to the Future Annexation Area of the CFD.

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

1. Findings. This Council hereby finds and determines that public convenience and necessity require that territory be added to the Future Annexation Area of the CFD.

2. Territory Described. The name of the existing CFD is “City of Patterson Community Facilities District No. 2013-01 (Non-Residential Maintenance Services).” The territory originally included in the existing CFD and the Future Annexation Area is set forth in the maps of the CFD heretofore recorded on September 10, 2013 at 3:35 o’clock p.m. in the Stanislaus County Recorder’s Office at Book 5 of Maps of Assessment and Community Facilities Districts at Page 17, and recorded on the 26th day of July, 2017, in Book 5 of Maps of Assessment and Community Facilities Districts at Page 64 in the Office of the County Recorder in the County of Stanislaus, to which maps reference is hereby made.

The territory now proposed to be added to the Future Annexation Area of the CFD is as shown on the Map Adding Territory to Future Annexation Area, on file with the City Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is

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Attachment: Resolution No. 2025-03 Add Territory CFD No. 2013-01 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2,

hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded such map, showing the territory to be added to the Future Annexation Area, in the office of the County Recorder of the County of Stanislaus within 15 days of the date of adoption of this resolution.

Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

3. The Services. The types of public services financed by the CFD and pursuant to the Act consist of those municipal services (the “Services”) as described in Exhibit A to the Resolution of Formation with respect to the CFD adopted by the Council as Resolution No. 2013-45 on December 3, 2013 (the “Resolution of Formation”). It is presently intended that the Services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be added to the Future Annexation Area of the CFD.

4. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes.

The special tax proposed to pay for Services to be supplied within the territory proposed to be annexed in the future from the Future Annexation Area will be equal to the special taxes levied to pay for the same Services in the CFD, except that a higher or lower tax may be levied within the territory proposed to be annexed in the future from the Future Annexation Area to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the CFD.

The existing rate and method of apportionment of special tax (the “Rate and Method”) among the parcels of real property within the existing territory of the CFD, as described in Exhibit A to the Resolution of Formation, will not be altered in connection with the proposed annexation and the territory proposed to be annexed. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method.

A special tax shall be levied in the Future Annexation Area only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

5. Public Hearing. Tuesday, April 1, 2025 at 7:00 p.m. or as soon as possible thereafter, in the City Hall, Council Chambers, 1 Plaza, Patterson, California 95363, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as

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Packet Pg. 61
Attachment: Resolution No. 2025-03 Add Territory CFD No. 2013-01 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2,

legislative body for the CFD, will conduct a public hearing on the matters described in this Resolution.

6. Notice. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be added to the Future Annexation Area to the CFD. The publication of said notice shall be completed at least 7 days before the date herein set for said hearing. The City Clerk may also cause a copy of such notice and a copy of this Resolution to be mailed to each landowner within the territory proposed to be added to the Future Annexation Area, which notice and resolution shall be mailed at least 15 days before the date of said hearing. Such notice shall be substantially in the form specified in Section 53339.4 of the Act, with a summary form specifically authorized.

7. Effective Date. This Resolution shall take effect upon its adoption. * * * * * *
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson, held on the 18th day of February 2025 by , who moved its adoption, which motion was duly seconded by and the resolution 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

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Attachment: Resolution No. 2025-03 Add Territory CFD No. 2013-01 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2,

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 18th day of February 2025, 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

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Packet Pg. 63
Attachment: Resolution No. 2025-03 Add Territory CFD No. 2013-01 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2, RESOLUTION NO. 2025-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON

DECLARING ITS INTENTION TO ADD TERRITORY TO FUTURE ANNEXATION

AREA OF COMMUNITY FACILITIES DISTRICT

CITY OF PATTERSON
Community Facilities District No. 2018-02
(Residential Maintenance Services)
Addition of Territory to Future Annexation Area
RESOLVED by the City Council (the “Council”) of the City of Patterson (the “City”), County of Stanislaus, State of California, that:

WHEREAS, this Council has conducted proceedings to establish Community Facilities District No. 2018-02 (Residential Maintenance Services) (the “CFD”) pursuant to the MelloRoos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to create a Future Annexation Area (the “Future Annexation Area”) of the CFD, and now desires to undertake proceedings to designate territory as the Future Annexation Area of the CFD.

