Agenda packet, first session — Modesto City Council, July 12, 2022 (part 4 of 6)

On July 29, 2016, the City submitted three pre-applications to the State Water Board Division of Drinking Water for consideration of funding characterization of an Arsenic Study Area Project, a Nitrate Study Area Project, and a Uranium Study Area Project, through the Groundwater Grant Program (GWGP).

On February 21, 2017, the City received invitation from the SWRCB to submit Final Applications for Proposition 1 GWGP Planning funding (Final Application) for the three study areas. On May 5, 2017, the City submitted three Final Applications, for Arsenic, Nitrate and Uranium Remedial Investigations/Feasibility Studies.

On January 9, 2018, the Utilities Department received a Proposition 1 Groundwater Grant Funding Preliminary Award of up to $2,029,749, which covered up to 90% of the project costs.

The project scope has been refined to combine the three remedial investigations/feasibility studies into one project for efficiency.

On March 29, 2018, the City received a Draft Grant Agreement (No. D1712514) from the State Water Board, for the Modesto Wellfield Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study (Feasibility Study) with project grant funding of $1,998,674, and a local match requirement of $222,806 (11%) for a total project cost of $2,221,480.

On June 12, 2018, by Resolution No. 2018-231, Council accepted the Grant Award and authorized the City Manager and his designee to enter into an agreement with the SWRCB to receive the grant funds and by Resolution No. 2018-232, Council approved an Agreement with Jacobson James & Associates for the Modesto Wellfield Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study.

DISCUSSION:

The City faces ongoing challenges with natural and man-made contamination in its drinking water aquifers. Arsenic, Nitrate and Uranium contamination has led to the abandonment of 16 water supply wells since 2016 and continues to threaten other wells. At some supply wells, compliance with drinking water quality requirements is achieved with treatment. The Prop 1 Grant will provide funds to be used for implementation of measures to address non-point source Arsenic, Nitrate, and Uranium impacting the City’s groundwater supply well field.

The implementation measures include (1) wellfield operation changes and modifications using a network of supply wells to protect uncontaminated portions of the aquifer from contaminant migration while improving access to drinking water that meets state and federal standards, and (2) managing aquifer recharge to improve groundwater quality over time while enhancing the resilience of groundwater supplies by modifying two existing basins and constructing two new basins. Additionally, associated conveyance infrastructure will be included with the new basins that will convey water from nearby Modesto Irrigation District canals to the basins.

Solicitation for Concept Proposals opened on July 6, 2021 and closed on September 7, 2021.

The City of Modesto submitted a concept proposal for the Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project on September 7, 2021, and was invited to submit for the full proposal on April 14, 2022. The full proposal grant application deadline is on July 15, 2022. Administration of the Prop 1 Grant will be completed by the SWRCB. #22..
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City Council July 12, 2022
Grant Application for Proposition 1 Groundwater Grant Program, Round 3 - Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project

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The original concept proposal application was estimated at approximately $23,000,000 as it included a provision of new storage tanks (if needed). Since then, we have determined that the City’s water system can manage implementation of this project without the need for any new storage tanks which would lower the estimated cost down to $13,000,000. However, there may need to be mitigation in order to utilize one existing and one proposed City Park location for recharge of the groundwater aquifer that is part of the groundwater clean-up implementation effort. Staff requests that this authorization include up to $23,000,000 in funding, if needed. The City’s percentage match of the project awarded would remain the same and the City would be refunded appropriately.

FISCAL IMPACT:

Should the City be awarded up to the approximately $23,000,000 grant, staff will return to Council for appropriation of funds through Water Fund Reserves to fund the project. The SWRCB will reimburse the City within 90 days following the City’s quarterly requests for reimbursements.

From the previous grant award amount of $1,998,674, only $1,638,683 was needed to complete the Feasibility Study. To date the City has been reimbursed $689,587, and an additional $949,097 is pending for a total amount requested of $1,638,683.

CEQA/NEPA REQUIREMENTS:

CEQA requirements will be addressed if the grant is awarded as part of the upcoming work being proposed as part of this Grant Application.

COMMITTEE RECOMMENDATION:

This item was considered by Finance Committee on June 27, 2022 meeting and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution authorizing the submittal of a grant application and authorizing the City Manager, or his Designee as the City Representatives to execute all grant related documents and enter into a funding agreement with the State Water Resources Control Board to receive the grant funds, if awarded, under the Proposition 1 Groundwater Grant Program, for the Round 3 Implementation Grant for the Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project.
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City Council July 12, 2022
Grant Application for Proposition 1 Groundwater Grant Program, Round 3 - Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project

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Approved by:

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

1. Resolution
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1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRANT

APPLICATION AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE AS THE CITY REPRESENTATIVES TO EXECUTE ALL GRANT

RELATED DOCUMENTS AND ENTER INTO A FUNDING AGREEMENT

WITH THE STATE WATER RESOURCES CONTROL BOARD TO RECEIVE THE GRANT FUNDS, IF AWARDED, UNDER THE PROPOSITION 1
GROUNDWATER GRANT PROGRAM, FOR THE ROUND 3

IMPLEMENTATION GRANT FOR THE MODESTO MUNICIPAL

GROUNDWATER SUPPLY CONTAMINATION PREVENTION AND CLEANUP

PROJECT
WHEREAS, the City of Modesto has submitted a concept proposal application and was invited to submit a full proposal, and will be submitting a full proposal grant application to the State Water Resources Control Board for funding for the Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project; and WHEREAS, prior to the State Water Resources Control Board’s executing a funding agreement, City of Modesto is required to adopt a resolution authorizing an agent, or representative, to sign the funding agreement, amendments, and requests for disbursement on behalf of the City of Modesto, and to carry out other necessary Projectrelated activities.

NOW, THEREFORE, BE IT RESOLVED, that the City of Modesto is hereby authorized to carry out the Project, enter into a funding agreement with the State Water Resources Control Board, and accept and expend State funds for the Project.

BE IT FURTHER RESOLVED, that the City Manager, or designee, is hereby authorized and designated to sign, for and on behalf of the City of Modesto, the funding agreement for the Project and any amendments thereto.
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2 2022-
BE IT FURTHER RESOLVED, that the City Manager, or designee, is hereby authorized and designated to represent the City of Modesto in carrying out the City of Modesto’s responsibilities under the funding agreement, including certifying invoices and disbursements requests for Project costs on behalf of the City of Modesto and compliance with applicable state and federal laws.

BE IT FURTHER RESOLVED, that any and all actions, whether previously or subsequently taken by the City of Modesto, which are consistent with the intent and purposes of the foregoing resolution, shall be, and hereby are, in all respects, ratified, approved and confirmed.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of July, 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:

DIANE NAYARES-PEREZ, 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:

July 12, 2022
Date: June 14, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: First Amendment to the Industrial Electric Machinery Agreement CONTACT: Monte Hamilton, Plant Maintenance Superintendent, [email protected], (209) 342-4505
DESCRIPTION:

Consider approving a First Amendment to the Agreement with C.H.W. Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for the Furnishing of Electric Motor Rewind/Rebuild Services, increasing the annual amount by $243,196 from $124,304 for a new estimated annual amount of $367,500 and a new total amount not to exceed $1,705,568 over five years. (Funding Source: Various Funds)
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:

Electric motor rewinding and rebuilding services are required for various types and sizes of motors used within City facilities. These motors require immediate repair or rebuild services to ensure that City operations and facilities are maintained. Motors are used in many processes that are required for compliance with federal permits and regulations, such as water and wastewater systems that meet State Water Board requirements. Other regulations are safety related such as ventilation to reduce heat or dangerous atmospheric situations in restricted areas such as pumping stations and wells, and others are convenience or security related to gate or door openers.

A large portion of these pumps and motors are of such a design that long lead times and high cost become prohibitive to stock each pump and/or motor and often having this contract enables the ability to continue to extend the life of these pumps and motors often well beyond normal life cycles, in a cost effective and efficient manner.
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City Council, July 12, 2022
First Amendment to the Industrial Electric Machinery Agreement

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On October 13, 2020 by Resolution No. 2020-424, Council authorized a Citywide Purchase Agreement for electrical motor rewind-rebuild services to C.H.W. Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for two-year agreement with three one-year extension options at the sole discretion of the City, for an estimated annual cost of $124,304 and a total amount not to exceed $621,520 over five years.

DISCUSSION:

There are currently three divisions (Water, Wastewater, and Parks Maintenance) that utilize the agreement with Industrial Electrical Machinery. During the term of this agreement it has been determined that the initial requested amounts for the Water and Wastewater Divisions were underestimated. It is difficult for staff to predict how many pieces of mechanical equipment will fail at any given time or to determine if this proposed increase of $243,196 will cover the costs of future unexpected failures of critical motors and pumps within each year’s term of the agreement.

An amendment is needed to increase the annual amount of this agreement by $243,196, from $124,304, for a new estimated annual amount of $367,500, with an estimated annual Consumer Price Index (CPI) increase of 10% for years three through five for a new total amount not to exceed $1,705,568 over five years.

FISCAL IMPACT:

Expenditures over the past two years for the furnishing of Electric Motor Rewind/Rebuild Services under the current agreement are listed below:

Fiscal Year Total
FY 20/21 $83,811
FY 21/22 $140,928
Grand TOTAL $224,739
Funds to cover the costs associated with this agreement will be budgeted annually in the accounts listed below.

FUND ACCOUNT

NUMBER CURRENT INCREASE NEW AMOUNT
Water Fund Various $75,923 $84,077 $160,000
Sewer Fund Various $36,881 $148,119 $185,000
Stormwater Lift Stations Fund 4480-44311-53100 $4,000 $11,000 $15,000 General Fund (Parks) 0100-52010-53150 $7,500 $0 $ 7,500 ESTIMATED ANNUAL TOTAL $124,304 $243,196 $367,500
ESTIMATED ANNUAL TOTAL YEAR 3 10% CPI $36,750 $404,250
ESTIMATED ANNUAL TOTAL YEAR 4 10% CPI $40,425 $444,675
ESTIMATED ANNUAL TOTAL YEAR 5 10% CPI $44,468 $489,143
FIVE (5) YEAR TOTAL NOT TO EXCEED $364,839 $1,705,568
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City Council, July 12, 2022
First Amendment to the Industrial Electric Machinery Agreement

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COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on June 6, 2022 with a recommendation to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a First Amendment to the Agreement with C.H.W. Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for the Furnishing of Electric Motor Rewind/Rebuild Services, increasing the annual amount by $243,196 from $124,304 for a new estimated annual amount of $367,500 and a new total amount not to exceed $1,705,568 over five years and authorizing the Director of Finance or her designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. First Amendment

3. Agreement No 190851
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A FIRST AMENDMENT TO THE CITYWIDE
AGREEMENT WITH C.H.W. ENTERPRISES, INC., DBA INDUSTRIAL

ELECTRICAL MACHINERY, VISALIA, CA, FOR THE FURNISHING OF

ELECTRIC MOTOR REWIND/REBUILD SERVICES, INCREASING THE
ANNUAL AMOUNT BY $243,196 FROM $124,304 FOR A NEW ESTIMATED ANNUAL AMOUNT OF $367,500 AND A NEW TOTAL AMOUNT NOT TO EXCEED $1,705,568 OVER FIVE YEARS AND AUTHORIZING THE

DIRECTOR OF FINANCE OR HER DESIGNEE, TO EXECUTE THE

AGREEMENT
WHEREAS, electric motor rewinding and rebuilding services are required for various types and sizes of motors used within City facilities. These motors require immediate repair or rebuild services to ensure that City operations and facilities are maintained. Motors are used in many processes that are required for compliance with federal permits and regulations, such as water and wastewater systems that meet State Water Board requirements. Other regulations are safety related such as ventilation to reduce heat or dangerous atmospheric situations in restricted areas such as pumping stations and wells, and others are convenience or security related to gate or door openers, and
WHEREAS, on October 13, 2020 by Resolution No. 2020-424, Council authorized a Citywide Purchase Agreement for electrical motor rewind-rebuild services to C.H.W. Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for twoyear agreement with three one-year extension options at the sole discretion of the City, for an estimated annual cost of $124,304 and a total amount not to exceed $621,520 over five years, and
WHEREAS, there are currently three divisions; Water, Wastewater, and Parks that utilize the agreement with Industrial Electrical Machinery. During the term of this #23..
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agreement it has been determined that the initial requested amounts for the Water and Wastewater Divisions were underestimated. It is difficult for staff to predict how many pieces of mechanical equipment will fail at any given time or to determine if this proposed increase of $243,196 will cover the costs of future unexpected failures of critical motors and pumps within each year’s term of the agreement, and WHEREAS, an amendment is needed to increase the annual amount of this agreement by $243,196, from $124,304, for a new estimated annual amount of $367,500, with an estimated annual Consumer Price Index (CPI) increase of 10% for years three through five for a new total amount not to exceed $1,705,568 over five years.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the citywide agreement with C.H.W.

Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for the furnishing of Electric Motor Rewind/Rebuild Services, increasing the annual amount by $243,196 from $124,304 for a new estimated annual amount of $367,500 and a new total amount not to exceed $1,705,568 over five years.

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

AYES: Councilmembers:
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NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _________
DIANE NAYARES-PEREZ, CMC, City Clerk
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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FIRST AMENDMENT ELECTRIC MOTOR REWIND/REBUILD SERVICES AGREEMENT

WITH INDUSTRIAL ELECTRIC MACHINERY
This First Amendment to The Electrical Motor Rewind/Rebuild Services Agreement (the “First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California hereinafter referred to as “City” and C.H.W Enterprises INC., DBA Industrial Electric Machinery, a California Corporation hereinafter referred to as “Contractor” entered into by the parties on the _____ day of _______________ , 2022.

