Modesto City Council
February 8, 2022

Bid Tabulation Tuesday, January 11, 2022
Project Title: Modesto Modular Building Relocation
Project ID #: 2022-17
Vault ID #: 11-D-0291
Account #: 101296
Bid Opening: 12/14/2021 at 11:00 AM
Basis of Award: By Blind Bid Designer: O'Dell Engineering Design Manager: Jason Ortega
Project Description: Relocation of an existing modular building from Dr. Martin Luther King Park; then installing the modular building at the undeveloped park south of Dryden Golf Course parking lot.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Harris Builders, Inc.
(209) 664-9486, Fax (209) 667-0738 18736 Bloss Avenue, Hilmar CA 95324 Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $2,200.00 $2,200.00 2 Non-Irrigated Hydroseed SF 2520 $1.375 $3,465.00
3 Construction Fencing LS 1 $4,000.00 $4,000.00
4 Site Preparation (Clearing and Grubbing) SF 8144 $0.66 $5,375.04 5 Demolition LS 1 $8,000.00 $8,000.00
6 Site Grading (Rough/Fine) SF 8144 $2.20 $17,916.80
7 6” Vertical Curb LF 227 $63.43 $14,398.61
8 6” Vertical Curb and Gutter LF 15 $248.00 $3,720.00
9 4” Concrete Flatwork SF 1874 $13.85 $25,954.90
10 Hot Mixed Asphalt (HMA) TON 7 $1,939.71 $13,577.97
11 ADA Ramps EA 2 $1,150.00 $2,300.00
12 Parking Improvements LS 1 $2,192.00 $2,192.00
13 1.5” Water Line LF 344 $47.80 $16,443.20
14 Sanitary Sewer Line LS 1 $46,100.00 $46,100.00
15 6” Storm Drain Line LF 13 $57.69 $749.97
16 Site Electrical LS 1 $66,888.00 $66,888.00
17 Building Electrical & Lighting LS 1 $31,226.00 $31,226.00 18 Site & Building Communications System LS 1 $46,368.00 $46,368.00 19 Move & Reinstall Modular Building LS 1 $148,020.00 $148,020.00 Total: $458,895.49
Percent From Engineer's Estimate: 103.95%
Engineer's Estimate
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $2,000.00 $2,000.00 2 Non-Irrigated Hydroseed SF 2520 $0.60 $1,512.00
3 Construction Fencing LS 1 $5,000.00 $5,000.00
4 Site Preparation (Clearing and Grubbing) SF 8144 $1.00 $8,144.00 5 Demolition LS 1 $6,600.00 $6,600.00
6 Site Grading (Rough/Fine) SF 8144 $0.25 $2,036.00
7 6” Vertical Curb LF 227 $25.00 $5,675.00
8 6” Vertical Curb and Gutter LF 15 $35.00 $525.00
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Item # Item Description Units Quantity Unit Price Extension 9 4” Concrete Flatwork SF 1874 $15.00 $28,110.00
10 Hot Mixed Asphalt (HMA) TON 7 $225.00 $1,575.00
11 ADA Ramps EA 2 $900.00 $1,800.00
12 Parking Improvements LS 1 $1,200.00 $1,200.00
13 1.5” Water Line LF 344 $24.00 $8,256.00
14 Sanitary Sewer Line LS 1 $15,000.00 $15,000.00
15 6” Storm Drain Line LF 13 $65.00 $845.00
16 Site Electrical LS 1 $35,000.00 $35,000.00
17 Building Electrical & Lighting LS 1 $31,722.00 $31,722.00 18 Site & Building Communications System LS 1 $10,000.00 $10,000.00 19 Move & Reinstall Modular Building LS 1 $60,000.00 $60,000.00 Total: $225,000.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 8, 2022
Date: January 18, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Agreement with Berry, Dunn, McNeil and Parker LLC for Fund Development Plan and Implementation Strategy
CONTACT: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods, [email protected], (209) 577-5347
DESCRIPTION:

Consider approving an Agreement with Berry, Dunn, McNeil, and Parker, LLC for professional services to prepare a Fund Development Strategy and Implementation Plan for the Parks, Recreation and Neighborhoods Department in the amount of $49,999, plus a $4,999 contingency if needed, for an agreement total not to exceed $54,998. (Funding Source:

General Fund – Parks, Recreation and Neighborhoods Administration).

STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Service Delivery Goals and Strategies to pursue new and alternative revenue sources.

BACKGROUND:

The Parks, Recreation and Neighborhoods Department (PRND) serves the citizens of Modesto through quality recreational programming, welcoming community centers, active neighborhood engagement, a variety of cultural awareness events, inviting destinations and attractions, and planning and operation of the City’s vibrant park and trail systems. PRND offers numerous services and programs based on the guiding principles of accessibility, inclusivity, affordability, equity, diversity, sustainability and flexibility.

Over the last three decades, the department has faced an increase in the demand for facilities and services and a decrease in funding. From 2002-2012, the department implemented several fund development strategies and actions to offset the cost of services and facilities. In 2003, the Koegler Consulting Group conducted an asset inventory and valuation assessment of parks, trails, recreation facilities, and recreation programs and offered recommendations for a successful fund development program. In 2004, the City hired a Fund Development Specialist, entered into an agreement with Stanislaus Community Foundation to manage the acceptance of #22..
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City Council, February 8, 2022
Agreement with Berry, Dunn, McNeil and Parker LLC
for Fund Development Plan and Implementation Strategy

endowments for open space development and program activities, and retained Market Place Media to develop a marketing plan for program sponsorships and presentation sponsors for the City’s parks, programs and facilities. In 2015, due to the economic downturn and strain on the City’s general fund, the department was reorganized and the Fund Development Specialist position eliminated.

DISCUSSION:

Today, the department continues to face an increase in demand for facilities, services, and quality maintenance of its parks, trails, community centers, historical properties, and sports venues. Parks and recreation systems throughout the nation are facing similar hardships, including competition for scarce resources, state and local budget shortfalls, dwindling funding sources, and a national focus on public safety. Noting these trends, the department prepared an Informal Request for Proposals for the development of a Fund Development Strategy and Implementation Plan. The Scope of Work includes the following:
1) Evaluate and identify a sponsorship value on the department’s park properties, facilities and recreational programming; make recommendations.
2) Evaluate department’s current fund development initiatives and programs; make recommendations.
3) Create Fund Development Plan – Sponsorships, Naming Rights, and Fundraising. 4) Create Implementation Strategy – Structure, Staffing, Administration, Timing, and Short/Long-Term Goals and Priorities.

On October 14, 2021, the Purchasing Division issued Request for Proposal (RFP) Informal (INF) 22-04 for the development of a Fund Development Plan and Implementation Strategy on Planet Bids via the City’s website. Prospective bidders were also notified online and via email invitation of the bid opportunity. Twenty-one (21) companies downloaded the RFP document.

On November 19, 2021, one proposal was received from GreenPlay, LLC. Staff deemed the proposal complete and compliant with the informal bidding process ($25,000-$50,000). On January 1, 2022, GreenPlay, LLC merged with Berry, Dunn, McNeil, and Parker, LLC of Portland, Maine. On the basis of providing the lowest responsive and responsible bid, staff recommends awarding the Fund Development Plan and Implementation Strategy agreement for professional services to Berry, Dunn, McNeil, and Parker, LLC in the amount of $49,999 plus a 10% contingency if needed, with the total amount not to exceed $54,998.

In accordance with Modesto Municipal Code Section 8-3.204(a) Exceptions to the Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval for this type of professional service to Berry, Dunn, McNeil, and Parker, LLC conforms to Modesto Municipal Code 8-3-204, subsection (a) as they are providing professional services for the preparation of the Parks, Recreation and Neighborhoods Department’s Fund Development Plan and Implementation Strategy.

FISCAL IMPACT:

This agreement is fully funded in the Fiscal Year 2021-2022 Operating Budget. The goal of the Fund Development Plan and Implementation Strategy is to secure and increase alternative sources of revenue to fund parks, trails, and facilities maintenance and amenities as well as to increase cost benefit recover for current and expanded recreational programs and activities. #22..
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Agreement with Berry, Dunn, McNeil and Parker LLC
for Fund Development Plan and Implementation Strategy

Revenue increases are projected to start small in Fiscal Year 2022-2023 and increase over the next several fiscal years.

COMMITTEE RECOMMENDATION:

This item was considered by the Safety and Communities Committee on January 10, 2022 which recommended it be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Berry, Dunn, McNeil, and Parker, LLC for professional services to prepare a Fund Development Strategy and Implementation Plan for the Parks, Recreation and Neighborhoods Department in the amount of $49,999, plus a $4,999 contingency if needed, for an agreement total not to exceed $54,998, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Laurie A. Smith
Director of Parks, Recreation and Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

CONSIDER APPROVING AN AGREEMENT WITH BERRY, DUNN, MCNEIL,

AND PARKER, LLC, FOR PROFESSIONAL SERVICES TO PREPARE A FUND

DEVELOPMENT PLAN AND IMPLEMENTATION STRATEGY FOR THE

PARKS, RECREATION, AND NEIGHBORHOODS DEPARTMENT IN THE
AMOUNT OF $49,999, PLUS A $4,999 CONTINGENCY IF NEEDED, FOR AN AGREEMENT TOTAL NOT TO EXCEED $54,998, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the City’s Parks, Recreation and Neighborhoods Department (“Department”) serves the citizens of Modesto through quality recreational programming, welcoming community centers, active neighborhood engagement, cultural awareness events, inviting destinations and attractions, and planning and operation of the City’s vibrant park and trail systems; and
WHEREAS, the Department continues to face an increase in demand for facilities, services, and quality maintenance of its parks, trails, community centers, historical properties, and sports venues; and
WHEREAS, on October 14, 2021, the City issued an Informal Request for Proposals (RFP INF 22-04) for professional services for the preparation of a Fund Development Plan and Implementation Strategy; and
WHEREAS, on November 19, 2021, one proposal was received; and WHEREAS, the sole proposal from GreenPlay, LLC, was found to be responsive and responsible; and
WHEREAS, on January 1, 2022, GreenPlay merged with Berry, Dunn, McNeil and Parker LLC; and
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WHEREAS, the Agreement shall be in the amount of $49,999, plus a ten percent (10%) contingency of $4,999 if needed, for a total Agreement amount to not exceed $54,998; and
WHEREAS, on January 10, 2022, the Safety and Communities Committee recommended the award of proposal and Agreement for the preparation of a Fund Development Strategy and Implementation Plan to Berry, Dunn, McNeil, and Parker, LLC, be forwarded to Council for approval; and
WHEREAS, the award of proposal and Agreement for the preparation of a Fund Development Strategy and Implementation for the Parks, Recreation and Neighborhoods Department to Berry, Dunn, McNeil, and Parker, LLC., conforms to Modesto Municipal Code 8-3.203.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby awards the proposal and Agreement, in an amount not exceed $54,998, for the preparation of a Fund Development Strategy and Implementation Plan to Berry, Dunn, McNeil and Parker, LLC.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #22..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of February, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ______________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
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1 STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Berry, Dunn, McNeil & Parker, a limited liability company, hereinafter referred to as "Consultant" (each sometimes referred to as “Party” and collectively referred to as “Parties”).

This Agreement is made with regard to the following recitals:

A. The City has determined that a Fund Development Plan and Implementation Strategy should be prepared for the City to assist in funding, sustaining, and improving Parks, Recreation and Neighborhoods Department parks, projects, activities, and facilities; and
B. GreenPlay, LLC responded to the City’s Informal Request for Proposal (RFP INF 22-04) and as of January 1, 2022, merged with, and now does business as Berry, Dunn, McNeil & Parker, LLC; and
D. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as prepared by GreenPlay, LLC and set forth and described in the documents attached #22..
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2 hereto and referred to as “Exhibit A" or "project". The Consultant shall perform the services as described in Exhibit A in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this Agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit A.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $49,999 plus a 10% contingency, if needed for a total agreement amount not to exceed $54,998, as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit A and for performance by Consultant of all of its duties and obligations under this Agreement.
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3 The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a firm-fixed fee basis for Consultant’s actual costs for all work called for in Exhibit A of this Agreement. The firm-fixed fee is inclusive of all travel, reimbursables, and deliverables per each task. Consultant shall submit monthly invoices to City which shall include a brief description of the services provided and percentage of Scope of Work completed to date.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Art Thatcher, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that twenty-seven percent (27%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person. #22..
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4 6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this Agreement will be delivered to City upon the completion or termination of services under this Agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.
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5 8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement, if so required, at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is #22..
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6 understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any #22..
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7 entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, #22..
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8 certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Berry, Dunn, McNeil & Parker, LLC Address: 2211 Congress Street
Portland, ME 04102
Attention: Chad Snow, Principal
Phone: (207) 541-2294
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Laurie A. Smith
Phone: (209) 577-5347
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies. (a) Worker's Compensation in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 for #22..
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9 combined single limit. If commercial general liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations. (c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability (Errors and Omissions) insurance with a minimum limit of $2,000,000 per claim, $4,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an #22..
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10 additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. Consultant shall provide City with separate endorsements evidencing proof of the City’s additional insured status as to both the general liability and automobile liability policies. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. In addition, Consultant shall provide City with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, City shall give written notification to Consultant.

Consultant must cure such breach or default within 10 business days of the receipt of such notice. If Consultant fails to cure the breach within the 10 business days, City may, at its option, terminate this Agreement. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
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11 Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Termination by City for Lack of Budgeted Funds
The City may terminate this Agreement effective July 1 of any given year upon the City’s determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event City shall give Consultant not less than thirty (30) days written notice of termination.

Termination by City of Consultant’s Tax Status
If City determines that Consultant does not meet the requirements of federal and state tax laws for independent contractor status, City may terminate this Agreement by giving written notice to Consultant. The termination shall be the effective date of the notice.

Post-Termination Procedure
If this Agreement is terminated pursuant to this Section, Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants #22..
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12 and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide #22..
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13 sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. If the Agreement is terminated pursuant to the subparagraph entitled Termination by City for Default by Consultant, Consultant understands and agrees that City may, in City’s sole discretion, refuse to pay Consultant for that portion of the Consultant’s services which were performed by Consultant on the project prior to the termination date. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
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14 16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client against damages, liabilities and costs arising from the negligent acts of the Contractor in the performance of professional services under this Agreement, to the extent that the Contractor is responsible for such damages, liabilities and costs on a comparative basis of fault and responsibility between the Contractor and the Client. The Contractor shall not be obligated to indemnify the Client for the Client's own negligence.

18. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties. #22..
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15 20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
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16 25. COMPLIANCE WITH LAWS.

Consultant shall ensure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #22..
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17 IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022- , adopted by the Council of the City of Modesto on the day of , 2022, and Berry, Dunn, McNeil & Parker, a limited liability company has caused this agreement to be duly executed in duplicate as of the Effective Date.
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18 Exhibit “A”

GREENPLAY, LLC
City of Modesto Fund Development Plan and Implementation Strategy

SCOPE OF WORK
I. PROJECT UNDERSTANDING
The City of Modesto is seeking assistance in the
development of a Parks and Recreation Fund
Development Plan and Implementation Strategy to serve
as a guide for sustainable funding into the future. This plan will provide you with the methodology for valuation of your assets for sponsorship and a good start on the
actual valuations, and will help you identify alternative funding sources, which may include partnerships, grants, and other non-traditional options.

The City of Modesto is the County Seat of Stanislaus
County and is home to about 218,500 people. As part of
the San Jose-San Francisco-Oakland Metropolitan area,
Modesto offers a vibrant downtown with shopping,
dining, and other amenities.

MISSION
Tocreatecommunityandenhance
neighborhoods, through people,
parks,programsandfacilities.

The City’s Parks, Recreation, and Neighborhoods
Department operates and maintains 76 parks with over
500 acres of turf, 7 splash pads, 44 tennis courts, over 15 miles of bike paths. Other park features include an
outdoor amphitheater, playgrounds, picnic pavilions,
ballfields, soccer fields, basketball courts, volleyball courts, skate parks, dog parks, splash pads, disc golf
course, horseshoe pits, and wading pool. There are also community centers and facilities; sports, convention and historical facilities; a wide variety of classes and
recreational programming for all ages; and many
opportunities for park and facility rentals. Each of these provide an opportunity to consider for sponsorship.

The Department, similar to many across the country,
has experienced an increase in demand for facilities,
programs and services, and at the same time a decrease in funding. Particularly with the impacts of the pandemic, the resultant lack of resources to produce
services, operate facilities and make capital
improvements is widespread with much competition
from all service sectors for those limited resources at the local, state, and national level. We appreciate the Department’s determination to take pro-active steps
to reduce its dependence on the City’s General Fund
and secure the future of its service and programs
through a much more self-sufficient approach.

We recognize that the City would like this planning effort to be completed within 60 days in order to meet
budgeting deadlines for the next fiscal year. Our team has the experience necessary to hit the ground
running. Along with a long history of working in and with local government agencies and other public agencies, we bring direct expertise in sponsorship valuation for public parks and recreation; many years of collective experience as high-level parks and recreation administrators; strong familiarity and expertise in funding, revenue and cost
recovery policy development and implementation, and
partnerships along with traditional and alternative
funding sources; and experience in understanding and
applying relevant federal, state and local laws and
regulations.

Through our virtual meeting methodologies, we have the
ability to attend meetings with City staff and
citizens as needed, our assigned project staff is excited about this project and committed for the duration of the contract in proposed capacities, and we have a proven
track record of responsiveness to requests from our
clients for information, materials, and meeting requests. #22..
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19 The following Scope of Work details the steps that we will take to complete the plan.

A. STRATEGIC KICK-OFF (SKO) MEETING
Within 10 days of selection and award, our GreenPlay
team will provide a Detailed Work Plan to the Project
Team for discussion at a Strategic Kick-Off Meeting. We will review the details of the work plan and formalize the timeline and details of the Project and allow our team to become more familiar with your agency, its structure, and current practices and policies related
to cost recovery and resource allocation. Agenda will
include:
• Discussion of Critical Success Factors for this
project.
• Refining project scope including clarification of
expectations, desired project outcomes, uses,
and goals; specific staff involvement and
responsibilities; and logistics for each step.
• Confirming lines of communication, point of
contact, level of involvement by City leaders
and staff, and other related project
management details.
• Establishing a communications plan to keep all
stakeholders informed throughout the process.
• Determining staff, stakeholder and future
collaborator participation, along with defining
desired role of any advisory groups and/or City
Council.
• Determining meeting attendance and
submitting periodic written progress status
reports to the City.
• Fulfilling a document request list for staff to
provide necessary information not already
provided in the RFP.
• Understanding current budgeting and cost
recovery methods and data resources to
ensure the study will be both accurate and
appropriate to the City’s needs.
• Understanding of current pricing, resource
allocation structures, and current
sponsorships.
• Confirming project deliverables.
• Answering any questions pertaining to the
successful development of the study.

B. SPONSORSHIP VALUATION
Caravel Marketing will lead this task and will also
participate in other aspects of the project to ensure
a cohesive approach. For this task we will evaluate
and begin to identify sponsorship values on the
department’s park properties, facilities, and
recreational programming using best practices and we
make recommendations for next steps to complete
valuation for the Department’s full inventory potential.

We believe the key to sponsorship success is a smart
sales plan, a solid sales process, and a pricing model, applied with a sales discipline aimed at building
customized and creative programs collaboratively.

Pricing and valuation of sponsorship programs is the
#1 challenge in the sponsorship industry. There is no
magic formula, short-cut, or easy answer to
evaluating a sponsorship; however, we have developed a
proprietary model to make this process more
manageable, and the value more accurate and reliable.

The true valuation of sponsorship is an art and science.

Often the value is not apparent until the intangible
benefits, marketing assets, and market conditions
are evaluated collectively. We customize our model
to reflect the uniqueness of each partnership to
determine the fair market value of the partnership.

The most successful sponsorship programs are highly
customized based on the sponsors objectives and
strategic initiatives. This level of customization requires a creative approach, broad marketing understanding, full
integration across all platforms and channels, and
innovative thinking.

To evaluate and identify a sponsorship value on
the department’s park properties, facilities, and
recreational programming Caravel will:
• Share best practices and industry trends
• Offer suggestions to maximize partnership
opportunities and increase the value
• Share an overview of sponsorship spending
and notable sponsorship programs
• Gather information from similar partnerships
in the park and recreation space
• Review selected sponsorship agreements
• Evaluate the current sponsorship assets and
benefits
• Assess the historical sponsorship efforts and
results
• Facilitate a discovery session
• Provide an insights and recommendations
report with budget goal recommendations
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20 Within the time limitation for this project and our
proposed fee, we will:
• Include a full inventory of opportunities with a
“readiness” ranking for valuation
• Develop a valuation for key opportunities
receiving a high readiness ranking
• Use the initial valuation information to inform
the 2022-2023 budget and project future
potential
• Provide recommendations for next steps to
complete valuation for the Department’s full
inventory potential
This will not include detailed valuation of all sites, but will include conceptual potential and general
advisement of key sites and categories.

C. EVALUATE CURRENT FUND DEVELOPMENT

INITIATIVES AND PROGRAMS
GreenPlay will lead this task and will participate in
other aspects of the projects and be responsible
overall for all tasks and team members and the
successful completion of this project. For this
task we will evaluate the department’s current fund
development initiatives and programs, make
recommendations and/or update as appropriate.

Our GreenPlay team believes deeply in creating an
in-depth, efficient, open, and stakeholder-focused
input process as part of all planning projects. We work quickly with staff and stakeholders to discern culture and to make necessary contacts to obtain and move forward
with reliable information. While we provide national
expertise, process, and experienced project management
to produce the desired deliverables,
we will work with your team and other stakeholders to
help guide the process and provide important
knowledge and input as they will bring first-hand
knowledge of local issues and concerns that will assist in producing useful and pertinent feedback.

Through our comprehensive approach to cost recovery
we address every aspect of resource allocation including both use of tax resources and earned revenue
generation. We will:
• Review and evaluate all relevant existing
policies and practices of the Department
• Review and evaluate all existing fund
development initiatives including Leisure
Bucks financial assistance program, the
Parks Partners Program and the Stanislaus
Community Foundation Donations, and others
that might exist.
• Develop and maintain a strong, enabling
relationship with Parks, Recreation, and
Neighborhoods staff and partners to
collaboratively achieve the task components of
the project.
• Seek staff and key stakeholder engagement on
the effectiveness, efficiencies, understanding,
and consistency of use of the existing policies,
practices and initiatives, and identify missing
elements.
• Apply our knowledge and expertise to make
recommendations regarding existing and
potential new policies, practices and initiatives
to meet the goals of the Department.
• Perform a revenue analysis and recommend
innovative strategies based on our inventory
of well over 100 revenue generating ideas
gathered from around the country.

D. CREATE FUND DEVELOPMENT PLAN
GreenPlay will lead this task creating a comprehensive
Fund Development/Corporate and Private Sponsorship
Program Plan and including cost recovery and pricing
strategy and guidelines for sponsorships, partnerships, donations, and pledges). With integration of the findings of the previous two tasks, the plan will address:
• Purpose of the Plan – Why are we looking
at sponsorship and alternative revenue
generation?
• Discussion of the background, breadth of
guidelines, etc.
• Inventory of Key Assets – What might be
included in Sponsorship Offerings
• Policies, including but not limited to:
• Cost Recovery Policy
• Fundraising Policy
• Naming Rights Policy
• Partnership Policy
• Sponsorship Policy
• Room/Facility Rental Policy
• Reference to Program and Rental Fees
• Market Analysis – including an overview of the
City demographics and potential users of the
key identified sites
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21 • Potential Sponsorship Tiering Structure – a
conceptual estimate of the range of levels of
sponsorships that may be available.
• Potential Partner / Sponsor review – based on
information gleaned from staff, users, and a
cursory view of the City’s situation. This will not
include procurement of partners/sponsors, but
recommendations will be made regarding
potential next steps.
• Outline for Sponsorship Procurement Guidelines
–including a format for internal review of
applicability, authorization levels and steps, and
an outline of Guiding Questions for procurement.

E. CREATE FUND DEVELOPMENT PLAN STRATEGY
MRG will lead this task and will also participate in all phases of the project to ensure that there is a cohesive understanding for the planning and implementation of
the revenue and fund development program. We will
• Gather and review the current organizational
structure, comparable agency data, budgets
and fiscal documents.
• Consider current best practices and trends in
the revenue and marketing efforts in similar
communities.
• As with all our work, we rely on staff’s
knowledge, expertise, and effective collaboration
on every project. Throughout the requested
project services, we will collaborate with the
Executive team and identified stakeholders or
other departments.

Program Administration, Structure, Staffing and
Oversight
We will review the current staffing and organizational
structure and align recommendations with the goals
and priorities set forth in the Fund Development plan.

Consideration will be given to multiple options
including but not limited to:
• Redefining job descriptions/positions
• Identifying options for streamlining budgets
• Highlighting partnerships, and
• Defining opportunities for increasing revenues.

Following review of the Modesto Revenue Manual and
other documents, we will provide an analysis of fiscal
trends and merge program administration and
oversight with budget parameters.

We will outline program oversight and administration
that meets best practices and fiscal parameters.

DELIVERABLE: Administrative Report
Roll-Out – Timelines and Revenue Projections
We will recommend project timelines and revenue
projections that are sustainable and also meet shortterm and long-term goals. The timeline will be created to allow initial implementation within the first budget cycle following completion of the project and plan.

The project team will develop a phasing plan that meets the City’s expectations for adding new revenue streams
to the Department budget.

To ensure early success and sustainability the project
team will work with the entire consulting team to
identify “quick wins.” We will outline a plan that
enables opportunities for success within the
administrative capacity of the comprehensive program.

Revenue projections will align with the administration
and oversight of the full program.

DELIVERABLE: Administrative Report with Timeline
Short and Long-Term Goals/Priorities
Working with the consulting team and executive
staff, we will develop a matrix to identify goals and
priorities. The matrix will outline next steps,
recommended projects and be listed in priority order. It will also consist of a phasing plan using the agreed upon short-term and long-term goals.

DELIVERABLE: Matrix Document
F. PRESENTATION OF REPORT
GreenPlay will present (in-person) with the Parks and
Recreation Department and City Council in person
or virtual if COVID -19 restrictions prevent in-person
meetings.

Deliverables
We will provide the City with an electronic copy of the final report in a PDF or other format consistent with your software. This include:
• Documentation for sponsorship valuation
• Recommendations to be considered
• An Implementation Strategy and action plan
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II. PROJECT BUDGET
TASKS GreenPlay MRG Caravel
Marketing Total Hours
TASK A: Strategic Kick-Off, and Determination of
Critical Success Factors $2,048 $2,048 14
TASK B: Sponsorship Valuation $945 $15,000 $15,945 106
TASK C: Evaluate Current Fund Initiatives $5,224 $5,224 35 TASK D: Create Fund Development Plan $6,405 $6,405 43
TASK E: Fund Development Plan Implementation
Strategies $1,103 $13,500 $14,603 97
TASK F: Draft Plan and Presentations $5,775 $5,775 39
Totals $21,499 $13,500 $15,000 $49,999 334
This project is billed as Firm-Fixed Fee, meaning that all travel, reimbursables, and deliverables are built into the per task cost.

Fee Basis
GreenPlay does not bill on an hourly basis. We have established an inclusive fee schedule that covers the salaries of our professional project staff and of support staff who enable them to function effectively and efficiently. We consider the prevailing rates in our industry and the level of specialized expertise that we provide.

For projects which require more than 100 hours of work, GreenPlay proposes using a Firm-Fixed Price model for compensation. This means that the contract is based on a projected number of hours, but the compensation is actually based on the completion of pre-determined contracted tasks identified in the Scope of Work and within a pre-specified timeline.

This typically works well for the client, ensuring that all work is accomplished regardless of the time required to complete each task. In the event that the contracted Scope of Work is changed by the client during the project, GreenPlay can adjust total contract fees accordingly based on our regular hourly rates. This project is proposed as a Firm-Fixed Fee project; therefore, individual hourly rates and projected number of hours are not applicable.

Our rates include:
 All deliverables as outlined in the Scope of Work.
 Professional staff, sub-consultant, and administrative salaries.  All office overhead, equipment, utilities, and consulting insurances.  Taxes, employee benefits, and Worker’s Compensation.
 Administrative support staff and supplies, and local travel.  Work Products and meetings as outlined in the Scope of Work.  All travel costs are built into the firm-fixed fee.