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

1. Findings. This Council hereby finds and determines that public convenience and necessity require that a Future Annexation Area of the CFD be established.

2. Territory Described. The name of the existing CFD is “City of Patterson Community Facilities District No. 2018-02 (Residential Maintenance Services).” The territory originally included in the existing CFD and the Future Annexation Area is set forth in the map of the CFD heretofore recorded on August 28, 2018 in the Stanislaus County Recorder’s Office at Book 5 of Maps of Assessment and Community Facilities Districts at Page 75 as Document No. 2018-0059123-00, to which map reference is hereby made.

The territory now proposed to be added as the Future Annexation Area of the CFD is as shown on the Map Adding Territory to Future Annexation Area, on file with the City Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded such map, showing the territory to be added to the Future Annexation Area, in the office of the County Recorder of the County of Stanislaus within 15 days of the date of adoption of this resolution.

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Attachment: Resolution No. 2025-04 Adding Territory CFD No. 2018-02 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2,

The existing rate and method of apportionment of special tax (the “Rate and Method”) among the parcels of real property within the existing territory of the CFD, as described in Exhibit A to the Resolution of Formation, will not be altered in connection with the proposed annexation and the territory proposed to be annexed. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method.

Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

3. The Services. The types of public services financed by the CFD and pursuant to the Act consist of those municipal services (the “Services”) as described in Exhibit A to the Resolution of Formation with respect to the CFD adopted by the Council as Resolution No. 2018-78 on October 16, 2018 (the “Resolution of Formation”). It is presently intended that the Services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be added as the Future Annexation Area of the CFD.

4. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes.

The special tax proposed to pay for Services to be supplied within the territory proposed to be annexed in the future from the Future Annexation Area will be equal to the special taxes levied to pay for the same Services in the CFD, except that a higher or lower tax may be levied within the territory proposed to be annexed in the future from the Future Annexation Area to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the CFD.

A special tax shall be levied in the Future Annexation Area only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

5. Public Hearing. Tuesday, April 1, 2025 at 7:00 p.m. or as soon as possible thereafter, in the City Hall, Council Chambers, 1 Plaza, Patterson, California 95363, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the matters described in this Resolution.

6. Notice. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be added as the Future Annexation Area to the CFD. The publication of

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Attachment: Resolution No. 2025-04 Adding Territory CFD No. 2018-02 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2,

said notice shall be completed at least 7 days before the date herein set for said hearing. The City Clerk may also cause a copy of such notice and a copy of this Resolution to be mailed to each landowner within the territory proposed to be added to the Future Annexation Area, which notice and resolution shall be mailed at least 15 days before the date of said hearing. Such notice shall be substantially in the form specified in Section 53339.4 of the Act, with a summary form specifically authorized.

7. Effective Date. This Resolution shall take effect upon its adoption. * * * * * *
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson, held on the 18th day of February 2025 by , who moved its adoption, which motion was duly seconded by and the resolution 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
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 18th day of February 2025, 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

6.9.b
Packet Pg. 66
Attachment: Resolution No. 2025-04 Adding Territory CFD No. 2018-02 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2, RESOLUTION NO. 2025-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON

DECLARING ITS INTENTION TO ADD TERRITORY TO FUTURE ANNEXATION

AREA OF COMMUNITY FACILITIES DISTRICT

CITY OF PATTERSON
Community Facilities District No. 2022-01
(Public Safety Services)
Addition of Territory to Future Annexation Area
RESOLVED by the City Council (the “Council”) of the City of Patterson (the “City”), County of Stanislaus, State of California, that:

WHEREAS, this Council has conducted proceedings to establish Community Facilities District No. 2022-01 (Public Safety Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to create a Future Annexation Area (the “Future Annexation Area”) of the CFD, and now desires to undertake proceedings to designate territory as the Future Annexation Area of the CFD.