RECITALS
This First Amendment is made with regard to the following recitals:

WHEREAS, City and Contractor previously entered into that certain Electrical Motor Rewind/Rebuild Services Agreement dated October 13, 2020 (the “Original Agreement”), and WHEREAS, City and Contractor desire to amend the Original Agreement by increasing the previously approved annual amount from $124,304 to $367,500, and the total amount of the agreement from not to exceed $621,520 to $1,705,568.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Electric Motor Rewind/Rebuild Services and this First Amendment to Original Agreement, the parties agree as follows:

1. The first sentence of Section 1, f., of the Original Agreement is deleted and replaced in its entirety as follows:
“CONTRACTOR shall furnish the services defined for the following contracted rates, for an estimated annual amount of $367,500, and a total amount not to exceed $1,705,568 over five years:”

2. Except as provided for in this First Amendment, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Original Agreement for the Electric Motor Rewind/Rebuild Services in duplicate by its City Manager and attestation by its City Clerk on the ________ day of ___________, 2022, and #23..
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C.H.W Enterprises INC., DBA Industrial Electric Machinery has caused this First Amendment to be duly executed in duplicate as of the Effective Date.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 14, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Sole Source Purchase Agreement with APG-Neuros for Procurement of Flow Meters and Parts
CONTACT: Monte Hamilton, Plant Maintenance Superintendent, [email protected], (209) 342-4505
DESCRIPTION:

Consider approving a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years. (Funding Source:

Wastewater Fund)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The City uses Neuros high-speed turbo blowers in the tertiary water treatment process. The blowers supply air to both the aeration basin and membrane tanks. Aeration is computercontrolled and most of the parts and components used in the Neuros blower system are proprietary and manufactured by APG-Neuros. These parts include variable frequency drives, programmable logic controller, air flow meters. These parts are designed to operate together with the manufacturer-designed software. All replacement parts are solely available from APGNeuros.

On September 12, 2017, by Resolution 2017-356, Council authorized a two-year agreement with three (3) one-year extension options for the sole source procurement of flow meters and parts with APG-Neuros for an average estimated annual cost of $150,000 and total not to exceed amount over five years of $750,000.

The annual agreement no. 126265 with APG-Neuros is set to expire on August 31, 2022. #24..
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City Council, July 12, 2022
Sole Source Purchase Agreement with APG-Neuros for Procurement of Flow Meters and Parts

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DISCUSSION:

The Wastewater Division maintenance staff is seeking to establish a new two-year agreement with three (3) one-year extension options for the continued procurement of flow meters and parts.

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. The purchase of flow meters and parts from APG-Neuros should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) because APG-Neuros is the original equipment manufacturer and there is no known distributor outlet for the parts or components. 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:

Previous Expenditures
Year Total
Year 1 $11,059
Year 2 $12,965
Year 3 $18,053
Year 4 $78,206
Year 5 $95,289
Grand TOTAL $215,572
While the estimated annual costs for routine maintenance are $25,000 should a core, variable frequency drive or any other non-routine part need to be replaced, the amount of $150,000 will not be exceeded and will allow for the work to be completed to avoid any interruption to the tertiary treatment process.

New Estimated
Year Total
Year 1 $150,000
Year 2 $150,000
Year 3 $150,000
Year 4 $150,000
Year 5 $150,000
Grand TOTAL $750,000
Funds to cover the costs associated with this agreement will be budgeted annually in the Wastewater Fund in account 4210-44316-53150.
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City Council, July 12, 2022
Sole Source Purchase Agreement with APG-Neuros for Procurement of Flow Meters and Parts

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COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on June 6, 2022 with a recommendation to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years, and authorizing the Director of Finance, 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.

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

5. Quote
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A SOLE SOURCE PURCHASE AGREEMENT

WITH APG-NEUROS, BLAINVILLE, QUEBEC, CANADA, FOR THE

PROCUREMENT OF FLOW METERS AND PARTS FOR AN ESTIMATED
ANNUAL AMOUNT OF $150,000 AND A TOTAL AMOUNT NOT TO EXCEED $750,000 OVER FIVE YEARS, AND AUTHORIZING THE DIRECTOR OF

FINANCE, 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 Neuros high-speed turbo blowers in the tertiary water treatment process. The blowers supply air to both the aeration basin and membrane tanks.

Aeration is computer-controlled and most of the parts and components used in the Neuros blower system are proprietary and manufactured by APG-Neuros. These parts include variable frequency drives, programmable logic controller, air flow meters. These parts are designed to operate together with the manufacturer-designed software. All replacement parts are solely available from APG-Neuros, and WHEREAS, on September 12, 2017, by Resolution 2017-356, Council authorized a two-year agreement with three (3) one-year extension options for the sole source procurement of flow meters and parts with APG-Neuros for an average estimated annual cost of $150,000 and total not to exceed amount over five years of $750,000, and WHEREAS, the Wastewater Division maintenance staff is seeking to establish a new two-year agreement with three (3) one-year extension options for the continued procurement of flow meters and parts, and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, in excess of fifty thousand dollars ($50,000) to follow formal bid procedures. #24..
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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. The purchase of flow meters and parts from APG-Neuros should be exempt from the formal bidding procedure in accordance with Modesto Municipal Code 8-3.204(b) because APG-Neuros is the original equipment manufacturer and there is no known distributor outlet for the parts or components.

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 a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years, and authorizing the Director of Finance, or her designee, the ability 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 hereby authorized to execute the agreement.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
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ATTEST:

DIANE NAYARES-PEREZ, CMC, City Clerk
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
ANNUAL PURCHASE AGREEMENT NO. 220265
VENDOR: SHIP TO: INVOICE TO:

APGN INC (DBA APG-NEUROS) JENNINGS PLANT MAINTENANCE CITY OF MODESTO 1270 BLVD MICHÈLE-BOHEC ATTN: MIKE ALVES ACCOUNTS PAYABLE BLAINVILLE, QC J7C 5S4 7007 JENNINGS ROAD P.O. BOX 642
MODESTO, CA 95358 MODESTO, CA 95353
ANNUAL AGREEMENT FOR THE PURCHASE AND DELIVERY OF APG-NEUROS NX150 AND NX300 SPARE PARTS FOR THE CITY OF MODESTO, UTILITIES DEPARTMENT, WASTEWATER SERVICES DIVISION ON AN “AS NEEDED” BASIS.

ESTIMATED ANNUAL AMOUNT OF $150,000 PER YEAR, PER COUNCIL RESO 2022- __________.

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

YEAR ONE: SEPTEMBER 1, 2022 THROUGH AUGUST 31, 2023
YEAR TWO: SEPTEMBER 1, 2023 THROUGH AUGUST 31, 2024
YEAR THREE: SEPTEMBER 1, 2024 THROUGH AUGUST 31, 2025
YEAR FOUR: SEPTEMBER 1, 2025 THROUGH AUGUST 31, 2026
YEAR FIVE: SEPTEMBER 1, 2026 THROUGH AUGUST 31, 2027

2. PRICING SHALL REMAIN FIRM FOR THE FIRST YEAR OF THE AGREEMENT.

PRICE INCREASES FOR SUBSEQUENT YEARS TWO (2), THREE (3), FOUR (4), AND FIVE (5) SHALL NOT EXCEED

THE CONSUMER PRICE INDEX (CPI) FOR WEST URBAN AREA IN ANY ONE AGREEMENT YEAR, WITH

ACCEPTABLE SUPPORTING DOCUMENTATION PROVIDED TO SUBSTANTIATE INCREASE BY MANUFACTURE AND APPROVED BY THE PURCHASING DEPARTMENT. 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 ATTACHMENTS “A” FOR CONTRACTUAL PRICING.
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2 3. USAGE: VENDOR SHALL PROVIDE WHATEVER QUANTITIES MAY BE REQUIRED DURING THE AGREEMENT TERM.

4. DELIVERY: DELIVERIES SHALL BE MADE WITHIN TEN (10) 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 OR EMAIL WITH THE ANTICIPATED DELIVERY DATE.

CONTACT REPRESENTATIVE: MIKE ALVES (209) 342-4515 / [email protected]

5. PAYMENT: ALL INVOICES SHALL BE PAID IN FULL WITHIN THIRTY (30) DAYS AFTER DELIVERY OF THE

ORDER, AND RECEIPT OF A PROPERLY PREPARED INVOICE, SUBJECT TO CASH DISCOUNTS ALLOWED AND STATED IN THE BID DOCUMENT.

6. INVOICING: INVOICE SHALL REFERENCE AGREEMENT NO. 220265. THE INVOICE SHALL INCLUDE THE FIRST AND LAST NAME OF THE PERSON REQUESTING THE SERVICE. ALL INVOICES SHALL BE EMAILED DIRECTLY TO ACCOUNTS PAYABLE AT [email protected].

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 CONTACT: CAROL WATTLE (209) 577-5406 / [email protected]

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.

THE CITY RESERVES THE RIGHT TO REVIEW THE SERVICE PROVIDERS’ PERFORMANCE AT ANY TIME WITH OR WITHOUT THE KNOWLEDGE OR CONSENT OF THE PROVIDER.

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. EITHER PARTY MAY TERMINATE THE CONTRACT IN ITS UNILATERAL DISCRETION FOR ANY OR NO REASON BY PROVIDING AT LEAST THIRTY (30) DAYS WRITTEN NOTICE TO THE OTHER OF ITS DESIRE TO TERMINATE.

9. INSPECTION: ALL MATERIALS AND WORKMANSHIP ARE SUBJECT TO INSPECTION AND TEST BY THE CITY FOR COMPLIANCE WITH SPECIFICATIONS AS INCLUDED HEREIN, WITHIN FIVE (5) BUSINESS DAYS 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 PURCHASE 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 PURCHASE

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. #24..
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3 12. CHANGES: THIS PURCHASE AGREEMENT MAY AT ANY TIME, BY WRITTEN ORDER, BE CHANGED IN

REGARD TO THE MATERIALS OR SERVICE TO BE FURNISHED, QUANTITIES ORDERED, UNIT PRICE,

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, AND 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 PURCHASE AGREEMENT, VENDOR SHALL CORRECT AT ITS EXPENSE, INCLUDING

TRANSPORTATION/FREIGHT, SUCH DEFECTS AS ARE REPORTED WITHIN ONE YEAR OF DELIVERY OF THE ORDERS OR WITHIN THE WARRANTY PERIOD SPECIFIED ON THE QUOTE. 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 PURCHASE AGREEMENT.

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 PURCHASE 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 PURCHASE 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 PURCHASE 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 PURCHASE 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 #24..
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4 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 PURCHASE 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 LICENSEES, OR BE SET UP AT ANY TIME BECARUS OF PERSONAL INJURY OR DAMAGE TO PROPERTY

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

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

CLAIMS ARISING UNDER THE PURCHASE 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 PURCHASE AGREEMENT OR ASSERTED AGAINST IT.

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

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 PURCHASE ORDER 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 PURCHASE ORDERS 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 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 AGREEMENT. #24..
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5 ATTACHMENT A
ANNUAL PURCHASE AGREEMENT NO. 220265
APG-NEUROS NX150 AND NX300 SPARE PARTS
CONTRACTUAL PRICING – SEPTEMBER 01, 2022
Item Part No. Description Unit Unit Price
1 MEC03011-0001.0 BLOW-OFF VALVE FOR NX300 EA $6,599.73 2 MEC02011-0001.0 BLOW-OFF VALVE FOR NX150 EA $6,231.79 3 MTN0000-0043.0 VFD MAIN FILTER, PLEATED EA $207.90
4 MTN0000-0044.0 MBB MAIN FILTER, PLEATED EA $266.70
5 MTN0000-0045.0 ABB MAIN FILTER, PLEATED EA $415.80
6 ELE00024-0005.0 PRESSURE TRANSDUCER, INLET EA $967.07 7 ELE00024-0004.0 PRESSURE TRANSDUCER, DISCHARGE EA $967.07 8 ELE00024-0011.0 &
ELE00024-0012.0 RTD SENSOR, WITH FITINGS EA $778.12
9 ELE03011-0004.0 VFD 3C3 COATED FOR NX300 EA $33,536.23 10 ELE01511-0005.0 VFD 3C3 COATED FOR NX150 EA $15,595.92 11 ELE00011-0001.0 VFD KEYPAD EA $368.50
12 ELE01513-0001.0 SINUS FILTER NX150 EA $5,495.85
13 ELE03013-0003.0 SINUS FILTER NX300 EA $11,635.53
14 ELE00020-0003.0 DC POWER SUPPLY EA $92.61
15 ELE00037-0001.0 SOLENOID VALVE EA $361.46
16 ELE00024-0001.0 GAP SENSOR, AEC-767VX EA $2,137.75
17 ELE00032-0024.0 L24 PLC UNIT EA $5,889.68
18 ELE00030-0003.0 TOUCHSCREEN HMI EA $3,837.15
19 MEC00051-0055.0 FLOWMETER 022609-2A2DLVF2 EA $5,233.20 20 MEC00051-0054.0 FLOWMETER 022609-1A21MVF0 EA $6,126.70 21 ELE00038-0002.0 WATERPUMP EA $1,491.40
22 COS03006-0001.0 NX300-C060 CORE EA $99,365.00
23 COS01505-0001.0 NX150-C050 CORE EA $64,395.00
24 WCS00011-0001.0 RADIATOR EA $662.18
FREIGHT IS NOT INCLUDED AND WILL BE ADDED TO INVOICE.