Rates do not include:
 Materials and services outside of the pre-specified Scope of Work (may include extra meetings, requested copies and printing of work products).
 Geotechnical services and reports.
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 Topographic and boundary surveys (site surveys).
 Site Testing.
 Project related legal and safety consultant services
 Permits and fees borne by the agency.
 Detailed schematic and construction documents.

Additional Services: If Requested
GreenPlay’s rate for additional services is based on an average of $150 per hour if not proposed as “firm-fixed fee.” For sub-consultants, hourly rates range from $60 to $150 per hour, depending on the task. As this project is based on a firm-fixed fee, our consultants will dedicate the necessary time to complete the project. Our sub-consultant team members set their hourly rates according to their individual firm fee schedules. While the hourly rates may sound high, when considering the costs for implementing additional experienced and professional full- time staff, benefits, insurances, office space, computers and equipment, support staff, utilities, etc., we find that this rate is usually comparable to or lower than what an agency would spend for in-house staff. An additional benefit is that when the project is finished, the expense ends. GreenPlay typically submits an invoice for payment to the project manager/primary contact person on a monthly basis. Each invoice includes a brief description of the services provided and percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per month. Other structures for compensation and payment can be negotiable prior to contract award.

Project Delay Fee
GreenPlay will work with your project team to jointly lay out an achievable schedule during contracting and detailed during the SKO. There is a cost to GreenPlay if the project is delayed beyond the accepted contracted schedule end date, so we will work diligently with you to achieve it. We expect prompt responses and to keep milestones for approval points. If the project is delayed due to Borough requests or non-response, we may request additional fees to do so. Typically, this fee is around 10% of remaining budget for each month of client caused delays. We are happy to help keep this project on schedule, and value open and transparent conversations about how to best do so throughout the project.

III. PROJECT BUDGET

PROPOSED SCHEDULE
Week One Strategic Kick Off and Collection of Background Information Week Two - Five Valuation of Sponsorships and Current Funding Analysis Week Six - Seven Create Fund Development Plan and Implementation Strategies Week Seven Deliver and Present Draft and Final Plan
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 8, 2022
Date: January 19, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods SUBJECT: Update on Stanislaus Community Foundation Accounts CONTACT: Laurie A. Smith, Director of Parks, Recreation & Neighborhoods, [email protected], (209)577-5347
DESCRIPTION:

Consider accepting an update on the Parks, Recreation and Neighborhood Department accounts at the Stanislaus Community Foundation and approve the recommendations for account adjustments. (Funding Source: Stanislaus Community Foundation) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

In 2002, the Parks, Recreation & Neighborhoods Department (PRND) created a fund development specialist position to secure funding for park development and maintenance, recreation programs, and facilities maintenance. Additional responsibilities included identifying resources for the growing demand for services. A fund development strategy was created and on February 25, 2003, by Resolution 2003-95, Council adopted the Fund Development Strategies and Actions as recommended by PRND and directed staff to develop specific funding plans for corporate sponsorships, municipal marketing, naming rights, exclusive vendor/official supplier agreements and Friends of Parks foundation.

As part of the fund development strategies, staff negotiated an agreement with the Stanislaus Community Foundation to qualify PRND for grants for which government agencies are typically ineligible. The Stanislaus Community Foundation (Foundation) is a 501(c)(3) nonprofit organization governed by a board of private citizens chosen to represent the public interest. The Agreement established the Foundation as the City’s Fiscal Agent for accepting donations for open space development and program activities as well as managing the investment of these funds. On December 14, 2004, by Resolution 2004-635, Council approved this agreement. #23..
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City Council, February 8, 2022
Update on Stanislaus Community Foundation Accounts

Prior to 2014, all revenue related to “Miscellaneous and Recreation” activity was housed in one specific account. After 2014, this account was split into two accounts, one for Recreation and one for Miscellaneous. Various fund development projects went into these accounts such as Spirit of Giving, Breakfast with Santa, Leisure Bucks and Night at the Bowl. In 2016, staff reviewed the deposits and withdrawals in these historical accounts in an attempt to identify how much revenue should be earmarked for each activity. Staff in coordination with the Foundation reviewed deposits and withdrawals made to these accounts back to 2009.

Beginning Fiscal Year 2015-2016, a multi-year project was established to track all the revenue and expense activity for the Foundation accounts. The Finance Department assumed responsibility for the reimbursements of activities tied to the Foundation accounts and began reconciling the project on a quarterly basis to ensure the City was reimbursed on each activity in a timely manner.

DISCUSSION:

There are currently fourteen accounts held at the Stanislaus Community Foundation for PRND.

The City receives statements on all accounts on a monthly basis and are linked to a multi-year project where each account is assigned to a specific activity. During the year, PRND staff charge eligible expenses to a specific activity within the multi-year project. At each quarter, the Finance department reviews these expenses and, if necessary, completes a draw from the City’s Foundation accounts to ensure that all activity is reimbursed throughout the fiscal year.

The current account balances as of November 30, 2021, for each of the fourteen accounts at Stanislaus Community Foundation are listed below:

Account Name Account Balance as
of 11.30.21
Arch Preservation $34,761
Arts in Public Places $7,315
Centre Plaza $16,023
Dog Park $36,182
Grogan Park $109,374
Historical Cruise $10,052
Mayors Top Teens $32,413
Meadow Glen $6,314
Miscellaneous – Various
Activities
$157,012
Modesto Lions Park $68,257
Parade of Lights $350
Parks Preservation $63,683
Recreation – Various
Activities
$96,451
TRRP $17,271
Virginia Corridor $151,068
Total $806,526
Foundation CIP Project –
100983 Parade of Lights
$350
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City Council, February 8, 2022
Update on Stanislaus Community Foundation Accounts

While most of the Foundation accounts are for specific purposes, the Miscellaneous and Recreation accounts have balances tied to various activities. Staff has been working to determine how much of each account balance should be tied to these activities.

The Miscellaneous account with the Foundation currently has a balance of $157,012 and is tied to the following activities:
- Adopt-a-Tree: Funding for the “Adopt-a-Tree” project where volunteers helped plant trees in downtown Modesto.
- Leisure Bucks: Funding for financial assistance for use on City recreation programs. - Night at the Bowl: Funding to hold the “Night at the Bowl” event which is a fundraising event for the preservation and restoration of the Mancini Bowl and MoBand. - Spirit of Giving: Funding to hold the “Spirit of Giving” 5K run which is the primary fundraiser for the Leisure Bucks program.
- Volunteer Projects: Funds for Volunteer projects held in the City by the PRN department.
- General Miscellaneous: Funds for various PRN projects and events.

The Recreation account with the Foundation currently has a balance of $96,451 and is tied to the following activities:
- Breakfast with Santa: a holiday fundraiser, partnered with the North Modesto Kiwanis to assist with funding the Leisure Bucks program.
- Junior Giants: Funding for the Junior Giants program and its activities. - Movie Night: Funding to hold the summer movie series held at Mancini Bowl. - General Recreation: Funds for various Recreation projects targeted for adaptive programming, senior programming, and programming designated for at-risk youth.

The other twelve accounts with the Foundation are: Arch Preservation, Arts in Public Places, Centre Plaza, Dog Park, Grogan Park, Historical Cruise, Mayors Top Teens, Meadow Glen, Modesto Lions Park, Parks Preservation, TRRP, and Virginia Corridor.

Staff worked to identify the proper activity for the various donations in the Miscellaneous and Recreation accounts; however, there are some donations with little to no information and could not be identified. As such, staff determined it best to keep those funds assigned to their respective General accounts. In conclusion, staff is recommending the allocations noted in the Fiscal Impact section.

FISCAL IMPACT:

While there is no direct fiscal impact to the item, staff is recommending that the Miscellaneous and Recreation current account balances be split to the following activities.

Miscellaneous Account
Activity Account Balance to Earmark
Adopt-a-Tree $227
General Miscellaneous $19,037
Leisure Bucks $63,725
Night at the Bowl $36,345
Spirit of Giving $37,678
Volunteer Projects $0
Total $157,012
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City Council, February 8, 2022
Update on Stanislaus Community Foundation Accounts

Recreation Account
Activity Account Balance to Earmark
Breakfast with Santa $5,543
General Recreation $78,337
Junior Giants $11,051
Movie Night $1,520
Total $96,451
By assigning these funds to specific activities in their respective Foundation account, staff can use these funds starting with a beginning fund balance. This will allow staff to plan for future fund development activities based on available funds for each activity. Staff will determine procedures for future deposits to the Foundation accounts to specify and/or assign activities to each deposit.

COMMITTEE RECOMMENDATION:

This item was approved by the Finance Committee on January 24, 2022 which recommended it be forwarded to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting an update on the Parks, Recreation and Neighborhood Department accounts at the Stanislaus Community Foundation and approving the recommendations for account adjustments; and authorizing the Director of Finance, or her designee, to make the account adjustments.

Approved by:

Laurie A. Smith, Director of Parks, Recreation &
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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02/08/2022/PRN/LSmith/Item ? 1 2022-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION ACCEPTING AN UPDATE ON THE PARKS, RECREATION AND

NEIGHBORHOOD DEPARTMENT ACCOUNTS AT THE STANISLAUS

COMMUNITY FOUNDATION AND APPROVING THE RECOMMENDATIONS
FOR ACCOUNT ADJUSTMENTS; AND AUTHORIZING THE DIRECTOR OF

FINANCE, OR HER DESIGNEE, TO MAKE THE ACCOUNT ADJUSTMENTS WHEREAS, on February 25, 2003, by Resolution 2003-95 Council adopted Fund Development Strategies and Actions as recommended by PRND and directed staff to develop specific funding plans for corporate sponsorships, municipal marketing, naming rights, exclusive vendor/official supplier agreements and Friends of Parks foundation, and
WHEREAS, on December 14, 2004, by Resolution 2004-635, Council approved an agreement with the Stanislaus Community Foundation, a 501(c)(3) nonprofit organization governed by a board of private citizens chosen to represent the public interest, to qualify PRND for grants for which government agencies are typically ineligible, and
WHEREAS, prior to 2014, all revenue related to “Miscellaneous and Recreation” activity was housed in one account, and
WHEREAS, after 2014, this account was split into two accounts: Recreation and Miscellaneous; and each account contained several activities, and WHEREAS, in 2016, staff reviewed the deposits and withdrawals in each account to determine how much revenue should be earmarked for each activity and created a multi-year project to track all revenue and expense activity for the Foundation accounts, and
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02/08/2022/PRN/LSmith/Item ? 2 2022-?
WHEREAS, there are currently fourteen accounts held at the Foundation for PRND including the Miscellaneous and Recreation accounts noted in the table below with each of their balance as of November 30, 2021:

Account Name Account Balance as
of 11.30.21
Arch Preservation $34,761
Arts in Public Places $7,315
Centre Plaza $16,023
Dog Park $36,182
Grogan Park $109,374
Historical Cruise $10,052
Mayors Top Teens $32,413
Meadow Glen $6,314
Miscellaneous – Various
Activities
$157,012
Modesto Lions Park $68,257
Parade of Lights $350
Parks Preservation $63,683
Recreation – Various
Activities
$96,451
TRRP $17,271
Virginia Corridor $151,068
Total $806,526
Foundation CIP Project –
100983 Parade of Lights
$350
, and
WHEREAS, staff has worked to identify and earmark specific amounts to each activity housed in the Miscellaneous and Recreation accounts and determined keeping any donations that could not be identified within their respective General accounts, and WHEREAS, staff is recommending approval of the allocations noted below:

Miscellaneous Account
Activity Account Balance to Earmark
Adopt-a-Tree $227
General Miscellaneous $19,037
Leisure Bucks $63,725
Night at the Bowl $36,345
Spirit of Giving $37,678
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02/08/2022/PRN/LSmith/Item ? 3 2022-?
Volunteer Projects $0
Total $157,012
Recreation Account
Activity Account Balance to Earmark
Breakfast with Santa $5,543
General Recreation $78,337
Junior Giants $11,051
Movie Night $1,520
Total $96,451
, and
WHEREAS, by assigning these funds to specific activities in their respective Foundation account, staff can use these funds starting with a beginning fund balance which will allow staff to plan for future development activities, and WHEREAS, staff will determine procedures for future deposits to the Foundation accounts to specify and/or assign activities to each deposit.

NOW THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby accepts an update on the Parks, Recreation and Neighborhood Department accounts at the Stanislaus Community Foundation and approves the recommendations for account adjustments.

BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is hereby authorized to make the account adjustments.
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02/08/2022/PRN/LSmith/Item ? 4 2022-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of February, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 8, 2022
Date: January 19, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Authorization for the City of Modesto to Apply for a Notice of Intent to Comply with SB 1383
CONTACT: Myriah Hill, Solid Waste Administrative Services Technician, [email protected], 209-577-5458
DESCRIPTION:

Consider approving the City of Modesto Solid Waste Division to apply for a Notice of Intent to Comply with regulations set in Senate Bill 1383, which allows the California Department of Resources Recycling and Recovery to delay administrative civil penalties for non-compliance. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the Council’s Strategic Plan Area- Quality of Life:
“Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto;” Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:

In September 2016, Governor Brown signed the Short-Lived Climate Pollution Reduction Act Senate Bill (SB 1383)1 into law, establishing emission reduction targets statewide by reducing organic waste to landfill by 75% and recovering 20% of edible food waste for human consumption by 2025. In October 2021, the California legislature also passed SB 6192, which recognizes the difficulties the Covid-19 pandemic caused for SB 1383 compliance and allows jurisdictions to apply for administrative civil penalty relief for noncompliance. California Department of Resources Recycling and Recovery (CalRecycle) created the Notice of Intent to Comply form and instructions for jurisdictions to apply for consideration under SB 619.
1 https://www.calrecycle.ca.gov/organics/slcp
2 https://www.calrecycle.ca.gov/organics/slcp/enforcement/noic #24..
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City Council, February 8, 2022
Authorization for the City of Modesto to Apply for a Notice of Intent to Comply with SB 1383

The City of Modesto has elected to submit a Notice of Intent to Comply given that we do not anticipate full compliance in 2022.

DISCUSSION:

The City of Modesto is currently developing a SB 1383 Implementation Plan in coordination with consultant R3 Consulting Group, Inc (under Resolution 2021-227). The City chose to coordinate with an independent consultant rather than developing a compliance plan internally because SB 1383 could lead to major changes in waste collection, waste processing, administrative responsibilities, and cost of service. Including a consultant in this process ensures that the City receives an impartial recommendation for changes that can impact Modesto’s residents and businesses, though it has taken the consultant longer to develop this plan than staff anticipated.

Final recommendations will be presented for Council consideration in April 2022 detailing changes that may be required. At this time, the City is not in compliance with SB 1383 and could incur administrative civil penalties if a Notice of Intent to Comply is not submitted by March 1, 2022.

FISCAL IMPACT:

There is no fiscal impact. Applying for CalRecycle’s Notice of Intent to Comply allows for relief from administrative civil penalties that could be incurred for non-compliance with SB 1383.

COMMITTEE RECOMMENDATION:

On February 7, 2022, this item was presented to the Economic Development Committee, and recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the City of Modesto Solid Waste Division to apply for a Notice of Intent to Comply with regulations set in Senate Bill 1383 which allows for the California Department of Resources Recycling and Recovery (CalRecycle) to delay administrative civil penalties for noncompliance.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Notice of Intent to Comply
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE CITY OF MODESTO SOLID WASTE

DIVISION TO APPLY FOR A NOTICE OF INTENT TO COMPLY WITH REGULATIONS SET IN SENATE BILL 1383 WHICH ALLOWS FOR THE

CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND

RECOVERY (CALRECYCLE) TO DELAY ADMINISTRATIVE CIVIL

PENALTIES FOR NON-COMPLIANCE
WHEREAS, the California Department of Resources Recycling and Recovery (CalRecycle), in consultation with the California Air Resources Board, has adopted regulatory requirements (Regulations), consistent with the mandate of Senate Bill (SB) 1383 (Lara, 2016), that are designed to achieve the organic waste reduction goals established in Section 39730.6 of the Health and Safety Code through a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2025; and
WHEREAS, the City of Modesto is a local jurisdiction required to comply with the Regulations; and
WHEREAS, the City of Modesto is or expects to be facing continuing violations of the Regulations commencing during the 2022 calendar year; and WHEREAS, Senate Bill 619 (Laird, 2021), through amendments to Section 42652.5 of the Public Resources Code (Statute), created a mechanism called a Notification of Intent to Comply through which a local jurisdiction may secure administrative civil penalty relief from any continuing violations of the Regulations for the 2022 calendar year and may be eligible for a broader and longer-term regulatory compliance path, including suspended administrative civil penalties, through a corrective #24..
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action plan; and
WHEREAS, the City of Modesto is a local jurisdiction authorized by the Statute to submit a Notification of Intent to Comply for CalRecycle approval; and WHEREAS, CalRecycle shall approve a Notification of Intent to Comply that is duly adopted by the jurisdiction by formal written resolution and meets the requirements of the Statute; and
WHERAS, the City of Modesto authorizes and directs Public Works staff on its behalf, to submit the Notification of Intent to Comply attached as Exhibit “A” to CalRecycle for approval pursuant to the Statute; and
WHEREAS, by submitting the Notification of Intent to Comply pursuant to and subject to the above referenced requirements, the City of Modesto represents and certifies that it will implement the proposed actions to remedy the violations according to the proposed schedule as approved by CalRecycle and in accordance with the Statute and Regulations; and
WHEREAS, the City of Modesto also acknowledges and agrees to comply with any maximum compliance deadline in any corrective action plan that CalRecycle, in its sole discretion, determines to be necessary and appropriate under the circumstances for the correction of any violation(s) of the Statute and Regulations identified in its Notification of Intent to Comply.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby formally adopts the Notification of Intent to Comply attached as Exhibit “A.”
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of February, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Attest:

DANA SANCHEZ, Interim City Clerk
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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Notification of Intent to Comply
CalRecycle is providing this optional form as a convenience to assist jurisdictions (counties, cities, a county and city, or special districts providing solid waste collection services) for purposes of submitting a notification of intent to comply to CalRecycle [see Public Resources Code (PRC) section 42652.5(c)].

A jurisdiction may submit a notification of intent to comply if it is facing continuing violations of the Short-lived Climate Pollutants: Organic Waste Reductions requirements in Title 14 California Code of Regulations (14 CCR). The written notification of intent to comply, adopted by resolution of the jurisdiction’s governing body, shall be sent to CalRecycle no later than March 1, 2022, to [email protected].

A jurisdiction shall, at minimum, include the following in its notification:

1. A description, with specificity, of the continuing violations.

2. A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.

Upon approval by CalRecycle of a jurisdiction’s notification and implementation of the intent to comply, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to PRC section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.

CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving its notification with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. CalRecycle will include details about why a jurisdiction did not meet the requirements for a Notification of Intent to Comply when disapproving the jurisdiction’s notification.
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Please clearly print or type responses. Attach additional pages as necessary.

Jurisdiction Name: City of Modesto County: Stanislaus County Person Completing the Form:

First Name: Myriah Last Name: Hill
Title: Solid Waste Administrative Services Technician
Mailing Address: PO Box 642
City: Modesto Zip Code: 95353
Email Address: [email protected]
Phone Number: 209-577-5458

1. Select using the check boxes below or write in the continuing violations for each applicable regulatory section. For each selection, please describe the specific violations related to the regulatory section.

Example:
☒ (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services i. Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents ii. Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Disclaimer: The list of possible continuing violations below is not inclusive of all potential violations of the regulations.
(A) 14 CCR section 18984 Combined Organic Waste Collection Services. This requirement is not included since the requirements are further specified in sections 18984.1-18984.11. (B) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services (C) 14 CCR section 18984.2 Two-Container Organic Waste Collection Services (D) 14 CCR section 18984.3 Unsegregated Single Container Collection Services (E) 14 CCR section 18984.4 Recordkeeping Requirements for Compliance with Organic Waste Collection Services
(F) 14 CCR section 18984.5 Container Contamination Minimization (G) 14 CCR section 18984.6 Recordkeeping Requirements for Container Contamination Minimization
(H) 14 CCR section 18984.7 Container Color Requirements (I) 14 CCR section 18984.8 Container Labeling Requirements (J) 14 CCR section 18984.11 Waivers Granted by a Jurisdiction (K) 14 CCR section 18985.1. Organic Waste Recovery Education and Outreach. (L) 14 CCR section 18985.2. Edible Food Recovery Education and Outreach (M) 14 CCR section 18985.3. Recordkeeping Requirements for a Jurisdiction’s Compliance with Education and Outreach Requirements
(N) 14 CCR section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers (O) 14 CCR section 18988.3. Self-haulers of Organic Waste (P) 14 CCR section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program
(Q) 14 CCR section 18989.1. CALGreen Building Codes
(R) 14 CCR section 18989.2 Model Water Efficient Landscape Ordinance #24..
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(S) 14 CCR section 18991.1. Jurisdiction Edible Food Recovery Program (T) 14 CCR section 18991.2. Recordkeeping Requirements for Jurisdiction Edible Food Recovery Program
(U) 14 CCR section 18992.1. Organic Waste Recycling Capacity Planning (V) 14 CCR section 18992.2. Edible Food Recovery Capacity (W) 14 CCR section 18993.1. Recovered Organic Waste Product Procurement Target (X) 14 CCR section 18993.2. Recordkeeping Requirements for Recovered Organic Waste Procurement Target
(Y) 14 CCR section 18993.3. Recycled Content Paper Procurement Requirements (Z) 14 CCR section 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement
(AA) 14 CCR section 18994.2. Jurisdiction Annual Reporting Note: This requirement is not included since jurisdictions are still expected to report to CalRecycle.
(BB) 14 CCR section 18995.1. Jurisdiction Inspection Requirements Note: Section 18995.1(a)(1) should not be included because a jurisdiction should already be completing this action due to the requirements of PRC Chapter 12.9 (commencing with Section 42649.8)
(CC) 14 CCR section 18995.2. Implementation Record and Recordkeeping Requirements (DD) 14 CCR section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations Note: This requirement is not included since jurisdictions are still expected to investigate complaints.
(EE) 14 CCR section 18995.4. Enforcement by a Jurisdiction Use the check box(es) below to write in the continuing violations for any regulatory section(s) not reflected above and describe the specific violations related to the regulatory section.

Example:
☒ (1) (Type regulatory section number) (Type regulatory section title) i. Describe the specific violations related to the regulatory section (1)
(2)
(3)
(4)
(5)

2. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

3. A description of the impacts of the COVID-19 pandemic on compliance.

4. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner. See optional format below. #24..
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Description of the proposed actions with proposed schedules the jurisdiction will take to remedy the violations. The proposed actions shall be tailored to remedy the violations in a timely manner.

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:

TASK 2: Date to be completed:

TASK 3: Date to be completed:

Regulatory Requirement and Description
Action Proposed Schedule
TASK 1: Date to be completed:

TASK 2: Date to be completed:

EXAMPLE
Regulatory Requirement: (B.i.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory residential foodwaste collection for all residents. Note:

City already provides mandatory greenwaste collection to all residents Action Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/7/2022
TASK 2: The city will work with its hauler to find a facility to accept mixed organic waste.

Date to be completed:
4/14/2022
Regulatory Requirement: (B.ii.) 14 CCR section 18984.1 Three-Container Organic Waste Collection Services
Description: Not implementing mandatory commercial organics collection for all businesses under 2 cubic yards. Note: City already provides mandatory commercial organics collection to all businesses 2 cubic yard or more.

Action: Proposed Schedule
TASK 1: Purchase two additional collection trucks and modify collection routes
Date to be completed:
4/21/2022
TASK 2: The city will work with its hauler to acquire and distribute appropriate containers to all commercial accounts. The city will obtain monthly reports from the hauler to monitor full distribution of carts.

Date to be completed:
4/28/2022
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The City of Modesto operates a two-container waste collection system, with one green container for organic waste and one black container for household trash. The waste from the organic container, which includes yard, paper, and food waste, is collected by the City’s contracted haulers, minimally sorted at their respective transfer stations, and processed at the City’s Compost Facility; garbage from the black can is similarly collected and delivered to a transfer station, then processed at Covanta’s waste to energy plant or landfilled.

As of March 1, 2022, the City has reached the following compliance milestones concerning SB 1383:
• The City of Modesto adopted amendments and additions to the municipal code on November 23, 2021 that complied with SB 1383.
• The City has identified Tier 1 and Tier 2 businesses, as well as the food recovery locations that operate within Modesto. The City is working with a design consultant to create an initial education and outreach campaign for applicable businesses. • The City collects organic waste, including yard, paper, and food waste, from residential and commercial customers. That waste is processed at the Compost Facility and used by or sold back to the City or community members and organizations. This organic recycling program has been in place since 2008.
• The City of Modesto’s Procurement and Environmental Preferable Purchasing Policy requires that all paper purchases be at least 30% post-consumer recycled content. All other things being equal, City policy defers to purchasing recycled material over products made of new materials.
• The City of Modesto’s contracted haulers, Gilton Solid Waste and Bertolotti Disposal, are responsible for checking cans for contamination and tagging any with unacceptable materials while servicing their routes. Residential or commercial accounts who are tagged have their service suspended until they remove the material and the container is inspected by City code enforcement staff. The City conducts organic container inspections regularly, inspecting roughly 4,000 containers per year. Containers that are found contaminated receive a $100 citation and educational material related to organic recycling.
• The City is compliant with AB 341 and AB 1826 using business information from December 2021; the City updates eligible businesses annually. Concerning mandatory commercial recycling under AB 341, 100% of eligible businesses have a compliant recycling program. Concerning commercial organic recycling under AB 1826, 97.7% of eligible businesses have a compliant organic recycling program. Noncompliant business were issued notice of violations or resent forms.

On June 22, 2021 through Modesto City Council Resolution 2021-227, the City went into agreement with R3 Consulting Group Inc. to provide the following services related to SB 1383:
• Identify areas that the City’s current programs and operations do not meet compliance • Provide options for implementation of compliance, including collection methods, procurement targets, and residential and commercial service #24..
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• Create outline of the resources needed to reach full compliance, both financial and staffing
• Provide an overview of the necessary monitoring and reporting systems R3 provided initial drafts to the City in December 2021 and the City anticipates taking recommendations to City Council April 5, 2022. At this time, early estimates of solid waste program changes include the possibility of an additional container for collection, extensive sorting and recovery by the City’s haulers, and numerous improvements to the City’s Compost Facility in order to meet requirements. Given the timeline of the consultant report, the decisions City Council must make regarding how this jurisdiction elects to proceed under the legislation, and the time needed to implement any changes, the City is not fully in compliance with SB 1383 as of January 2022. The following are areas that the City has identified as a potential violation:
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C. 14 CCR Section 18984.2 Two-Container Organic Waste Collection Services (a) A jurisdiction may comply with the requirements of this article by implementing a two-container organic waste collection service providing a green container and a blue container to each generator
Note: The City is compliant in the collection of residential waste, but does not require organic collection with all commercial accounts, including multifamily.

1. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

The City of Modesto has offered organics collection, including yard, paper, and food waste, to residential and commercial accounts since 2008. While residential accounts automatically include organics collection, commercial accounts must choose to add an organic container to their service. For businesses that meet the minimum threshold for AB 1826, they’ve been required to either begin organics collection service, have a landscaper dispose of organic waste if that is all they produce, or are granted a waiver if they do not produce a reasonable amount.

All businesses that produce food or have dining on-site are required to have an organic disposal bin and the City monitors this through AB 1826.

The City is working with a solid waste planning and compliance consultant to explore collection method options in compliance with SB 1383 and expects approval and adoption in July 2022 following a decision by City Council between two collection methods: 1) twocontainer service with increased post-collection sorting or 2) adding a third container for recyclables. Following these changes, the City will require all commercial accounts that do not currently have an organic program to begin organic recycling service, focusing especially on multifamily accounts. The City has elected to delay this implementation for commercial accounts in order to implement both organic and other recycling at the same time, if that collection method is selected.

At this time, the City’s contracted haulers only offer organic recycling service to commercial accounts in four-yard or larger bins. The City recognizes that this is not a practical size for businesses that only receive four-yards or less of total waste collection weekly and is negotiating an alternative with our haulers.