NOW, THEREFORE, IT IS HEREBY ORDERED as follows:

1. Findings. This Council hereby finds and determines that public convenience and necessity require that a Future Annexation Area of the CFD be established.

2. Territory Described. The name of the existing CFD is “City of Patterson Community Facilities District No. 2022-01 (Public Safety Services).” The territory originally included in the existing CFD and the Future Annexation Area is set forth in the map of the CFD heretofore recorded on June 27, 2022 in the Stanislaus County Recorder’s Office at Book 6 of Maps of Assessment and Community Facilities Districts at Page 62 as Document No. 2022- 0046056, to which map reference is hereby made.

The territory now proposed to be added as the Future Annexation Area of the CFD is as shown on the Map Adding Territory to Future Annexation Area, on file with the City Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded such map, showing the territory to be added to the Future Annexation Area, in the office of the County Recorder of the County of Stanislaus within 15 days of the date of adoption of this resolution.

6.9.c
Packet Pg. 67
Attachment: Resolution No. 2025-05 Adding Territory CFD 2022-01 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2, and

Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

3. The Services. The types of public services financed by the CFD and pursuant to the Act consist of those municipal services (the “Services”) as described in Exhibit A to the Resolution of Formation with respect to the CFD adopted by the Council as Resolution No. 2022-57 on August 16, 2022 (the “Resolution of Formation”). It is presently intended that the Services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be added as the Future Annexation Area of the CFD.

4. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes.

The special tax proposed to pay for Services to be supplied within the territory proposed to be annexed in the future from the Future Annexation Area will be equal to the special taxes levied to pay for the same Services in the CFD, except that a higher or lower tax may be levied within the territory proposed to be annexed in the future from the Future Annexation Area to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the CFD.

The existing rate and method of apportionment of special tax (the “Rate and Method”) among the parcels of real property within the existing territory of the CFD, as described in Exhibit A to the Resolution of Formation, will not be altered in connection with the proposed annexation and the territory proposed to be annexed. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method.

A special tax shall be levied in the Future Annexation Area only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

5. Public Hearing. Tuesday, April 1, 2025 at 7:00 p.m. or as soon as possible thereafter, in the City Hall, Council Chambers, 1 Plaza, Patterson, California 95363, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the matters described in this Resolution.

6. Notice. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be added to the Future Annexation Area to the CFD. The publication of said notice shall be completed at least 7 days before the date herein set for said hearing. The

6.9.c
Packet Pg. 68
Attachment: Resolution No. 2025-05 Adding Territory CFD 2022-01 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2, and

City Clerk may also cause a copy of such notice and a copy of this Resolution to be mailed to each landowner within the territory proposed to be added to the Future Annexation Area, which notice and resolution shall be mailed at least 15 days before the date of said hearing. Such notice shall be substantially in the form specified in Section 53339.4 of the Act, with a summary form specifically authorized.

7. Effective Date. This Resolution shall take effect upon its adoption. * * * * * *
The foregoing resolution was introduced at a regular meeting of the City Council of the City of Patterson, held on the 18th day of February 2025 by , who moved its adoption, which motion was duly seconded by and the resolution 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
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 18th day of February 2025, 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

6.9.c
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Attachment: Resolution No. 2025-05 Adding Territory CFD 2022-01 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2, and

6.9.d
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Attachment: CFD 2013-01 - Future Annexation Area Addition Map v3 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2, and 2022-1)

6.9.e
Packet Pg. 71
Attachment: CFD 2018-02 - Future Annexation Area Addition Map v2 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2, and 2022-1)

6.9.f
Packet Pg. 72
Attachment: CFD 2022-01 - Future Annexation Area Addition Map v2 (Resolution Nos 2025-03, 04, 05 Annex Territory to CFDs 2013-1, 2018-2, and 2022-1) City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: February 18, 2025
ITEM NO: 6.10
SUBJECT: Adopt Resolution No. 2025-06 approving the allocation of funds for Big Brothers Big Sisters of the Greater Sacramento Area (“BBBSGSA”) totaling $25,000 from the City of Patterson’s (“City”) General Fund; and 2) approving the Memorandum of Understanding (“MOU”) outlining the responsibilities of the Big Brothers Big Sisters of the Greater Sacramento Area (BBBSGSA) and the City.