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: JULIO FAJARDO
PHONE: (866) 592-9482 EXT 2116
EMAIL: [email protected]
#24..
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#24..
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#24..
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#24..
- 750 -
Quotation
Log number: AM-2021-1070A
Date: 3/14/2022
Delivery address: Invoice address:

Project name:

Models:

ITEM QUANTITY DESCRIPTION PRICE TOTAL
1 1 BLOW-OFF VALVE FOR NX300 $6,599.73 $6,599.73
P/N: MEC03011-0001.0
2 1 BLOW-OFF VALVE FOR NX150 $6,231.79 $6,231.79
P/N:MEC02011-0001.0
3 1 VFD MAIN FILTER, PLEATED $207.90 $207.90
P/N: MTN0000-0043.0
4 1 MBB MAIN FILTER, PLEATED $266.70 $266.70
P/N: MTN0000-0044.0
5 1 ABB MAIN FILTER, PLEATED $415.80 $415.80
P/N: MTN0000-0045.0
6 1 PRESSURE TRANSDUCER, INLET $967.07 $967.07
P/N: ELE00024-0005.0
7 1 PRESSURE TRANSDUCER, DISCHARGE $967.07 $967.07
P/N: ELE00024-0004.0
8 1 RTD SENSOR, WITH FITTINGS $778.12 $778.12
P/N: ELE00024-0011.0 & ELE00024-0012.0
9 1 VFD 3C3 COATED FOR NX300 $33,536.23 $33,536.23
P/N: ELE03011-0004.0
10 1 VFD 3C3 COATED FOR NX150 $15,595.92 $15,595.92
P/N: ELE01511-0005.0
11 1 VFD KEYPAD $368.50 $368.50
P/N: ELE00011-0001.0
12 1 SINUS FILTER NX150 $5,495.85 $5,495.85
P/N: ELE01513-0001.0
13 1 SINUS FILTER NX300 $11,635.53 $11,635.53
P/N: ELE03013-0003.0
14 1 DC POWER SUPPLY $92.61 $92.61
P/N: ELE00020-0003.0
15 1 SOLENOID VALVE $361.46 $361.46
P/N: ELE00037-0001.0
16 1 GAP SENSOR, AEC-767VX $2,137.75 $2,137.75
P/N: ELE00024-0001.0
17 1 L24 PLC UNIT $5,889.68 $5,889.68
P/N: ELE00032-0024.0
18 1 TOUCHSCREEN HMI $3,837.15 $3,837.15
P/N: ELE00030-0003.0
19 1 FLOWMETER 022609-2A2DLVF2 $5,233.20 $5,233.20
P/N: MEC00051-0055.0
20 1 FLOWMETER 022609-1A21MVF0 $6,126.70 $6,126.70
P/N: MEC00051-0054.0
21 1 WATERPUMP $1,491.40 $1,491.40
P/N: ELE00038-0002.0
22 1 NX300-C060 CORE $99,365.00 $99,365.00
P/N: COS03006-0001.0
23 1 NX150-C050 CORE $64,395.00 $64,395.00
P/N: COS01505-0001.0
24 1 RADIATOR $662.18 $662.18
P/N: WCS00011-0001.0
25 1 Estimated Shipping* TBD TBD
TOTAL $272,658.34
(Quotation in US$)
3/14/2022
DATE
* Quotation valid for 30 days
* Payment methods: CK, wire transfer, Credit card
* Payment NET 30 days
* Shipping: PPA
Thank you for choosing APG-Neuros!
Naomi Fleming
(4) NX150-C050 (6) NX300-C060
NX300/NX150 Spare Parts List
From Plattsburgh, NY to Modesto, CA
*To be Determined
PO: 126265
10-0011/12-0025 Modesto
Modesto WWTP
Attn: Michael Alves
7007, Jennings Rd. To be advised
Modesto, CA 95358
209-765-8434 / [email protected]
Project Description
APGN Inc.
1270, Michèle-Bohec, Blainville, Québec J7C 5S4
Tel.: 450 939-0799 Fax: 450 939-2115 Web site: www.apg-neuros.com #24..

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 14, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Amtrak Station Roof and Restroom Renovation Project as Complete CONTACT: Pete Kambel, Senior Civil Engineer, [email protected] (209) 577-5444
DESCRIPTION:

Consider accepting improvements for the Amtrak Station Roof and Restroom Renovation Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $448,978 to Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA. (Funding Source: Local Transportation FundsRegional Facilities and State of Good Repair) STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Modesto Amtrak Station located at 1700 Held Drive has been providing rail services for the City and outlying areas since 1999 when it was constructed. Since then, staff has identified much needed repairs to extend the service life of the facility. In particular, the restrooms and the roof of the building were identified as immediate improvements that will assist with prolonging the service life.

On October 4, 2016, by Resolution No. 2016-396, Council approved a prequalified local consultant list for architectural services for various capital improvement services. The list of companies consisted of Architectural Plus, Pires, Lipomi & Navarro (PLN) Architects and HMR Architects, Inc.

In 2018, after Council approved the prequalified list, PLN transitioned the name of their company to Red, Inc. Red, Inc., provided satisfactory services for the following projects: Transit Center Improvements and Sutter Treatment Plant Digester.

In April, 2019, staff requested a proposal from Red Inc. for Architectural Services for the Amtrak Station Roof and Restroom Renovation Project. Staff negotiated with Red, Inc., to complete the #25..
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City Council July 12, 2022
Accept Amtrak Station Roof and Restroom Renovation as Complete

Page 2 of 3 ends

project plans and specifications for a fee of $23,400, plus ten percent ($2,340) for additional services not to exceed $25,740.

DISCUSSION:

The project was advertised for bids on September 29, 2020. Bids were publicly opened on November 17, 2020, pursuant to Modesto Municipal Code section 8-3.403 and City Charter Section 1307. Three bids were received, and Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA, was the apparent lowest bidder at 37.78% above the engineer’s estimate.

On January 12, 2021, by Resolution No. 2021-012 Council awarded a contract to Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA, for the construction of the Amtrak Station Roof and Restroom Renovation project in the amount of $490,017. The contractor received the Notice to Proceed with a first working day of March 22, 2021. All contract work was completed by June 14, 2021.

During construction of the project, City of Modesto Transit merged with Stanislaus County to form the Stanislaus Regional Transit Authority. On January 26, 2021, by Resolution 2021-26, Council approved a Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority.

On April 6, 2021, by Resolution 2021-114, Council approved an amendment to the Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority.

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $448,978. The work is covered by a one-year warranty for any issues that may arise.

Staff recommends project acceptance as the contractor has complied with all contract requirements for the project.

FISCAL IMPACT:

The total project costs were $560,542 which included design, construction, and construction administration costs. The total project amount originally budgeted was $532,196 which included $490,017 for the construction contract and contingency with Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of up to and not to exceed 10% ($44,547) of the original contract price.

As a result of the formation of the Stanislaus Regional Transit Authority, the project accounts were recreated during construction for financial reporting purposes.

There were four change orders resulting in an overall increase of $3,508 change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101238 – PW – Amtrak Station Repairs/Rehab
#25..
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City Council July 12, 2022
Accept Amtrak Station Roof and Restroom Renovation as Complete

Page 3 of 3 ends

101348 – PW – Amtrak Station Restroom Repairs & Roof Rehab 101238 101348 TOTAL
Construction Contract (ERC Roofing) $442,592 $2,879 $445,471 Construction Contingency (Change Orders) ($8,649) $12,156 $3,507 Construction Administration (City Staff) $47,933 $12,090 $60,023 Engineering Design/Admin. (City Staff) $26,853 $878 $27,731 Engineering Design (Red Inc., Architects) $23,465 $345 $23,810 TOTAL CONSTRUCTION EXPENDITURES: $532,194 $28,348 $560,542 COMMITTEE RECOMMENDATION:

The Amtrak Station Roof and Restroom Renovation Project was presented to the Finance Committee on June 22, 2020, as a report on upcoming Capital Improvement construction projects and was recommended to forward to Council for future award of construction.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Amtrak Station Roof and Restroom Renovation Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $448,978 to Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA.

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

1. Resolution

2. CCO Log

3. (2) Project Suspension Form
#25..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION ACCEPTING THE AMTRAK STATION ROOF AND

RESTROOM RENOVATION PROJECT AS COMPLETE, AUTHORIZING ALL

NECESSARY STEPS TO FILE WITH THE COUNTY RECORDER, RELEASING SECURITIES, AND RELEASING PAYMENTS TOTALING $448,978 TO COMMERCIAL WATERPROOFING SYSTEMS; DBA ERC ROOFING &
WATERPROOFING, INC., SANTA ANA, CA
WHEREAS, the Modesto Amtrak Station located at 1700 Held Drive has been providing rail services for the City of Modesto and outlying areas since 1999 when it was constructed; and
WHEREAS, since then, staff has identified much needed repairs to extend the service life of the facility; and
WHEREAS, in particular, the restrooms and the roof of the building were identified as immediate improvements that will assist with prolonging the service life; and WHEREAS, on October 4, 2016, by Resolution No. 2016-396, Council approved a prequalified local consultant list for architectural services for various capital improvement services; and
WHEREAS, the list of companies consisted of Architectural Plus, Pires, Lipomi & Navarro (PLN) Architects and HMR Architects, Inc.; and WHEREAS, in April, 2019, staff requested a proposal from Red Inc., for Architectural Services for the Amtrak Station Roof and Restroom Renovation Project; and
WHEREAS, staff negotiated with Red to complete the project plans and specifications for a fee of $23,400, plus ten percent ($2,340) for additional services not to exceed $25,740; and
#25..
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2 WHEREAS, bids were advertised on September 29, 2020, and were publicly opened on November 17, 2020, pursuant to Modesto Municipal Code Section 8-3.403 and Charter Section 1307, and Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA, was the apparent lowest responsible and responsive bidder; and
WHEREAS, on January 12, 2021, by Resolution No. 2021-012 Council awarded a contract to Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA, for the construction of the Amtrak Station Roof and Restroom Renovation project in the amount of $490,017; and
WHEREAS, the contractor received the Notice to Proceed with a first working day of March 22, 2021. All contract work was completed by June 14, 2021; and WHEREAS, during construction of the project, City of Modesto Transit merged with Stanislaus County to form the Stanislaus Regional Transit Authority; and WHEREAS, on January 26, 2021, by Resolution 2021-26, Council approved a Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority; and
WHEREAS, on April 6, 2021, by Resolution 2021-114, Council approved an amendment to the Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority; and
WHEREAS, as a result of the formation of the Stanislaus Regional Transit Authority, the project accounts were recreated during construction, for financial reporting purposes; and
#25..
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3 WHEREAS, the total project costs were $560,542 which included design, construction, and construction administration costs. The total project amount originally budgeted was $532,194 which included $490,017 for the construction contract and contingency with United Pavement Maintenance, Inc.; and WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of up to and not to exceed 10% ($44,547) of the original contract price; and
WHEREAS, there were four change orders on this project with an overall increase of $3,508; and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. #25..
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4 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that Amtrak Station Roof and Restroom Renovation project is hereby accepted as complete from contractor, Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA, and that the City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $448,978.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of July 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: ____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: November 29, 2021
TIME
EXT.
2021/06 - Amtrak Station Roof and Restroom Renovation (101348) Charge Appr. Unit C, Exp Type “Svcs City ForcesInterfund~”.

PROJECT NUMBER AND NAME:
01 Additional Restroom Tiling 06/15/21 -$8,648.60 5 W.D. No Yes No 02 Addition of Two HVAC Curb Adapters 10/17/21 $4,200.00 0 W.D. No Yes No 03 Removal and Replacement of Existing Ladder and Roof
Access
10/17/21 $7,956.22 0 W.D. No Yes No
04 Ten Additional Working Days For CCO # 3 10/17/21 $0.00 10 W.D. No Yes No Total Change Orders Processed To Date: $3,507.62
Original Contract Amount: $445,470.00
IDA To:

Total Working Days Time Extension: 15
Original Director's CCO Authority: $44,547.00
IDA Date: 1/21/2021
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 20, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) Project
CONTACT: Pete Kambel, Senior Civil Engineer, [email protected] (209) 577-5444 DESCRIPTION:

Consider accepting the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,222,355 to George Reed, Inc., of Modesto, CA. (Funding Source: Congestion Mitigation and Air Quality (CMAQ), Regional Surface Transportation Program Funds (RSTP), Streets Community Facilities Fees (CFF), and Measure L MOE Funds)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

In March 2010, the City applied for Congestion Mitigation and Air Quality (CMAQ) funds to install a right-turn lane at southbound McHenry Avenue to westbound Briggsmore Avenue. The proposed work included paving to add a right turn lane, installation of curb, gutter, sidewalk, landscape improvements and modification of the traffic signal at this intersection.

On August 3, 2011, by Resolution No.2011-321, Council approved this project as a new Capital Improvement Program (CIP) project and accepted CMAQ funds in the amount of $125,000 for Preliminary Engineering and $185,000 for the Land Acquisition and Utility Relocation phases of this project.

On March 10, 2015, by Resolution No. 2015-76, $190,300 in Streets CFF fund reserves were transferred to the Land Acquisition phase of this project. #26..
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City Council July 12, 2022
Accept Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) Project as Complete

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On May 12, 2015, by Resolution No. 2015-148, Council accepted $25,000 in Regional Surface Transportation Program (RSTP) funds to the Preliminary Engineering phase of this project.

On October 11, 2016, by Resolution No. 2016-409, Council accepted $19,000 in CMAQ funds for the Preliminary Engineering phase, transferred $4,000 in Streets CFF funds to the Utility Relocation phase, and accepted $504,630 in CMAQ funds for the construction phase of this project. This resolution also reduced the Right of Way and Utility Relocation phases by $106,935 in CMAQ funds and added these funds to the Construction phase.

On July 10, 2018, by Resolution No. 2018-277, Council accepted an additional $178,962 in CMAQ funds for the Preliminary Engineering ($24,000), and Construction ($154,962) phases of this project.

On November 12, 2019, by Resolution No. 2019-505, Council accepted $850,000 in CMAQ funds for the Construction phase of this project.

DISCUSSION:

The project was advertised for bids on June 30, 2020. Bids were publicly opened on August 4, 2020, pursuant to Modesto Municipal Code section 8-3.403 and City Charter Section 1307. Three bids were received, and George Reed, Inc., of Modesto, CA, was the apparent lowest bidder at

15.95% below the engineer’s estimate.

On September 22, 2020, by Resolution No. 2020-393, Council awarded a contract to George Reed, Inc., of Modesto, CA, for the construction of the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) project in the amount of $1,168,665.

The contractor received the Notice to Proceed with a first working day of November 16, 2020. All contract work was completed by September 9, 2021.

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $1,222,355. The work is covered by a one-year warranty for any issues that may arise.

Staff recommends project acceptance as the contractor has complied with all contract requirements for the project.

FISCAL IMPACT:

The total project costs were $1,975,757 which included design, construction, and construction administration costs. The total project amount originally budgeted was $3,021,892 which included $1,285,532 for the construction contract and contingency with George Reed, Inc. of Modesto, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, states that a contract of at least $1,000,000 but less than $10,000,000 allows Directors Authority not to exceed eight percent (8%) of the contract amount.
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City Council July 12, 2022
Accept Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) Project as Complete

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On September 22, 2020, by Resolution No. 2020-394, council authorized the Director of Utilities approval of change orders up to 10% of the original contract price for the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue, CML 5059 (168) Project.