2. A description of the impacts of the Covid-19 pandemic on compliance.

The Covid-19 pandemic presents challenges to the launch of a commercial organic recycling program. Primarily, the City recognizes that to best meet the intent of SB 1383, staff needs to meet with commercial account holders, review their waste needs, and observe their current waste storage areas. With this information, City staff can help commercial accounts find the best way to meet compliance. This type of personal contact has been discouraged during the pandemic out of caution for our staff. Additionally, the frequent turnover of employees and repeated opening and closing of restaurants has led to general confusion among those restaurants that already have an organic recycling program, meaning that staff time has been disproportionally spent with our existing programs to address contamination. #24..
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The City also would require our contracted haulers to acquire more commercial bins and residential containers to accommodate the additional service needs of commercial accounts who begin organic recycling. Given supply-chain issues during the last two years, shortages of all collection containers were observed by the haulers and the City delayed requiring them to increase their need during this time.

3. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner.

The City expects approval and adoption of SB 1383 compliance collection methods in July 2022 following recommendations from our consultant and decision by City Council. Once citywide collection methods are determined, the City will contact all commercial accounts that do not currently have organic recycling service and notify them of the requirement to do so.

The City has roughly 2,900 commercial accounts and anticipates that a third of them will have questions, concerns, or objections to adding another collection bin. This means that staff will need to accommodate roughly 967 accounts that require additional information or inspections.

Additional funding acquired in a SB 1383 fee added to the garbage rate in July 2022 is meant to meet this staffing need.
• If the City keeps its current collection method of two containers and increases postcollection sorting:
o The City will require all commercial accounts without a reasonable cause for waiver to start organic recycling service and will work with accounts to provide education and outreach. The City anticipates that post-collection sorting will assist with accounts that require a waiver by recovering organic waste for processing.
• If the City adopts a three-container system with an additional container for recyclables:
o Additional containers and trucks would need to be purchased to adopt a threecontainer system. Current wait times for both of these products are about 18 months, according to inquiries by haulers to their respective vendors. o Once containers are available, the City would conduct a four-month education and outreach program. The City anticipates this program would be operational by the end of 2023. The City anticipates that post-collection sorting will assist with accounts that require a waiver by recovering organic waste for processing.

Regulatory Requirement and Description: Keep 2-container system Action Proposed Schedule
Task 1: Recommendations to City Council concerning
program changes to reach compliance with SB 1383
April 2022
Task 2: Decision and rate changes for collection
methods take effect
July 2022
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Task 3: Outreach for commercial account
requirements and implementation of required organic
recycling program
July 2023
Regulatory Requirement and Description: Add a recycling container for 3 total Action Proposed Schedule
Task 1: Recommendations to City Council concerning
program changes to reach compliance with SB 1383
April 2022
Task 2: Decision and rate changes for collection
methods take effect
July 2022
Task 3: Order necessary containers, trucks, labels, and other supplies
December 2022
Task 4: Outreach for commercial account
requirements and implementation of required organic
recycling program
December 2023
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I. 14 CCR Section 18984.8 Container Labeling Requirements (1) Placing labels on containers that include language or graphic images or both that indicate the primary materials accepted and the primary materials prohibited in that container
Note: The City has an appropriate label for the organic container, but not for the non-organic waste container at this time.

1. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

The City has a two-container collection system, one for organic waste and one for household trash. The organic waste container accepts yard trimmings, paper waste, and food waste.

Attachment A is the two stickers found on organic containers in the City: the first was applied beginning in 2008, and the second was redesigned and applied on new containers beginning in 2019. The City paused application of the sticker in March 2020 due to Covid-19 concerns and resumed in February 2022; haulers have continued to apply the sticker to all new or replaced containers in service during this time.

The City’s black container is not currently labeled or stickered with acceptable or unacceptable waste. The City anticipates receiving recommendations in April 2022 on collection methods from a consultant reviewing SB 1383 compliance. Because those recommendations could affect the material accepted in the trash container, the City is waiting to design and apply stickers to black containers. Following collection method adoption, anticipated in July 2022, the City can begin designing new labels that adhere with SB 1383.

2. A description of the impacts of the Covid-19 pandemic on compliance.

The City delayed applying organic container stickers during Covid-19 out of caution for the safety of our staff. Whenever possible, City policy has limited exposure to waste or waste containers and to public interaction as a pandemic precaution. Sticker application resumed in February 2022 with increased personal protective equipment.

3. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner.

The City expects approval and adoption of SB 1383 compliance collection methods in July 2022 following recommendations from our consultant and decision by City Council. Two collection methods are being considered: 1) keeping current methods and increasing postcollection sorting or 2) adding a third container for recyclables. Once collection methods are determined, labels that comply with SB 1383 requirements will be developed.

Given that Modesto has 57,000 residential customers and 2,900 commercial accounts, we anticipate the following timeline related to container labeling:
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• If the City keeps its current collection method of two containers and increases postcollection sorting:
o Labels for the current collection method could be created and printed by the end of 2022, and applied throughout 2023. The City anticipates the majority of containers would be appropriately labeled by the end of 2023. • If the City adopts a three-container system with an additional container for recyclables:
o Additional containers and trucks would need to be purchased to adopt a threecontainer system. Current wait times for both of these products are about 18 months, according to inquiries by haulers to their respective vendors. o Once containers are available, the City would conduct a four-month education and outreach program, develop stickers, and could apply them while delivering the new containers. The City anticipates the majority of containers would be delivered and appropriately labeled by July 2024.

Regulatory Requirement and Description: Keep 2-container system Action Proposed Schedule
Task 1: Recommendations to City Council concerning
program changes to reach compliance with SB 1383
April 2022
Task 2: Decision and rate changes for collection
methods take effect
July 2022
Task 3: Labels created and printed December 2022
Task 4: Work with haulers to apply labels December 2023 Regulatory Requirement and Description: Add a recycling container for 3 total Action Proposed Schedule
Task 1: Recommendations to City Council concerning
program changes to reach compliance with SB 1383
April 2022
Task 2: Decision and rate changes for collection
methods take effect
July 2022
Task 3: Order necessary containers, trucks, labels, and other supplies
December 2023
Task 4: Work with haulers to distribute supplies
related to new collection method
July 2024
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W. 14 CCR Section 18993.1 Recovered Organic Waste Product Procurement Target (a) Except as otherwise provided, commencing January 1, 2022, a jurisdiction shall annually procure a quantity of recovered organic waste products that meets or exceeds its current annual recovered organic waste product procurement target as determined by this article.

AND
X. 14 CCR Section 18993.2 Recordkeeping Requirements for Recovered Organic Waste Product Procurement Target
(a) A jurisdiction shall include all documents supporting its compliance with this article in the implementation record required by section 18995.2 of this chapter Note: The City will report on any donations it makes from the Compost Facility in an effort to meet the assigned procurement target, but does not anticipate meeting the target at this time.

1. A detailed explanation of the reasons why the jurisdiction is unable to comply, supported by documentation, if applicable.

CalRecycle provided the City of Modesto a procurement target of 17,216 tons in 2022. The City could achieve this target by donating the compost produced at its Compost Facility, which accepts waste from organic container collection, street side collection, and through City maintenance of parks or City trees. At this time, compost has well over 1% contamination due to poor sorting by residential and commercial customers and little removal of contaminants by haulers or the Compost Facility. This results in compost that has visible plastic and glass contamination and is not desirable for City projects or consumers in landscaping or farming.

At this time, the City is unable to donate or give away the required tons to meet compliance.

2. A description of the impacts of the Covid-19 pandemic on compliance.

The City’s Compost Facility equipment averages 12 years of use. While breakdowns requiring repairs and new parts are common on equipment of this age, Covid-19 caused supply chain issues that severely exacerbated the time it took to conduct these repairs. Parts took three to four times as long to acquire and staff sick time in the City’s Fleet Department caused repairs to take at least eight weeks for each instance. Down equipment and staff shortages led to reduced processing at the Compost Facility for the majority of the last two years.

3. Provide a description of the proposed actions the jurisdiction will take to remedy the violations with a proposed schedule for completing each action. The proposed actions shall be tailored to remedy the violations in a timely manner.

The City’s Compost Facility is exploring improvements to facility infrastructure and processing that could drastically remove contaminants. Further, the City is working with haulers to include sorting and cleaning of organic waste after collection to limit the amount of plastics and glass that are accepted at the facility with organics. These two efforts, in conjunction with increased education and enforcement prior to collection, will cost the City #24..
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nearly $12 million in total investments. These changes would need to be adopted over the next five years to spread the cost out to rate-payers and allow the facility to accept and process clean material for donation.

At this time, the City anticipates processing some clean material that will be available for donation in 2024 and will not meet procurement targets until reporting in 2027.

Regulatory Requirement and Description
Action Proposed Schedule
Task 1: Public Works Director presents improvement
plan to City Council for consideration
June 2022
Task 2: With City Council approval, begin
procurement of necessary equipment to clean and
process organic waste
July 2022
Task 3: Given six months processing for clean
material to yield clean compost, donations can begin
in 2024
December 2024
Task 4: Equipment, infrastructure, and processing
improvements completed, allowing the facility to meet
procurement targets through donation
December 2027
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 8, 2022
Date: January 13, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Sole Source Purchase Agreement with Xylem Water Solutions CONTACT: Monte Hamilton, Plant Maintenance Superintendent, [email protected], (209) 342-4505
DESCRIPTION:

Consider approving the Sole Source Purchase Agreement with Xylem Water Solutions, Charlotte, NC, for the procurement of Ultraviolet (UV) lamps and parts for an estimated annual amount of $50,000 and a total amount not to exceed $250,000 over five years, and authorizing the Purchasing Manager, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total. (Funding Source:

Wastewater Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The City uses a tertiary treatment process for its wastewater, which utilizes several different types of equipment requiring specific parts that are only available from a single vendor. On November 23, 2021, staff brought to City Council an agreement with Trojan UV for the purchase of UV lamps for the Phase 2 Tertiary Plant. The Phase 1 of Tertiary Treatment process also uses similar UV lamps as part of the disinfection of wastewater, but under a separate vendor.

These lamps have a lifetime of 12,000 hours each; there are currently 120 lamps that are ordered through Xylem Water Solutions USA Inc., Charlotte, NC, (Xylem).

The UV lamps at Phase 1 are a specialized system component that must be purchased and contracted from a Wedeco supplier in order to meet equipment specifications and maintain equipment performance. Xylem is the sole distributor for Wedeco parts. #25..
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City Council, February 8, 2022
Sole Source Purchase Agreement with Xylem Water Solutions

On March 7, 2017, by Resolution 2017-94, Council authorized a two-year agreement with three one-year extension options for the sole source procurement of UV lamps with Xylem for an average estimated annual cost of $39,392 and over five years of $198,556.

The annual agreement number 122593 with Xylem is set to expire on March 6, 2022.

DISCUSSION:

For the reasons stated above, staff is seeking to establish a new two-year agreement with three one-year extension options for the sole source procurement of UV lamps and parts for the Phase 1 Tertiary Treatment Plant.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, in excess of fifty thousand dollars ($50,000) to follow formal bid procedures. However, MMC Section 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process.

Additionally, the purchase of UV lamps and parts from Xylem should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) because Xylem is the sole distributor for Wedeco parts. Therefore, this purchase qualifies for exemption from the formal bidding procedures.

FISCAL IMPACT:

Expenditures over the past five years under the previous agreement are listed below:

Year Total
Year 1 $34,561
Year 2 $1,896
Year 3 $72,283
Year 4 $41,926
Year 5 $8,391
Grand TOTAL $159,057
Funds to cover the costs associated with this agreement will be budgeted annually in the Wastewater Fund in account 4210-44316-53150.

COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on January 12, 2022 and recommended to forward to Council.

RECOMMENDED COUNCIL ACTION
Staff Recommendations:

Resolution approving the sole source purchase agreement with Xylem Water Solutions, Charlotte, NC, for the procurement of Ultraviolet (UV) lamps and parts for an estimated annual amount of $50,000 and a total amount not to exceed $250,000 over five years, and authorizing the Purchasing Manager, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and authorizing the Director of Finance, or her designee, to execute the agreement. #25..
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City Council, February 8, 2022
Sole Source Purchase Agreement with Xylem Water Solutions

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Bid Waiver

3. Annual Agreement

4. Financial Interest Disclosure
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1 2021-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING THE SOLE SOURCE PURCHASE AGREEMENT

WITH XYLEM WATER SOLUTIONS, CHARLOTTE, NC, FOR THE

PROCUREMENT OF ULTRAVIOLET (UV) LAMPS AND PARTS FOR AN
ESTIMATED ANNUAL AMOUNT OF $50,000 AND A TOTAL AMOUNT NOT TO EXCEED $250,000 OVER FIVE YEARS, AND AUTHORIZING THE

PURCHASING MANAGER, OR HER DESIGNEE, THE ABILITY TO ADD PARTS BASED ON THE DEPARTMENT’S NEEDS, ENSURING THE TOTAL

AMOUNT DOES NOT EXCEED THE AUTHORIZED TOTAL, AND

AUTHORIZING THE DIRECTOR OF FINANCE, OR HER DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, the City uses a tertiary treatment process for its wastewater, which utilizes several different types of equipment requiring specific parts that are only available from a single vendor, and
WHEREAS, on November 23, 2021, staff brought to City Council an agreement with Trojan UV for the purchase of UV lamps for the Phase 2 Tertiary Plant, and WHEREAS, the Phase 1 of Tertiary Treatment process also uses similar UV lamps as part of the disinfection of wastewater, but under a separate vendor, and WHEREAS, these lamps have a lifetime of 12,000 hours each; there are currently 120 lamps that are ordered through Xylem Water Solutions USA Inc., Charlotte, NC, (Xylem), and
WHEREAS, the UV lamps at Phase 1 are a specialized system component that must be purchased and contracted from a Wedeco supplier in order to meet equipment specifications and maintain equipment performance, and
WHEREAS on March 7, 2017, by Resolution 2017-94, Council authorized a twoyear agreement with three one-year extension options for the sole source procurement of #25..
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2 2021-
UV lamps with Xylem for an average estimated annual cost of $39,392 and over five years of $198,556, and
WHEREAS, the Modesto Municipal Code Section 8-3.203 generally requires all purchases, in excess of fifty thousand dollars ($50,000) to follow formal bid procedures.

However, MMC Section 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Additionally, the purchase of UV lamps and parts from Xylem should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) because Xylem is the sole distributor for Wedeco parts. Therefore, this purchase qualifies for exemption from the formal bidding procedures.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the sole source purchase agreement with Xylem Water Solutions, Charlotte, NC, for the procurement of Ultraviolet (UV) lamps and parts for an estimated annual amount of $50,000 and a total amount not to exceed $250,000 over five years.

BE IT FURTHER RESOLVED that the Purchasing Manager, or her designee, is authorized to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total.

BE IT FURTHER RESOLVED that the Director of Finance, or her designee, is authorized to execute the agreement.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of February 2022, by Councilmember?, who #25..
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3 2021-
moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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1 CITY OF MODESTO

PURCHASING DIVISION
1010 TENTH ST., SUITE 5300
MODESTO, CA 95354
TEL: (209) 577-5405 FAX: (209) 544-8821
PURCHASE AGREEMENT NO. 213590
VENDOR:

XYLEM WATER SOLUTIONS,
WEDECO
14125 S. BRIDGE CIRCLE
CHARLOTTE, NC 28273
SHIP TO:

JENNINGS PLANT MAINTENANCE
7007 JENNINGS ROAD
MODESTO, CA 95358
INVOICE TO:

CITY OF MODESTO

ACCOUNTS PAYABLE
P.O. BOX 642
MODESTO, CA 95353

ANNUAL AGREEMENT FOR THE PURCHASE AND DELIVERY OF WEDECO ULTRAVIOLET (UV) LAMPS AND PARTS ON AN “AS NEEDED” BASIS FOR THE UTILITIES DEPARTMENT, WASTEWATER DIVISION.

ESTIMATED ANNUAL AMOUNT $50,000 PER YEAR AND A TOTAL NOT TO EXCEED OVER FIVE (5) YEARS $250,000, PER COUNCIL RESOLUTION 2022-____________

1. TERM OF THE AGREEMENT: THE TERM OF THE AGREEMENT SHALL BE FOR A PERIOD OF TWO (2) YEAR WITH THREE (3) ONE-YEAR EXTENSION OPTIONS AT THE SOLE DISCRETION OF CITY, FOR A TOTAL OF UP TO FIVE (5) YEARS.

YEAR ONE: MARCH 7, 2022 THROUGH MARCH 6, 2023
YEAR TWO: MARCH 7, 2023 THROUGH MARCH 6, 2024
YEAR THREE:

YEAR FOUR:

YEAR FIVE:

MARCH 7, 2024 THROUGH MARCH 6, 2025
MARCH 7, 2025 THROUGH MARCH 6, 2026
MARCH 7, 2026 THROUGH MARCH 6, 2027

2. PRICING SHALL REMAIN FIRM FOR THE FIRST TWO (2) YEARS OF THE AGREEMENT.

PRICE INCREASES FOR SUBSEQUENT YEARS THREE (3), FOUR (4) AND FIVE (5) SHALL NOT EXCEED THE CONSUMER PRICE INDEX (CPI) FOR WEST URBAN AREA IN ANY ONE (1) AGREEMENT YEAR, UNLESS

ACCEPTABLE SUPPORTING DOCUMENTATION IS PROVIDED TO SUBSTANTIATE INCREASE BY THE MANUFACTURE AND APPROVED BY THE PURCHASING DEPARTMENT.
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2 REQUESTS FOR PRICE INCREASES SHALL BE SUBMITTED BY CONTRACTOR IN WRITING, SIXTY (60) DAYS

PRIOR TO THE ANNUAL ANNIVERSARY DATE OF THE AGREEMENT TO BE EFFECTIVE FOR THE SUBSEQUENT YEAR.

REFER TO ATTACHMENT “A” FOR CONTRACTUAL PRICING

3. USAGE: NO MINIMUM OR MAXIMUM QUANTITIES ARE GUARANTEED OR IMPLIED.

4. DELIVERY: DELIVERIES SHALL BE MADE WITHIN TEN-FIFTEEN (10-15) WORKING DAYS AFTER AN ORDER IS PLACED. IF THE DELIVERY CANNOT BE MADE WITHIN THIS TIME FRAME, VENDOR SHALL IMMEDIATELY NOTIFY THE CITY BY PHONE WITH THE ANTICIPATED DELIVERY DATE.

CONTACT REPRESENTATIVE: MONTE HAMILTON, PH: (209) 652-9676

5. PAYMENT: ALL INVOICES SHALL BE PAID IN FULL WITHIN THIRTY (30) DAYS AFTER COMPLETION AND ACCEPTANCE OF THE ORDER BY THE CITY, AND RECEIPT OF A PROPERLY PREPARED INVOICE.

6. INVOICING: INVOICE SHALL REFERENCE AGREEMENT NO. 213590. THE INVOICE SHALL INCLUDE THE FIRST AND LAST NAME OF THE PERSON REQUESTING THE ORDER. ALL INVOICES SHALL BE EMAILED DIRECTLY TO ACCOUNTS PAYABLE AT [email protected]. ALL INVOICES SHALL REFERENCE STOCK NUMBER LISTED ON PRICING SCHEDULE.

7. CONTRACTUAL CHANGES: CHANGES OF A CONTRACTUAL OR BUSINESS NATURE SHALL BE EFFECTED

ONLY BY WRITTEN CHANGE TO THIS AGREEMENT THROUGH THE CITY OF MODESTO, PURCHASING DIVISION.

PURCHASING: CAROL WATTLE, BUYER, PH: (209) 577-5406

8. TERMINATION OF SERVICES: THE CITY RESERVES THE RIGHT TO DISCONTINUE SERVICES WITH THE

PROVIDER UPON FAILURE TO MEET CONTRACTUAL EXPECTATIONS AND/OR OBLIGATIONS, AS RECOMMENDED BY THE SITE SUPERVISOR OR HIS/HER AGENT.

CANCELLATION OF SERVICES SHALL BE DETERMINED BY THE COLLABORATIVE EFFORTS OF THE

PURCHASING MANAGER, OR DESIGNEE, AND USING DEPARTMENT AFTER REVIEWING THE INCIDENT(S) OF FAILURE TO PERFORM.

9. INSPECTION: ALL MATERIALS AND WORKMANSHIP ARE SUBJECT TO INSPECTION AND TEST BY THE CITY

FOR COMPLIANCE WITH SPECIFICATIONS AS INCLUDED HEREIN, WITHIN A REASONABLE TIME AFTER DELIVERY. IN THE EVENT ARTICLES OR SERVICES ARE DEFECTIVE OR NOT IN CONFORMITY WITH THIS ORDER, THE CITY SHALL HAVE THE RIGHTS TO EITHER REJECT THE ITEMS OR REQUIRE CORRECTION.

DEFECTIVE ARTICLES OR SERVICES SHALL BE REMOVED FROM CITY PREMISES AND/OR CORRECTED BY AND AT THE EXPENSE OF THE VENDOR. FAILURE TO INSPECT AND ACCEPT OR REJECT SHALL NOT RELIEVE THE VENDOR FROM RESPONSIBILITY FOR COMPLIANCE WITH SPECIFICATIONS. FINAL

ACCEPTANCE SHALL BE CONCLUSIVE EXCEPT AS REGARDS TO LATENT DEFECTS, FRAUD, OR SUCH GROSS MISTAKES AS AMOUNT TO FRAUD.

10. RESPONSIBILITY: UNLESS OTHERWISE SPECIFIED, THE VENDOR SHALL BE RESPONSIBLE FOR ALL ITEMS

COVERED BY THIS PURCHASING AGREEMENT UNTIL DELIVERED AT THE DESIGNATED DELIVERY POINT

AND THE VENDOR SHALL BEAR ALL RISKS AS TO ITEMS REJECTED OR REQUIRING CORRECTION AFTER NOTICE OF SUCH REJECTION OR CORRECTION IS GIVEN.

11. SHIPMENT: ALL ITEMS F.O.B. DESTINATION UNLESS OTHERWISE SPECIFIED. WHEN AUTHORIZED, FREIGHT TO BE PREPAID. DO NOT SHIP COLLECT. ORIGINAL RECEIPTED FREIGHT BILL MUST ACCOMPANY THE INVOICE. SHIPMENT MUST BE MADE WITHIN THE TIME STATED ON PURCHASING AGREEMENT, FAILING

WHICH CITY RESERVES THE RIGHT TO PURCHASE ELSEWHERE AND CHARGE VENDOR WITH ANY LOSS

INCURRED, UNLESS DELAY IN MAKING SHIPMENT IS DUE TO UNFORESEEABLE CAUSES BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE OF THE VENDOR.

12. CHANGES: THIS PURCHASING AGREEMENT MAY AT ANY TIME, BY WRITTEN ORDER, BE CHANGED IN

REGARD TO THE MATERIALS OR SERVICE TO BE FURNISHED, QUANTITIES ORDERED, UNIT PRICE, #25..
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3 DISCOUNT, DELIVERY POINT OR ARRANGEMENTS, TERMS OR ANY OTHER MATTERS AFFECTING A VALID ORDER. IN THE EVENT SUCH CHANGE CAUSES AN INCREASE OR DECREASE IN THE COST OF

PERFORMANCE HEREUNDER, AN EQUITABLE ADJUSTMENT WILL BE MADE FOR THE COST THEREOF, SUBJECT TO THE APPROVAL OF THE PURCHASING MANAGER, AND WRITTEN NOTICE GIVEN THEREFORE.

13. WARRANTY: NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ORDER, VENDOR WARRANTS THAT

THE MATERIALS, SUPPLIES OR OTHER SERVICES FURNISHED SHALL BE OF THE MOST SUITABLE GRADE AND EXACTLY AS SPECIFIED IN THIS ORDER. SUCH WARRANTY SHALL INCLUDE THE FOLLOWING:

PERFORMANCE, WORKMANSHIP, LABOR, MATERIALS, SELLER’S DESIGN OR ENGINEERING CONTRIBUTIONS. IF A DEFECT IS DISCOVERED IN ANY ITEM OF MATERIALS, SUPPLIES OR SERVICES

COVERED IN THIS AGREEMENT, VENDOR SHALL CORRECT AT ITS EXPENSE, INCLUDING

TRANSPORTATION/FREIGHT, SUCH DEFECTS AS ARE REPORTED WITHIN ONE YEAR OF FINAL ACCEPTANCE. UPON EXPIRATION OF THE APPLICABLE WARRANTY PERIOD ALL SUCH LIABILITY SHALL

TERMINATE EXCEPT FOR FRAUD OR SUCH GROSS MISTAKES AS AMOUNT TO FRAUD, LATENT DEFECTS OR SPECIFIC FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER.

14. DISCOUNT: IN CONNECTION WITH ANY DISCOUNT OFFERED, TIME WILL BE COMPUTED FROM DATE OF

DELIVERY TO CARRIER WHEN DELIVERY AND ACCEPTANCE ARE AT POINT OF ORIGIN, OR FROM DATE OF

DELIVERY AND ACCEPTANCE IF AT DESTINATION OR FROM DATE CORRECT INVOICE IS RECEIVED BY CITY, IF INVOICE DATE IS LATER THAN DATE OF DELIVERY.

15. INSURANCE: ALL ORDERS WHERE WORK, MAINTENANCE, OR SERVICE IS PERFORMED ON CITY PROPERTY REQUIRE APPROPRIATE INSURANCE AND INDEMNIFICATION. SERVICES WILL BE SUSPENDED WITHOUT PROPER INSURANCE CERTIFICATES BEING ON FILE WITH THE CITY. CONTACT CITY PURCHASING OFFICE TO VERIFY THE TYPE OF INSURANCE REQUIRED.

16. EXEMPTIONS: THE CITY IS EXEMPT FROM PAYMENT OF FEDERAL EXCISE TAX. ALL INVOICES SHALL BE EXCLUSIVE OF SUCH EXCISE TAX. IF PURCHASE IS NOT SUBJECT TO SALES TAX, THE STATEMENT FOR RESALE WILL APPEAR IN THE BODY OF THE PURCHASING AGREEMENT.

17. INFRINGEMENT: VENDOR AGREES TO PROTECT, INDEMNIFY AND SAVE HARMLESS THE CITY AS BUYER,

ITS AGENTS, OFFICERS, EMPLOYEES, AND VOLUNTEERS FROM ANY CLAIM, LOSS OR DAMAGE FROM

INFRINGEMENT OF TRADEMARKS, PATENTS, COPYRIGHTS AND UNFAIR COMPETITION ACTION WITH RESPECT TO THIS AGREEMENT.

18. INDEMNITY: THE VENDOR SHALL HOLD THE CITY, ITS AGENTS, OFFICERS, EMPLOYEES, AND

VOLUNTEERS, HARMLESS FROM AND SAVE, DEFEND AND INDEMNIFY THEM AGAINST ANY AND ALL

CLAIMS, LOSSES, LIABILITIES, JUDGMENTS OR DAMAGES FROM EVERY CAUSE, INCLUDING BUT NOT

LIMITED TO INJURY TO PERSON OR PROPERTY OR WRONGFUL DEATH, INCLUDING REASONABLE COSTS

AND EXPENSES OF DEFENSE OF ANY JUDICIAL OR ADMINISTRATIVE ACTION, ARISING DIRECTLY OR

INDIRECTLY OUT OF ANY NEGLIGENT OR INTENTIONAL ACT OR OMISSION OF VENDOR, OR ITS AGENTS,

OFFICERS, EMPLOYEES, OR VOLUNTEERS RELATING TO OR DURING THE PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT. VENDOR’S OBLIGATION TO DEFEND, INDEMNIFY, AND HOLD THE

CITY, ITS AGENTS, OFFICERS, AND EMPLOYEES HARMLESS UNDER THE PROVISIONS OF THIS PARAGRAPH

IS NOT LIMITED TO OR RESTRICTED BY ANY REQUIREMENT IN THIS AGREEMENT FOR VENDOR TO PROCURE AND MAINTAIN A POLICY OF INSURANCE. IN THE INDEMNITY CLAUSE CONTAINED HEREIN

VENDOR AGREES TO DEFEND, INDEMNIFY AND HOLD CITY HARMLESS FROM THE NEGLIGENCE OF ITS EMPLOYEES, AMONG OTHER RISKS. WITH REFERENCE TO THE FOREGOING, THE PARTIES AGREE THAT

ALL RISK OF LOSS, INCLUDING BUT NOT LIMITED TO DAMAGES, PROPERTY LOSSES AND DEFENSE OF

THIRD-PARTY SUITS, ARISING OUT OF OR RELATING TO THE OPERATION OF CITY OWNED VEHICLES BY VENDOR’S EMPLOYEES IS APPORTIONED TO VENDOR IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN INDEMNITY.