RECOMMENDATION
Motion to Adopt Resolution No. 2025-06 approving the allocation of funds for Big Brothers Big Sisters of the Greater Sacramento Area (“BBBSGSA”) totaling $25,000 from the City of Patterson’s (“City”) General Fund; and 2) approving the Memorandum of Understanding (“MOU”) outlining the responsibilities of the Big Brothers Big Sisters of the Greater Sacramento Area (BBBSGSA) and the City.

BACKGROUND
Big Brothers Big Sisters is a non-profit organization that provides mentorship for children facing adversity and is the oldest mentorship program in the nation. BBBSGSA is a local agency of the national Big Brothers Big Sisters organization and receives guidance from the national organization. BBBSGSA matches children ages 6 to16 and typically from low to moderate income single parent households with one-on-one mentors. BBBSGSA’s mentorship relationships help children achieve academic success and develop non-cognitive skills while providing access to an external support system. Analysis has shown that children in BBBSGSA’s program are more likely to enroll in higher education, less likely to skip school, less likely to engage in violent behavior, and less likely to use drugs and alcohol.

BBBSGSA submitted a proposal to launch services in the City of Patterson. During the City

6.10 Packet Pg. 73
Council meeting on February 20, 2024, the City Council approved Resolution No. 2024-09 adopting the Fiscal Year 2023-24 Mid-Year Budget (“Budget”), which included an allocation of $25,000 for BBBSGSA from the City’s General Fund. None of the allocated funds were used during the 2023-24 fiscal year.

DISCUSSION:

The proposed Resolution allocates $25,000 from the General Fund, GL Account 100-100-6240, for BBBSGSA to operate a one-year program in the City.

BBBSGSA is a reputable non-profit organization with years of experience and results showing the positive impact the program has on children and youth. The $25,000 in funding will provide BBBSGSA with enough funding to maintain the program for one calendar year as detailed by task below:

Program Manager (Enrollment Orientation Training, Activities, Planning Tracking, etc.) = $15,000
Match Support Specialist (Communications with Volunteers, Care Coordination, Activities Support, etc.) = $4,500
Recruitment/Marketing/Outreach = $2,500
Administration/Materials Mileage = $3,000
Providing funding for the launch of BBBSGSA serves the public by aiding at risk children and youth, encouraging children and youth to be law abiding and decreasing truancy rates which increases public safety. This expenditure of public funds is justified because mentorship for atrisk children and youth will have a positive impact on the community of the City of Patterson.

The proposed Resolution also approves an MOU between the City and BBBSGSA. The MOU outlines the responsibilities of the City and the BBBSGSA for the MOU’s one-year term. The MOU specifies that the $25,000 allocated for BBBSGSA will be distributed to BBBSGSA in monthly installments.

FISCAL IMPACT:

The Resolution will allocate $25,000 from the General Fund, GL Account 100-100-6240, for BBBSGSA’s services.