Therefore, the approved contingency amount for the project was $116,687.

There were thirteen change orders resulting in an overall increase of $53,690 related to change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below:
100632 – CED. Land Development Engineering “Rt Turn Ln McHenry to Briggs” PROJECT EXPENDITURES:

Construction Contract (George Reed, Inc.) $1,168,665
Construction Contingency (Change Orders) 4.6% $53,690
Land Acquisition 20.6% $240,605
Utility, EIR 1.7% $19,388
Construction Administration – City Staff Support 21% $244,856 Engineering Design/Admin. – City Staff Support/Misc. 21.3% $248,553 TOTAL CONSTRUCTION EXPENDITURES: $1,975,757
*Percentages are based on Construction Contract amount.

COMMITTEE RECOMMENDATION:

The Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML5059 (186) project was presented to the Economic Development Committee on January 8. 2020, as a report on upcoming Capital Improvement construction projects and was recommended to forward to Council for future award of construction.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) project project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,222,355 to George Reed, Inc., CA.

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

1. Resolution

2. CCO Log

3. Project Suspension Form
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION ACCEPTING THE STREET IMPROVEMENTS SOUTHBOUND MCHENRY AVENUE TO WESTBOUND BRIGGSMORE AVENUE CML-5059 (186)

PROJECT AS COMPLETE, AUTHORIZING ALL NECESSARY STEPS TO FILE

WITH THE COUNTY RECORDER, RELEASING SECURITIES, AND RELEASING PAYMENTS TOTALING $1,222,355 TO GEORGE REED, INC., CA
WHEREAS, in March 2010, the City applied for Congestion Mitigation and Air Quality (CMAQ) funds to install a right-turn lane at southbound McHenry Avenue to westbound Briggsmore Avenue, and
WHEREAS, the proposed work included paving to add a right turn lane, installation of curb, gutter, and sidewalk and modification of the traffic signal at this intersection, and WHEREAS, on August 3, 2011, by Resolution No.2011-321, Council approved this project as a new Capital Improvement Program (CIP) project and accepted CMAQ funds in the amount of $125,000 for Preliminary Engineering and $185,000 for the Land Acquisition and Utility Relocation phases of this project, and
WHEREAS, on August 3, 2011, by Resolution No.2011-321, Council approved this project as a new Capital Improvement Program (CIP) project and accepted CMAQ funds in the amount of $125,000 for Preliminary Engineering and $185,000 for the Land Acquisition and Utility Relocation phases of this project, and
WHEREAS, on March 10, 2015, by Resolution No. 2015-76, $190,300 in Streets CFF fund reserves were transferred to the Land Acquisition phase of this project, and WHEREAS, on May 12, 2015, by Resolution No. 2015-148, Council accepted $25,000 in Regional Surface Transportation Program (RSTP) funds to the Preliminary Engineering phase of this project, and
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2 WHEREAS, on October 11, 2016, by Resolution No. 2016-409, Council accepted $19,000 in CMAQ funds for the Preliminary Engineering phase, transferred $4,000 in Streets CFF funds to the Utility Relocation phase, and accepted $504,630 in CMAQ funds for the construction phase of this project. This resolution also reduced the Right of Way and Utility Relocation phases by $106,935 in CMAQ funds and added these funds to the Construction phase, and
WHEREAS, on July 10, 2018, by Resolution No. 2018-277, Council accepted additional $178,962 in CMAQ funds for the Preliminary Engineering ($24,000), and Construction ($154,962) phases of this project, and
WHEREAS, on November 12, 2019, by Resolution No. 2019-505, Council accepted $850,000 in CMAQ funds for the Construction phase of this project, and WHEREAS, bids were advertised on June 30, 2020. Bids were publicly opened on August 4, 2020, pursuant to Modesto Municipal Code section 8-3.403 and City Charter Section 1307. Three bids were received, and George Reed, Inc., of Modesto, CA, was the apparent lowest bidder, and
WHEREAS, on September 22, 2020, by Resolution No. 2020-393, Council awarded a contract to George Reed, Inc., of Modesto, CA, for the construction of the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) project in the amount of $1,168,665, and
WHEREAS, the contractor received the Notice to Proceed with a first working day of November 16, 2020. All contract work was completed by September 9, 2021, and WHEREAS, the total project costs were $1,975,758 which included design, construction, and construction administration costs. The total project amount originally budgeted was #26..
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3 $3,021,892 which included $1,285,532 for the construction contract and contingency with George Reed, Inc., of Modesto, CA., and
WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, states that a contract of at least $1,000,000 but less than $10,000,000 allows Directors Authority not to exceed eight percent (8%) of the contract amount, and
WHEREAS, the approved contingency amount for the project was $116,687, and WHEREAS, there were thirteen change orders on this project with an overall increase of $53,690, and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML5059 (186) project is hereby accepted as complete from contractor, George Reed, Inc., of Modesto, CA., and that the City Clerk is authorized to complete all necessary steps to file the appropriate notices and documents with the County Recorder, release securities, and authorize payments totaling $1,222,355.
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4 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of July, 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: ____________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: January 12, 2022
TIME
EXT.
2020/22 - Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue, CML-5059(186) (100632)
PROJECT NUMBER AND NAME:
01 Additional Working Days For Long Lead Items 04/23/21 $0.00 73 W.D. No No Yes 02 Install Rebar for the Street Light Foundation 09/15/21 $1,250.00 0 W.D. No Yes No 03 Additional Working Days For Long Review Time on
TCP Submittal
09/15/21 $0.00 50 W.D. No Yes No
04 Remove Existing Pier Foundation 11/19/21 $7,962.30 0 W.D. No Yes No 05 Remove Thru-Arrow at WB Briggsmore Avenue 11/19/21 $2,765.70 0 W.D. No Yes No 06 Provide and Install PED Push Button and Six Indicators 11/19/21 $8,259.30 0 W.D. No Yes No 07 After Hours Asphalt 11/19/21 $2,000.00 No Yes No
08 Additional Striping Required 11/19/21 $9,371.25 0 W.D. No Yes No 09 Decrease Bid Item # 17, Increase Bid Item # 21, Credit For € 3" Electric Conduit
11/19/21 -$540.00 0 W.D. No Yes No
10 Chip Foundation 3" Deep and Chip Bollard Footings 11/19/21 $7,888.08 0 W.D. No Yes No 11 Increase Bid Items 11/19/21 $47,894.70 0 W.D. No Yes No 12 Stand By For Design Change At Rockwells and Raise
SSMH To Grade
12/31/21 $1,967.30 0 W.D. No Yes No
13 Adjust Quantities Consistent With Field Conditions 01/28/22 -$35,129.00 0 W.D. No Yes No Total Change Orders Processed To Date: $53,689.63
Original Contract Amount: $1,168,665.00
IDA To: $116,687.00
Total Working Days Time Extension: 123
Original Director's CCO Authority: $93,493.20
IDA Date: 9/22/2020
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6/16/22
6/16/2022
Financial Analyst (Assets) __________________________ Date: _______________________ 6/22/22 #26..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 16, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Approve and Certify the Sewer System Management Plan Update CONTACT: Robert Englent, Wastewater Collection Systems Superintendent, [email protected], 209-577-6222

DESCRIPTION:

Consider approving and certifying an update to the City of Modesto Sewer System Management Plan. (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’s sanitary sewer system is regulated by the State Water Resources Control Board (SWRCB). On May 2, 2006, the SWRCB adopted Order No. 2006-0003-DWQ1, Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. The WDR governs the operations and maintenance of wastewater collection systems and requires agencies to develop, implement, and periodically update a system-specific Sewer System Management Plan (SSMP).

The SSMP is a guiding document for the proper management, operation, and maintenance of all parts of the sanitary sewer system. The goal of the WDR and the SSMP is to reduce and prevent Sewer System Overflows (SSO), and to mitigate the effects of any SSOs that do occur.

Adherence to the SSMP aids staff in achieving the City’s goal of reducing SSOs and ensures continued compliance with all State and Federal regulations. The SSMP must be approved by the “Enrollees” governing board (Modesto City Council) at a public meeting. 1 State Water Resources Control Board Order No. 2006-0003-DWQ can be found at https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2006/wqo/wqo2006_0003.pdf #27..
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City Council, July 12, 2022
Approve and Certify the Sewer System Management Plan Update

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The development of the SSMP was approved by City Council on July 24, 2007, by Resolution No. 2007-460.

The SSMP was completed, certified and approved by the City Council on April 7, 2009, by Resolution No. 2009-150.

Updates to the SSMP were approved February 7,2012, by Resolution 2012-49, March 3, 2015, by Resolution 2015-72, and on September 5, 2017, by Resolution 2017-357.

DISCUSSION:

The WDR requires staff to perform audits on the SSMP a minimum of every two years and complete updates every 5 years, or when there are significant changes made to operations.

In order to facilitate proper funding and management of the City’s sanitary sewer system, Staff has conducted internal SSMP audits in November 2013, October 2014, October/November 2016, August 2017, February 2019 and February 23, 2021. The most recent audit report and findings are included in Section 10 of the updated SSMP.

Major SSMP audit findings:
 Changes in Utilities Management (2019 Audit)
 The November 2018 Audit was conducted, but not completed until February 2019 to capture full calendar year of SSOs (2019 Audit)
 Changes in supervisory staff (2021 Audit)
 Updates to the SSO Trends in SSMP Element 9, Monitoring, measurement, and plan modifications (2019 and 2021 Audits)
These audit findings require the SSMP be updated to incorporate the changes.

If the City failed to approve and/or update the SSMP, it would be in violation of Order No. 2006- 0003-DWQ, Statewide General Waste Discharge Requirements and the City would be subject to penalties up to $10,000 a day.

FISCAL IMPACTS:

There are no costs associated with approval of the updated SSMP; however, there are costs associated with the implementation of various elements of the SSMP. These implementation costs are reflected in the Utilities, Wastewater Collections annual budget: 4210-44211-Various.

COMMITTEE RECOMMENDATIONS:

This item was considered by the Economic Development Committee on June 06, 2022, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Resolution approving and certifying an update to the City of Modesto Sewer System Management Plan.
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City Council, July 12, 2022
Approve and Certify the Sewer System Management Plan Update

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Approved by:

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

1. Resolution

2. Sewer System Management Plan 2022

3. SSMP Program Audit 2019

4. SSMP Program Audit 2021
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022 –

RESOLUTION APPROVING AND CERTIFYING AN UPDATE TO THE CITY OF

MODESTO SEWER SYSTEM MANAGEMENT PLAN
WHEREAS, the City of Modesto’s sanitary sewer system is regulated by the State Water Resources Control Board (SWRCB); and
WHEREAS, on May 02, 2006, the SWRCB adopted Order No. 2006-003-DWQ, Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems; and
WHEREAS, the WDR governs the operations and maintenance of wastewater collection systems and requires agencies to develop, implement, and periodically update a system-specific Sewer System Management Plan (SSMP); and WHERES, the SSMP is a guiding document for the proper management, operation, and maintenance of all parts of the sanitary sewer system; and WHEREAS, adherence to the SSMP aids staff in achieving the City’s goal of reducing SSOs and ensures continued compliance with all State and Federal regulations; and
WHEREAS, the SSMP must be approved by the “Enrollees” governing board (Modesto City Council) at a public meeting; and
WHEREAS, the WDR requires staff to perform audits on the SSMP a minimum of every two years and complete updates every 5 years, or when there are significant changes made to operations; and
WHEREAS, City staff has conducted internal SSMP audits in November 2013, October 2014, October/November 2016, August 2017, February 2019, and February 23, 2021; and
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WHEREAS, the most recent audit report and findings are included in Section 10 of the updated SSMP; and
WHEREAS, these audit findings require the SSMP be updated to incorporate the changes.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves and certifies an update to the City of Modesto’s Sewer System Management Plan (SSMP).

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of July, 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: _________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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Sewer System Management Plan
Updated June 2022
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I. GOAL
DATE ISSUED: 4-6-2009
DATE REVISED: 10-02-2014
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
The goal of the SSMP is to provide the City of Modesto with a plan and schedule to properly manage, operate, and maintain all parts of the wastewater collections system.

It is the goal of the Wastewater Collection Division to:
 Promote a safe working environment
 Eliminate or minimize both dry and wet weather sanitary sewer overflows (SSOs)  Mitigate the impact of SSOs that do occur
 Fully comply with all State and Federal regulatory requirements  Provide excellent customer service
 Provide adequate capacity to convey peak flows
 Manage and operate the wastewater collection system using the best management practices available
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II ORGANIZATION
DATE ISSUED: 4-6-2009
DATE REVISED: 12-30-2014, 10-25-2016,
8-3-2017, 2-12-2019, 1-7-2021
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
The WDR requires that the SSMP identify the organizational structure responsible for implementing the SSMP elements.
a) The SSMP must indicate the name of the person(s) designated by the City as either a principal executive officer or ranking elected official, or by a duly authorized representative of that person, as described in paragraph (J.1.ii) of the State Water Resources Control Board Order No. 2006-0003, General Waste Discharge Requirements (WDR). The Legally Responsible Official (LRO) must receive authorization from another LRO and have responsibility for the overall operation of the regulated facility or activity.

Legally Responsible Official: Robert Englent, Wastewater Collections Superintendent b) The following are the names and telephone numbers of the positions responsible for implementing specific measures of the SSMP. Specific lines of authorities are shown in the attached organizational chart.