19. GOVERNING LAW: THIS PURCHASING AGREEMENT SHALL BE DEEMED MADE IN, GOVERNED BY,

PERFORMED IN, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., WITHOUT GIVING EFFECT TO ITS CONFLICTS OF LAWS, PROVISIONS OR PRINCIPLES.

20. LIABILITY: THE CITY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE THAT MAY ACCRUE BY REASON OF THE DEATH OR INJURY OF THE PERSON OF THE VENDOR’S OFFICERS, AGENTS, EMPLOYEES, INVITEES, OR #25..
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4 LICENSEES, OR BE SET UP AT ANY TIME BECAUSE OF PERSONAL INJURY OR DAMAGE TO PROPERTY

SUSTAINED BY ANY OTHER PERSON OR PERSONS, WHICH MAY HAVE BEEN CAUSED OR CONTRIBUTED TO,

APPROXIMATELY OR REMOTELY, BY REASON OF OR IN THE COURSE OF PERFORMANCE OF THE PURCHASING AGREEMENT. THE VENDOR SHALL ASSUME FULL RESPONSIBILITY FOR THE DEFENSE OF

ANY CLAIMS ARISING UNDER THE PURCHASING AGREEMENT AND THE VENDOR SHALL SAVE, KEEP, AND

BEAR HARMLESS THE CITY, ALL OFFICERS AND EMPLOYEES THEREOF, FROM ALL DAMAGES, COSTS, OR

EXPENSES BECAUSE OF PERSONAL INJURY OR PROPERTY DAMAGE BASED ON THE PERFORMANCE OF THIS PURCHASING AGREEMENT OR ASSERTED AGAINST IT.

21. DISPUTES: ALL DISPUTES CONCERNING QUESTIONS OF FACT WHICH MAY ARISE UNDER THIS

PURCHASING AGREEMENT, AND NOT DISPOSED OF BY MUTUAL CONSENT SHALL BE DECIDED BY THE PURCHASING MANAGER.

22. OFFER AND ACCEPTANCE: VENDOR REPRESENTS ITS ACCEPTANCE TO PROVIDE PRODUCTS AND/OR SERVICES AS FOLLOWS: CITY’S OFFER TO PURCHASE PRODUCTS AND/OR SERVICES IS EXPRESSLY CONDITIONED UPON VENDOR’S ASSENT TO THE TERMS AND CONDITIONS SET FORTH IN CITY’S PURCHASING AGREEMENT DOCUMENTS, SPECIFICATIONS, SUPPORTING DATA, AND THESE ARTICLES.

VENDOR AGREES THAT VENDOR’S ORDER ACKNOWLEDGMENT TERMS AND CONDITIONS RECEIVED PRIOR TO, DURING, OR AFTER ORDER PLACEMENT BY CITY ARE HEREBY REJECTED. CITY PURCHASING AGREEMENTS SIGNED BY THE CITY’S PURCHASING MANAGER OR HIS/HER DESIGNATED AGENT AND ISSUED TO VENDOR CONSTITUTE WRITTEN NOTIFICATION TO VENDOR OF CITY’S REJECTION OF ANY AND ALL VENDOR ORDER ACKNOWLEDGMENTS, COUNTER OFFERS AND CHANGES TO THE CITY’S TERMS AND CONDITIONS.

23. ASSIGNMENT: NEITHER THIS PURCHASING AGREEMENT NOR ANY PORTION THEREOF SHALL BE

SUBCONTRACTED OR ASSIGNED WITHOUT THE WRITTEN CONSENT OF THE CITY IN EACH AND EVERY INSTANCE.

24. MISCELLANEOUS: TIME IS OF THE ESSENCE IN EACH AND EVERY PROVISION OF THIS PURCHASING AGREEMENT.

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5 ATTACHMENT A
ANNUAL PURCHASE AGREEMENT NO. 213590

WEDECO UV LAMPS
CONTRACTUAL PRICING – EFFECTIVE MARCH 7, 2022
Item Vendor No. Description Unit
Unit
Price
1 14-65 33 08 Kome IV, High UVT Setup per E Kome IV (DW) EA $1,049.00 2 76-03 51 68 UV Sensor SO13599-DW EA $1,220.00
3 76-610 34 08 Lamp, UV Ecoray ELR30-1 (XLR30) EA $218.00 4 76-04 10 53 Quartz Sleeve 48X2X2030 EA $508.00
5 76-70 24 33 K Reactor Sensor Tube W/Lens EA $337.00
6 76-76 01 43 Wiper Drive Assembly, Electric+ For LBX1000/BX1800 EA $4,891.00 7 76-760175 Spindle Assembly LBX750-1000 EA $3,653.00
8 76-03 73 33 Wiper Ring, PTFE 2 Twist EA $11.00
9 76-611 31 25 Headpiece O-Ring 46.99X5.33 EA $13.00
10 76-04 48 40 Ballast Ecoray TDS 55 EA $705.00
11 76-03 97 19 Ballast Interface Board EA $968.00
12 76-04 09 14 Coupling DIA For LBX750/1000 EA $390.00
13 76-04 41 66 Cable MKW5-24, 1-MKW5/S1828 5M Lamp Cable EA $243.00 14 76-611 14 50 Wiper Control Board UMC 300 (Needs to be Programmed) EA $1,320.00 15 76-611 38 36 Lamp connector EXT/Long EA $174.00
16 76-611 41 98 Wiper Ring TAK48 Viton EA $16.00
17 76-611 42 12 Wiper Assembly, BX/LBX/DURON Incls. End Stop, PTFE, Viton EA $44.00 PRICING IS F.O.B. DESTINATION, MODESTO, CA. ANY FREIGHT/DELIVERY CHARGES SHALL BE INCLUDED IN THE UNIT PRICE.

PRICING IS NET TO THE CITY, EXCLUSIVE OF FEDERAL EXCISE TAX, CALIFORNIA STATE, LOCAL, SALES AND USE TAX.

CITY OF MODESTO SALES TAX RATE 7.875%
PAYMENT TERMS: NET 30
VENDOR CONTACT: NAME JULIE ROPIC
PH: 704-409-9793
EMAIL: [email protected]
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 8, 2022
Date: January 5, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Consider Annexation of approximately 177.75 acres to the City of Modesto; Change General Plan designation on 23 acres of land from C, Commercial, to VR, Village Residential; and Amendment #4 to the Fairview Village Specific Plan CONTACT: Cindy van Empel, Senior Planner, [email protected] 209.577.5267 DESCRIPTION:

Hearing to consider approving an amendment to the Urban Area General Plan to change the designation of approximately 23 acres of land in the Fairview Village Specific Plan area from C, Commercial, to VR, Village Residential; approving an amendment to the Fairview Village Specific Plan to make the Specific Plan consistent with the General Plan, change the land use and circulation plans, and make other revisions; approving the filing of an application with the Stanislaus Local Agency Formation Commission to annex approximately 177.75 acres located east of Carpenter Road and north of Whitmore Avenue to the City of Modesto; and adopting a resolution finding that the project is within the scope of the General Plan Master Environmental Impact Report. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This action is consistent with City Council’s 2020-2025 Strategic Plan Goal C: Develop a Housing and Homelessness Plan and Goal E: Drive Economic Vitality.

BACKGROUND:

Fairview Village lies east of Carpenter Road and north of Whitmore Avenue. The easterly 231 acres of the 375-acre specific plan was annexed to the City in 1996 and a portion of the annexed area has been developed with almost 400 residences, part of a stormwater drainage basin, and part of a park. The Fairview Village Specific Plan was originally modeled after Village One Specific Plan.

There has been interest in developing the remaining area over the years, but the Fairview Village Specific Plan has become outdated, as the General Plan has undergone major revisions since the specific plan was adopted. Revising the plan and annexing the western portion of the area to the City have been expressed obstacles to development. #26..
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City Council, February 8, 2022
Annexation of approximately 177.75 acres to the City of Modesto; Change designation on 23 acres of land from C, Commercial, to VR, Village Residential; Amendment #4 to the Fairview Village Specific Plan

STL Company, LLC, has filed applications to amend the General Plan and Fairview Village Specific Plan, annex the westerly portion of the Fairview Village Specific Plan area, and a tentative subdivision map to divide 38.5 acres into 217 single family lots. The subdivision map was approved by the Planning Commission on December 20 and does not require City Council approval. However, the subdivision map cannot be finalized until the General Plan and Specific Plan amendments are approved and the property has been annexed.

Project Area Showing Boundaries of Proposed General Plan Amendment, Specific Plan Amendment, Annexation, and Subdivision Map
DISCUSSION:

Annexation: As part of this action, the project application desires to annex the westerly 177.75 acres of the Fairview Village Specific Plan. The eight properties north of Hatch Road are currently prezoned R-1, low-density residential, and the properties south of Hatch Road are prezoned SP, Specific Plan. The City of Modesto has adequate capacity to deliver urban services to this area.

General Plan Amendment: The Fairview Village Specific Plan was originally designated VR, Village Residential in the Modesto General Plan, a designation consistent with new Specific #26..
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City Council, February 8, 2022
Annexation of approximately 177.75 acres to the City of Modesto; Change designation on 23 acres of land from C, Commercial, to VR, Village Residential; Amendment #4 to the Fairview Village Specific Plan

Plan areas. Subsequently, an approximately 23-acre area was designated C, Commercial, in the General Plan. This amendment would change that designation from C, Commercial, to VR, Village Residential and would allow a smaller commercial center of approximately 8 acres, with the remaining 15 acres becoming residential. This is a more economically feasible commercial size.

Specific Plan Amendment: Further, the Fairview Village Specific Plan is being amended to update policies in the plan that are no longer consistent with policies in the General Plan, including storm water basin and agricultural preservation policies. The land use and circulation plans will also be revised to be consistent with the proposed development. The number of dwelling units in the entire specific plan area will range from approximately 1,075 to 2,150 single family units and 220-440 multifamily dwelling units for a total of 1,295-2,590 dwelling units, consistent with the General Plan estimate of 2,310 dwelling units. The Commercial designation would be reduced to approximately 8 acres, reflecting the reduced need for commercial square footage. The backbone street plan will be altered slightly to per the proposed development plan. Finally, substantial portions of the Fairview Village Specific Plan are being revised to streamline project review, consistent with current practices of the City of Modesto.

Because this is an annexation which is to be developed with residential units, the specific plan incorporates LAFCO’s agricultural land preservation policy. This policy has also been incorporated as a condition on the Vesting Tentative Subdivision Map.

The City of Modesto recently entered into an agreement with the developers of the Woodglen subdivision, which has a similar agricultural mitigation requirement, to establish an agricultural mitigation program utilizing existing farmland owned by the City at the Jennings Road Treatment Plant. The Fairview map, and all future development, will also be allowed to utilize this program established by the City.

FISCAL IMPACT:

The project is developer funded. All applicable fees will be levied at the time of development.

COMMITTEE RECOMMENDATION:

The Planning Commission heard this item at its regularly scheduled meeting of December 20, 2021, and recommended City Council approval.

CEQA/NEPA REQUIREMENTS:

Staff has prepared an Initial Study, Environmental Checklist EA / C&ED No. 2021-31, which concludes that the project is within the scope of the General Plan Master EIR (SCH No. 2014042081), and that pursuant to Section 21157.1(b) of CEQA, no new environmental review is required.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an amendment to the Modesto Urban Area General Plan to change the designation of approximately 23 acres of land in the in the Fairview Village Specific Plan area from C, Commercial, to VR, Village Residential.
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City Council, February 8, 2022
Annexation of approximately 177.75 acres to the City of Modesto; Change designation on 23 acres of land from C, Commercial, to VR, Village Residential; Amendment #4 to the Fairview Village Specific Plan

Resolution approving Amendment No. 4 to the Fairview Village Specific Plan to make the Specific Plan consistent with policies in the Urban Area General Plan, change the land use and circulation plans, and make other revisions.

Resolution approving the filing of an application with the Stanislaus Local Agency Formation Commission for the reorganization of approximately 177.75 acres located east of Carpenter Road and north of Whitmore Avenue for annexation to the City of Modesto and Modesto Sewer District No. 1 and simultaneous detachment from the Westport and Burbank-Paradise Fire Protection Districts.

Resolution finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081): General Plan Amendment from Commercial to Village Residential in the Fairview Village Specific Plan, Specific Plan Amendment No. 4, annexation of 177.75 acres to the City of Modesto and simultaneous detachment from Westport and Burbank-Paradise Fire Protection Districts.

Approved by:

Jaylen French,
Director of Community and Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution - General Plan Amendment

2. Resolution - Specific Plan Amendment

3. Exhibit A: Fairview Specific Plan

4. Resolution - Annexation

5. Resolution - Finding of Conformance

6. Exhibit A: Initial Study, EA/C&ED 2021-31

7. Fairview Village Phase 1 Vesting Tentative Subdivision Map

8. Planning Commission Staff Report, December 20, 2021

9. Planning Commission Breakout Minutes, December 20, 2021

10. Financial Information Disclosure Form

11. Planning Commission Pertinent Parties List, December 20, 2021

12. Planning Commission Resolution 2021-21

13. Planning Commission Resolution 2021-22

14. Planning Commission Resolution 2021-23
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING AN AMENDMENT TO THE MODESTO URBAN

AREA GENERAL PLAN TO CHANGE THE DESIGNATION OF
APPROXIMATELY 23 ACRES OF LAND IN THE IN THE FAIRVIEW

VILLAGE SPECIFIC PLAN AREA FROM C, COMMERCIAL, TO VR,

VILLAGE RESIDENTIAL
WHEREAS, a new General Plan for the City of Modesto entitled “City of Modesto Urban Area General Plan”, as recommended by the Modesto City Planning Commission, was adopted by the Council of the City of Modesto by Resolution No. 95- 409 on August 15, 1995, and
WHEREAS, said General Plan has been amended by Modesto City Council Resolution Nos. 95-584, 96-20, 96-338, 96-639, 97-3, 97-137, 97-158, 98-293, 99-162, 99-564, 2000-303, 2000-633, 2001-47, 2001-476, 2002-154, 2002-526, 2003-101, 2003- 122, 2004-233, 2005-70, 2007-066, 2007-599, 2008-142, 2008-583, 2009-419, 2011- 253, 2011-254, 2011-435, 2012-430, 2014-17, 2014-422, 2015-262, 2016-34, 2017-21, and 2019-109 copies of which are on file in the office of the City Clerk, and WHEREAS, Government Code Section 65358 permits the amendment of General Plans by the legislative body, and
WHEREAS, STL Company LLC has applied for an amendment to the General Plan to change the land designated C, Commercial, in the Fairview Village Specific Plan to VR, Village Residential, and
WHEREAS, the Community & Economic Development Department has analyzed the proposed amendment and concluded that the proposed General Plan amendment will allow flexibility for development to respond to market conditions, consistent with the Village Residential designation, and
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WHEREAS, a Final Master Environmental Impact Report was prepared for the Urban Area General Plan Update (SCH No. 2014042081) which analyzed the potential environmental effects of the proposed Project, and
WHEREAS, on December 20, 2021, the Planning Commission held a duly noticed public hearing in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, relating to this proposed amendment to the Modesto Urban Area General Plan to change the designation on approximately 23 acres of land from C, Commercial, to VR, Village Residential, and
WHEREAS, after said public hearing, the Planning Commission adopted Resolution No. 2021-21, recommending to the City Council an amendment to the Modesto Urban Area General Plan to change the designation on approximately 23 acres of land from R, Residential to C, Commercial, and
WHEREAS, said matter was set for a public hearing of the City Council to be held on February 8, 2022, in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which date and time said duly noticed public hearing of the Council was held for the purpose of receiving public comment on the proposed amendment to the Modesto Urban Area General Plan to change the designation on approximately 23 acres of land from C, Commercial, to VR, Village Residential.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby finds and determines that the proposed amendment to the Modesto Urban General Plan to as described in Exhibit “A”, attached hereto and incorporated herein by reference, is required for the public health, safety, and welfare of the citizens of Modesto. #26..
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BE IT FURTHER RESOLVED by the Council of the City of Modesto that it hereby adopts the proposed amendment to the Urban Area General Plan as described in Exhibit “A”, attached hereto and incorporated herein by reference.

BE IT FURTHER RESOLVED that the project applicant shall indemnify, defend, and hold harmless the City of Modesto, its agents, officers, and employees from any and all claims, actions, or proceedings against the City of Modesto, its agents, officers, and employees to attack, set aside, void, or annul, any approval by the City of Modesto and its advisory agency, appeal board, or a legislative body concerning the general plan amendment for the Property. The City of Modesto shall promptly notify the applicant of any claim, action, or proceeding.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of February 2022, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: __________________________________________
JOSE M. SANCHEZ, City Attorney
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EXHIBIT A
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING AMENDMENT NO. 4 TO THE FAIRVIEW VILLAGE

SPECIFIC PLAN TO MAKE THE SPECIFIC PLAN CONSISTENT WITH POLICIES

IN THE URBAN AREA GENERAL PLAN, CHANGE THE LAND USE AND

CIRCULATION PLANS, AND MAKE OTHER REVISIONS
WHEREAS, on December 12, 1995, the City Council by Resolution No. 95-584, adopted the Fairview Village Specific Plan, and
WHEREAS, Government Code Section 65453 permits the amendment of Specific Plans as often as deemed necessary by the legislative body, and WHEREAS, on March 18, 1997, the City Council by Resolution No. 97-135 adopted Amendment No. 1 to the Fairview Village Specific Plan, and WHEREAS, on March 18, 1997, the City Council by Resolution No. 97-138 adopted Amendment No. 2 to the Fairview Village Specific Plan, and WHEREAS, on November 4, 1997, the City Council by Resolution No. 97-622 adopted Amendment No. 3 to the Fairview Village Specific Plan, and WHEREAS, STL Company LLC has filed an application to amend the Land Use Plan of the Fairview Village Specific Plan to change the land use designation of approximately 23 acres located southeast of the intersection of Hatch Road and Carpenter Road from Commercial (C) to Village Residential (VR) and the Circulation Plan to realign connector streets, ensure adequate area for the planned elementary school, neighborhood park, and central stormwater drainage basin, increase connectivity to the external roadway network, establish an agricultural preservation policy and other policies consistent with the General Plan and make other minor amendments, and
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WHEREAS, on October 8, 2021, the proposed Annexation, General Plan Amendment, and Specific Plan Amendment were referred to Modesto City Schools, Modesto Irrigation District, Local Agency Formation Commission, County Planning and Community Development, and the Environmental Resources Director, for a 45-day referral period in accordance with Government Code sections 65453 and 65352, and WHEREAS, on December 20, 2021, at 6:00 p.m. the Planning Commission held a duly noticed public hearing in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered concerning the proposed Fairview Village Specific Plan amendment, and WHEREAS, after said public hearing, the Modesto City Planning Commission by Resolution Nos. 2021-22 recommended to the City Council approval of Amendment #4 to the Fairview Village Specific Plan to change the land use designation of approximately 23 acres located southeast of the intersection of Hatch Road and Carpenter Road from Commercial (C) to Village Residential (VR) and the Circulation plan to realign connector streets, ensure adequate area for the planned elementary school, neighborhood park, and central stormwater drainage basin, increase connectivity to the external roadway network, establish an agricultural preservation policy and other policies consistent with the General Plan and make other minor amendments, and
WHEREAS, said matter was set for a public hearing of the City Council to be held on February 8, 2022, in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which date and time said duly noticed public hearing was held.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby finds and determines that the proposed Amendment #4 to the Fairview Village #26..
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Specific Plan, property located northeast of the intersection of Carpenter Road and Whitmore Avenue is consistent with the Modesto Urban Area General Plan, which designates the site as Specific Plan (SP).

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Fairview Village Specific Plan is hereby amended to change the land use designation of approximately 23 acres located southeast of the intersection of Hatch Road and Carpenter Road from Commercial (C) to Village Residential (VR) and the Circulation plan to realign connector streets, ensure adequate area for the planned elementary school, neighborhood park, and central stormwater drainage basin, increase connectivity to the external roadway network, establish an agricultural preservation policy and other policies consistent with the General Plan and make other minor amendments, as shown on Exhibit "A" attached hereto and incorporated herein by reference.

BE IT FURTHER RESOLVED that the property owner and developer shall, at their sole expense, defend, indemnify and hold harmless the City of Modesto, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys’ fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of February, 2022, by Councilmember , who #26..
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moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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Exhibit A
Fairview Village Specific Plan
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City of Modesto
Fairview Village Specific Plan
This document reflects all amendments to the Fairview Village Specific Plan, as of November 4, 1997 #26..
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Amendments to the Fairview Village Specific Plan
This document contains information from the original Fairview Village Specific Plan adopted December 12, 195, by City Council Resolution No. 95-584, as revised by the following Specific Plan Amendments:

SPA #1 Incorporate Changes in Financing Installation and Ongoing Maintenance of Infrastructure within the Specific Plan Area from Various Assessment Districts to a Single, City Mello-Roos Community Facilities District
Recommended by Planning Commission Resolution No 97-12
Adopted by City Council Resolution No. 97-135
SPA#2 Delete the Requirement for a Housing Trust Fund Equity Sharing Program and Collection of an Affordable Housing Fee
Recommended by Planning Commission Resolution No. 97-15 Adopted by City Council Resolution No. 97-138
SPA#3 Add Language to Allow Changes in Service Providers Recommended by Planning Commission Resolution No. 97-71 Adopted by City Council Resolution No. 97-622
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FAIRVIEW VILLAGE SPECIFIC PLAN
1 Table of Contents
Chapter 1: Introduction

1.1 Forward

1.2 Purpose and Nature of the Specific Plan

1.3 Fairview Village Setting

1.4 The Planning Process
Chapter 2: Fairview Village

2.1 Guiding Principles

2.2 Land Use

2.3 Infrastructure

2.4 Agricultural Preservation Policy
Chapter 3: Implementation

3.1 Basic concepts

3.2 Submission and Approval of subsequent Projects

3.3 Financing Measures
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FAIRVIEW VILLAGE SPECIFIC PLAN
2 Chapter 1: Introduction

1.1 Forward
Fairview Village is a prosed planned community for approximately 5000 people. It is to be developed on a 364-acre site, held in three contiguous ownership, at the southwest edge of the City of Modesto.

Bounded by the expanded Hatch and Carpenter Roads and by Whitmore Avenue, the Village is designed around a large central neighborhood park and elementary school. At completion, Fairview Village will include two elementary schools, the central neighborhood park and a commercial center with shops, offices and apartments.

1.2 Purpose and Nature of the Specific Plan
The purpose of the Fairview Village Specific Plan is to implement the goals, objectives and policies of the City of Modesto General Plan, as authorized by Section 65450 et. seq. of the State Government Code.

Section 65451 specifies that a Specific Plan shall include text and a diagram or diagrams to describe in detail:

1. The distribution location, and extent of the uses of land, including open space, within the area covered by the plan.

2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.

3. Standards and criteria by which development will proceed, and standards for the conservation development and utilization of natural resources, where applicable.

4. A program of implementation measures including regulations, programs, public works projects and financing measures necessary to carry out paragraphs (1), (2) and (3).

Specific plan legislation was adopted by the California legislature as an optional planning tool, available to local governments, to facilitate implantation of their General Plan. The primary function of the Specific Plan is to require that an area, or subarea of the General Plan be developed as a unit with regard to land use, public facilities and infrastructure. By grouping properties together for planning purposes, regardless of size, ownership or existing land uses, it was felt that community facilities and public improvement projects could be planned more effectively and could be financed and developed in conjunction with orderly private development. The Specific Plan is intended to prevent the piecemeal, random development of an area by requiring a rational sharing of resources.

The Specific Plan is not a rigid book of rules nor does it attempt to control every design detail of future development project. By focusing on land use, infrastructure, design standards for public improvement and implementation, it seeks to avoid the mistakes of static, end-state plans which leave little if any room for future flexibility or design creativity. The Specific Plan anticipates changing market conditions and acknowledges that developer will play and active role in determining the final design of individual projects that are consistent with Plan policies and requirements, including necessary mitigation measures for identified environmental impacts.

Prior to the Specific Plan process, property owners were able to petition successfully under the General Plan for annexation and development approvals regardless of the planning condition of nearby properties.

The problem of piecemeal development was compounded in the late 1980s by a generalized real estate #26..
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FAIRVIEW VILLAGE SPECIFIC PLAN
3 boom in the State combined with reduced public funding for public funding for public improvement.

Planners found it difficult to project growth impacts and to provide adequate public facilities and services.

The Specific Plan was covered as a valuable subset to the General Plan. It was designed to provide a bridge that did not previously exist between public interest and resources, including requirements infrastructure and services on the one hand a private, one party land interests on the other.

In 1989, the City of Modesto adopted the Urban Growth Management Strategy, which requires that any future development within what is called the Urban Reserve be planned and annexed as villages under the auspices of Specific Plan. This action was seen as a necessary response to preventing new development new development in undeveloped areas prior to there being adequate consideration for public service facilities such as roadways, parks, schools and utility improvements.

The Fairview Village Plan provides a comprehensive, orderly approach to growth within the Sphere of Influence of the City of Modesto. It adheres to the fundamental purposes of the Specific Plan process to prevent urban sprawl by providing coordinated development of public resources and facilities concurrent with private development. As an implementation-oriented plan, it avoids the micro-management of such details as lot design and the use of architectural design standard and guidelines that have proved cumbersome, if not effective in other plans. It does not intend to limit private initiate, creativity or market flexibility during any or all phases. It strives to conform to the critical concepts of comprehensive planning while recognizing that, as a market driven plan, the very essence of successful implementation is to allow adequate flexibility for future, unknown market conditions.

In summary, The Fairview Village Specific Plan is a blueprint for the construction of a new City of Modesto community of approximately 2250 homes, a village commercial center and a new elementary school and central neighborhood park.
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FAIRVIEW VILLAGE SPECIFIC PLAN
4 1.3 Fairview Village Setting

1.3.1 Location
The Fairview Village Plan Area is located just outside the southwestern boundary of Modesto, in Stanislaus County. It is contiguous to the Bret Harte neighborhood on the east and is bounded by three existing major streets on the other sides, Whitmore Avenue on the south Carpenter Road on the west and Hatch Road on the North. The Tuolumne River is nearby, just north of Hatch Road. The Area is within easy access of both of both Highway 99 and State Route 132.

The City’s Growth Management Planning policy identifies Fairview Village as a logical location for new development and the County designates it an Urban Transition area.

Figure 1: Location and Boundaries of Fairview Village Specific Plan #26..
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FAIRVIEW VILLAGE SPECIFIC PLAN
5 1.3.2 Boundaries and Area
The Fairview Village Plan is essentially square with wash edge being approximately ¾ mile. Two utility easements are located diagonally across the Plan Area. One is 50 feet wide and contains the Turlock Irrigation (TID) Lateral No. 1. The second is 40 feet wide and contains a City of Modesto, 60-inch force main outfall sewer line that extends to Whitmore Avenue, beyond which it becomes a gravity sewer line.

Fairview Elementary School is publicly owned. The reference “property owners” in subsequent sections of the Plan is to be understood as meaning one or more of these ownerships.

1.3.3 Summary of the Environmental Setting
The overall site, have been graded for irrigated agricultural use, is relatively flat, with a gradual downslope from south to north. Soils are generally alluvial deposits of sandy loam with some hardpan, designated as Prime Farmland by the California Department of Conservation. The area North of the TID lateral is designated as being within a 500-year flood plan, although some portion of the specific plan are with in the 200-year flood plain as defined by the Regional Water Quality Control Board (RWQCB). No further mitigation, beyond that identified in the Master EIR for the City General Plan Revision, is required for the Fairview Village Plan Area for loss of sensitive wildlife and Plant habitat or disturbance of archaeological or historical sites.

1.4 Planning Process
This Specific Plan is part of a comprehensive planning process which serves to implement the City of Modesto General Plan goals and objectives according to Specific Plan identified principles policies and key projects. The detailed nature of the Specific Plan is intended to simplify the subsequent planning process and schedule and to clear the way for more efficient and timely approvals of projects in the Plan Area that are consistent with Plan policies, land use designations and infrastructure improvements. The process for developing in the Fairview Village Specific Plan includes:
• Annexation
• Tentative Subdivision Map Application
• Development Plan Review for Commercial and Multi-Family Development A discussion of each of these subsequent components of the planning process following Specific Plan adoption is found in the Implementation Element of the Plan (Chapter 3)

1.4.1 Relationship of the Fairview Village Specific Plan to the City of Modesto General Plan The City of Modesto adopted a major revision to the General Plan and certified the Master EIR in August 1995. The Fairview Village Specific Plan Area is identified in the revised General Plan as one of twentysix Comprehensive Planning Districts (CPDs) which are designated areas for managed urban growth.