OPTIONS:

1. Adopt the Resolution No. 2025-06 without any changes;

2. Adopt the Resolution No. 2025-06 with changes and revisions;

3. Reject the Resolution No. 2025-06 entirely.

ATTACHMENTS:

6.10 Packet Pg. 74
Resolution No. 2025-06
MOU (Exhibit A to Resolution)

6.10 Packet Pg. 75
{CW143751.1}
4886-5347-5835, v. 1
RESOLUTION NO. 2025-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON ALLOCATING $25,000 FOR BIG BROTHERS BIG SISTERS OF THE GREATER

SACRAMENTO AREA FOR THE LAUNCH OF THE MENTORSHIP PROGRAM FOR

CHILDREN AND YOUTH OF THE CITY OF PATTERSON AND APPROVING A

MEMORANDUM OF UNDERSTANDING
WHEREAS, Big Brothers Big Sisters of the Greater Sacramento Area (“BBBSGSA”) is a non-profit organization that provides mentorship for children and youth with a focus on at-risk individuals from low to moderate income single parent households; and WHEREAS, BBBSGSA is reputable program with over 100 years of experience and research has shown that the program increases confidence, promotes academic achievement, decreases violent behavior and decreases the use of drugs and alcohol; and WHEREAS, BBBSGSA has requested the allocation of $25,000 of funding for the launch of the mentorship program for children and youth in the City of Patterson (“City”); and WHEREAS, the City’s Fiscal Year 2023-24 Mid-Year Budget allocated $25,000 from the City’s General Fund for BBBSGSA, but none of the allocated funds were used during the 2023- 2024 fiscal year nor was an allocation made for the 2024-2025 year; and WHEREAS, the requested funding will be used to support a Program Manager, a Match Support specialist, training and orientation for volunteers, maintenance of appropriate materials for vetting participants, and management of the program in the City for one year; and WHEREAS, BBBSGSA serves a lawful public purpose by encouraging children and youth to be law abiding and decreasing truancy rates which increases public safety; and WHEREAS, BBBSGSA will benefit the public by aiding the success of at risk youth; and WHEREAS, the attached Memorandum of Understanding (“MOU”) outlines the agreement between the City and BBBSGSA to launch a BBBSGSA program in the City for a oneyear term; and WHEREAS, it is in the City’s interests to allocate $25,000 from the General Fund, GL Account 100-100-6240, and launch the BBBSGSA program according to the terms in the MOU.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Patterson as follows:

1. The request for an allocation of $25,000 from the General Fund, GL Account 100-100- 6240, for a BBBSGSA program in the City is hereby approved; and

2. The City council approves the Memorandum of Understanding with BBBSGSA and authorizes the City Manager to execute the Memorandum of Understanding with BBBSGSA, attached as Exhibit A.

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Attachment: Resolution No. 2025-06 Big Brothers Big Sisters (BBBSGSA) (Resolution No. 2025-06 Allocating $25,000 for Big Brothers Big {CW143751.1}
4886-5347-5835, v. 1
The foregoing resolution was adopted by the City Council at a regular meeting held on February 18, 2025, by _____, who moved its adoption, which motion was duly seconded by _______, and the resolution 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
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 18 th day of February 2025, 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

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Attachment: Resolution No. 2025-06 Big Brothers Big Sisters (BBBSGSA) (Resolution No. 2025-06 Allocating $25,000 for Big Brothers Big

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Attachment: Memorandum of Understanding Big Brothers Big Sisters (BBBSGSA MOU) (Resolution No. 2025-06 Allocating $25,000 for Big

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Attachment: Memorandum of Understanding Big Brothers Big Sisters (BBBSGSA MOU) (Resolution No. 2025-06 Allocating $25,000 for Big

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Attachment: Memorandum of Understanding Big Brothers Big Sisters (BBBSGSA MOU) (Resolution No. 2025-06 Allocating $25,000 for Big

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Attachment: Memorandum of Understanding Big Brothers Big Sisters (BBBSGSA MOU) (Resolution No. 2025-06 Allocating $25,000 for Big City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Fernando Ulloa, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: February 18, 2025
ITEM NO: 7.1
SUBJECT: Authorize Mistletoe Abatement; Authorize Staff to Enter into a Small Value Contract with the Contractor Selected to Abate the Mistletoe; and Authorize Staff to Bill the Property Owners. (Resolution No. 2025-07) Clean Up Process.