The names, telephone numbers, and positions of staff responsible for developing and implementing the SSMP are as follows:
 Director of Utilities: Will Wong (209) 577-5261
o Director – Responsible for establishing and maintaining the goals and objectives of the wastewater collection system as described in the SSMP, and ensuring current wastewater rates are adequate to meet those objectives.
 Wastewater Collections Superintendent: Robert Englent (209) 577-6222 o Manager – Overall responsibility for the wastewater collection system and SSMP development and compliance.
 Wastewater Collections Supervisor: Bob Eusebio (209) 577-6239 o Wastewater Collections Supervisor – Responsible for implementation of the SSMP Operations and Maintenance Program (OMP) and the Overflow Emergency Response Plan (OERP).
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 Wastewater Collections Supervisor: Vacant (209) 577-6287 o Construction Supervisor – Responsible for wastewater and storm water construction staff performing system repairs and replacement as described in the OMP.
 Wastewater Collections Supervisor: John Adams (209) 577-6234 o Customer Service/Storm Supervisor – Provides customer service response to sewer calls and SSMP back-up assistance to other supervisors.
 Engineering Manager: Jesse Franco (209) 571-5801
o Responsible for oversight of the City’s Capital Improvement Plan (CIP) and elements of the System Evaluation and Capacity Assurance Plan (SECAP).
 Environmental Regulatory Compliance Manager: Vacant (209) 577-6240 o Responsible for establishing and implementing the City’s Fats, Oils, and Grease (FOG) Program, SSO chain of communication, and the prevention of illicit discharges.
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c) SSO Reporting Chain of Communication
 City of Modesto, (209) 577-6200, receives call of SSO from public  Sewer maintenance crew and Environmental Compliance personnel are dispatched to mitigate & clean-up SSO
 SSO form completed by Wastewater Collections and Environmental personnel  2 hour notifications of SSOs greater than 1,000 gallons or those entering a waterway are typically reported by the Environmental Compliance personnel, but can also be done by Wastewater Collections personnel
 SSO forms forwarded to Wastewater Collections Supervisor  Once all information is reviewed and verified, SSO event is certified by Wastewater Collections Manager
The following flow charts show the City of Modesto’s Utilities Wastewater Division and its assigned personnel.
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CITY OF MODESTO III. LEGAL AUTHORITY
DATE ISSUED: 4-6-09
DATE REVISED: 12-30-2014, 1-3-2017
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
Each enrollee must demonstrate, through sanitary sewer ordinances, service agreements, or other legally binding procedures, that it possesses the necessary right to:

A. Prevent illicit discharges into its sanitary sewer system (examples may include I/I, storm water, chemical dumping, unauthorized debris and cut roots, etc.); a. The following ordinances pertain to the prevention of illicit discharges into the sanitary sewer system and can be found in the City of Modesto Municipal Code.

TITLE 5 – SANITATION AND HEALTH
Chapter 6 – Wastewater Collection and Disposal
Article 2 – Regulations
B. Require that sewers and connections be properly designed and constructed; a. The City ordinances pertaining to the proper design and construction of sewers and connections are found in the following sections of the City of Modesto Municipal Code.

TITLE 4 – PUBLIC WELFARE, SAFETY AND HEALTH
Chapter 4 – Subdivision of Land
Article 8 – Improvements
C. Ensure access for maintenance, inspection, or repairs for portions of the lateral owned or maintained by the Public Agency;
a. City ordinances pertaining to lower lateral ownership are found in the following sections of the City of Modesto Municipal Code.

TITLE 5 – SANITATION AND HEALTH
Chapter 6 – Wastewater Collection and Disposal
Article 3 – Discharges of Fats, Oils, and Grease from Food Service Establishments
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D. Limit the discharge of fats, oils, and grease and other debris that may cause blockages, and
a. City ordinances pertaining to the discharge of Fats, Oils, and Grease (FOG) and other debris that may cause blockages are found in the following sections of the City of Modesto Municipal Code.

TITLE 5 – SANITATION AND HEALTH
Chapter 6 – Wastewater Collection and Disposal
Article 3 - Discharges of Fats, Oils, and Grease from Food Service Establishments E. Enforce any violation of its sewer ordinances.
a. City ordinances pertaining to the enforcement of City of Modesto sewer ordinances are found in the following sections of the City of Modesto Municipal Code.

TITLE 1 – GENERAL PROVISIONS
Chapter 2 – Penalty Provisions
TITLE 5 – SANITATION AND HEALTH
Chapter 1 – General Sanitation
Article 1 – Sanitary Regulations
Copies of both the City’s Municipal Ordinances and the Construction Standards can be obtained from the City’s website (www.modestogov.com).
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The City of Modesto sanitary sewer system collection system consists of approximately 655 miles of sewer pipes, 12,977 manholes, 48 lift stations and other related infrastructure.

The Wastewater Collections Division operates and maintains the sanitary sewer system using a reliability-centered preventive maintenance (PM) approach, which seeks to prevent stoppages and blockages within the sanitary sewer system by optimizing the PM schedule for each asset.

A. Maintain an up-to-date map of the sanitary sewer system, showing all gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities;

1. The City’s sanitary sewer and storm collection system assets are fully inventoried in a geographic information system (GIS) database system that is able to provide full mapping capabilities and asset attribute descriptions. All sewer and storm assets are listed in the GIS database (which is considered to be 99% accurate), which provides a complete asset inventory. The City’s Information Technology (IT) department is responsible for maintaining the GIS map of the sewer and storm infrastructure. Information gathered through asbuilt plans, field observations, or CCTV inspections are regularly provided to our GIS Analyst and incorporated into our system, as a result, our GIS data accurately reflects conditions in the field.

2. The database includes manholes, gravity lines, pump stations, pressure pipes, valves, rock wells, catch basins, detention/retention basins, and stormwater outfalls.

3. In early 2017, the City implemented a new Computerized Maintenance Management System (CMMS) called Lucity. All Wastewater Collections staff has mobile access to the system through cellular connected tablets. The mobile Lucity system provides staff with real-time access to the mapping, work requests, work orders, work history, and PM schedules.

IV. OPERATIONS AND MAINTENANCE

PROGRAM
DATE ISSUED: 4-6-09
DATE REVISED: 12-30-2014, 01-10-2017,
08-03-2017
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
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B. Describe routine preventive operation and maintenance activities by staff and contractors, including a system for scheduling regular maintenance and cleaning of the sanitary sewer system with more frequent cleaning and maintenance targeted at known problem areas. The Preventive Maintenance (PM) program should have a system to document scheduled and conducted activities, such as work orders;

1. In addition to the GIS database, the City also maintains a Computerized Maintenance Management System (CMMS). The City uses the CMMS to create and update of sanitary sewer and storm sewer Preventive Maintenance (PM) schedules. Accurate and timely PM schedules are essential to the proper operation of the sanitary sewer and storm sewer collection systems. The goal of the PM program is to provide the proper amount of maintenance needed in order to keep the system functioning without failure. All maintenance activities are documented within the CMMS

2. The City’s maintenance program includes regular periodic cleaning and maintenance of the sanitary sewer system, and more frequent or accelerated cleaning and maintenance of known problem areas (Hot Spots). Routine cleaning cycles are established for all lines and performed on a rotating basis of 3 to 5 years. When necessary, cleaning cycles are accelerated and can range from 2 years to monthly. The City has a formal SSO and stoppage follow-up procedure to determine the appropriate course of action following an SSO or stoppage. Follow-up action can consist of an accelerated cleaning frequency, spot repairs, and/or a Capital Improvement Project. Regular scheduled maintenance is also performed on all lift stations.

For more information see the following:
 Standard Operating Procedure (SOP) C-12, Sewer Preventive Maintenance
 SOP C-13, Optimizing PMs
 SOP C-7, Sewer Maintenance
 SOP C-16, Sewer Root Control
C. Develop a rehabilitation and replacement plan to identify and prioritize system deficiencies and implement short-term and long-term rehabilitation actions to address each deficiency. The program should include regular visual and TV inspections of manholes and sewer pipes, and a system for ranking the condition of sewer pipes and scheduling rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and replacement plan should include a capital improvement plan that addresses proper management and protection of the infrastructure assets. The plan shall include a time schedule for implementing the short- and long-term plans plus a schedule for developing the funds needed for the capital improvement plan;

1. The City of Modesto utilizes closed circuit television (CCTV) inspection to perform physical condition assessments and determine the priorities for Rehabilitation and Replacement (R&R). Sewer infrastructures identified as deficient are evaluated to determine if the infrastructure needs a spot repair or a Capital Improvement Project (CIP).
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The City has one in-house CCTV crew which consists of two members who perform routine, warranty and emergency video inspections of the City’s sewer and storm lines. The CCTV inspections are also used during SSO and stoppage follow-ups to determine if a given line segment requires accelerated maintenance, a spot repair, or replacement through a CIP. Using CCTV inspection, the root cause of a failure can be identified and a plan created to address defects, or if necessary, make repairs. All CCTV inspections rate the condition of observed defects on a scale of 1 through 5; with 1 being, “not likely to fail” and 5 being, “line has failed or failure is imminent”. The City then uses this information to set priorities for the CIP Program. The City also uses CCTV contractors as necessary. An analysis of all documented SSOs showed that 93% of all SSOs within the City of Modesto come from 6” and 8” lines. As a result, in May 2014, the City hired a CCTV contractor to assist with the City inspection of all 6” and 8” sewer lines. In October 2014, the City issued a Request for Proposals (RFP) to perform a condition assessment of City trunk sewers and siphons. Both inspection programs were completed in December 2016.

The Wastewater Fund provides for an annual Collection System R&R CIP, which consists of projects identified by the Wastewater Collections Section and are listed below.

D. Provide training on a regular basis for staff in sanitary sewer system operations and maintenance, and require contractors to be appropriately trained; and Training

1. The City staff responsible for maintaining the sewer system, are trained and experienced Collection System Operators committed to performing the duties required in a safe and effective manner. Employees are trained in Standard Operating Procedures (SOPs) for all maintenance operations, including sewer cleaning, sewer and storm repairs, overflow emergency response and other functions. Employees are trained to be competent in the safe operations of vehicles and equipment necessary to clean and maintain our sanitary sewer system. Employees are also rotated among different crews and sections to learn new skills and maintaining existing skills.

The City has developed SOP’s for sewer and storm cleaning using combination jet/vac trucks and power rodders. Operators regularly receive operational training based on these SOPs. In addition, as further training events are identified, employees are selected and sent as needed. The City tracks each employee’s training, associated contact hours, and encourages operator certification.

A copy of the Sewer Maintenance SOP is attached, see Attachment C: SOP C7, Sewer Maintenance.

The following table lists all training provided to Collection System Operators. All journey level operators are expected to be trained in all areas. #27..
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Bloodborne Pathogens Training Tailgate Training on how to prevent occupational exposure. Include warnings about the
dangerous nature of blood and OPIM, mention
that many BBP have no cure and are deadly,
and some tips on avoiding contact. Also
include methods for disinfection (bleach).

Anyone who might
encounter Blood or OPIM
in the workplace
CMMS Training Initial Training Training on use of the City's CMMS Anyone responsible for entering data into the
CMMS or who needs to
report data from the
CMMS.

Commercial Driver's License
Prep
Initial Training Training to prepare a driver to take the Commercial Driver’s License Test
Anyone who will be getting
a Class A or B license for
the City
Confined Space Safety Training Detailed course on Confined Space Entry including non-entry rescue and the roles of
entrant, attendant, and entry supervisor
Anyone assigned to work
in confined spaces
Customer Service Training Seminar How to interact with customers in the field and represent the City well.

Any employee who
interacts with the public in
the course of their duties
Defensive Driver Training Safety Training Safe Driving methods applicable to the type of vehicle assigned
Anyone who will drive for
the City
Drug and Alcohol Abuse Policy Safety Training Training on the City's Drug and Alcohol Abuse policy, including parts from the DOT policy
All employees, especially
those in the DOT pool
Emergency Response Safety Training Cover the individual employee's responsibilities in an emergency
Anyone with a role in the
Emergency Response
Plan (everyone)
Ergonomics Safety Training For office personnel, cover setting up a safe workstation and signs/symptoms that
something is wrong. Cover posture. For field
personnel, cover repetitive motion injuries,
neutral position, safe work postures, safe lifting,
safe carrying/working zone, and signs and
symptoms of stress/injury
All personnel
Excavation Safety Safety Training Covers Trenching and Shoring, safe equipment operating procedures, overhead work
procedures, plating, backfill and compaction,
construction safety orders confined space work,
terracing, etc.

Any Employee assigned to
perform excavation or
work in or around
excavations
Fall protection Safety Training Use, inspection, care, storage, fit, selection of harnesses, fall arrestors, block and tackle,
crank, tripod, davit arm, and other fall
protection equipment. Cover fall protection
standard and guidelines for handrails.
\\comfilesrv1\shared\WQC\TRAINING\Fall
Protection Training OSHA.pdf
Assigned to perform work
where there is a danger of
falling
Fire Extinguishers Tailgate Annual training on the use of fire extinguishers, especially: how to select, how to use, how to
inspect, and when to use (only if the fire has
not caught beyond the original source of
ignition.)
Everyone
First Aid/CPR Training Safety Training Methods for application of First Aid and CPR, including BBP training
Field personnel,
supervisors, others as
assigned by supervisors
HazCom Safety Training Location of MSDS, overview of the hazards common to the jobs assigned to the employee
(not just chemicals), location of JHAs, PPE,
how to use equipment to protect against
hazards (fume hoods, machine guards, office
chairs, etc.)
Everybody needs this
training, supervisors must
identify the relevant
miscellaneous hazards.

Note: some other hazards,
like hearing loss are
covered elsewhere
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Hazwoper Vendor Safety
Training
See Hazwoper Training Program (found in WW
Training Program)
See Hazwoper Training
Program (found in
Wastewater Training
Program)
Hearing Conservation Vendor Safety
Training
Cover the Hearing Conservation Program,
especially the parts about when/where to use
hearing protection
Employees who work
around noise hazards
Heat Stress and Illness Tailgate Cover signs, symptoms, and ways to avoid heat stress/illness
Any employee exposed to
heat stress at work
IIPP Safety Training Hazard Identification and mitigation, Roles, Safety Inspections, Communication, Training,
Discipline, Recognition
Everybody, even temps
Job skills training Seminar Specific CWEA training on topics such as digester math, sludge dewatering, nozzle
selection, safety, laboratory method selection,
etc. Description Recommended.

Staff should attend some
sort of outside specific
training at least once
every 2 years
Job Specific SOPs Initial Training Review all job specific SOPs As jobs are assigned Ladder and Scaffold Safety Tailgate Use, inspection, care, storage, and selection of ladders and scaffolds.

Employees assigned to
perform work that requires
a ladder
LOTO Safety Training Cover LOTO program, equipment specific procedures, and use of LOTO devices
Any employee whose work
exposes them to sources
of potentially hazardous
energy.