The Planned Urbanizing Area is predominantly flat, vacant and/or developed with agricultural uses and minimally if at all serve with urban services and infrastructure, including roads. Because it is an area where substantial development is expected, the General Plan Growth Strategy Diagram established that all new development in the CPDs will be planned comprehensively and implemented according to Comprehensive Plan, which are defined as policy documents meant to “create a bridge between general plan policies and individual development proposals.” The General Plan recognizes Specific Plan (by section 65450 of the State Government Code) as a form of Comprehensive Plan that may be used by the City to implement CPDs. In the Fairview CPD, the General plan proposes the preparation of a Specific Plan to guide of the identified Village Residential land uses. The Fairview Specific Plan for the Fairview #26..
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FAIRVIEW VILLAGE SPECIFIC PLAN
6 CPD has been developed according to the policies outlined in the revised General Plan for land use housing and public facilities and services.

1.4.2 Severability
In the event that any regulations, condition, program or portion of this Specific Plan is held invalid or unconstitutional by a California or Federal Court of competent jurisdiction, such portions shall be deemed separate, distinct and independent provisions. The invalidity of such provisions shall not affect the validity of the remaining provisions of the Specific Plan thereof. #26..
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FAIRVIEW VILLAGE SPECIFIC PLAN
7 Chapter 2: Fairview Village
This section describes the physical characteristics of Fairview Village and is organized to address the following elements, as required by Specific Plan legislation and, the considerations of the Plan Area:
• Guiding Principles
• Land Use
• Infrastructure

2.1 Guiding Principles
The Fairview Village Specific Plan based upon a set of guiding principles that are intended to balance requirements for automobile access with those for pedestrian and other modes of access from all points to major community facilities such as schools, parks and neighbor shopping. These principles are:
• The Specific Plan focuses upon a central neighborhood park and elementary school, easily accessible to each residential area
• The open space, including parks, retention basins, school yards and street landscaping, is purposely designed in conjunction with the circulation network to make public green space a significant experience
• Residential densities are kept as high as feasible within the limits of a changing market The principles guiding the Fairview Village Specific Plan are consistent with City of Modesto General Plan policies for new neighborhoods:

1. Communities or neighborhoods should be designed so that housing, jobs, daily needs and other activities are within easy walking distance of each other;

2. As many activities as possible should be located within easy walking distance of transit stops;

3. Communities or neighborhoods should contain a diversity of housing types to enable citizens from a wide range of economic levels and age groups to live within its boundaries;

4. Business within a community or neighborhood should provide a range of job types for the communities or neighborhood residents;

5. The location and character of the community or neighborhood should be consistent with a larger transit network;

6. Each community or neighborhood should have a center focus that combines commercial, civic, cultural and recreational uses;

7. Each community or neighborhood should contain an ample supply of specialized open space in the form of squares, greens and parks whose frequent use is encouraged through placement and design; and

8. Streets, pedestrian paths and bike paths should contribute to a system of fully connected and interesting routes to all destinations; their design should encourage pedestrian and bicycle us by being small and spatially defined by buildings, trees and lighting by the discouraging high speed traffic; wherever possible, natural terrain, drainage and vegetation should be preserved with superior examples contained within parks or greenbelts. #26..
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FAIRVIEW VILLAGE SPECIFIC PLAN
8 2.2 Land Use
This section of the Specific Plan established the general distribution and extent of land uses, including open space, within the Plan Area. It contains the Land Use Diagram and Land Use Designations and confirms to Section 65451 (a)(1) of the California Government Code.

2.2.1 The Village Concept
The ¾ mile square Plan Area allows residential development to be located within an approximately ¼ mile walking distance from a central school and neighborhood park site. A neighborhood serving commercial center, which may include residential development, is located in one of the neighborhoods where it will have visibility from the higher volume roads along the edge of the planning area and also be internally accessible to each of the neighborhoods and to the central park and school.

2.2.2 Residential Neighborhoods
The residential areas surrounding the central neighborhood school and park site are visually identifiable as separate, distinctive neighborhoods. The physical identity of neighborhoods as being places where there is opportunity for shared space and social interaction usually is the result of certain predominant characteristics that include topography, street layout and landscaping, lot size and geometry, the depth and landscape character of front yard setbacks, and often to a much lesser extent, architecture.

Approximately 1075 to 2150 single family units and 220 to 440 multi-family units are proposed for Fairview Village neighborhoods, for a total of between 1097 and 2590 residential units. A variety of housing types, design styles and lot sizes for single family units is anticipated as the result of zoning standards that allow higher densities and smaller lot sizes in appropriate locations as well as from phasing that accommodates many different builders over many years. Multi-family housing is to be located in and near the village commercial center.

The Fairview Village Specific Plan does not attempt to establish any design guidelines for residential or commercial development beyond that described by zoning and by the standard described in the Land Use Element. Design standards for Fairview Village are concerned primarily with neighborhood form as determined by public infrastructure, including streets and street landscape and by land use and development intensity. Development increments of 70 to 200 lots are anticipated. Project design will determine neighborhood character along the local residential streets.

The overall goal of the Fairview Village Specific Plan, with respect to affordable housing, is to provide housing opportunities within the Village for people with diverse income levels, as is compatible with the range of market rate housing that is planned.

2.2.3 Commercial Center
Neighborhood serving commercial development is located in the northwest quadrant of the Plan Area where it has high visibility from both Carpenter and Hatch Roads, each of which are Minor Arterials. The Fairview Village Commercial center is conceived as a pedestrian-friendly neighborhood district.

Community facilities such as churches, child care centers and health clubs also are encouraged in the Village commercial center. More intensive forms of residential development are located adjacent to and, where possible, are integrated into the commercial center. The maximum development program for the commercial center is identified as being 122,000 gross square feet of retail space. #26..
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FAIRVIEW VILLAGE SPECIFIC PLAN
9 2.2.4 Schools
A new elementary school is located at the center of the Fairview Village Plan Area, which allows it to be equally accessible to each of the residential neighborhoods. The school has a civic function in the community, in addition to its role as a place of education, because it will be used occasionally for public meeting and because many of the parents of the community will be involved in school activities with their children. The new school site also is adjacent to the neighborhood park to increase the sense of open space for both school and park uses. The new elementary school will be a full-serviced facility, to be constructed, as required, to serve an identified level of new residential development in the Pan Area and in conformance with the criteria and standards for the Modesto city School District.

The existing Fairview Elementary School will serve Fairview Village residents in the early phases of development. It will also continue to be and important part of the community dynamic after construction of the new, more centrally located elementary school.

2.2.5 Open Space

1. Neighborhood Parks
A minimum of 7 acres of parkland is required in Fairview Village. There are a number of ways to achieve this requirement.

The Fairview neighborhood park shall be adjacent to the new centrally located elementary school. Park improvements may include both active use playfields and passive recreational use areas such as open expanses of lawn. The final design of the central neighborhood park will be developed as determined by the City’s Parks, Recreation and Neighborhoods Department.

2. Street and Drainage Basin Landscape
The connector streets are another important part of the Plan Area landscaping. As stated above, the overall visual character of the Fairview Village neighborhood is defined largely by the alignment and landscape character of the entry street and street adjacent landscape areas.

The landscaping along the connector streets will be a major aesthetic feature of Fairview Village and will be primary concern during the final planning and design of each increment of build out. The street landscape becomes a network of green space that provides a high-quality environment for pedestrians, bicyclist and all others who move about though the Village, including motorists. Landscaping, including planting, will be allowed in the drainage basin only if appropriate to the technical operating characteristics of the drainage basins. Landscape improvement and maintenance costs will be funded through a MelloRoos Community Facilities District.

The Fairview Village property frontage along Hatch and Carpenter Road and along Whitmore Avenue will be improved, as development occurs, to include a landscaped setback. Along Hatch and Carpenter Roads, well designed sound walls will be provided to mitigate noise levels, as identified in the General Plan. Landscaping shall be designed for the setback area to create a unified edge along these roadways and to complement and break down the sale of what otherwise could be the dominant linear character of the sound walls.

Along Whitmore Avenue, which is a Minor arterial, the landscape setback also shall be designed to accommodate the 40-foot sewer easement that is described in detail in the infrastructure section of the Plan Area. A consistently designed masonry wall will be used to prevent unwanted access into development parcels along Whitmore Avenue. Maintenance of all the landscape setback areas along the #26..
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10 Fairview Village side of the three edge roadways will be maintained through a Mello-Roos Community Facilities District.

3. Utility Easement
Complementary to the landscaped circulation and landscaped drainage basins network is a diagonal, 40- foot sewer easement that is described in detail in the infrastructure section of the Plan. This easement crosses several of the connectors and is an opportunity for an off-street linear trail and bicycle route. A basis level of landscape improvements will be provided for the sewer easement that makes it an amenity.

Subject to tentative map design, all landscape improvement for secondary, recreational uses shall be compatible with the primary function of the easement as the location for the underground sewer line.

Basic maintenance would be provided by a Mello-Roos community Facilities District.

2.2.6 Land Use Map, Zoning Designations and Area Summary Table This section of the Specific Plan provides a policy to protect nearby City infrastructure from a potential land use conflict, and the standards and criteria by which development will proceed in compliance with Section 65451 (a) (3) of the Government Code. The word diagram is distinguished from a map in the context of a California Attorney General Opinion (67OPS.CAL.ATTY.GEN.75(3/7/84), To provide a certain limited degree of flexibility in applying the land use designations to specific parcels.

1. Policy: Residential Land Uses Near the City Wastewater Treatment Plant The Land Use Plan shall ensure that new residential development in areas that may be subject to potential odors from the nearby City Wastewater Treatment Plant, located northeast of the Plan Area, does not adversely restrict future operations and the continuance of present operations at this critical treatment facility. (See Implementation Element 3.2.4)

2. Land Use Plan Diagram
The following diagram is a graphic illustration of the designated land uses for the Fairview Village Specific Plan Area:
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11 Figure 2: Land Use Diagram

3. Description of Fairview Village Land Use Designations Single-family homes (SF)
The majority of the homes in Fairview Village will be single-family, generally conforming to the standards set forth in the Modesto Zoning Code under the R-1 designation, with the following exceptions:

For lots that meet or exceed the minimum lot size in the R-1 zone:

Front setback: 12 feet to the house or front porch and side entry garage #26..
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12 For lots that are smaller than the minimum lot size in the R-1 zone, the following setbacks from property lines will apply:

Front setback: 10 feet to the house or front porch
Interior side setback: 4 feet
Garage face setback: 18 feet
Multi-Family Homes (MF)
Areas for multi-family homes, including townhouses and apartment units, are designated where there is convenient access to major bus routes and expressways and near the Commercial Center to promote more diverse types of commercial activity over a longer portion of the day. These areas are identified on the Land Use Diagram by the letters “MF.” Development in the multi-family area shall conform to the uses and standards of the City’s R-3 zone.
● Development Plan Review by staff shall be required prior to approval of any multi-family development to ensure compliance with City standards prior to building permit submittal.

Commercial (C)
In general, the Commercial Center shall conform to the uses and standards allowed for C-1, Neighborhood Commercial Zone, with the following modifications:
• Additional permitted uses in the Commercial Area include R-3 residential apartments as a secondary, mixed use;
• Storefronts should have clear glass display windows;
• Larger surface parking areas are to have convenient, evenly spaced pedestrian walkways that provide access to the main shopping street and public square; Surface parking areas are to be well lit;
• Provisions should be made in the commercial center for places where people can sit outdoors; and • Development Plan Review (of the Zoning Code) by staff shall be required prior to any development in the Commercial Area to ensure compliance with City Standards prior to building permit submittal
Parks and Storm Drainage
All new parkland shall be designed to City standards.

Storm Drainage
The drainage basins and the 40-foot underground sewer easement also discussed in both the Open Space section above and the Infrastructure section below, may be accessible for public use subject to approval by the City.
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13 Elementary Schools
Two areas are designed as school sites and are identified on the Land Use Diagram by the Letters, “ES”.

Both are for elementary schools, as discussed previously in the section on Schools. • The Fairview Elementary School site is 9.63 net acres and, as an existing facility, is considered to meet current standards for site area;
• The new Fairview Village elementary school site is 12 acres and is a community facility located adjacent to the central neighborhood park.

Table 1: Land Use Summary (excluding Galas area and Fairview School) Use Gross Acreage Net Acreage Yield
Stormwater Basin 8.5 8.5 n/a
Elementary School 12 11.7 n/a
Park 7.0 6.4 n/a
Commercial 8.0 8.0 122,000
Multi-Family 15.2 15.2 220 – 440
Single Family 223.8 215.3 1,075 – 2,150
TOTAL 284.1 265.1 ---

2.3 Infrastructure
This section of the Specific Plan describes public facilities, including community services and infrastructure, needed to support the physical development described in the Land Use Section.

Descriptions and proposed improvements conform to the requirements of Section 65451(a) (2) of the Government Code for transportation, circulation and access, sewage, water, drainage, solid waste disposal, and energy.

Following are the agencies and organizations which were providing services to the project area at the time the Specific Plan was originally adopted. Subsequent changes in service responsibilities may occur without affecting the validity of the Specific Plan. The City intends that adequate service will be provided to the project area, irrespective of the organization providing that service.

2.3.1 Circulation and Access
The street layout for Fairview Village is a modified north-south/east-west grid, that connects with a circular, central connector roadway defining a large site for the Village elementary school and neighborhood park. (Six connector streets, which in turn are served by local streets, provide access to the edge arterials for the neighborhoods and commercial center). The residential street alignments are identified in the Specific Plan at a conceptual level actual alignment will be determined at the subdivision level.

The connector intersection with Hatch and Carpenter Roads and Whitmore Avenue, at a distance of ¼ mile or greater in accordance with City Standards. Hatch and Carpenter Roads and Whitmore Avenue will be widened to meet planned future width lines in conjunction with tentative subdivision map approvals as required by the City.

Connector street intersection with the circular, central connector around the neighborhood and park site are to be located at reasonable intervals that equally distribute access to the community facilities and at #26..
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14 points on the curve that do not result in unacceptable intersection geometry. Local residential street intersections with collectors are to be sufficiently well located to allow relatively direct pedestrian routed between neighborhood and community facilities including Fairview central neighborhood park and school and the commercial center.

In concept, street widths and alignment for neighborhood tentative maps, as wells as for connector streets, are designed to encourage low speed traffic and to be friendly places for people as well as for cars. All streets in Fairview Village are amenable for multiple uses, including pedestrian bicycle and automobile traffic with the result that they become shared public space connecting individual residences and neighborhoods with the schools, shopping and parks within the overall area of Fairview Village.

1. Right of Way and Design of Local Streets
Local streets shall be designed in accordance with Modesto’s Standard Specifications Manual.

2. Right-of-Way for Connector Street
Connector streets should be designed using the following right of way standards:
a) For circular “loop” street around the central park/open space: 70’ROW (includes parking and bicycle lanes)
b) For connector streets indicated on as requiring a bicycle lane, but not having parking: 56’ ROW (where residential access is restricted, parking would not be provided) c) All other connector street: 60’ ROW (where residential access is allowed, parking would be allowed and bike lanes would not be required)

Typical Section, 56-Foot Right of Way with Bike Lanes
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15 Typical Section, 60 Foot ROW Secondary Connector

Typical Section, 70 Foot ROW Central Park, School Oval
Residential Access to Connector Streets
With regard to Residential Access to Connector Streets (i.e. driveway from single family houses taking direct access to Connectors), the following three polices have been adopted in the Specific Plan:
a) General Policy on Access to Connectors
Connectors streets, which provide significant access from the interior of the project to the arterial street to the periphery of Fairview Village, should be designed such that vehicular access, at safe speeds, is not unduly impeded. In general, those most significant Connectors Streets, as determined by the City, should be located and designed in such a way that residential lots direct driveway access onto those connectors is minimized.
b) Policy on Access to Connector Streets
Connector Streets may be allowed residential driveway access on a case by case basis. The City may allow residential driveway access to connectors unless said access presents unique safety or congestions problems.
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16 3. Right of Way and Design of Minor Arterials
Three minor arterials border the Fairview Village Specific Plan: Hatch Road on the north, Carpenter Road on the west, and Whitmore Avenue on the south. The cross section of these facilities is shown below.

Typical Section, Minor Arterial

2.3.2 Sanitary Sewer
Sanitary sewer service to Fairview Village will be provided by the existing City of Modesto 33-inch diameter South Trunk, located in Ustick Avenue, which runs north under the Tuolumne River to the City of Modesto Waste Water Treatment Plant, located immediately northeast of the Plan Area. The City General Plan establishes goal to provide for future operations and the continuance of present operations of this facility and the Specific Plan for Fairview Village provides measures to insure implementation of these goals both in the Land Use and Implementation sections.

Three lines have been extended from the South Trunk line the easterly boundary of the Plan Area. These lines are described as: (1) a 15-inch diameter sub-trunk on Ironside Drive, at flowline elevation 74.45 feet, which will serve most of the Plan Area, (2) a 10-inch diameter sub-trunk on Hatch Road at flow line elevation 72.02 feet, which will serve as part of the Plan Area along the Hatch Road frontage, if needed, and (3) a 6-inch diameter lateral on Dezzani Lane elevation 77.74 feet. Finally, a City of Modesto 60- inch diameter sanitary sewer force main traverse the Plan Area over northwesterly corner from northeast to southeast. This force main runs from the Modesto Waste Water Treatment Plan to remote treatment ponds near the San Joaquin River. It should be noted that the City intents to install a second 60-inch diameter pressure pipeline east of the existing 60-inch diameter force main. The existing pipeline is not available to serve Fairview Village.

The 15-inch diameter sanitary sewer on Ironside Drive will be extended west to serve new development in Fairview Village. A sanitary sewer lift station will be required to discharge into the existing line. From the lift station, a 15-inch diameter line will be extended west to the street that fronts the proposed central park and elementary school. At this point, the line will split into two 10-inch diameter lines. The northerly 10-inch line will extend 1250 feet to serve the westerly portion of the Galas property and the northwest portion of the Bava property. From the 10-inch lines at the intersection of the north/south connector and the connector that fronts the park and school, 8-inch lines will be extended north and south.

Six-inch laterals are permitted only in cul-de-sacs.
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17 Figure 3: Backbone Sewer Service

2.3.3 Stormwater Drainage
Disposal of stormwater runoff will be via the 30-inch diameter Scenic Drive Strom Drain outfall line.

This line runs from Ustick Road, east along Hatch Road, then north along Seine. It discharges into the Tuolumne River. An 18-inch diameter storm drain line has been extended from Ustick Road along Hatch Road to within 340 feet of the northeast corner of the Plan Area at a flow line elevation of 72.45 feet.

This line does not have capacity for gravity flow, but can take a metered overflow from the planned drainage basins following a storm.
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18 As previously discussed in the Open Space section above the landscaping for the drainage basin will be designed so that it does not interfere with technical operating requirements. The drainage basin will not be located over the sewer easement.

After 24 hours, storm water can be discharged from the drainage basins into the City of Modesto’s existing 18-inch storm drain on Hatch Road via a lift station. Following a 10-year storm, the system is designed to empty all drainage basis within approximately three days.

The TID Lateral No. 1 traverses the Plan Area over the southerly one third portion from northeast to southeast and west. It is concrete lined canal carrying over 60 to 70 cubic feet per second (cfs) during the irrigation season, from March to October. The TID is generally at elevation 86.0 feet and must remain in use to serve agriculture used I the Plan Area prior to development and to serve other properties to the west of the Plan Area.

Figure 4: Stormwater Drainage System
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19 2.3.4 Water
The City of Modesto will serve Fairview Village with water following annexation to the City of Modesto.

At present, there are 16-inch diameter water mains on Carpenter Road, Whitmore Avenue and Tucson Avenue. There is a 12-inch diameter water main on Hatch Road. In addition, there are 8-inch diameter water lines stubbed out to the edge of the Plan Area on Ironside Drive and Dezzani Lane from City’s residential development to the east. The City anticipates the need to locate a well site near Whitmore Avenue and Carpenter Road.

Water lines to serve Fairview Village will be installed as development occurs. On the nominal half mile, 12-inch diameter lines will be installed north/south and east/west, beginning and terminating at the existing lines on the boundary streets. On the nominal quarter mile, 8-inch diameter lines will be installed, beginning and terminating at 12-inch and/or 16-inch diameter lines. Finally, 6-inch diameter lines will be installed on all other streets, beginning and terminating at the 8-inch diameter lines. As standard practice, “looping” of water lines shall be designed to avoid any “dead end” lines.

One offsite, 8-inch diameter line will be installed along the extension of Lassen Avenue from Tucson Avenue, to the east edge of the Plan Area. In accordance with City policy, all lines larger than 10 inches in diameter will be funded by the City. All lines smaller than 10 inches in diameter will be funded by the developer.
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20 Figure 5: Backbone Water Service

2.3.5 Energy
The California Environmental Quality Act identifies energy conservation as a goal in community development. The City of Modesto General Plan establishes policies to mitigate the use of “fuel, water or energy in a wasteful manner.” The Specific Plan conforms to General Plan policies to mitigate adverse impacts to energy conservation by (a) requiring the use of large-scale shade trees where feasible and appropriate in landscape plans for all new development proposals, (b) encouraging Turlock Irrigation District to establish and promote a program to provide incentives for increasing the number of shade trees, and (c) coordinating with energy conservation plans provided by the Modesto and Turlock Irrigation Districts (for electricity) and by Pacific Gas & Electric (PG&E, for natural gas) on all new, large-scale development proposals in the Plan Area. Finally, the pedestrian oriented design character of #26..
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21 the Fairview Plan Area provides residents the energy conserving option of reduced automobile dependency.

2.3.6 Other Utility Services
The Turlock Irrigation District will provide electric services to the Plan Area. Natural gas is provided by PG&E.

2.3.7 Schools
The Plan Area is within the Modesto City School District. The middle school is Hanshaw, and the high school attendance area is Downey. There are two elementary schools with Fairview Village, the existing Fairview Elementary School and a proposed new elementary school located in the Fairview Central Park.

The new elementary school will be a full-service facility to be constructed as required by new residential development in the Plan Area and in conformance to a separate agreement with the School District.

2.3.8 Fire, Police and Other Services
Fire and police services will be provided by the City of Modesto, as will service and maintenance for parks and water, sewer, streets, roads, street lighting, storm drainage, public area, landscaping and general city government services, except as otherwise noted in the Implementation Element of the Plan. Trash disposal is provided by the current franchise holder.

2.4 Agricultural Preservation Policy
The Stanislaus Local Agency Formation Commission (LAFCO) has adopted a policy for the preservation of agricultural land. Every agency in Stanislaus County may choose to adopt its own agricultural preservation policy or to comply with LAFCO’s adopted policy. The City of Modesto has chosen to use a portion of LAFCo’s policy, as amended, which is summarized below in its current form.

In essence, LAFCO’s policy requires the preservation of farmland, either indirectly or directly. The City of Modesto will require the payment of in-lieu fees at a 1:1 ratio of land proposed for annexation and development to land preserved for agriculture through conservation easements or other similar restrictions. Agricultural land preserved must be of an equivalent type to the land proposed for annexation and development, so for example, prime farmland to be developed will result in the preservation of prime farmland.
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22 Chapter 3: Plan Implementation

3.1 Basic Concepts
The most important opportunity represented by the Fairview Village Plan Area is that it is held in a small number of property ownerships. A complex implementation program is not required. The Specific Plan is designed so that each owner is made responsible for all of the improvements that are necessary for development of his or her property. In essence, it is a feasible, market driven, pay-as-you-go-plan.

Adoption of the Specific Plan establishes a comprehensive set of polices, land uses, infrastructure improvements and development standards for the Plan Area sufficient to guide the subsequent review process for project applications, which is discussed as one part of the implementation program. This procedural aspect of the implementation program may include the following components:
• Annexation
• Tentative Subdivision Maps
• Staff Level Development Plan Review for Multi Family and Commercial Development The second part of the implementation program identifies the responsibilities of the property owner to fund and build the community facilities necessary to allow development of the Plan Area. In summary, each property owner, upon adoption of the Specific Plan, will be bound when seeking development approvals to the following set of agreements:
• Infrastructure improvements shall be built according to the location, size capacity and design described in the Specific Plan; and
• Public improvements for individual developments within the Specific Plan will be determined by the City at the time of approval of the development.

The Fairview Specific Plan provides a sufficient level of direction for public improvement and community facility requirements to guide the sequent process necessary to review and approve developer application for tentative subdivision maps and development projects. The following sections discuss in more detail the major features of the Specific Plan implementation and conform to the requirements of Section 65451 (b) of the Government Code.

3.2 Submittal and Approval of Subsequent Projects

3.2.1 Tentative Subdivision Map Applications
The tentative subdivision map application process is governed by the City of Modesto’s Subdivision Ordinance and the State Subdivision Map Act (Section 66410 et. seq). The tentative subdivision map application shall provide final design of connector and local roads.

To be approved, tentative subdivision map applications must conform to the requirements of the Specific Plan. Following tentative subdivision map approval, development projects may be submitted for development plan review.

3.2.3 Land Use Development Standards
Development standards shall be in accordance with the Municipal Code unless specified other is in the Specific Plan.
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23 As noted in the Land Use section of the Plan, certain residential properties may be determined to lie within a zone of potential odor impacts from the nearby City of Modesto Wastewater Treatment Plan, which is located to the northeast of the Plan Area. In such cases, a disclosure, or other mechanisms satisfactory to the City Attorney, as determined at the time of subdivision application, may be used to achieve the goal of providing for the present and future operations of the treatment facility. Adjacent and nearby agricultural activity and future home buyers and prospective residents of Fairview Village shall be provided disclosure that they are subject to noise, dust, odor and other impacts from adjacent agricultural uses.

3.2.4 Amendments to the Specific Plan
Because of its programmatic nature and as economic conditions dictate, the Specific Plan may require more amendments than other types of plans. Amendments to the Specific Plan will be classified as either minor or major (substantial in significance)
• Minor Amendments
Minor amendments include simple modifications to text of graphics that do not substantially change the meaning, intent or are contrary to any provision of the Specific Plan. For example, a minor amendment could be minor acreage adjustment between adjacent land use designations that does not increase the maximum number of units. Another example could be a minor alignment adjustment with a Collector street that does not affect the general circulation and land use plan.

Minor modifications may be accomplished administratively by the Director or designee or the Director may refer the purposed modification to the Planning Commission for decision without public hearing. Any decision by the Director or designee is appealable to the Planning Commission
• Major Amendments
Major (substantial) modifications are amendments to exhibits or text that result in significant change to the intent of the Specific Plan. Examples of major amendments would be a significant increase in the maximum number of residential units or commercial area, a substantial modification in the amount of park/basin and school site or the general circulation system layout, or a modification which may cause significant environmental impact, or other issues to be determined by the Director or designee. Major modifications require a Specific Plan Amendment and shall be approve by the Planning Commission and City Council. Major amendments shall adhere to the following format:
o All amendments to the plan will include textual, graphic or other materials suitable to replace or augment the sections being modified in the amendment. The applicant must provide amendments to the text using a strike out and underline format and amendments to graphics using clouds and delta format. The graphic format and style of the original specific plan will be followed for ease of incorporation and consistency o Amendments to the Specific Plan may be subject to environmental analysis o Consistent with the provision of Government Code Section 65453, both the City Council and the Planning Commission will hold public hearings on any proposed amendment to the Specific Plan.
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24 3.3 Financing Strategy

3.3.1 Purpose
Financing for Fairview Village is provided as part of the Specific Plan, both in accordance with specific plan State Government Code requirements (Section 65451, item 4) and with City of Modesto Urban Area General Plan policy, which states that, “Each Comprehensive Plan should include a long-range financing strategy which provides reasonable estimate of the costs of on and off-site infrastructure to support the proposed development pattern. The strategy should generally address public facility funding, including schools for any development which serves to implement the subject Comprehensive Plan. If new public facilities are required which will also serve the broader community, the Comprehensive Plan should include options for broad-based funding mechanisms.”
On-site facilities are defined as being located within the property boundaries that define the Plan Area.

Off-site facilities are defined as being located outside the property lines that define the overall Plan Area.

These boundaries are described in the introductory section of the Plan.