RECOMMENDATION
Motion to Authorize Mistletoe Abatement; Authorize Staff to Enter into a Small Value Contract with the Contractor Selected to Abate the Mistletoe; and Authorize Staff to Bill the Property Owners. (Resolution No. 2025-07) Clean Up Process.

BACKGROUND
Mistletoe abatement is an annual process that the city goes through (per Ordinance 174) to help protect the life of our community’s trees. Mistletoe is a parasite that grows on trees that can easily be transferred by birds from one tree to the other. Every year the City crews remove the mistletoe from all city street trees and perform a survey of all properties in the City to spot any Mistletoe on private trees.

ANALYSIS
The item is an abatement of Mistletoe at the attached locations. Staff is requesting authorization from the City Council to abate the Mistletoe at the addresses listed (see “Mistletoe 2025” attached.) A revised list will be provided at the City Council meeting.

After the survey is completed all property owners are notified by mail that the Mistletoe needs to be removed from their trees. Letters to all property owners were sent out on January 16, 2025, in which they were given a deadline of February 4, 2025. This letter also informs the residents

7.1 Packet Pg. 82
that the city will abate the Mistletoe at their expense if it is not removed by the specified deadline.

Staff is requesting approval from the City Council for the abatement. Once approved staff will obtain bids from contractors for the removal and proceed with award of the contract to the lowest responsible bidder and bill all costs incurred to the property owners.

FISCAL IMPACT
There is no direct cost associated with this item.

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RESOLUTION NO. 2025-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON,

AUTHORIZING THE ABATEMENT OF MISTLETOE
WHEREAS, the Public Works Director of the City of Patterson has reported mistletoe located and existing on properties in the City of Patterson in violation of Ordinance No. 174 of the City of Patterson, a description of said properties being attached hereto on Exhibit “A”; and WHEREAS, the Public Works Director of the City of Patterson caused Notice to be mailed to the owner of the subject property as in said Ordinance No. 174, said Notice giving notice to abate said mistletoe and setting a time and place for hearing objections to be proposed abatement; and and
WHEREAS, said hearing was held on the 18th day of February 2025, as in said Notices provided; WHEREAS, no objections to the proposed abatement were received at said hearing.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Patterson that said City Council finds that a mistletoe condition exists in said properties located within the City, said properties being in violation of Ordinance No. 174 of the City of Patterson; that a description of said properties being attached hereto on Exhibit “A”.

The foregoing resolution was passed by the City Council at a regular meeting held on the 18th day of February 2025, by , who moved its adoption, which motion was duly seconded by , and the resolution 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
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 18th day of February 2025 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

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Attachment: Resolution No. 2025-07 Clean Up Process (Authorize Mistletoe Abatement) City of Patterson
Mistletoe Survey 2025
# APN SITE_ADDR SITE_CITY
1 021-084-022-000 1234 JEWEL FLOWER DR PATTERSON
2 021-084-016-000 1258 JEWEL FLOWER DR PATTERSON
3 131-013-007-000 308 N 3RD ST PATTERSON
4 131-013-004-000 320 N 3RD ST PATTERSON
5 131-013-032-000 324 N 4TH ST PATTERSON
6 047-040-043-000 330 ROXANNE DR PATTERSON
7 048-049-028-000 501 AMBERINA DR PATTERSON
8 048-050-014-000 526 SUNFLOWER DR PATTERSON
9 048-050-015-000 528 SUNFLOWER DR PATTERSON
10 048-045-043-000 537 CLOVER AVE PATTERSON
11 048-050-045-000 540 MEGHAN DR PATTERSON
12 048-053-056-000 548 S 9TH ST PATTERSON
13 047-023-031-000 710 N 3RD ST PATTERSON
14 021-084-032-000 1262 SWEET PEA DR PATTERSON
15 047-023-030-000 700 N 3RD ST PATTERSON
16 131-013-033-000 320 N 4TH ST PATTERSON
**Residents are working to remove the mistletoe. An updated list will be provided to Council on the meeting day.

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Attachment: Mistletoe Survey List 2025 (Authorize Mistletoe Abatement)