Manhole Safety Training Tailgate Review safe methods for removing a manhole cover
anyone who opens
manhole covers
NIMS SEMS 700a Vendor Safety
Training
National Incident Management System, An
Introduction
All government employees
NIMS SEMS ICS 100 Vendor Safety
Training
Introduction to the Incident Command System All government employees Orientation Initial Training Introduce to staff, chain of command, pool vehicles, lunch/break times and areas, smoking
area, requesting time off, copy room, supply
areas, sick line SOP, etc.

All employees
PPE Safety Training What to wear, how to use, limitations, maintenance, fit, inspect, don, doff, review of
relevant JHAs
Anyone issued PPE,
assigned any task
requiring the use of the
PPE
Temporary Traffic Control/Work
Zone Safety
Safety Training Covers the tools and methods for conducting work in the public right-of-way.

Any employees assigned
to work in the public rightof-way
Vaporrooter Training Tailgate Review of Vaporrooter plan and hazards presented by vaporrooter
Employees who work
around the sewer system
during vaporrooter
operations
Vehicle Use/Maintenance
Policies
Tailgate SOPs and ADs regarding vehicle use,
maintenance, and accident reporting, especially
seatbelt use and Radio/Cell phone use while
driving
Anyone who will drive for
the City
Workplace Violence Training Seminar How to defuse a potentially volatile situation Any employee who interacts with the public in
the course of their duties
Asbestos Safety Training See Cal-OSHA Standard to determine appropriate level of training
Anyone whose work might
disturb asbestos
Backhoe Operations Initial Training Training on how to safely operate a backhoe Assigned to operate a backhoe
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concrete/masonry grinding Safety Training Anyone who grinds concrete or masonry
Crane Operator Training Vendor Safety
Training
Training needed to pass certified crane
operator exam, typically provided by an outside
vendor
Anyone who will be
operating a crane
Crane Rigger Training Vendor Safety
Training
Training on proper crane rigging, Crosby has
provided for free in the past
Anyone who will rig crane
loads
Electrical Safety Program
Overview
Safety Training review relevant aspects of the Electrical safety program
Any employee assigned to
work on, with, or near
electrical equipment
Fork Lift Operations Safety
Training/Practical
Exercise
Training on the safe operation of forklifts,
practical exam and re-cert Recommended once
every 3 years
Any employee assigned to
operate a forklift
Hazardous Waste Disposal Safety Training Covers disposal of hazardous wastes such as oil, rags, light bulbs, batteries, and other such
wastes produced on site including spills of
hazardous materials and illegal dumping
Employees who work with
hazardous materials
Hot work (welding, cutting,
soldering, grinding, etc.)
Safety Training Review hot work program and requirements Any employee who will perform hot work or act as
a fire guard per the hot
work program
Personnel Lift Equipment Safety Training Instructions for use of all equipment used to lift personnel (aerial lift, bucket truck,
scissor/Man/Genie lift, etc.)
Anyone assigned to work
with any personnel lift
equipment
Respiratory Protection Vendor Safety
Training
Review of Program, especially which
equipment to use and when, fit test, medical
evaluation
Any employee allowed or
assigned to use a
respirator
Safe Chemical Handling and
Storage
Tailgate Labeling, secondary containment, approved
containers, storage, compressed gas, spill
response, accidental exposure etc. for
chemicals the employee may encounter
Uses potentially
hazardous chemicals
USA tagging training Vendor Safety
Training
Cover methods for conducting USA Tagging
operations
Assigned to perform USA
Tagging

2. The City Standard Specifications require contractors to comply with all state and federal regulations including Occupation Health and Safety Administration (OHSA) regulations. The City of Modesto has not historically required contractors to provide documentation of training; however, the City is planning to implement this requirement in the future.

E. Provide equipment and replacement part inventories, including identification of critical replacement parts.

1. The Wastewater Collections Division works with Fleet Services Division which provides vehicles to the Collections Division. Wastewater Collections also works closely with the Wastewater Operations and Maintenance Division which operates and maintains the collection system pump stations.

All collection system assets and rolling equipment are managed by asset management software to ensure all vehicles and equipment are properly maintained.

Below is a list of all vehicles assigned to Wastewater Collections:
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Collection System Vehicles
Type
# of
Vehicles Type
# of
Vehicles
Arrow Board 2 Sedan 1
Back Hoe 2 Message Board 1
CCTV Van 1 Loader 1
Compressor 1 Power Rodder 1
Crane 1 Trailer 3
Crane Truck 2 Jet/Vac 5
Dump Truck 4 Fork Lift 2
Generator 9 Truck 12
Construction Utility
Truck 2
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V. DESIGN AND PERFORMANCE

PROVISIONS
DATE ISSUED: 4-6-09
DATE REVISED: 12-30-2014, 01-10-2017
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent

DESIGN AND PERFORMANCE PROVISIONS
a) The City has adopted design, construction, and performance Standard Specifications for the installation of new sanitary sewer systems, pump stations, and other appurtenances.

The City adheres to these Standards when performing rehabilitation and/or repair of existing sanitary sewer systems. These standards and provisions include, design procedures, construction standards and materials specifications that are necessary to have an effective sewer system.

1. The City ordinance requiring improvements to conform to City Standards is located within the following City of Modesto Municipal Code.
i. TITLE 4 – PUBLIC WELFARE, SAFETY AND HEALTH
ii. Chapter 4 – Subdivision of Land

2. The City of Modesto Standard Specifications 2014 is published on the City’s website: www.modestogov.com/505/Utilities-Department

3. The procedure and standards for inspection and testing, related to the installation of new sewers, pumps, and other appurtenances, including rehabilitation and repair projects; is described in the City Standards and can be found in Section 5.04 D.
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VI. OVERFLOW EMERGENCY

RESPONSE PLAN
DATE ISSUED: 4-6-09
DATE REVISED: 6-28-10, 12-30-2014, 08-03-
2017
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
The City responds to sanitary sewer overflows and other sewer emergencies according to a wellestablished emergency response plan. This plan covers the necessary procedures and timeframes for properly handling an incident and mitigating its impacts including:

A. The City of Modesto has developed notification procedures to ensure that all SSOs are responded to and reported in a timely manner.
a. Notification procedures for primary responders are included on page 8 of SOP S-5, Front Desk Procedures.
b. Notification procedures for regulatory agencies are part of the City of Modesto Sanitary Sewer Overflow Manual. The SSO Manual includes instructions to primary responders and notification details including contact information.  SOP, S-5 Front Desk Procedures
 Sewer Overflow Manual
B. The City of Modesto has developed SOPs to ensure that all SSOs receive the appropriate response. This SOP includes a picture chart used in SSO volume estimation and instructions for completing the SSO report.
 SOP, C-10 SSO Response
C. The City has developed an SOP to ensure that all SSOs are reported in accordance with the MRP, the California Water Code, State Law, Regional Water Board WDRs, and/or NPDES permit requirements. This SOP includes reporting and contact information for primary responders to use during an SSO.
 SOP, Regulatory Notification Packet, RN-1
D. The City of Modesto does not use contractors for SSO or Emergency Response. Contractors would only be used to make emergency repairs to large trunk sewers or to clean-up hazardous materials. The City of Modesto conducts annual SSMP training for Wastewater Collections staff. The City does not have an SOP stating required training for Collection System Operators.

E. Emergency Procedures are contained within the SOP: C-10, SSO Response and the SSO Overflow Packet.

F. SSO Containment procedures are contained within the SOP: C-10, SSO Response #27..
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VII. FOG CONTROL PROGRAM
DATE ISSUED: 4-6-09
DATE REVISED: 6-28-10, 12-30-2014, 08-03-
2017
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
Fats, oils and grease (FOG) can be a significant cause of sanitary sewer blockages. FOG is introduced into the sewer system from various sources, including residences, industrial businesses and restaurants.

The City’s FOG program uses a balanced approach to address this problem through procedures are designed to ensure compliance during the plan review, permit issuance and inspection processes. The City requires that grease removal devices be installed in certain applications, such as restaurants and other grease-discharging facilities, and these facilities are required to install and maintain a grease interceptor with a minimum capacity of 750 gallons.
a) The City’s FOG public education outreach program has been fully implemented and is an on-going program. The City performs a number of outreach efforts to inform the public about the problems caused by FOG and how to reduce or eliminate them. This includes informational inserts included in utility bills and FOG signs on Jet/Vac trucks. b) The City maintains a list of approved FOG disposal facilities for the disposal of FOG generated within the system service area.
c) City ordinances pertaining to the discharge of Fats, Oils, and Grease (FOG) and other debris that may cause blockages are found in the following sections of the City of Modesto Municipal Code.
a. TITLE 5 – SANITATION AND HEALTH
i. Chapter 6 – Wastewater Collection and Disposal
ii. Article 3 - Discharges of Fats, Oils, and Grease from Food Service Establishments
b. Maintenance Requirements
Following are guidelines for maintenance at restaurant facilities:
i. Excess oils and grease must be placed in specified grease containers and disposed of properly. There will be no oils and grease poured into the drain.
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ii. The grease trap, grease interceptor, and/or solids interceptor must be completely cleaned or pumped out as often as necessary to avoid major grease and solids build-up. For grease traps and solids interceptors, ECS recommends the following:

1. Skim grease layer from the grease trap at least once a week.

2. Pump-out the grease trap at least once a month.

3. Clean the solids interceptor frequently
iii. Wastewater from the cleaning of kitchen floor mats must be directed through a gravity separation interceptor and then through the sanitary sewer system. The maintenance of all grease control devices will be governed under Modesto Municipal Code 5-6.219 Interceptor Maintenance:

1. Any person who owns or operates a gravity separation interceptor shall properly maintain the interceptor at all times.

The interceptor shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor. An interceptor is not considered to be properly maintained, if for any reason the interceptor is not in good working condition or if the operational fluid capacity has been reduced by more than twenty-five (25) percent by the accumulation of floating materials, sediment, oils or greases.

2. The use of chemicals, microbiological agents or other materials for the emulsification, suspension or dissolution of oil and grease is prohibited.

3. When an interceptor is cleaned, the removed sediment, liquid and floating material shall be legally disposed of in a manner other than to the City's collection system, POTW or storm drain.

Manifests for the cleaning of the interceptor shall be kept at the same facility as the interceptor and shall be available at all times for inspection.

4. If the interceptor is not maintained adequately under the conditions of use, the interceptor shall be resized and the user shall install one which is effective in accomplishing its intended purpose.

5. The owner and lessee, sub-lessee, proprietor, operator, or superintendent of any facility, required to install an interceptor, are individually and severally liable for any failure to properly maintain such an interceptor. In addition, the following is recommended for complexes that have grease-generating
facilities and private sewer lines within their property:
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6. When cleaning the sewer lines within the facility, the line must be vacuumed at the junction between the facilities' sewer line and the City's sewer line. This ensures that loosened grease and other constituents does not discharge and/or accumulate into the City's sewer line. The owner or the appropriate representatives shall determine the maintenance schedule of the facilities sewer line(s).
d) City ordinances pertaining to the installation of grease removal devices, maintenance requirements of grease removal devices, BMP requirements, record keeping and reporting requirements are found in the following sections of the City of Modesto Municipal Code.
a. TITLE 5 – SANITATION AND HEALTH
i. Chapter 6 – Wastewater Collection and Disposal
ii. Article 3 - Discharges of Fats, Oils, and Grease from Food Service Establishments
e) City ordinances pertaining to the authority to inspect grease producing facilities and the City’s enforcement authority are contained in the following section of the City of Modesto Municipal Code.
a. TITLE 1 – GENERAL PROVISIONS
i. Chapter 2 – Penalty Provisions
b. TITLE 5 – SANITATION AND HEALTH
i. Chapter 1 – General Sanitation

1. Article 1 – Sanitary Regulations
f) The City’s cleaning program records line conditions observed during cleaning.

Wastewater Collections adjusts Preventive Maintenance (PM) cleaning schedules based on observed conditions. Additionally, the City utilizes Closed Circuit TV (CCTV) inspections to evaluate pipe segments where stoppages or SSOs have occurred due to FOG and/or other factors. These procedures are identified in the following SOPs:
 Standard Operating Procedure (SOP) C-12, Sewer Preventive Maintenance  SOP C-13, Optimizing PMs
 SOP C-7, Sewer Maintenance
 SOP C-16, Sewer Root Control
g) Inspectors will investigate areas of concern where there is an indication that excess grease is accumulating to determine the source of FOG. If identified, appropriate actions are taken to eliminate the source.

The City of Modesto's Environmental Compliance Section works with the Collections section to identify any problems in the sewer lines that were caused by grease. If #27..
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Collections identifies a grease problem within the range of an area with any businesses that have the potential to discharge any grease, the problem is reported to the Environmental Compliance Section.

ECS inspectors would then go to the problem area and identify any grease discharging businesses that may have contributed to the problem. Inspectors will investigate areas of concern where there is an indication that excess grease is accumulating to determine the source of FOG. If identified, appropriate actions are taken to eliminate the source or the upgrade of, any grease control device(s).

If the facility has a grease trap or grease interceptor, the facility will have to show maintenance manifests and/or maintenance logs. If a discrepancy is noted, depending on the severity of the grease problem and type of grease collection device present, the facility is given a compliance schedule that would enable them to achieve compliance with current regulations. When a source of FOG is identified through the methods identified above, the City of Modesto, Regulatory Compliance Officer will work with the property owner/business owner to develop a corrective action plan to mitigate the source of FOG using the authority of the afore mentioned City ordinances.
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VIII. SYSTEM EVALUATION AND

CAPACITY ASSURANCE PROGRAM
DATE ISSUED: 4-6-09
DATE REVISED: 6-28-10, 12-30-14, 08-03-2017
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
The City of Modesto uses Closed Circuit TV (CCTV) inspection, operator input, flow monitoring, and hydraulic modeling to evaluate the condition of the collection system and ensure adequate capacity. Using this information, the City prepares and continually updates the collection system Capital Improvement Plan (CIP). The City’s CIP program is described within the Wastewater Collection System Master Plan. The City recently updated the Wastewater Collections Master Plan which available on line at www.modestogov.com.
a) The City of Modesto uses flow monitoring and hydraulic modeling to evaluate the collection system to determine if a potential hydraulic deficiency exists within the system. Together flow monitoring and hydraulic modeling are used to evaluate the capacity of the sanitary sewer system. The City of Modesto has fully modeled the sanitary sewer system flows and has identified where hydraulic deficiencies exist. This hydraulic modeling is based on a 10 year/24-hour storm event. The hydraulic deficiencies, estimates of peak flows, estimates of capacities of key system components and the associated CIPs are described within the Master Plan.
b) The City’s hydraulic modeling shows that some pipe segments exceed the City’s design criteria, but not are at risk of a capacity related SSO. A review of the design criteria was recently conducted as part of the Master Plan update and was considered appropriate.