A basic concept of the Specific Plan Financing Strategy is that infrastructure improvements are to be constructed in conjunction with new development. These infrastructures shall be sized according to identified future needs with compensation from property owners who will receive future benefit.

Infrastructure improvements necessary to support proposed new development are the responsibility of individual property owners and financing may include City and or County fees. In general, fees are understood to be both the City and County’s Facilities Fees (CFFs), Community Facilities District (CFDs), the County’s Public Facility Fees (PFF), as well as an allocated portion of School and building permit fees.

3.3.2. Community Facilities Districts
The City intends to create Community Facilities Districts (“CFDs”) or similar funding mechanism to fund construction and maintenance of backbone infrastructure, community facilities and possibly community services necessary to serve the Fairview Specific Plan Area. The purpose of this funding mechanism will be to ensure the City is collecting all funds necessary to construct and maintain the regional, backbone infrastructure and community facilities necessary to serve the Specific Plan Area. This CFD may include police and fire services as well. Subsequent documents shall establish the cost allocation and tax or fee structure for all properties within the Specific Plan area. It is the policy of the City Council that no new development may occur without forming or annexing to the applicable CFD(s) or other capital and maintenance funding mechanisms adopted by the City at the applicable rate(s), and by paying all applicable fees and taxes.

As a condition of approval for development of any parcel within the Specific Plan area, the property owner and/or developer shall be required to take all actions necessary to secure and establish a City Mello-Roos CFD for the Fairview Specific Plan for capital improvements and ongoing maintenance or, if said CFD has been established for the Kiernan Business Park Specific Plan, the property owner and/or developer shall take all actions reasonably necessary to annex its property to said CFD, which shall actually result in annexation of its property to said CFD at the tax rate for the zone of said CFD to which the property is ultimately annexed; or, alternatively, in the event a CFD is not formed or complete annexation of the property does not occur for any reason, the property owner and/or developer may provide a funding mechanism for said capital improvements and ongoing maintenance (and possibly police and fire services) to the same general standard as other similar capital improvements, ongoing #26..
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25 maintenance and community services financed by said CFD, subject to approval of the funding mechanism by the City, which approval shall not be unreasonably withheld. Payment of the CFD tax(es) shall be required prior to issuance of a building permit. Each parcel shall also be required to pay all CFF, sewer and water capacity charges and other development fees applicable to the property in accordance with City ordinances, resolutions, regulations, policies and procedures. It is essential to provide the necessary backbone infrastructure and community facilities at the earliest possible opportunity in order to ensure orderly development, mitigate potential traffic issues, and maintain appropriate service standards for the Specific Plan area. Debt financing in the CFD for the Specific Plan area may be considered for funding the construction of backbone infrastructure and community facilities necessary to serve the Specific Plan area. Developers of properties that proceed ahead of the infrastructure sequencing plan may be required to install and fund the costs of extending backbone infrastructure to their projects, subject to future reimbursement in accordance with the sequencing and prioritization contained in the CFD. Some developments may need to construct roads, sanitary sewer, water and storm drainage facilities through areas that remain undeveloped.

3.3.3 Capital Facilities Fees
Capital Facilities Fees pay for citywide improvements for streets, transit, police and fire facilities, parks, air quality, general government, and administration.

3.3.4 Water Fees
All development will be required to pay the City’s adopted water connection fees, which pay for major water facilities needed for the project.

3.3.5 Sewer Fees
There are several primary sewer fees that will apply to new development for the project’s fair share of sewer service. The Sewer Capacity Charge pays for the Wastewater Treatment Plant and sewer trunk system throughout the City. The Subtrunk Charge pays for the construction and maintenance of subtrunk lines. The Lateral Charge pays for specific sewer laterals that extend from the street or alley to the specific property.

3.3.6 Developer Installation
Developers are responsible to install the project infrastructure including street dedication and improvements within the Plan Area and those necessary off-site improvements. The size, location, and design of the project infrastructure will be determined at the time of Tentative Map, Final Development Plan and/or Administrative Final Development Plan approval. #26..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE FILING OF AN APPLICATION WITH THE

STANISLAUS LOCAL AGENCY FORMATION COMMISSION FOR THE
REORGANIZATION OF APPROXIMATELY 177.75 ACRES LOCATED EAST OF

CARPENTER ROAD AND NORTH OF WHITMORE AVENUE FOR ANNEXATION TO THE CITY OF MODESTO AND MODESTO SEWER DISTRICT NO. 1 AND SIMULTANEOUS DETACHMENT FROM THE WESTPORT AND BURBANKPARADISE FIRE PROTECTION DISTRICTS WHEREAS, Bava Family Farms is the owner of approximately 58.69 acres of real property, located east of Carpenter Road and north of Whitmore Avenue, about 88.98 acres is owned by other Bava-owned businesses, and the remaining approximately 30.08 acres of real property is owned by public agencies and individuals (“Property”), and WHEREAS, STL Company LLC (“Applicant”) has approval from Bava Family Farms to apply for entitlements on its property, and
WHEREAS, the City has received a request from the Applicant to initiate reorganization of the Property, a total of approximately 177.75 acres, for annexation to the City of Modesto and simultaneous detachment from the Westport and Burbank-Paradise Fire Protection Districts under the Cortese-Knox-Hertzberg Local Reorganization Act of 2000, California Government Code Section 56000, et seq., and
WHEREAS, the Resolution of Application is proposed pursuant to the Cortese-KnoxHertzberg Local Reorganization Act of 2000, California Government Code Section 56000, et seq, and
WHEREAS, the Property to be annexed is within Stanislaus County, is contiguous to the existing City limits, and is within the Sphere of influence of the City of Modesto as adopted by the Stanislaus Local Agency Formation Commission (LAFCO); and #26..
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WHEREAS, the Property proposed for reorganization is uninhabited as defined by Government Code Section 56079.5 (fewer than 12 registered voters), and a description of the boundaries of the subject Property is set forth in Exhibits “A” and “B”, attached hereto and by this reference incorporated herein, and
WHEREAS, the Property proposed for reorganization is within Stanislaus County, is contiguous to the existing City limits, and is within the Sphere of Influence of the City of Modesto as adopted by LAFCO, and
WHEREAS, the Property received a Measure M advisory vote in November 1997, and WHEREAS, the Property has been prezoned to Specific Plan, P-SP, and Low-Density Residential, P-R-1, with land use designations of Village Residential and Open Space, and WHEREAS, the proposed Property is not subject to a Williamson Act contract, and WHEREAS, the proposed Property is covered by the Master Tax Sharing Agreement that addresses tax sharing entered into between the County of Stanislaus and City of Modesto which was approved on April 5, 1983, and updated in 1996, and WHEREAS, pursuant to Government Code Section 56653, a plan for providing services is set forth in Exhibit “C”, attached hereto and by this reference incorporated herein, and WHEREAS, on December 20, 2021, City of Modesto Planning Commission held a duly noticed public hearing in the Chambers, Tenth Street Place, 1010 Tenth Street, Modesto, California, at which time both oral and documentary evidence were received and considered, and
WHEREAS, after said public hearing, the City of Modesto Planning Commission adopted Resolution No. 2021-23, recommending to the City Council that it adopt the #26..
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Resolution of Application for an reorganization to annex the Property to the City of Modesto, and
WHEREAS, said matter was set for public hearing of the City Council to be held on February 8, 2022, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, at which date and time said duly noticed public hearing of the Council was held for the purpose of receiving public comment on the proposed annexation.

NOW, THEREFORE, the Council of the City of Modesto hereby finds and determines as follows:

1. The requested reorganization will result in an orderly and logical addition of land to the City.

2. The property has been prezoned to P-SP, Specific Plan, and P-R-1, Low Density Residential.

3. The Property is located within Stanislaus County, within the City’s adopted Sphere of Influence, is contiguous to the existing City limits, and can be most efficiently served with City services.

4. The Property proposed to be annexed to the City of Modesto is uninhabited as defined by Government Code Section 56079.5 (fewer than 12 registered voters) and a description of the boundaries of the subject Property is set forth in Exhibits “A” and “B”, attached hereto and by this reference incorporated herein.

5. The Property is covered by the Master Tax Sharing Agreement for the sharing of property tax, sales tax, business and mill tax, and utility tax between the County of Stanislaus and City of Modesto which was approved April 5, 1983, and updated in 1996.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that it hereby adopts this Resolution Authorizing Application for reorganization to annex the Property to the City of Modesto and Modesto Sewer District No. 1 and simultaneously detach the Property from the Westport and Burbank-Paradise Fire Protection Districts. #26..
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BE IT FURTHER RESOLVED by the Council of the City of Modesto that this Resolution of Application includes annexation of the Property to the Modesto Sewer District No. 1.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that, pursuant to Government Code section 56653, the City Council submit the Plan for Services as set forth in Exhibit “C”, attached hereto and by this reference incorporated herein.

BE IT FURTHER RESOLVED that the project applicant shall indemnify, defend, and hold harmless the City of Modesto, its agents, officers, and employees from any and all claims, actions, or proceedings against the City of Modesto, its agents, officers, and employees to attack, set aside, void, or annul, any approval by the City of Modesto and its advisory agency, appeal board, or a legislative body concerning the reorganization for the Property. The City of Modesto shall promptly notify the applicant of any claim, action, or proceeding.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of February, 2022, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
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BY: ______________________________________
JOSE SANCHEZ, City Attorney

APPROVED AS TO LEGAL DESCRIPTION
BY: __________________________________________
Community & Economic Development Department
Planning Division
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EXHIBIT “A”

LEGAL DESCRIPTION
FAIRVIEW VILLAGE #2 REORGANIZATION

TO THE CITY OF MODESTO
Legal Description: Fairview Village #2 Reorganization
All that certain real property situate in the County of Stanislaus, State of California, being a portion of the West 1/2 of Section 7, and a portion of the North 1/2 of Section 18, Township 4 South, Range 9 East, and a portion of the northeast 1/4 of Section 13 and a portion of the East 1/2 of Section 12, Township 4 South, Range 8 East M.D. B & M, described as follows:

BEGINNING at a point South 00°17’30” East, 324.00 feet, from the northwest section corner of Section 7, Township 4 South, Range 9 East, said point being on the west line of said Section 7 and also being the most southerly corner of the McBride Addition recorded September 18, 1963 as Instrument Number 35382, Official Records Stanislaus County, thus commencing the following 40 courses:

1. South 62°07’35” East, 494.15 feet, along the centerline of the Tuolumne River;

2. South 52°35’59” East, 412.73 feet, along the centerline of the Tuolumne River;

3. South 63°51’06” East, 386.23 feet, along the centerline of the Tuolumne River;

4. South 73°51’56” East, 331.10 feet, along the centerline of the Tuolumne River, to the northwest corner of Modesto City Council Resolution No. 96-207;

5. South 00°05’30” West, 266.00 feet more or less to a point on the easterly line of Parcel ‘A’ as shown on the map recorded in Book 42 of Parcel Maps, Page 2, Stanislaus County Records, said point being on the southerly right-of-way line of a 90-foot-wide Hatch Road;

6. South 00°32’31” West, 1092.16 feet, along the east line of said Parcel ‘A’ and the westerly line of said Resolution No. 96-207;

7. North 89°51’19” West, 326.43 feet, leaving the east line of said Parcel ‘A’, continuing along the westerly line of said Resolution No. 96-207;
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8. South 00°15’01” East, 918.00 feet;

9. South 89°51’19” East, 975.00 feet to a point on the east line of Parcel ‘C’ of said Parcel Map, said east line being the westerly line of said Resolution No. 96-207;

10. South 00°15’01” East, 1132.00 feet, along the east line of said Parcel ‘C’ and the westerly line of said Resolution No. 96-207;

11. South 00°17’15” East, 877.58 feet, along the east line of said Parcel ‘C’ and the southerly continuation thereof, to the southwest corner of said Resolution No. 96-207, being a point on the north line of Parcel ‘A’ as shown on the map recorded in Book 31 of Parcel Maps, Page 78, Stanislaus County Records;

12. North 89°52’30” West, 690.25 feet, along north line of Parcel ‘A’ of said Book 31 of Parcel Maps, Page 78, to the west line of said Parcel ‘A’;

13. North 00°29’00” East, 35.00 feet, along said wester line, to a point on a line lying

20.00 feet southerly of and parallel with the centerline of Whitmore Avenue as shown on said Book 31 of Parcel Maps, Page 78;

14. North 89°52’30” West, 63.95 feet, along said parallel line, to the east line of Parcel 1 as shown on the map recorded in Book 26 of Parcel Maps, Page 12, Stanislaus County Records;

15. South 00°05’34” West, 30.00 feet, along said east line, to a point on the north line of said Parcel 1;

16. North 89°52’30” West, 148.00 feet, along said north line, to the west line of said Parcel 1;

17. North 00°05’34” East, 30.00 feet, along said west line, to a point on a line lying 20.00 feet southerly of and parallel with the centerline of said Whitmore Avenue;

18. North 89°52’30” West, 486.95 feet, along said parallel line, to the most easterly point of the land described in the document recorded May 8, 2018 as instrument number 2018- 0031482 official records of Stanislaus County;
Thence along the southerly line of said land the following three (3) courses:

19. South 84°15’39” West, 391.51 feet;
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20. North 89°52’30” West, 230.52 feet;

21. South 42°21’10” West, 38.65 feet to a point on a line lying 20.00 feet easterly of and parallel with centerline of Carpenter Road;

22. South 89°43’27” West, 80.00 feet, leaving said southerly line, to a point on the westerly line of the land described in the document recorded April 5, 2018 as instrument number 2018-0023460 official records of Stanislaus County;

23. North 39°48’24” West, 38.17 feet, along the southwesterly line of said land, to a point on the south line of said land, said south line lying 60.00 feet southerly of and parallel with the centerline line of said Whitmore Avenue;

24. North 02°25’04” West, 80.08 feet, leaving the southerly line of said land across said Whitmore Avenue, to a point on the southerly line of the 50.00 foot wide TID Canal described in Book 311, Page 103 official records of Stanislaus County;

25. North 67°37’29” East, 51.10 feet, along the southerly line of said 50.00 foot wide canal, to a point on a line lying 40.00 feet west of and parallel with the centerline of said Carpenter Road;

26. North 00°17’30” West, 53.96 feet, along said parallel line, to the northerly line of said

50.00 foot wide canal.

27. South 67°37’29” West, 21.58 feet, along said north line, to a point on a line lying

60.00 feet west of and parallel with the centerline line of said Carpenter Road, said line also being the westerly line of the dedicated right-of-way as described in the road deed recorded June 8, 2018 as instrument number 2018-0039639 official records of Stanislaus County;

28. North 00°17’30” West, 330.97 feet, along said parallel line;

29. North 03°34’04” East, 297.13 feet, leaving said parallel line and continuing along the westerly line of said land, to point on a line lying 40.00 feet west of and parallel with the centerline of said Carpenter Road, said line being the westerly line of said Carpenter Road; Thence along said westerly line the following twelve (12) courses:

30. North 00°17’30” West, 1,934.89 feet;

31. North 00°17’46” West, 329.67 feet;
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32. South 89°42’14” West, 5.00 feet;

33. North 00°17’46” West, 59.62 feet;

34. North 89°42’14” East, 5.00 feet;

35. North 00°17’46” West, 587.11 feet;

36. South 89°42’14” West, 5.00 feet;

37. North 00°17’46” West, 200.36 feet;

38. Northerly along a tangent curve having a radius of 5,955.00 feet, concave westerly, through a central angle of 01°54’33”, an arc distance of 198.43 feet;

39. North 02°11’54” West, 397.37 feet;

40. Northerly along a tangent curve having a radius of 6,045.00 feet, concave easterly, through central angle of 01°54’33”, an arc distance of 201.43 feet;

41. North 0°17’21” West, 282.11 feet;

42. North 52°32’31” West, 31.58 feet;

43. North 00°17’21” West 114.42 feet more or less, to a point on the centerline of the Tuolumne River, said point also being on the southerly line of the said McBride Addition described above;

44. South 54°06’44” East 111.55 feet, along the centerline of said River, to the POINT OF BEGINNING;
Containing 177.75 Acres more or less.

APNs:
056.026.001 056.026.012 056.026.033 056.028.010 056.028.014 056.026.006 056.026.031 056.026.034 056.028.012
056.026.007 056.026.032 056.027.009 056.028.013
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EXHIBIT “B”

MAP FOR LEGAL DESCRIPTION
FAIRVIEW VILLAGE #2 REORGANIZATION

TO THE CITY OF MODESTO

EXHIBIT “C”

PLAN FOR SERVICES
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FAIRVIEW VILLAGE #2 REORGANIZATION

TO THE CITY OF MODESTO
Background
The Fairview Village #2 Reorganization area consists of 13 parcels located east of Carpenter Road, north of Whitmore Avenue, and south of the Tuolumne River. Three of the parcels are owned by the City of Modesto and six of the parcels will eventually be developed. The remaining four parcels will eventually be part of Tuolumne River Regional Park. Including adjacent roadways rights of way, the annexation is 177.75 acres total. The proposed annexation area is prezoned P-SP and P-R-1.

The purpose of the annexation is to allow residential and commercial development on the parcels prezoned P-SP and to create a logical annexation boundary for the parcels prezoned PR-1. A Vesting Tentative Map application for residential has been filed and is being processed for 38.5 acres of the proposed annexation area.

Pursuant to Government Code Section 56653, the following Plan for Services to be extended to the affected territory has been prepared for the Fairview Village #2 Reorganization to the City of Modesto:

A. Project Area and Service Agreements

1. Traffic and Circulation: The annexation area is bounded by the City of Modesto to the north and east. Roadway dedication and improvements will be required along a portion of Carpenter Road as a condition of the Vesting Tentative Subdivision Map, but not as a condition of the annexation. There is currently no transit service to this area, but Modesto Area Express (MAX) is the most likely provider to extend service, as there are four routes within a mile of the site.

2. Waste Water Collection: There is an existing 10-inch line in St. Salazar Circle terminating adjacent to the proposed subdivision that will be extended to serve the area. Other lines will be extended as needed. The City’s Wastewater Treatment facilities have adequate capacity to serve this area when development is complete.

3. Water Delivery: There are several water mains in Hatch Road, Carpenter Road, and Whitmore Avenue. New development will take water from one of these, which will be extended by the project proponent to the development area. The City of Modesto has adequate water supply to serve the annexation area.
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4. Storm Water Drainage: Future residential development will be required to transport storm water to the central drainage basin.

5. Solid Waste Disposal: The annexation area is minimally developed and no need for urban waste disposal at this time. Following development, Gilton Waste Management will collect and dispose of solid waste from the site.

6. Fire Protection: The annexation area is primarily served by the Industrial Fire Protection District. However, Westport Fire Protection District’s boundary is the centerline of Whitmore Avenue and Burbank-Paradise Fire Protection District’s boundary is the centerline of Carpenter Road. These roadway segments will be detached from the fire protection districts. Industrial’s station is about 2 miles east of the site at 148 Imperial Avenue. Modesto Fire Department’s nearest station is at 420 Chicago Avenue, also about 2 miles northeast of the site. No adverse impacts on staffing or response times are expected to occur with this annexation.

7. Police Protection: Following annexation, the area will be served by Modesto Police Department. The police department has expressed no concerns about staffing or response times for this area.

B. Level and Range of Services
The City of Modesto is a full service provider of municipal services. The City will provide full services to the area upon annexation.

C. When Can Services Be Provided?
The services described above will be provided or available upon development. The project proponent will be required to construct some infrastructure prior to development in order to connect with the wastewater, water delivery, and stormwater collection systems.

D. Improvements Required as a Condition of Annexation
No improvements are required as a condition of annexation.

E. How Will Services Be Financed?
Capital facilities fees will be levied at the time building permits are issued. Funding for some services will be financed through utility and service fees, property tax revenues, and the general fund. Additionally, a new Community Facilities District will be established to address funding of some services. #26..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION FINDING THAT THE FOLLOWING SUBSEQUENT PROJECT IS

WITHIN THE SCOPE OF THE PROJECT COVERED BY THE MODESTO

URBAN AREA GENERAL PLAN MASTER ENVIRONMENTAL IMPACT
REPORT (SCH NO. 2014042081): GENERAL PLAN AMENDMENT FROM

COMMERCIAL TO VILLAGE RESIDENTIAL IN THE FAIRVIEW VILLAGE SPECIFIC PLAN, SPECIFIC PLAN AMENDMENT NO. 4, ANNEXATION OF 177.75 ACRES TO THE CITY OF MODESTO AND SIMULTANEOUS

DETACHMENT FROM WESTPORT AND BURBANK-PARADISE FIRE

PROTECTION DISTRICTS
WHEREAS, on March 5, 2019, by Resolution 2019-109, City Council of the City of Modesto certified the Final Master Environmental Impact Report (“Master EIR”) (SCH No. 2014042081) for the Modesto Urban Area General Plan, and WHEREAS, STL Company LLC, has proposed the General Plan Amendment to change the designation on approximately 23 acres in the Fairview Specific Plan area from C, Commercial, to VR, Village Residential; Amendment No. 4 to the Fairview Village Specific Plan to make the Specific Plan consistent with policies in the Urban Area General Plan, change the land use and circulation plans, and make other revisions; Fairview Village #2 Reorganization, consisting of annexation to the City of Modesto and the simultaneous detachment from the Westport and Burbank-Paradise Fire Protection Districts of 177.75 acres located east of Carpenter Road and north of Whitmore Avenue; and a Vesting Tentative Subdivision Map dividing 38.5 acres into 217 residential and 6 landscape lots, and
WHEREAS, pursuant to Section 21157.1 of the Public Resources Code, the City of Modesto’s Community & Economic Development Department prepared an Environmental Assessment Initial Study EA/C&ED 2021-31 (“Initial Study”) which analyzed whether the subsequent project may cause any significant effect #26..
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on the environment that was not examined in the Master EIR and whether the subsequent project was described in the Master EIR as being within the scope of the report, and WHEREAS, in accordance with CEQA guidelines beginning on January 12, 2022, the City caused to be published a 20-day notice of the City’s intent to make a finding that the subsequent project conforms with the Master EIR, and WHEREAS, said matter was considered by the City Council at a duly noticed public hearing which was held on February 8, 2022, at 5:30 p.m., in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council has reviewed and considered the Initial Study prepared for the proposed general plan amendment, specific plan amendment, annexation, and vesting tentative subdivision map, a copy of which is attached hereto as Exhibit “A”, and incorporated herein by reference, and based on substantial evidence in the Initial Study makes the following findings:

1. An Initial Study was prepared by the City of Modesto that analyzed whether the subsequent project may cause any significant effect on the environment that was not examined in the Master EIR and whether the subsequent project was described in the Master EIR as being within the scope of the report.

2. The subsequent project will have no additional significant effect on the environment, as defined in subdivision (d) of Section 21158 of the Public Resources Code, that was not identified in the Master EIR.

3. No new or additional mitigation measures or alternatives are required.

4. The subsequent project is within the scope of the project covered by the Master EIR.

5. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.
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BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Community & Economic Development Director is hereby authorized and directed to file a notice of approval or determination within five (5) business days with the Stanislaus County Clerk pursuant to Section 21152 of the Public Resources Code.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of February 2022, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________________
JOSE M. SANCHEZ, City Attorney
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EXHIBIT A
Initial Study
EA/C&ED 2021-31
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MOORE BIOLOGICAL CONSULTANTS
April 6, 2021
Mr. Patrick Tysell
Tim Lewis Communities
3500 Douglas Blvd., Suite 270
Roseville, CA. 95661
SUBJECT: “40+/- ACRE “FAIRVIEW VILLAGE” SITE, MODESTO,
CALIFORNIA: BIOLOGY DUE-DILIGENCE REVIEW
Dear Patrick:

Thank you for asking Moore Biological Consultants to assist with a biological resources due-diligence review of this 40+/- acre site in Modesto, Stanislaus County, California (Figures 1 and 2). The proposed acquisition consists of a block of almond orchards envisioned for residential development (see Site Plan in Attachment A). The review was conducted to identify any potentially significant biological resource obstacles to timely and cost-effective development on the site.

The work involved reviewing databases and available documents, conducting surveys to document habitats present in the site, and searching the site for potentially jurisdictional Waters of the U.S. or wetlands and suitable habitat for or presence of special-status species. This report details the methodology and results of our investigation.

Executive Summary
The site is a leveled field that has been farmed for decades and currently supports an almond orchard. Overall, the site is biologically unremarkable. No potentially jurisdictional Waters of the U.S. of wetlands were observed in the site.

10330 Twin Cities Road, Suite 30 • Galt, CA 95632
(209) 745–1159 • Fax (209) 745-7513
e-mail: [email protected]
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FIGURE 1

PROJECT VICINITY
Source: California State
Automobile Association
Moore Biological
Consultants 0 9 18
Miles
Project
Vicinity
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. 0 1,000 2,000
Feet
Figure 2
Map Date: 01/29/2021
USGS
C:\Users\owner\Documents\FEC_INC\Projects\Moore Biological\Fairview_Village\MXD\fairview_village_usgs_figure_2.mxd Moore Biological
Consultants City of Modesto, Stanislaus County, CA
Fairview Village
Source: USGS 7.5' Quadrangles

BRUSH LAKE, CA
Sedction: 7
Township: 04S
Range: 09E
Project Site
^_
Study Area
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Fairview Village: Biology 4 April 6, 2021
Due to a lack of suitable habitat, it is unlikely that special-status plants occur in the site. No special-status wildlife species were observed in the site or are expected to occur in the site on more than a very occasional or transitory basis.

The site is not within designated critical habitat of any federally listed species.

Methods
California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB, 2021) was searched prior to the field survey. The CNDDB search included the USGS 7.5-minute Salida, Riverbank, Brush Lake and Ceres topographic quadrangles, which encompass approximately 240 square miles surrounding the site. The United States Fish and Wildlife Service (USFWS) IPaC Trust Report of Federally Threatened and Endangered species that may occur in or be affected by projects in the project’s geographical area was also reviewed (Attachment B). This information was used to identify wildlife and plant species that have been previously documented in the project vicinity or have the potential to occur based on suitable habitat and geographical distribution. The USFWS online-maps of designated critical habitat were also downloaded.

An early morning field survey was conducted on February 3, 2021. The survey consisted of walking throughout the site making observations of site conditions and noting surrounding land use, general habitat types, and plant and wildlife species. The survey included an assessment of the site for presence or absence of potentially jurisdictional Waters of the U.S. (a term that includes wetlands) as defined by the U.S. Army Corps of Engineers (ACOE, 1987; 2008), special-status species, and suitable habitat for special-status species (e.g., blue elderberry shrubs, vernal pools). Additionally, trees in and near the site were assessed for the potential use by nesting raptors, especially Swainson’s hawk (Buteo swainsoni). The site was also searched for burrowing owls (Athene cunicularia) or ground squirrel burrows that could be utilized by burrowing owls. #26..
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Results
GENERAL SETTING: The project site is in Modesto, in Stanislaus County, California (Figure 1). The site is in Section 7, in Township 4 South, Range 9 East of the USGS 7.5-minute Brush Lake topographic quadrangle (Figure 2). The site is leveled and is at an elevation of approximately 70 feet above mean sea level.

The site consists of an almond orchard with a few farm roads separating the blocks of trees (Figure 3 and photographs in Attachment C). There is a small residence, barn, and a few other structures along the west edge of the site, fronting on Carpenter Road. The rows between the trees in the site are routinely mowed; vegetation in the site consisted of common ruderal species and recently sprouted grasses and weeds.

Land uses in this portion of Stanislaus County are primarily residential and agricultural. Carpenter Road borders the west edge of the site and Monticello Lane borders the east edge of the site. Saint Salazar Circle abuts the southeast part of the site. The north and south edges of the site are bordered by rows of orchard trees as the site boundary cuts through an existing larger orchard (see Figure 3). There is a residential subdivision and small park just east of the site and two larger ranchette-style parcels west of the site, across Carpenter Road.

VEGETATION: Habitats in the site are highly disturbed from intensive farming for decades and. The site appears to be periodically mowed and or/disked and supports ruderal grassland vegetation (see photographs in Attachment C). The California annual grassland series (Sawyer and Keeler-Wolf, 1995) best describes the vegetation in the site. Annual bluegrass (Poa annua) and ripgut brome (Bromus diandrus) are the dominant grasses in the site. Other grassland species such as Russian thistle (Salsola tragus), shepherd’s purse (Capsella bursa-pastoris), clasping henbit (Lamium amplexicaule), common mallow (Malva neglecta), and filaree (Erodium botrys) are intermixed with the grasses. Plant species observed in the site are listed in Table 1.
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S Carpenter Rd
Monticello Ln
Salazar Cir
Saint Sebastian Way
Saint Charlotte Ln
San Ramos Ct Saint Theresa Way
.
0 300 600
Feet
Figure 3
Map Date: 01/29/2021
Aerial Source: Google Earth (08/2019)
AERIAL
C:\Users\owner\Documents\FEC_INC\Projects\Moore Biological\Fairview_Village\MXD\fairview_village_aerial_figure_3.mxd Moore Biological
Consultants City of Modesto, Stanislaus County, CA
Fairview Village
Project Site
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TABLE 1

PLANT SPECIES OBSERVED IN THE SITE
Acmispon americanus Spanish lotus
Avena sp. oat
Bromus diandrus ripgut brome
Capsella bursa-pastoris shepherd’s purse
Cerastium glomeratum mouse ear chickweed
Erigeron bonariensis flax-leaved horseweed
Erigeron canadensis Canada horseweed
Erodium botrys long beak stork’s bill
Lamium amplexicaule clasping henbit
Leontodon saxatilis hawkbit
Malva neglecta common mallow
Poa annua annual bluegrass
Salsola tragus Russian thistle
Sonchus oleraceus common sowthistle
Urtica dioica stinging nettle
The only trees or shrubs within the project site beyond the almond trees within the orchard are a few ornamental species and fruit trees associated with the home site. There are several ornamental landscape trees associated with nearby residential subdivisions, larger home parcels, and associated with the park situated just east of the site. No blue elderberry (Sambucus nigra ssp. caerulea) shrubs were observed in or adjacent to the site.

WILDLIFE: Several bird species common to Stanislaus County were observed during the survey. American crow (Corvus brachyrhynchos), mourning dove (Zenaida macroura), California scrub jay (Aphelocoma californica), whitecrowned sparrow (Zonotrichia leucophrys), yellow-rumped warbler (Setophaga coronata), and Brewer’s blackbird (Euphagus cyanocephalus) are representative bird species observed in and near the site (Table 2).
#26..
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Fairview Village: Biology 8 April 6, 2021
TABLE 2

WILDLIFE SPECIES DOCUMENTED IN THE SITE
Birds
Great blue heron Ardea herodias
American kestrel Falco sparverius
Rock dove Columba livia
Mourning dove Zenaida macroura
Nuttall’s woodpecker Picoides nuttallii
California scrubjay Aphelocoma californica
Yellow-billed magpie Pica nuttalli
American crow Corvus brachyrhynchos
Ruby-crowned kinglet Regulus calendula
American robin Turdus migratorius
Northern mockingbird Mimus polyglottos
Cedar waxwing Bombycilla cedrorum
European starling Sturnus vulgaris
Yellow-rumped warbler Zonotrichia atricapilla
White crowned sparrow Zonotrichia leucophrys
Brewer’s blackbird Euphagus cyanocephalus
American goldfinch Spinus tristis
House sparrow Passer domesticus
The site contains orchard trees, a few of which are relatively large, that are potentially suitable for nesting by a variety of migratory birds, including raptors.

No large raptor stick nests were observed in the on-site trees. There are also several trees near the site that could potentially be used by nesting raptors. A remnant raptor stick nest was observed in a large tree associated with a residence approximately 200 feet west of the site. The nest was not occupied during the survey. Smaller birds, such as songbirds, likely nest in these trees within or adjacent to the site. A few common songbirds were observed perching #26..
- 933 -
Fairview Village: Biology 9 April 6, 2021
in trees and flying throughout the orchard trees during the field survey; none of these birds were exhibiting nesting behavior and no active nests were observed.

A few mammals common to urban and agricultural areas may occur on the project site on occasion. No mammals were observed in the site during the field survey. No California ground squirrel (Otospermophilus beecheyi) burrows were observed in or adjacent to the site. Common species such as desert cottontail (Sylvilagus audubonii), coyote (Canis latrans), raccoon (Procyon lotor), striped skunk (Mephitis mephitis), black-tailed hare (Lepus californicus), and Virginia opossum (Didelphis virginiana) may occur in the site on occasion.

Due to lack of suitable habitat, only a few amphibians and reptiles are expected to occur in the site and none were observed during the field survey. Common species such as Pacific chorus frog (Pseudacris regilla), western fence lizard (Sceloporus occidentalis), western skink (Eumeces skiltonianus), and western terrestrial garter snake (Thamnophis elegans) may occur on the site on occasion.

WATERS OF THE U.S. AND WETLANDS: Waters of the U.S., including wetlands, are broadly defined under 33 Code of Federal Regulations (CFR) 328 to include navigable waterways, their tributaries, and adjacent wetlands. State and federal agencies regulate these habitats and Section 404 of the Clean Water Act requires that a permit be secured prior to the discharge of dredged or fill materials into any waters of the U.S., including wetlands. Some jurisdictional waters of the U.S. also fall under the jurisdiction of CDFW and/or the California Regional Water Quality Control Board (RWQCB).
“Waters of the U.S.”, as defined in 33 CFR 328.4, encompasses Territorial Seas, Tidal Waters, and Non-Tidal Waters; Non-Tidal Waters includes interstate and intrastate rivers and streams, as well as their tributaries. The limit of federal jurisdiction of Non-Tidal Waters of the U.S. extends to the “ordinary high water mark”. The ordinary high water mark is established by physical characteristics #26..
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Fairview Village: Biology 10 April 6, 2021
such as a natural water line impressed on the bank, presence of shelves, destruction of terrestrial vegetation, or the presence of litter and debris.

Jurisdictional wetlands are vegetated areas that meet specific vegetation, soil, and hydrologic criteria defined by the ACOE Wetlands Delineation Manual and Regional Supplement (ACOE, 1987; 2008). Jurisdictional wetlands are usually adjacent to or hydrologically associated with Waters of the U.S. Isolated wetlands are outside federal jurisdiction, but may be regulated by RWQCB under the State Wetlands Program.

Jurisdictional wetlands and Waters of the U.S. include, but are not limited to, perennial and intermittent creeks and drainages, lakes, seeps, and springs; emergent marshes; riparian wetlands; and seasonal wetlands. Wetlands and Waters of the U.S. provide critical habitat components, such as nest sites and a reliable source of water, for a wide variety of wildlife species.

No potentially jurisdictional Waters of the U.S. and wetlands were observed in the site. Specifically, no vernal pools, seasonal wetlands, marshes, ponds, creeks, or lakes of any type were observed in the site. The body of the site has been leveled and farmed for decades. Soils appear well draining and the orchard floors support upland grasses and weeds. No areas within the project site meet the technical and regulatory criteria of jurisdictional Waters of the U.S. or wetlands. There are no areas within the site mapped as aquatic features in the National Wetland Inventory (NWI) (Attachment D).

SPECIAL-STATUS SPECIES: Special-status species are plants and animals that are legally protected under the state and/or federal Endangered Species Act or other regulations. The Federal Endangered Species Act (FESA) of 1973 declares that all federal departments and agencies shall utilize their authority to conserve endangered and threatened plant and animal species. The California Endangered Species Act (CESA) of 1984 parallels the policies of FESA and pertains to native California species.
#26..
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Fairview Village: Biology 11 April 6, 2021
Special-status species also include other species that are considered rare enough by the scientific community and trustee agencies to warrant special consideration, particularly with regard to protection of isolated populations, nesting or denning locations, communal roosts, and other essential habitat. The presence of species with legal protection under the Endangered Species Act often represents a constraint to development, particularly when the species are wide-ranging or highly sensitive to habitat disturbance and where proposed development would result in a take of these species.

Special-status plants are those which are designated rare, threatened, or endangered and candidate species for listing by the USFWS. Special-status plants also include species considered rare or endangered under the conditions of Section 15380 of the California Environmental Quality Act Guidelines, such as those plant species identified on Lists 1A, 1B and 2 in the Inventory of Rare and Endangered Vascular Plants of California by the California Native Plant Society (CNPS, 2021). Finally, special-status plants may include other species that are considered sensitive or of special concern due to limited distribution or lack of adequate information to permit listing or rejection for state or federal status, such as those included on List 3 in the CNPS Inventory.

The likelihood of occurrence of listed, candidate, and other special-status species in the work areas is generally low. Table 3 provides a summary of the listing status and habitat requirements of special-status species that have been documented in the greater project vicinity or for which there is potentially suitable habitat in the greater project vicinity. This table also includes an assessment of the likelihood of occurrence of each of these species in the site. The evaluation of the potential for occurrence of each species is based on the distribution of regional occurrences (if any), habitat suitability, and field observations.

SPECIAL-STATUS PLANTS: Heartscale (Atriplex cordulata), subtle orache (Atriplex subtilis), and prairie wedge grass (Sphenopholis obtusata) are the only special- #26..
- 936 -
TABLE 3

SPECIAL-STATUS PLANT AND WILDLIFE SPECIES DOCUMENTED IN THE GREATER PROJECT VICINITY Common
Name Scientific Name
Federal
Status1
State
Status1
CNPS
List2 Habitat Likeliness of Occurrence in the Project Site Fairview Village: Biology 12 April 6, 2021
PLANTS
Heartscale Atriplex
cordulata
None None 1B Valley and foothill grassland,
chenopod scrub; within areas
with alkaline or saline soils.

Unlikely: the orchard does not provide suitable habitat for heartscale; the upland grassland in the site is highly disturbed and routinely mowed. The nearest
occurrence of this species in the CNDDB (2021) search
area is approximately 9 miles southeast of the site.

Subtle orache Atriplex
subtilis
None None 1B Valley and foothill grassland,
in areas with alkaline soils.

Unlikely: the upland grassland in the site is disturbed and does not provide suitable habitat for subtle orache.

The nearest occurrence of this species in the CNDDB
(2021) search area is approximately 9 miles southeast
of the site.

Prairie wedge
grass
Sphenopholis
obtusata
None None 2B Cismontane woodland and
meadows and seeps.

Unlikely: The site does not provide suitable habitat for prairie wedge grass. The nearest occurrence of this
species in the CNDDB (2021) search area is
approximately 2.5 miles southwest of the site.

WILDLIFE
BIRDS
Tricolored
blackbird
Agelaius
tricolor
None T N/A Nests in dense brambles and
emergent wetland vegetation
associated with open water
habitat.

Unlikely: there is no suitable nesting habitat in or
adjacent in the site to support nesting tricolored
blackbird. The nearest occurrence of this species in the CNDDB (2021) search area is approximately 4.5 miles
southwest of the site.

Swainson’s
hawk
Buteo
swainsoni
None T N/A Breeds in stands of tall trees
in open areas. Requires
adjacent suitable foraging
habitats such as grasslands
or alfalfa fields supporting
rodents.

Low: larger orchard trees in the site and other large
trees in adjacent parcels are potentially suitable for
nesting Swainson’s hawks. There is a remnant raptor
stick nest in a tree approximately 200 feet west of the site that may be used by nesting Swainson’s hawks
during some years. The orchard does not provide
suitable Swainson’s hawk foraging habitat. The nearest
occurrence of nesting Swainson’s hawks in the CNDDB
(2021) search area is approximately 5 miles northeast
of the site.
#26..
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TABLE 3

SPECIAL-STATUS PLANT AND WILDLIFE SPECIES DOCUMENTED IN THE GREATER PROJECT VICINITY Common
Name Scientific Name
Federal
Status1
State
Status1
CNPS
List2 Habitat Likeliness of Occurrence in the Project Site Fairview Village: Biology 13 April 6, 2021
Burrowing
owl
Athene
cunicularia
None SC N/A Open, dry annual or
perennial grasslands, deserts
and scrublands characterized
by low-growing vegetation.

Unlikely: no ground squirrel burrows were observed in
or adjacent to the project site and this species is not known to occur in large numbers in this part of
Stanislaus County. The nearest occurrence of this
species in the CNDDB (2021) search area is
approximately 7 miles west of the site.

MAMMALS
Townsend's
big-eared bat
Corynorhinus
townsendii
None SC N/A Desert scrub, mixed conifer
forest, and pinyon-juniper or
pine forest; primarily roosts in
caves, mines and buildings.

Unlikely: the site does not contain suitable roosting
habitat for this species. The nearest occurrence of
Townsend's big-eared bat in the CNDDB (2021) search
area is approximately 7 miles northeast of the site.

REPTILES & AMPHIBIANS
Giant garter
snake
Thamnophis
gigas
T T N/A Freshwater marsh and low
gradient streams; adapted to
drainage canals and irrigation
ditches, primarily for
dispersal or migration.

Unlikely: the site does not provide suitable habitat for giant garter snake, which is not known from the area.

There are no occurrences of this species in the
CNDDB (2021) search area.

California
tiger
salamander
Ambystoma
californiense
T T N/A Breeds in seasonal water
bodies such as deep vernal
pools or stock ponds.

Requires small mammal
burrows for summer refugia.

Unlikely: there is no breeding habitat for California tiger salamander in or near the site. The nearest occurrence
of this species in the CNDDB (2021) search area is
approximately 7 miles northwest of the site. The site is not within an area designated critical habitat for this species (USFWS, 2005a).

California
red-legged
frog
Rana aurora
draytonii
T SC N/A Lowlands and foothills in or
near permanent sources of
water with vegetation.

Unlikely: there is no suitable aquatic habitat for
California red-legged frog in or near the site. California red-legged frog is not known from the area and there
are no occurrences of this species in the CNDDB
(2021) search area. The site is not in designated for
this species (USFWS, 2006).
#26..
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TABLE 3

SPECIAL-STATUS PLANT AND WILDLIFE SPECIES DOCUMENTED IN THE GREATER PROJECT VICINITY Common
Name Scientific Name
Federal
Status1
State
Status1
CNPS
List2 Habitat Likeliness of Occurrence in the Project Site Fairview Village: Biology 14 April 6, 2021
Northern
California
legless lizard
Anniella
pulchra
None SC N/A Sandy or loose loamy soils
under sparse vegetation.

Unlikely: the site does not provide habitat for this
species. The nearest occurrence of northern California
legless lizard in the CNDDB (2021) search area is
approximately 10.5 miles northeast of the site.

FISH
Delta smelt Hypomesus
transpacificus
T T N/A Shallow lower delta
waterways with submersed
aquatic plants and other
suitable refugia.

None: there is no suitable aquatic habitat for delta
smelt in or near the site. There are no occurrences of
delta smelt recorded in the CNDDB (2021) within the
search area. There is no designated critical habitat for delta smelt (USFWS, 1994) in or near the site.

Hardhead Mylopharodon
conocephalus
None SC N/A Clear, deep pools with sand
and gravel bottoms in
tributaries to the San Joaquin
and Sacramento River.

None: there is no aquatic habitat for the hardhead in
the site. The nearest occurrence of hardhead in the
CNDDB (2021) search area is just north of the site
within the Tuolumne River.

Central
Valley
steelhead
Oncorhynchus
mykiss
T None N/A Riffle and pool complexes
with adequate spawning
substrates within Central
Valley drainages.

None: there is no aquatic habitat in the site to support Central Valley steelhead. The nearest occurrence of
Central Valley steelhead in the CNDDB (2021) search
is just north of the site within the Tuolumne River.

INVERTEBRATES
Vernal pool
tadpole
shrimp
Lepidurus
packardi
E None N/A Vernal pools and seasonally
wet depressions within the
Central Valley.

None: there are no vernal pools or seasonal wetlands
in the site. The nearest occurrence of vernal pool
tadpole shrimp in the CNDDB (2021) search area is
approximately 9.5 miles northwest of the site. The site is not within designated critical habitat for this species (USFWS, 2005b).

Vernal pool
fairy shrimp
Branchinecta
lynchi
T None N/A Vernal pools and seasonally
inundated depressions in the
Central Valley.

None: there are no vernal pools or seasonal wetlands
in the site. The nearest occurrence of vernal pool fairy shrimp in the CNDDB (2021) search area is
approximately 8 miles west of the site. The site is not within designated critical habitat for this species
(USFWS, 2005b).
#26..
- 939 -
TABLE 3

SPECIAL-STATUS PLANT AND WILDLIFE SPECIES DOCUMENTED IN THE GREATER PROJECT VICINITY Common
Name Scientific Name
Federal
Status1
State
Status1
CNPS
List2 Habitat Likeliness of Occurrence in the Project Site Fairview Village: Biology 15 April 6, 2021
Valley
elderberry
longhorn
beetle
Desmocerus
californicus
dimorphus
T None N/A Elderberry shrubs in the
Central Valley and
surrounding foothills
None: there are no blue elderberry shrubs in or
adjacent to the site. The nearest occurrence of valley
elderberry longhorn beetle recorded in the CNDDB
(2021) search area is mapped nonspecifically around
the City of Modesto and is noted to occur in areas
along the Tuolumne River.

Crotch
bumble bee
Bombus
crotchiii
N CE N/A Open grassland and scrub
habitats throughout
California; rarely found in the
Central Valley.

Unlikely: the site does not provide high quality habitat to support Crotch bumble bee. The nearest occurrence
of this species in the CNDDB (2021) search area is a
large area mapped nonspecifically around the City of
Modesto.

Notes:
1 T= Threatened; E = Endangered; R = Rare; CE = Candidate Endangered; SC = Species of Special Concern per California Department of Fish and Wildlife.
2 CNPS List 1B includes species that are rare, threatened, or endangered in California and elsewhere. #26..
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Fairview Village: Biology 16 April 6, 2021
status plants identified in the CNDDB (2021) search. No additional special-status species are identified in the USFWS IPaC Trust Report (Attachment B).

Special-status plants generally occur in relatively undisturbed areas in vegetation communities such as vernal pools, marshes and swamps, seasonal wetlands, riparian scrub, and areas with unusual soils. All of the special-status plants identified in Table 3 occur in habitat types that do not occur in the site. The site contains ruderal grassland species that is routinely disked, mowed, and/or sprayed; the site has been historically farmed for decades and is not suitable for special-status plants. No special-status plants or potentially suitable habitat for special-status plants were observed in the site. Due to lack of suitable habitat, it is unlikely that special-status plants occur in the site.

SPECIAL-STATUS WILDLIFE: Special-status wildlife species recorded in project area in the CNDDB (2021) query include Swainson’s hawk, tricolored blackbird (Agelaius tricolor), burrowing owl, Townsend’s big-eared bat (Corynorhinus townsendii), northern California legless lizard (Anniella pulchra), California tiger salamander (Ambystoma californiense), Central valley steelhead (Oncorhynchus mykiss), hardhead (Mylopharodon conocephalus), valley elderberry longhorn beetle (Desmocerus californicus dimorphus), vernal pool tadpole shrimp (Lepidurus packardi), vernal pool fairy shrimp (Branchinecta lynchi), and Crotch bumble bee (Bombus crotchii).

California red-legged frog (Rana aurora draytonii), giant garter snake (Thamnophis gigas), delta smelt (Hypomesus transpacificus), are not recorded in the CNDDB (2021) within the search area, but are on the USFWS IPaC Trust Report (Attachment B).

While the project site may have provided habitat for several of the special-status wildlife species listed in Table 3 at some time in the past, intensive farming and development have substantially modified natural habitats in the greater project vicinity, including those in the site. Swainson’s hawk is the only species identified #26..
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Fairview Village: Biology 17 April 6, 2021
in the CNDDB that has much potential to occur in the site on more than a transitory or very occasional basis and is discussed below.

SWAINSON’S HAWK: The Swainson’s hawk is a migratory hawk listed by the State of California as a Threatened species. The Migratory Bird Treaty Act and Fish and Game Code of California protect Swainson’s hawks year-round, as well as their nests during the nesting season (March 1 through September 15).

Swainson’s hawk are found in the Central Valley primarily during their breeding season, a population is known to winter in the San Joaquin Valley.

Swainson's hawks prefer nesting sites that provide sweeping views of nearby foraging grounds consisting of grasslands, irrigated pasture, hay, and wheat crops. Orchards and vineyards are not suitable for foraging. Most Swainson's hawks are migratory, wintering in Mexico and breeding in California and elsewhere in the western United States. This raptor generally arrives in the Central Valley in mid-March, and begins courtship and nest construction immediately upon arrival at the breeding sites. The young fledge in early July, and most Swainson's hawks leave their breeding territories by late August.

The CNDDB (2021) contains a few records of nesting Swainson’s hawk in the greater project vicinity with the nearest being approximately 5 miles northeast of the project site. While the orchard does not provide suitable Swainson’s hawk foraging habitat, annual cropland and grasslands in the region provide suitable foraging habitat for this species.

A majority of the orchard trees in the site are mature and could potentially be large enough to support nesting raptors, including Swainson’s hawks. However, it is more likely Swainson’s hawks would choose to nest in larger non-orchard trees in the project vicinity that are in closer proximity to foraging areas. There are a few potential nest trees in the site and in close proximity to the site that could potentially be suitable for nesting Swainson’s hawks and a remnant raptor #26..
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Fairview Village: Biology 18 April 6, 2021
stick nest in a tree approximately 200 feet west of the site associated with a residence.

OTHER SPECIAL-STATUS SPECIES: Other special-status birds including tricolored blackbird and burrowing owl may fly over the site on occasion, but would not be expected to nest within the project site. No ground squirrel burrows were observed in or adjacent to the site and burrowing owls are not known to occur in high densities in this part of Stanislaus County.

There is no suitable rooting habitat in the site to support Townsend’s big-eared bat as this species primarily roosts in caves or developed forest environments.

The ruderal grassland in the site does not provide suitable habitat for northern California legless lizard. The site does not provide suitable aquatic habitat for any type of fish, giant garter snake, California red-legged frog, and California tiger salamander. There are no vernal pools or seasonal wetlands in the site for vernal pool branchiopods (i.e., fairy and tadpole shrimp). No blue elderberry shrubs were observed in the site, precluding the presence of valley elderberry longhorn beetle. The site lacks the floristic requirements to support Crotch bumble bee, which also rarely occurs in the Central Valley.

CRITICAL HABITAT: The site is not in designated critical habitat for any specialstatus plant, California red-legged frog (USFWS, 2006), federally listed vernal pool shrimp or plants (USFWS, 2005a), California tiger salamander (USFWS, 2005b), valley elderberry longhorn beetle (USFWS, 1980), delta smelt (USFWS, 1994), or Central Valley steelhead (NOAA, 2005) (Attachment E).

Conclusions and Recommendations
• The site consists of dense orchard trees and highly disturbed grassland that has been subject to routine mowing, disking, and/or spraying. On-site habitats are biologically unremarkable.
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Fairview Village: Biology 19 April 6, 2021
• No potentially jurisdictional wetlands or Waters of the U.S. were observed in the site.
• Due to a lack of suitable habitat, it is unlikely that special-status plants occur in the site.
• The site does not provide suitable Swainson’s hawk foraging habitat. The project will not result in the conversion of Swainson’s hawk foraging habitat and will not contribute to a cumulative loss of Swainson’s hawk foraging habitat.
• Swainson’s hawk is the only special-status species with potential to occur in the site on more than a transitory or occasional basis. Although no evidence of this species was observed in the site, Swainson’s hawks could establish nesting territories within the site or in adjacent habitats. • A pre-construction survey for nesting Swainson’s hawks within 0.25 miles of the project site is recommended if construction commences between March 1 and September 15. If active nests are found, a qualified biologist should determine the need (if any) for temporal restrictions on construction. The determination should utilize criteria set forth by CDFW (CDFG, 1994).
• Trees and grasslands in the site could be used by birds protected by the Migratory Bird Treaty Act of 1918. If vegetation removal or construction commences during the general avian nesting season (March 1 through July 31), a pre-construction survey for all species of nesting birds is recommended. If active nests are found, work in the vicinity of the nests should be delayed until the young fledge
• The site is not within designated critical habitat for any federally listed species.
#26..
- 944 -
#26..
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Fairview Village: Biology 21 April 6, 2021
National Oceanic and Atmospheric Administration (NOAA). 2005. Endangered and Threatened Species; Designation of Critical Habitat for Seven Evolutionarily Significant Units of Pacific Salmon and Steelhead in California; Final Rule.

Federal Register 70 (170): 52488-52585. September 2, 2005.

Sawyer, J.O. and T. Keeler-Wolf. 1995. A Manual of California Vegetation.

California Native Plant Society, Sacramento. California.

USFWS (United States Fish and Wildlife Service). 1980. Part II, Department of the Interior, Fish and Wildlife Service. 50 CFR Part 17. Listing the Valley Elderberry Longhorn Beetle as a Threatened Species with Critical Habitat.

Federal Register 45 No. 155, pp. 52803-52807, August 8.

USFWS. 1994. Final Critical Habitat for the Delta Smelt (Hypomesus transpacificus). Federal Register Vol. 59, No. 242, December 19, 1994, pp. 65256 – 65279.

USFWS. 2005a. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the California Tiger Salamander, Central Population; Final Rule. Federal Register Vol. 70, No. 162, August 23, 2005, pp. 49390 – 49458.

USFWS. 2005b. Part II, Department of the Interior, Fish and Wildlife Service. 50 CFR Part 17: Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants in California and Southern Oregon; Evaluation and Economic Exclusions from August 2003 Final Designation, Final Rule. Federal Register Vol. 70, No. 154, August 11.

USFWS. 2006. Part II, Department of the Interior, Fish and Wildlife Service. 50 CFR Part 17: Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for California Red-Legged Frog, and Special Rule Exemption Associated with Final Listing for Existing Routine Ranching Activities, Final Rule.

Federal Register Vol. 71, No. 71, April 13.

USFWS. 2017. Framework for Assessing Impacts to the Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus). U.S. Fish and Wildlife Service; Sacramento, California. 28pp.
#26..
- 946 -
Attachment A
Site Plan
#26..
- 947 -
odellengineering.com
1165 Scenic Drive, Suite A
Modesto, CA 95350

FAIRVIEW VILLAGE
MODESTO, CALIFORNIA 1 Know what'sbelow. Callbefore you dig. R 1 PRELIMINARY LAYOUT PHASE 1 0 40 80 160 SCALE: 1" = 80' LEGEND #26..
- 948 -
Attachment B
CNDDB Summary Report and Exhibits
& USFWS IPaC Trust Resource Report
#26..
- 949 -
Species Element Code Federal Status State Status Global Rank State Rank Rare Plant
Rank/CDFW
SSC or FP
Agelaius tricolor
tricolored blackbird
ABPBXB0020 None Threatened G2G3 S1S2 SSC
Ambystoma californiense
California tiger salamander
AAAAA01180 Threatened Threatened G2G3 S2S3 WL
Anniella pulchra
Northern California legless lizard
ARACC01020 None None G3 S3 SSC
Ardea herodias
great blue heron
ABNGA04010 None None G5 S4
Athene cunicularia
burrowing owl
ABNSB10010 None None G4 S3 SSC
Atriplex cordulata var. cordulata
heartscale
PDCHE040B0 None None G3T2 S2 1B.2
Atriplex subtilis
subtle orache
PDCHE042T0 None None G1 S1 1B.2
Bombus caliginosus
obscure bumble bee
IIHYM24380 None None G4? S1S2
Bombus crotchii
Crotch bumble bee
IIHYM24480 None Candidate
Endangered
G3G4 S1S2
Branchinecta lynchi
vernal pool fairy shrimp
ICBRA03030 Threatened None G3 S3
Branta hutchinsii leucopareia
cackling (=Aleutian Canada) goose
ABNJB05035 Delisted None G5T3 S3 WL
Buteo swainsoni
Swainson's hawk
ABNKC19070 None Threatened G5 S3
Corynorhinus townsendii
Townsend's big-eared bat
AMACC08010 None None G3G4 S2 SSC
Desmocerus californicus dimorphus
valley elderberry longhorn beetle
IICOL48011 Threatened None G3T2 S3
Egretta thula
snowy egret
ABNGA06030 None None G5 S4
Gonidea angulata
western ridged mussel
IMBIV19010 None None G3 S1S2
Lepidurus packardi
vernal pool tadpole shrimp
ICBRA10010 Endangered None G4 S3S4
Lytta moesta
moestan blister beetle
IICOL4C020 None None G2 S2
Mylopharodon conocephalus
hardhead
AFCJB25010 None None G3 S3 SSC
Oncorhynchus mykiss irideus pop. 11
steelhead - Central Valley DPS
AFCHA0209K Threatened None G5T2Q S2
Sphenopholis obtusata
prairie wedge grass
PMPOA5T030 None None G5 S2 2B.2
Record Count: 21
Report Printed on Monday, January 25, 2021
Commercial Version -- Dated January, 1 2021 -- Biogeographic Data Branch Page 2 of 2 Information Expires 7/1/2021
Selected Elements by Scientific Name
California Department of Fish and Wildlife
California Natural Diversity Database
Query Criteria: Quad<span style='color:Red'> IS </span>(Salida (3712161)<span style='color:Red'> OR </span>Riverbank (3712068)<span style='color:Red'> OR </span>Brush Lake (3712151)<span style='color:Red'> OR </span>Ceres (3712058)) #26..
- 950 -
heartscale
heartscale
subtle orache
lesser saltscale
alkali milk-vetch
Delta button-celery
California alkali grass
vernal pool smallscale
prairie wedge grass
alkali-sink goldfields
alkali-sink goldfields
obscure bumble bee Crotch bumble bee
valley elderberry longhorn beetle moestan blister beetle tricolored blackbird
tricolored blackbird
tricolored blackbird
tricolored blackbird
hardhead
prairie falcon
steelhead - Central Valley DPS
moestan blister beetle
western ridged mussel
steelhead - Central Valley DPS
Crotch bumble bee
steelhead - Central Valley DPS
cackling (=Aleutian Canada) goose
cackling (=Aleutian Canada) goose
tricolored blackbird
Swainson's hawk
tricolored blackbird
tricolored blackbird
cackling (=Aleutian Canada) goose
tricolored blackbird
western ridged mussel
California tiger salamander
Swainson's hawk
snowy egret
hoary bat
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
tricolored blackbird
valley elderberry longhorn beetle
valley elderberry longhorn beetle
cackling (=Aleutian Canada) goose
burrowing owl
Swainson's hawk
Sacramento splittail
song sparrow ("Modesto" population)
vernal pool fairy shrimp
hardhead
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
Swainson's hawk
western pond turtle
Townsend's big-eared bat
Northern California legless lizard
valley elderberry longhorn beetle
CERES
SALIDA
HATCH

RIVERBANK

BRUSH LAKE

CROWS LANDING
AVENA
RIPON

ESCALON
DENAIR

WATERFORD

TURLOCK

MANTECA OAKDALE
CNDDB
Fairview Village
City of Modesto, Stanislaus County, CA
Map Date: 01/29/2021; Source: CDFW
± 0 1 2
Miles
Project Site
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https://ecos.fws.gov/ipac/location/A32R7IYEOJFUZH4KTDSSXUYYWI/resources 1/11 IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly aected by activities in the project area. However, determining the likelihood and extent of eects a project may have on trust resources typically requires gathering additional sitespecic (e.g., vegetation/species surveys) and project-specic (e.g., magnitude and timing of proposed activities) information.