The design criteria is fully described within the City Master Plan and City Standards. Both can be found at www.modestogov.com.
c) The City has fully modeled continues working to identify sources of I/I. The City has a number of cross-connections (I/I) and has developed a plan for addressing these sources. d) The CIP schedule is associated with the City’s CIP program and the cross-connection removal program. These schedules are continuously reviewed and updated to address changing priorities.
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IX. MONITORING, MEASUREMENT,

AND PLAN MODIFICATIONS
DATE ISSUED: 4-6-09
DATE REVISED: 11-8-2011, 12-30-14,
08-09-2017, 02-12-2019, 1/12/2021
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
The City continually monitors the elements of the SSMP to ensure its effectiveness. The City currently maintains and evaluates a number of performance indicators used to monitor and manage the SSMP as well as the effectiveness of the sanitary sewer maintenance program.

Some of these indicators are listed below:
 Number of SSOs per year
 % of SSOs by known cause
 Total footage of sanitary sewer cleaned
 Total footage of sanitary sewer lines inspected (CCTV) a) The City tracks and maintains data from all maintenance activities and uses this data to establish and prioritize SSMP activities. In 2017, the City upgraded to a new CMMS (Lucity). The Lucity CMMS is used for planning; organizing, recording, tracking, and reporting of all work performed on wastewater and stormwater assets. b) The City has fully implemented the SSMP and the reduction is SSOs achieved is an indication of the effectiveness of the SSMP elements.
c) The City has developed a comprehensive Preventive Maintenance (PM) program that uses field observations from cleaning crews and CCTV crews to update PM frequencies. The success of the PM program is determined by the reduction in repeat SSOs and stoppages.
d) The City’s maintenance program as described in the SSMP is audited as required by the WDR and program elements are updated as needed.
e) SSO trends are demonstrated in the graphs below
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# of SSOs
2008 73
2009 84 (Revised previously 83)
2010 55 (Revised – previously 54)
2011 37
2012 21
2013 29
2014 11 (Revised previously 9)
2015 20
2016 14
2017 5
2018 18
2019 30
2020 11
0 20
40 60
80 100
120
Modest 2005200620072008200920102011201220132014201520162017201820192020 o
SSO Trending
Year
# of SSOs Per Mile
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30 47
33 11 9
12 4
8 5
1 8 9
5 7
7 7
9 5
6 2
8 3
3 4
4 4
32 23
12 15
6 9
4 3
4 1
3 5
0 0
10 20
30 40
50 60
70 80
90 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Debris Total
Other (specify below)
Pump Station Failure-Mechanical
Root intrusion
Pipe structural problem/failure
Grease deposition (FOG)
Flow exceeded capacity
29%
0%
45%
7%
2% 17%
0%
Debris Total
Flow exceeded capacity
Grease deposition (FOG)
Other (specify below)
Pipe structural problem/failure
Root intrusion
Pump Station Failure-Mechanical
2005-2020 SSO Types
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X. SSMP PROGRAM
AUDITS
DATE ISSUED: 4-6-09
DATE REVISED: 10-2-2014, 11-
17-2016, 2-12-2019, 02-23-2021,
05-17-2022
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
City of Modesto
Sewer System Management Plan (SSMP)
2021 Audit Report
The City evaluates the effectiveness of each element of the SSMP at least every two years and will continue to work with other agencies and groups to identify and implement the best management practices through the SSMP.

The Wastewater Collection System staff completed an internal SSMP audit on Feb 23, 2021.

In the last two years, the Wastewater Collection System division has experienced only a few minor changes to operations; these changes are reflected in this audit. The minor changes include supervisory changes and updates to the Monitoring, Measurement, and Program Modifications. All audit findings were corrected prior to the completion of this audit report.

The Complimentary Lateral Program assists City of Modesto customers with lower lateral maintenance. Through this program, customers can call the City when they experience a sewer backup and Collections crews will clear the lower lateral using municipal lateral machines. This program helps the customer and encourages our “Call Us First” program. Early notification is essential to preventing an SSO when a stoppage occurs, so this program helps the City meet our SSO reduction goals.

Element
#
Element
Title
SubElem
ent
Element Description Does
the
current
SSMP
meet
the
require
ments
of the
WDR?
Was this
element
updated
to meet
the
requirem
ents of
the
WDR?
Date
Reviewed
Reviewed
By
Audit
Findings
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1 Goals
The SSMP must identify:

The goal of the SSMP is to
provide a plan and schedule to
properly
manage, operate, and maintain all
parts of the sanitary sewer
system.

This will help reduce and prevent
SSOs, as well as mitigate any
SSOs that occur.

Yes No 1/7/2021 RE
2 The SSMP must identify:
a The name of the
responsible or authorized
representative as
described in Section J of
this Order.

Yes No 1/7/2021 RE
b The names and telephone
numbers for management,
administrative, and
maintenance positions
responsible for
implementing specific
measures in the SSMP
program. The SSMP must
identify lines of authority
through an organization
chart or similar document
with a narrative
explanation; and
No Yes 1/7/2021 RE
Updated due
to Jack
Cooke
retirement
and John
Adams
appointment
as supervisor
Organization
c The chain of
communication for
reporting SSOs, from
receipt of a complaint or
other information,
including the person
responsible for reporting
SSOs to the State and
Regional Water Board and
other agencies if
applicable (such as
County Health Officer,
County Environmental
Health Agency, Regional
Water Board, and/or State
Office of Emergency
Services (OES)).

Yes No 1/7/2021 RE
3 Legal Authority
Each Enrollee must demonstrate,
through sanitary sewer system
use ordinances, service
agreements, or other legally
binding procedures, that it
possesses the necessary legal
authority to:
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a Prevent illicit discharges
into its sanitary sewer
system (examples may
include I/I, stormwater,
chemical dumping,
unauthorized debris and
cut roots, etc.);
Yes No 1/7/2021 RE
b Require that sewers and
connections be properly
designed and constructed;
Yes No 1/7/2021 RE
c Ensure access for
maintenance, inspection,
or repairs for portions of
the lateral owned or
maintained by the Public
Agency;
Yes No 1/7/2021 RE
d Limit the discharge of fats,
oils, and grease and other
debris that may cause
blockages, and
Yes No 1/7/2021 RE
e Enforce any violation of its
sewer ordinances.

Yes No 1/7/2021 RE
4 The SSMP must include those
elements listed below that are
appropriate and applicable to the
Enrollee’s system: a Maintain an up-to-date
map of the sanitary sewer
system, showing all gravity
line segments and
manholes, pumping
facilities, pressure pipes
and valves, and applicable
stormwater conveyance
facilities;
Yes No 2/17/2021 BE
b Describe routine
preventive operation and
maintenance activities
by staff and contractors,
including a system for
scheduling regular
maintenance and cleaning
of the sanitary sewer
system with more frequent
cleaning and maintenance
targeted at known problem
areas. The Preventative
Maintenance (PM)
program should have a
system to document
scheduled and conducted
activities, such as work
orders;
Yes No 2/17/2021 BE
Operation and Maintenance Program
c Develop a rehabilitation
and replacement plan to
identify and prioritize
system deficiencies and
implement short-term and
Yes No 2/17/2021 BE
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long-term rehabilitation
actions to address each
deficiency. The program
should include regular
visual and TV inspections
of manholes and sewer
pipes, and a system for
ranking the condition of
sewer pipes and
scheduling rehabilitation.

Rehabilitation and
replacement should focus
on sewer pipes that are at
risk of collapse or prone to
more frequent blockages
due to pipe defects.

Finally, the rehabilitation
and replacement plan
should include a capital
improvement plan that
addresses proper
management and
protection of the
infrastructure assets. The
plan shall include a time
schedule for implementing
the short- and long-term
plans plus a schedule for
developing the funds
needed for the capital
improvement plan;
d Provide training on a
regular basis for staff in
sanitary sewer system
operations and
maintenance, and require
contractors to be
appropriately trained; and
Yes No 2/17/2021 BE
e Provide equipment and
replacement part
inventories, including
identification of critical
replacement parts.

Yes No 2/17/2021 BE
5 The SSMP must identify:

Design and Performance Provisions
a Design and construction
standards and
specifications for the
installation of new sanitary
sewer systems, pump
stations and other
appurtenances; and for
the rehabilitation and
repair of existing
sanitary sewer systems;
and
Yes No 2/17/2021 BE
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b Procedures and standards
for inspecting and testing
the installation of new
sewers, pumps, and other
appurtenances and for
rehabilitation and repair
projects.

Yes No 2/17/2021 BE
6 Each Enrollee shall develop and
implement an overflow
emergency response plan that
identifies
measures to protect public health
and the environment. At a
minimum, this plan must include
the following: a Proper notification
procedures so that the
primary responders and
regulatory agencies are
informed of all SSOs in a
timely manner;
Yes No 2/17/2021 BE
b A program to ensure an
appropriate response to all
overflows;
Yes No 2/17/2021 BE
c Procedures to ensure
prompt notification to
appropriate regulatory
agencies and other
potentially affected entities
(e.g. health
agencies, Regional Water
Boards, water suppliers,
etc.) of all SSOs that
potentially affect public
health or reach the waters
of the State in accordance
with the MRP. All SSOs
shall be reported in
accordance with this MRP,
the California Water Code,
other State
Law, and other applicable
Regional Water Board
WDRs or NPDES permit
requirements. The SSMP
should identify the officials
who will receive immediate
notification;
Yes No 2/17/2021 BE
Overflow Emergency Response Plan
d Procedures to ensure that
appropriate staff and
contractor personnel are
aware of and follow the
Emergency Response
Plan and are appropriately
trained;
Yes No 2/17/2021 BE
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e Procedures to address
emergency operations,
such as traffic and
crowd control and other
necessary response
activities; and
Yes No 2/17/2021 BE
f A program to ensure that
all reasonable steps are
taken to contain and
prevent the discharge of
untreated and partially
treated wastewater to
waters of the United
States and to minimize or
correct any adverse
impact on the environment
resulting from the SSOs,
including such accelerated
or additional monitoring as
may be necessary to
determine the nature and
impact of the discharge.

Yes No 2/17/2021 BE
7 Each Enrollee shall evaluate its
service area to determine whether
a FOG control program is needed.

If an Enrollee determines that a
FOG program is not needed, the
Enrollee must provide justification
for why it is not needed. If FOG is
found to be a problem, the
Enrollee must prepare and
implement a FOG source control
program to
reduce the amount of these
substances discharged to the
sanitary sewer system. This plan
shall include the following as
appropriate: a An implementation plan
and schedule for a public
education outreach
program that promotes
proper disposal of FOG;
Yes No 2/17/2021 BE
c The legal authority to
prohibit discharges to the
system and identify
measures to prevent
SSOs and blockages
caused by
FOG;
Yes No 2/17/2021 BE
FOG Control Program
d Requirements to install
grease removal devices
(such as traps or
Yes No 2/17/2021 BE
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interceptors), design
standards for the removal
devices,
maintenance
requirements, BMP
requirements, record
keeping and reporting
requirements;
e Authority to inspect grease
producing facilities,
enforcement
authorities, and whether
the Enrollee has sufficient
staff to inspect
and enforce the FOG
ordinance;
Yes No 2/17/2021 BE
f An identification of
sanitary sewer system
sections subject to
FOG blockages and
establishment of a
cleaning maintenance
schedule for each section;
and
Yes No 2/17/2021 BE
g Development and
implementation of source
control measures for
all sources of FOG
discharged to the sanitary
sewer system for each
section identified in (f)
above.

Yes No 2/17/2021 BE
8 The Enrollee shall prepare and
implement a capital improvement
plan (CIP) that will provide
hydraulic capacity of key sanitary
sewer system elements for
dry weather peak flow conditions,
as well as the appropriate design
storm or wet weather event. At a
minimum, the plan must include:

System Evaluation and Capacity Assurance Plan (SECAP)
a Evaluation: Actions
needed to evaluate those
portions of the
sanitary sewer system that
are experiencing or
contributing to an
SSO discharge caused by
hydraulic deficiency. The
evaluation must provide
estimates of peak flows
(including flows from
SSOs
that escape from the
system) associated with
conditions similar to
those causing overflow
events, estimates of the
capacity of key
Yes No 2/3/2021 JF
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system components,
hydraulic deficiencies
(including components
of the system with limiting
capacity) and the major
sources that
contribute to the peak
flows associated with
overflow events;
b Design Criteria: Where
design criteria do not exist
or are deficient, undertake
the evaluation identified in
(a) above to
establish appropriate
design criteria; and
Yes No 2/3/2021 JF
c Capacity Enhancement
Measures: The steps
needed to establish a
short- and long-term CIP
to address identified
hydraulic deficiencies,
including prioritization,
alternatives analysis, and
schedules. The CIP may
include increases in pipe
size, I/I reduction
programs, increases and
redundancy in
pumping capacity, and
storage facilities. The CIP
shall include an
implementation schedule
and shall identify sources
of funding.

Yes No 2/3/2021 JF
d Schedule: The Enrollee
shall develop a schedule
of completion dates for all
portions of the capital
improvement program
developed in (a)-(c)
above. This schedule shall
be reviewed and
updated consistent with
the SSMP review and
update requirements as
described in Section D.

14. Yes No 2/3/2021 JF
9 The Enrollee shall:

Monitoring, Measurement, and Program
Modifications
a Maintain relevant
information that can be
used to establish and
prioritize appropriate
SSMP activities;
Yes No 2/17/2021 BE
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b Monitor the
implementation and,
where appropriate,
measure the effectiveness
of each element of the
SSMP;
Yes No 2/17/2021 BE
c Assess the success of the
preventative maintenance
program;
Yes No 2/17/2021 BE
d Update program elements,
as appropriate, based on
monitoring or performance
evaluations; and
Yes No 2/17/2021 BE
e Identify and illustrate SSO
trends, including:
frequency, location, and
volume.