Below is a summary of the project information you provided and contact information for the USFWS oce(s) with jurisdiction in the dened project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section.

Location
Stanislaus County, California
Local oce
Sacramento Fish And Wildlife Oce
 (916) 414-6600
 (916) 414-6713
Federal Building
2800 Cottage Way, Room W-2605
Sacramento, CA 95825-1846
IPaC U.S. Fish & Wildlife Service
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https://ecos.fws.gov/ipac/location/A32R7IYEOJFUZH4KTDSSXUYYWI/resources 2/11 Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project level impacts.

The primary information used to generate this list is the known or expected range of each species.

Additional areas of inuence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly aected by activities in that area (e.g., placing a dam upstream of a sh population even if that sh does not occur at the dam site, may indirectly impact the species by reducing or eliminating water ow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential eects to species, additional site-specic and projectspecic information is often required.

Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local oce and a species list which fullls this requirement can only be obtained by requesting an ocial species list from either the Regulatory Review section in IPaC (see directions below) or from the local eld oce directly.

For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an ocial species list by doing the following:

1. Draw the project location and click CONTINUE.

2. Click DEFINE PROJECT.

3. Log in (if directed to do so).

4. Provide a name and description for your project.

5. Click REQUEST SPECIES LIST.

Listed species and their critical habitats are managed by the Ecological Services Program of the U.S.

Fish and Wildlife Service (USFWS) and the sheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ).

Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list.

Please contact NOAA Fisheries for species under their jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ).

2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an oce of the National Oceanic and Atmospheric Administration within the Department of Commerce.

The following species are potentially aected by activities in this location:

Reptiles
1 2

NAME STATUS
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https://ecos.fws.gov/ipac/location/A32R7IYEOJFUZH4KTDSSXUYYWI/resources 3/11 Amphibians
Fishes
Insects
Crustaceans
Giant Garter Snake Thamnophis gigas
Wherever found
No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/4482
Threatened

NAME STATUS
California Red-legged Frog Rana draytonii
Wherever found
There is nal critical habitat for this species. The location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/2891
Threatened
California Tiger Salamander Ambystoma californiense
There is nal critical habitat for this species. The location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/2076
Threatened

NAME STATUS
Delta Smelt Hypomesus transpacicus
Wherever found
There is nal critical habitat for this species. The location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/321
Threatened

NAME STATUS
Valley Elderberry Longhorn Beetle Desmocerus californicus dimorphus
Wherever found
There is nal critical habitat for this species. The location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/7850
Threatened

NAME STATUS
Vernal Pool Fairy Shrimp Branchinecta lynchi
Wherever found
There is nal critical habitat for this species. The location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/498
Threatened
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https://ecos.fws.gov/ipac/location/A32R7IYEOJFUZH4KTDSSXUYYWI/resources 4/11 Critical habitats
Potential eects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.

THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.

Migratory birds
The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below.

This is not a list of every bird you may nd in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur o the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your Vernal Pool Tadpole Shrimp Lepidurus packardi
Wherever found
There is nal critical habitat for this species. The location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/2246
Endangered
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act .

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918.

2. The Bald and Golden Eagle Protection Act of 1940.

Additional information can be found using the following links:

Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php
Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php
Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf 1 2
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https://ecos.fws.gov/ipac/location/A32R7IYEOJFUZH4KTDSSXUYYWI/resources 5/11 list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

NAME BREEDING SEASON (IF A

BREEDING SEASON IS INDICATED

FOR A BIRD ON YOUR LIST, THE

BIRD MAY BREED IN YOUR

PROJECT AREA SOMETIME WITHIN

THE TIMEFRAME SPECIFIED,

WHICH IS A VERY LIBERAL

ESTIMATE OF THE DATES INSIDE

WHICH THE BIRD BREEDS ACROSS
ITS ENTIRE RANGE. "BREEDS
ELSEWHERE" INDICATES THAT THE

BIRD DOES NOT LIKELY BREED IN
YOUR PROJECT AREA.)
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in oshore areas from certain types of development or activities.
https://ecos.fws.gov/ecp/species/1626
Breeds Jan 1 to Aug 31
Lawrence's Goldnch Carduelis lawrencei
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9464
Breeds Mar 20 to Sep 20
Nuttall's Woodpecker Picoides nuttallii
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9410
Breeds Apr 1 to Jul 20
Oak Titmouse Baeolophus inornatus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9656
Breeds Mar 15 to Jul 15
Rufous Hummingbird selasphorus rufus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8002
Breeds elsewhere
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https://ecos.fws.gov/ipac/location/A32R7IYEOJFUZH4KTDSSXUYYWI/resources 6/11 Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey eort (see below) can be used to establish a level of condence in the presence score. One can have higher condence in the presence score if the corresponding survey eort is also high.

Short-billed Dowitcher Limnodromus griseus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9480
Breeds elsewhere
Song Sparrow Melospiza melodia
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA
Breeds Feb 20 to Sep 5
Spotted Towhee Pipilo maculatus clementae
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/4243
Breeds Apr 15 to Jul 20
Whimbrel Numenius phaeopus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9483
Breeds elsewhere
Willet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds elsewhere
Wrentit Chamaea fasciata
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Mar 15 to Aug 10
Yellow-billed Magpie Pica nuttalli
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9726
Breeds Apr 1 to Jul 31
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https://ecos.fws.gov/ipac/location/A32R7IYEOJFUZH4KTDSSXUYYWI/resources 7/11 How is the probability of presence score calculated? The calculation is done in three steps:

1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.

2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is

0.05/0.25 = 0.2.

3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score.

To see a bar's probability of presence score, simply hover your mouse cursor over the bar.

Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Eort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

To see a bar's survey eort range, simply hover your mouse cursor over the bar.

No Data ( )
A week is marked as having no data if there were no survey events for that week.

Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas o the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.

Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.

Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the migratory birds potentially occurring in my specied location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. #26..
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https://ecos.fws.gov/ipac/location/A32R7IYEOJFUZH4KTDSSXUYYWI/resources 8/11 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and ltered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identied as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to oshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specied location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or yearround), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specied. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacic Islands, Puerto Rico, and the Virgin Islands);

2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and

3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in oshore areas from certain types of development or activities (e.g. oshore energy development or longline shing).

Although it is important to try to avoid and minimize impacts to all birds, eorts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially aected by oshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area o the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also oers data and information about other taxa besides birds that may be helpful to you in your project review.

Alternately, you may download the bird model results les underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.
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https://ecos.fws.gov/ipac/location/A32R7IYEOJFUZH4KTDSSXUYYWI/resources 9/11 Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.

What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern.

To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specied location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey eort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey eort is the key component. If the survey eort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey eort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to conrm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be conrmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page.

Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS AT THIS LOCATION.

Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.

Wetlands in the National Wetlands Inventory
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https://ecos.fws.gov/ipac/location/A32R7IYEOJFUZH4KTDSSXUYYWI/resources 10/11 Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes.

For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

This location overlaps the following wetlands:

Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.

Wetlands are identied based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classication established through image analysis.

The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verication work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or eld work. There may be occasional dierences in polygon boundaries or classications between the information depicted on the map and the actual conditions on site.

Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tubercid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery.

Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may dene and describe wetlands in a dierent manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to dene the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or

FRESHWATER FORESTED/SHRUB WETLAND
PFOA

FRESHWATER POND
PUBK

RIVERINE
R2UBH
A full description for each wetland code can be found at the National Wetlands Inventory website #26..
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Attachment C
Photographs
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MOORE BIOLOGICAL
Row of almond trees in the body of the site, looking south from the north part of the site; 02/03/21. The orchard does not provide suitable foraging habitat for Swainson's hawks.

Farm road in the south part of the site, looking west from the southeast part of the site; 02/03/21.
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MOORE BIOLOGICAL
South edge of the site, looking east from the southwest corner of the site; 02/03/21.

Southeast part of the site where Saint Salazar Circle will be extended further southwest and incorporated into the new subdivision, looking southwest; 02/03/21. #26..
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MOORE BIOLOGICAL
East edge of the site, looking south along Monticello Lane from the northeast corner of the site.

East edge of the site, looking north from the southeast part of the site; 02/03/21. #26..
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MOORE BIOLOGICAL
North edge of the site, looking east from the northwest corner of the site; 02/03/21.

West edge of the site, looking north along Carpenter Road from the southwest corner of the site; 02/03/21.
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MOORE BIOLOGICAL
Residence and a few small structures in the southwest part of the site, looking northwest; 02/03/21.
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Attachment D
National Wetland Inventory Map
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Fairview Village
Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Wetlands
Estuarine and Marine Deepwater
Estuarine and Marine Wetland
Freshwater Emergent Wetland
Freshwater Forested/Shrub Wetland
Freshwater Pond
Lake
Other
Riverine
January 25, 2021
0 0.05 0.1 0.2 mi
0 0.075 0.15 0.3 km
1:6,944
This page was produced by the NWI mapper
National Wetlands Inventory (NWI)
This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site.
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Attachment E
Designated Critical Habitat
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AVENA
HATCH
CERES

RIPON SALIDA
DENAIR

ESCALON

WESTLEY

MANTECA

TURLOCK

RIVERBANK

OAKDALE

BRUSH LAKE

PATTERSON

WATERFORD

CROWS LANDING

ORESTIMBA PEAK NEWMAN GUSTINE STEVINSON

STOCKTON EAST PETERS FARMINGTON BACHELOR VALLEY

CRITICAL HABITAT
Fairview Village
City of Modesto, Stanislaus County, CA
Map Date: 01/29/2021; Source: USFWS; NOAA
± 0 1 2
Miles
Project Site
Steelhead
California tiger Salamander
Delta smelt
Vernal pool fairy shrimp/Conservancy fairy shrimp
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FAIRVIEW VILLAGE
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CARPENTER ROAD
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FAIRVIEW VILLAGE
MODESTO, CALIFORNIA 3 Know what'sbelow. Callbefore you dig. R PHASE 1 0 40 80 160 SCALE: 1" = 80' INTRACT STREETS TYPICAL STREET SECTION ST. SALAZAR CIR STREET SECTION ST. THERESA WAY STREET SECTION MONTICELLO LANE STREET SECTION CARPENTER ROAD STREET SECTION PRELIMINARY GRADING PLAN LEGEND 2 G STREET STREET SECTION #26.. - 974 -
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Modesto, CA 95350

FAIRVIEW VILLAGE
MODESTO, CALIFORNIA 3 Know what'sbelow. Callbefore you dig. R PHASE 1 0 40 80 160 SCALE: 1" = 80' PRELIMINARY UTILITY PLAN LEGEND 3 #26.. - 975 -
ITEM A
Planning Commission Agenda Report December 20, 2021
Public Hearing Item A Page 1

CITY OF MODESTO

PLANNING COMMISSION STAFF REPORT
1010 10th STREET
MODESTO, CA 95354
(209) 577-5267 – (209) 491-5798 (fax)
TO: Chairperson Shanks and Members of the Planning Commission PREPARED BY: Cindy van Empel, AICP, CNU-A, Senior Planner Contact Info: 577-5267; [email protected]
APPROVED BY: Steve Mitchell, Planning Manager
DATE: December 20, 2021
SUBJECT: ANX-21-001, annexation of approximately 177.75 acres to the City of Modesto; GPA-21-002, change designation on 20 acres of land from C, Commercial, to VR, Village Residential; SPA-21-002, Amendment #4 to the Fairview Village Specific Plan; TSM-21-004, Vesting Tentative Subdivision Map dividing approximately 38.5 acres into 217 residential lots and 6 landscape lots; submitted by STL Company LLC

RECOMMENDATION
Resolution recommending to the City Council an amendment to the Urban Area General Plan to change the designation on 20 acres of land in the Fairview Village Specific Plan area from C, Commercial, to VR, Village Residential.

Resolution recommending to the City Council approval of Amendment #4 to the Fairview Village Specific Plan to make it consistent with the General Plan.

Resolution recommending to the City Council adoption of a resolution approving the filing of an application to the Stanislaus Local Agency Formation Commission for the reorganization of approximately 177.75 acres of land designated VR (Village Residential) and OS (Open Space), located east of Carpenter Road and north of Whitmore Avenue for annexation to the City of Modesto and simultaneous detachment from the Westport and Burbank-Paradise Fire Protection Districts.

Resolution approving the Vesting Tentative Subdivision Map Fairview Village Phase 1.

Resolution recommending to the City Council adoption of a resolution finding that the project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081).

BACKGROUND
The Fairview Village Specific Plan was adopted by City Council in 1997 and has been amended three times. Fairview Village lies east of Carpenter Road and north of Whitmore Avenue. The easterly 231 acres of the 375-acre specific plan was annexed to the City in 1996 and a portion of the annexed area has been developed with almost 400 residences, part of a stormwater drainage basin, and part of a park. A second subdivision map with 246 residential lots on 51 #26..
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Planning Commission Agenda Report December 20, 2021
Public Hearing Item A Page 2
acres was approved in 2018, but has not yet developed. The Fairview Village Specific Plan was originally modeled after Village One and the area was designated VR, Village Residential.

There has been interest in developing this area over the years, but the Fairview Village Specific Plan has become outdated, as the General Plan has undergone major revisions three times since the plan was adopted. Revising the plan and annexing the western portion of the area to the City have been obstacles to development, along with other challenges that have since been resolved.

PROJECT DESCRIPTION
Annexation The westerly 177.75 acres of the Fairview Village Specific Plan will be annexed to the City of Modesto and is already prezoned. The eight properties north of Hatch Road are prezoned P-R-1 and the properties south of Hatch Road are prezoned P-SP. The City of Modesto has adequate capacity to deliver urban services to this area. Although the area is currently served by the Industrial Fire Protection District, annexation will include detachment from the Westport and Burbank-Paradise Fire Protection Districts, as both Fire Protection Districts’ boundaries are roadway centerlines and Modesto will annex all of Carpenter Road and Whitmore Avenue for those segments adjoining the annexation area.

General Plan Amendment The Fairview Village Specific Plan was originally designated VR, Village Residential. A roughly 20-acre area in the unincorporated area of the specific plan is designated C, Commercial, in the General Plan. This amendment would change that designation from C, Commercial, to VR, Village Residential. That would allow a smaller commercial center of 8 acres, with the remaining 12 acres residential.

Specific Plan Amendment The Fairview Village Specific Plan is being amended to update policies in the specific plan that are no longer consistent with the General Plan. Storm water basin and agricultural preservation policies are being revised. The land use and circulation plans will also be revised. The number of dwelling units will range from approximately 1,075- 2,150 single family and 220-440 multifamily dwelling units for a total of 1,295-2,590 dwelling units, consistent with the General Plan estimate of 2,310 dwelling units. The Commercial designation would be reduced to approximately 8 acres, reflecting the reduced need for commercial square footage. The backbone street plan will be altered slightly. Finally, substantial portions of the Fairview Village Specific Plan are being revised to streamline project review, consistent with current practices of the City of Modesto.

Vesting Tentative Subdivision Map The map will divide approximately 38.5 acres into 217 residential lots and six landscape lots. Residential lots range in size from 3,140 square feet to 9,825 square feet. Internal streets will have 50 feet of right of way, while external streets will have 56, 60, or 70 feet of right of way. The subdivision will have two access points to Carpenter Road and will also extend St. Salazar Circle for access to the park.

Figure 1 shows the boundary of the Fairview Village Specific Plan, the area to be annexed, the property on which the general plan amendment is proposed, and the boundaries of the Vesting Tentative Subdivision Map. Figure 2 shows the Vesting Tentative Subdivision Map in greater detail.
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Planning Commission Agenda Report December 20, 2021
Public Hearing Item A Page 3
Figure 1: Entitlement Boundaries
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Planning Commission Agenda Report December 20, 2021
Public Hearing Item A Page 4
Figure 2: Fairview Village Phase 1 Vesting Tentative Subdivision Map

ANALYSIS
Annexation
The proposed annexation area is bounded by the City of Modesto on the east and north and represents an orderly extension of City services. The addition of the lots north of Hatch Road avoids the creation of an unincorporated peninsula and an illogical boundary.

Modesto has adequate capacity to provide police protection and water and sewer services to the annexation area. The City currently provides fire protection service to the area through the Industrial Fire Protection District, although Stanislaus LAFCo’s requirement to annex to the opposite side of bounding roadways means there will be corresponding detachments from the Westport Fire Protection District south of Whitmore Avenue and the Burbank-Paradise Fire Protection District west of Carpenter Road. These detachments affect only the street rights of way and will have no financial impact on the fire protection districts, as no parcels are being detached.

Tax Sharing Agreement Upon annexation, a property tax exchange agreement must be approved by both the county and annexing city prior to LAFCO taking formal action on an annexation. The City and Stanislaus County (County) addressed the annexation property tax exchange by the Master Property Tax Agreement (MPTA) approved in 1983 and updated in 1996 and this area is subject to the MPTA.
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Planning Commission Agenda Report December 20, 2021
Public Hearing Item A Page 5
Plan for Services A Plan for Services has been prepared pursuant to Government Code Section 56653. The City of Modesto is able to provide all needed municipal services to the area.

General Plan Amendment
The Fairview Village Specific Plan was originally designated VR, Village Residential. During the most recent general plan update, a roughly 20-acre area in the unincorporated area of the specific plan was changed from VR, Village Residential, to C, Commercial. This designation appears on Exhibit III-1 (Land Use Diagram) and its accompanying table and on Exhibit III-5.

The General Plan was amended in 2019 to be consistent with the Fairview Village Specific Plan, replacing 20 acres designated Village Residential with 20 acres designated Commercial. The Commercial designation, however, is less flexible than the Village Residential designation, which allows up to four percent of a specific plan to be developed with commercial uses. It should be noted that the Village Residential designation does allow a smaller commercial center, as is shown in the Specific Plan. This amendment would allow flexibility to respond to market conditions.

Specific Plan Amendment #4
The Fairview Village Specific Plan was approved by City Council in 1995. Since the last amendment, in 1997, the General Plan has had three major updates, leaving the specific plan increasingly out of date and creating an obstacle to development. The Fairview Village EIR is less relevant to the existing regulatory environment than the General Plan Master EIR and material relating to the Fairview Village EIR will be removed.

The land use and circulation plans will be updated, as well as policies relating to stormwater drainage and agricultural preservation. The amount of commercial acreage will be reduced by about half, to eight acres of the specific plan area, consistent with the VR designation, which allows up to four percent commercial development, leaving the balance for residential development. This reflects the decreasing demand for commercial development and the increased need for residential development. The circulation layout will be modified to improve safety at the southwest corner of the school-park-basin component and to increase the number of access points to the external roadway network.

The original Fairview Village Specific Plan included a concept plan for a central park / school / stormwater drainage basin with smaller parks and drainage basins throughout the plan. The size and other details of these facilities were not established. Staff has been working with the applicant, Modesto City Schools, the Department of Parks, Recreation and Neighborhoods, and Land Development Engineering to ensure the central park / school / stormwater drainage basin is adequately sized.

Vesting Tentative Subdivision Map
Access to the subdivision and to the interior of the specific plan will be provided from two connector streets located on the north and south sides of the subdivision. One interior street in the subdivision connects with each of these streets and a third connects to the extension of St.

Salazar Circle. Most of the cul-de-sacs are open-ended and several of the interior blocks are relatively small, improving walkability. A wall will be built adjacent to Carpenter Road to reduce traffic noise penetration into the subdivision.
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Planning Commission Agenda Report December 20, 2021
Public Hearing Item A Page 6

ENVIRONMENTAL ASSESSMENT
Staff has prepared an Initial Study, Environmental Checklist EA / C&ED No. 2021-31, (Attachment No. 6), which concludes that the project is within the scope of the General Plan Master EIR (SCH No. 2014042081), and that pursuant to Section 21157.1(b) of CEQA, no new environmental review is required.

ATTACHMENTS (included with Commissioners' packets only)

1. Draft Planning Commission Resolution 2021-XX GPA

2. Draft Planning Commission Resolution 2021-XX SPA

3. Draft Planning Commission Resolution 2021-XX ANX

4. Draft Planning Commission Resolution 2021-XX VTSM

5. Initial Study Environmental Checklist EA / C&ED No. 2021-31

6. Plan for Services, see Attachment in Resolution 2021-XX ANX

7. Financial Interest Disclosure Form
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FILE ANX-21-001, GPA-21-002, SPA-21-002, TSM-21-004
Planning Commission MINUTES – December 20, 2021
Item A ANX-21-001, annexation of approximately 177.75 acres to the City of Modesto; GPA21-002, change designation on 20 acres of land from C, Commercial, to VR, Village Residential; SPA-21-002, Amendment #4 to the Fairview Village Specific Plan; TSM21-004, Vesting Tentative Subdivision Map dividing approximately 38.5 acres into 217 residential lots and 6 landscape lots; submitted by STL Co. LLC Contact Info: Cindy van Empel, 577-5267 [email protected] Motion/Action (Approved)
It was moved by Commissioner Vohra, seconded by Commissioner Morad, and carried unanimously (Birring, Morad, Pollard, Silva, Smith, Vohra, Shanks, ayes; None, noes; None, absent; None, recused) that the Planning Commission adopt Resolution No. 2021-21 RESOLUTION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN

AMENDMENT TO THE MODESTO URBAN AREA GENERAL PLAN (STLCOMPANY LLC) Motion/Action (Approved)
It was moved by Commissioner Vohra, seconded by Commissioner Morad, and carried unanimously (Birring, Morad, Pollard, Silva, Smith, Vohra, Shanks, ayes; None, noes; None, absent; None, recused) that the Planning Commission adopt Resolution No. 2021-22 RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 4 TO THE FAIRVIEW VILLAGE SPECIFIC PLAN TO

CHANGE THE LAND USE AND CIRCULATION PLANS AND REVISIONS TO MAKE THE

SPECIFIC PLAN CONSISTENT WITH THE URBAN AREA GENERAL PLAN (STL

COMPANY LLC)
Motion/Action (Approved)
It was moved by Commissioner Vohra, seconded by Commissioner Morad, and carried unanimously (Birring, Morad, Pollard, Silva, Smith, Vohra, Shanks, ayes; None, noes; None, absent; None, recused) that the Planning Commission adopt Resolution No. 2021-23 A RESOLUTION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A

RESOLUTION APPROVING THE FILING OF AN APPLICATION TO THE STANISLAUS LOCAL AGENCY FORMATION COMMISSION FOR THE FAIRVIEW VILLAGE #2 REORGANIZATION OF APPROXIMATELY 177.75 ACRES LOCATED EAST OF

CARPENTER ROAD AND NORTH OF WHITMORE AVENUE FOR ANNEXATION TO THE

CITY OF MODESTO AND SIMULTANEOUS DETACHMENT FROM THE WESTPORT AND

BURBANK-PARADISE FIRE PROTECTION DISTRICTS (STL COMPANY LLC--

UNINHABITED)
Motion/Action (Approved)
It was moved by Commissioner Vohra, seconded by Commissioner Morad, and carried unanimously (Birring, Morad, Pollard, Silva, Smith, Vohra, Shanks, ayes; None, noes; None, absent; None, recused) that the Planning Commission adopt Resolution No. #26..
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2021-24 RESOLUTION APPROVING THE FAIRVIEW VILLAGE PHASE 1 VESTING

TENTATIVE SUBDIVISION MAP (STL COMPANY, LLC)
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1/19/2022

LIST OF INVOLVED PARTIES FOR THE PLANNING COMMISSION
AGENDA OF DECEMBER 20, 2021
At the Commission’s request, staff has compiled a list of persons having a personal/financial interest in the matters contained in the accompanying agenda report to help identify potential conflicts of interest.

ITEM A ANX-21-001, annexation of approximately 177.75 acres to the City of Modesto; GPA-21-002, change designation on 20 acres of land from C, Commercial, to VR, Village Residential; SPA-21-002, Amendment #4 to the Fairview Village Specific Plan; TSM-21-004, Vesting Tentative Subdivision Map dividing approximately 38.5 acres into 217 residential lots and 6 landscape lots
Relationship Name/Address
Applicant STL Company, Michael O’Hara, 3500 Douglas Blvd., Suite 270, Roseville, CA 95661 Owner John Bava, Bava Family Farms, 3104 Valdez Drive, Modesto, CA 95355 Applicant
Representative
O’Dell Engineering, Mike Persak / Vionna Adams, 1165 Scenic Drive, Suite A Modesto, CA 95350
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 8, 2022
Date: January 31, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Tivoli North Specific Plan
CONTACT: Brad Wall, MPA, Principal Planner, [email protected], 209.577.5273 DESCRIPTION:

Consider providing direction to staff regarding the processing of an application for annexation, specific plan and environmental review for the future development area referred to as Tivoli North, which is bounded by Claribel Road to the north, Roselle Avenue to the east, Claratina Avenue to the south, and Oakdale Road to the west. (Funding Source: Application Filing Fees) STRATEGIC PLAN ELEMENT:

The Tivoli North project would promote the City’s Strategic Plan Goals C (Develop Homelessness and Housing Plan), D (Ensure Safe, Efficient and Reliable Infrastructure) and E (Drive Economic Vitality). The proposed development associated with the specific plan application will result in additional housing opportunities in Modesto and enhance the City’s infrastructure and utility systems. In addition, the private investment by the applicant team and end-user buyers / developers will help drive the local economy.

BACKGROUND:

Since the City’s 1995 General Plan new growth areas located outside the City limits and inside the General Plan boundary have been defined with their own boundary and name. These areas are defined as Comprehensive Planning Districts (CPDs). The City’s planning approach is to define future specific plan areas and requiring a comprehensive, holistic planning process in advance of annexations. The result is that newly developed neighborhoods are integrated within a larger context that considers transportation systems, utilities and infrastructure, and land uses like parks, schools and services in advance. The alternative approach is to “piecemeal” annexation and development on a parcel-by-parcel basis, which often results in new neighborhoods that are disconnected from destinations and services located in surrounding areas.

The Tivoli North planning area is comprised of approximately 480 acres within the RoselleClaribel CPD that is delineated with the General Plan. #28..
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Tivoli North specific plan