Yes Yes 2/17/2021 BE Currently
meets:

Updated
Trends to
meet up to
current year
2020 (RE
Updated the
Illustrations)
As part of the SSMP, the Enrollee
shall:
10 SSMP Program Audits
Conduct periodic internal audits,
appropriate to the size of the
system and the number of SSOs.

At a minimum, these audits must
occur every two years and a
report must be prepared and kept
on file. This audit shall focus on
evaluating the effectiveness of the
SSMP and the Enrollee’s
compliance with the SSMP
requirements identified in this
subsection (D.13), including
identification of any deficiencies in
the SSMP and steps to correct
them.

Yes No 2/17/2021 BE
The Enrollee shall:
11 Communication Program
a) Communicate on a
regular basis with the
public on the
development,
implementation, and
performance of its SSMP.

The communication
system shall provide the
public the opportunity to
provide input to the
Enrollee as the program
is
developed and
Yes No 2/17/2021 BE
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Yes No 2/17/2021 BE
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XI. COMMUNICATION PROGRAM
DATE ISSUED: 4-6-2009
DATE REVISED: 11-16-2011, 12-30-2014,
08/10/2017
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
The City of Modesto regularly communicates with customers and performs outreach to the public, stakeholders and satellite agencies. The SSMP is posted on the City’s website and an email link is provided for comments and input concerning the development, implementation and performance of the SSMP.

The City of Modesto’s primary customers are the residents, industrial, and commercial customers that connect to the sewers within Modesto. In addition, the City of Modesto receives sanitary sewer flows from the City of Ceres. The responsible party for the City of Ceres is:

City of Ceres-Wastewater Systems Supervisor: Terry Turner Phone: (209) 538-3269
Email: [email protected]
Empire Sanitary District –
The City of Modesto assumed all responsibility for the operation and maintenance of the Empire Sanitary District’s (District) service area on July 1st, 2016. The District Board has formally dissolved and the City of Modesto is now the ex officio board of the District. All District assets have been added to the City’s CMMS and are now considered part of the same wastewater collection system.

Communication with, and outreach to, residents, industrial, and commercial customers and the general public
The City of Modesto conducts public outreach and education to residents and businesses related to sanitary sewer overflows, preventing grease blockages and the Best Management Practices (BMP’s) for handling of grease waste. Residential education includes targeted information material on the City’s Call Us First policy and proper grease disposal. Our flyers describe the negative impacts of discharging fats, oils and grease into the sanitary sewer system. Communication is done at community events and through utility bill inserts mailings.

The City’s Environmental Services Section currently inspects food service facilities after complaints have been issued for compliance to BMP’s and proper maintenance of grease devices. The City also conducts plan checks for proposed restaurants and other food service facilities to further ensure compliance with City BMP’s.
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Communication with, and outreach to, land developers, consultant engineers, and contractors The City provides information, in meetings and/or by flyers, to land developers, consultant engineers, and plumbing contractors regarding the City Standards, the City’s SSMP, and methods to reduce SSOs. The City also communicates and solicits input regarding the SSMP requirements with emphasis on design and construction practices that reduce sewer overflows.

Outreach to Plumbers and Building Contractors
Plumbers and sewer contractors have access to all available City of Modesto plans, specifications and standard details.
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X. SSMP PROGRAM AUDITS
DATE ISSUED: 4-6-09
DATE REVISED: 10-2-2014, 11-17-
2016, 2-12-2019
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
City of Modesto
Sewer System Management Plan (SSMP)
2019 Audit Report
Currently the City plans to annually evaluate the effectiveness of each element of the SSMP and will continue to work with other agencies and groups to identify and implement the best management practices through the SSMP.

The Wastewater Collection System staff completed an internal SSMP audit on Feb 12, 2019. In the last two years the Wastewater Collection System division has experienced only a few minor changes to operations; these changes are reflected in this audit. The minor changes include a new Director of Utilities and updates to the Monitoring, Measurement, and Program Modifications.

The City’s CMMS (Lucity) is now fully implemented and provides real-time mobile access for all Wastewater Collections crews. This will provide crews with instant access to GIS map updates, work history, and emergency work orders.

The City of Modesto officially assumed operation of the Empire Sanitary District service area on July 1, 2016.

Upon assuming operations, Wastewater Collections crews cleaned and performed CCTV inspections of the entire Empire sewer system. This work was completed by March 2016. The Empire assets were added to the Lucity CMMS and PM schedules were created; however, the City did not receive any maintenance records from the Empire Sanitation District, so generic schedules were implemented. This resulted in three SSOs within the Empire area.

The Complimentary Lateral Program assists City of Modesto customers with lower lateral maintenance. Through this program, customers can call the City when they experience a sewer backup and Collections crews will clear the lower lateral using municipal lateral machines. This program helps the customer and encourages the customer to call the City first. Early notification is essential to preventing an SSO when a stoppage occurs, so this program helps the City meet our SSO reduction goals.

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Element #
Element TitleSub-Element
Element
Description
Does the current SSMP meet the requirements of the WDR? Was this element updated to meet the requirements of the WDR? Audit Findings
1 Goals
The goal of the SSMP is to provide a plan and
schedule to properly
manage, operate, and maintain all parts of the
sanitary sewer system.

This will help reduce and prevent SSOs, as well
as mitigate any SSOs
that do occur.

Yes No
2 The SSMP must identify:
a The name of the responsible or
authorized representative as
described in Section J of this Order.

Yes Yes Updated to reflect new Director of
Utilities
b The names and telephone numbers
for management,
administrative, and maintenance
positions responsible for
implementing specific measures in
the SSMP program. The
SSMP must identify lines of authority
through an organization chart
or similar document with a narrative
explanation; and
Yes Yes Updated to reflect new Director of
Utilities
Organization
c The chain of communication for
reporting SSOs, from receipt of a
complaint or other information,
including the person responsible for
reporting SSOs to the State and
Regional Water Board and other
agencies if applicable (such as
County Health Officer, County
Environmental Health Agency,
Regional Water Board, and/or State
Office of Emergency Services (OES)).

Yes No
3 Leg
al
Each Enrollee must demonstrate, through
sanitary
sewer system use ordinances, service
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agreements, or other legally
binding procedures, that it possesses the
necessary legal authority to:
a Prevent illicit discharges into its
sanitary sewer system
(examples may include I/I,
stormwater, chemical dumping,
unauthorized debris and cut roots,
etc.);
Yes No
b Require that sewers and connections
be properly designed
and constructed;
Yes No
c Ensure access for maintenance,
inspection, or repairs for
portions of the lateral owned or
maintained by the Public
Agency;
Yes No
d Limit the discharge of fats, oils, and
grease and other debris
that may cause blockages, and
Yes No
Aut
hori
ty
e Enforce any violation of its sewer
ordinances.

Yes No
4 The SSMP must include those
elements listed below that are appropriate and
applicable to the
Enrollee’s system:
a Maintain an up-to-date map of the
sanitary sewer system,
showing all gravity line segments and
manholes, pumping
facilities, pressure pipes and valves,
and applicable stormwater
conveyance facilities;
Yes No
Operation and Maintenance Program
b Describe routine preventive
operation and maintenance activities
by staff and contractors, including a
system for scheduling regular
maintenance and cleaning of the
sanitary sewer system with more
frequent cleaning and maintenance
targeted at known problem
areas. The Preventative Maintenance
(PM) program should have
a system to document scheduled and
conducted activities, such
as work orders;
Yes No
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c Develop a rehabilitation and
replacement plan to identify and
prioritize system deficiencies and
implement short-term and longterm
rehabilitation actions to address
each deficiency. The
program should include regular
visual and TV inspections of
manholes and sewer pipes, and a
system for ranking the
condition of sewer pipes and
scheduling rehabilitation.

Rehabilitation and replacement
should focus on sewer pipes that
are at risk of collapse or prone to
more frequent blockages due to
pipe defects. Finally, the
rehabilitation and replacement plan
should include a capital
improvement plan that addresses
proper
management and protection of the
infrastructure assets. The plan
shall include a time schedule for
implementing the short- and
long-term plans plus a schedule for
developing the funds needed
for the capital improvement plan;
Yes No
d Provide training on a regular basis for
staff in sanitary sewer
system operations and maintenance,
and require contractors to
be appropriately trained; and
Yes No
e Provide equipment and replacement
part inventories, including
identification of critical replacement
parts.

Yes No
5 Design and Performance Provisions
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a Design and construction standards
and specifications for the
installation of new sanitary sewer
systems, pump stations and other
appurtenances; and for the
rehabilitation and repair of existing
sanitary sewer systems; and
Yes No
b Procedures and standards for
inspecting and testing the
installation
of new sewers, pumps, and other
appurtenances and for
rehabilitation and repair projects.

Yes No
6 Each Enrollee shall develop and
implement an overflow emergency response
plan that identifies
measures to protect public health and the
environment. At a minimum,
this plan must include the following:
a Proper notification procedures so
that the primary responders and
regulatory agencies are informed of
all SSOs in a timely manner;
Yes No
b A program to ensure an appropriate
response to all overflows;
Yes No
c Procedures to ensure prompt
notification to appropriate
regulatory
agencies and other potentially
affected entities (e.g. health
agencies, Regional Water Boards,
water suppliers, etc.) of all SSOs
that potentially affect public health
or reach the waters of the State
in accordance with the MRP. All SSOs
shall be reported in
accordance with this MRP, the
California Water Code, other State
Law, and other applicable Regional
Water Board WDRs or NPDES
permit requirements. The SSMP
should identify the officials who
will receive immediate notification;
Yes No
d Procedures to ensure that
appropriate staff and contractor
personnel are aware of and follow
the Emergency Response Plan
and are appropriately trained;
Yes No
Overflow Emergency Response Plan
e Procedures to address emergency
operations, such as traffic and
crowd control and other necessary
response activities; and
Yes No
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f A program to ensure that all
reasonable steps are taken to
contain
and prevent the discharge of
untreated and partially treated
wastewater to waters of the United
States and to minimize or
correct any adverse impact on the
environment resulting from the
SSOs, including such accelerated or
additional monitoring as may
be necessary to determine the
nature and impact of the discharge.

Yes No
7 Each Enrollee shall evaluate its service area to
determine whether a FOG control program is
needed. If an Enrollee
determines that a FOG program is not needed,
the Enrollee must provide
justification for why it is not needed. If FOG is
found to be a problem, the
Enrollee must prepare and implement a FOG
source control program to
reduce the amount of these substances
discharged to the sanitary sewer
system. This plan shall include the following as
appropriate:
a An implementation plan and
schedule for a public education
outreach program that promotes
proper disposal of FOG;
Yes No
b A plan and schedule for the disposal
of FOG generated within the
sanitary sewer system service area.

This may include a list of
acceptable disposal facilities and/or
additional facilities needed to
adequately dispose of FOG
generated within a sanitary sewer
system service area;
Yes No
c The legal authority to prohibit
discharges to the system and
identify measures to prevent SSOs
and blockages caused by
FOG;
Yes No
d Requirements to install grease
removal devices (such as traps or
interceptors), design standards for
the removal devices,
maintenance requirements, BMP
requirements, record keeping
and reporting requirements;
Yes No
FOG Control Program
e Authority to inspect grease
producing facilities, enforcement
authorities, and whether the
Enrollee has sufficient staff to
Yes No
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inspect
and enforce the FOG ordinance;
f An identification of sanitary sewer
system sections subject to
FOG blockages and establishment of
a cleaning maintenance
schedule for each section; and
Yes No
g Development and implementation of
source control measures for
all sources of FOG discharged to the
sanitary sewer system for
each section identified in (f) above.

Yes No
8 The Enrollee shall
prepare and implement a capital improvement
plan (CIP) that will
provide hydraulic capacity of key sanitary
sewer system elements for
dry weather peak flow conditions, as well as
the appropriate design
storm or wet weather event. At a minimum,
the plan must include:
a Evaluation: Actions needed to
evaluate those portions of the
sanitary sewer system that are
experiencing or contributing to an
SSO discharge caused by hydraulic
deficiency. The evaluation
must provide estimates of peak flows
(including flows from SSOs
that escape from the system)
associated with conditions similar to
those causing overflow events,
estimates of the capacity of key
system components, hydraulic
deficiencies (including components
of the system with limiting capacity)
and the major sources that
contribute to the peak flows
associated with overflow events;
Yes No
b Design Criteria: Where design criteria
do not exist or are
deficient, undertake the evaluation
identified in (a) above to
establish appropriate design criteria;
and
Yes No
System Evaluation and Capacity Assurance Plan (SECAP)
c Capacity Enhancement Measures:

The steps needed to
establish a short- and long-term CIP
to address identified
hydraulic deficiencies, including
prioritization, alternatives
analysis, and schedules. The CIP may
include increases in pipe
size, I/I reduction programs,
Yes No
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increases and redundancy in
pumping capacity, and storage
facilities. The CIP shall include an
implementation schedule and shall
identify sources of funding.
d Schedule: The Enrollee shall develop
a schedule of completion
dates for all portions of the capital
improvement program
developed in (a)-(c) above. This
schedule shall be reviewed and
updated consistent with the SSMP
review and update
requirements as described in Section
D. 14.

Yes No
9 The Enrollee shall:
a Maintain relevant information that
can be used to
establish and prioritize appropriate
SSMP activities;
Yes No
b Monitor the implementation and,
where appropriate,
measure the effectiveness of each
element of the
SSMP;
Yes No
c Assess the success of the
preventative maintenance
program;
Yes No
d Update program elements, as
appropriate, based on
monitoring or performance
evaluations; and
Yes No
Monitoring, Measurement, and
Program Modifications
e Identify and illustrate SSO trends,
including:
frequency, location, and volume.

Yes Yes Updated charts to include 2017/2018
10 SSMP Program Audits
As part of the SSMP, the Enrollee shall
conduct periodic internal audits, appropriate
to the size of the system
and the number of SSOs. At a minimum, these
audits must occur every
two years and a report must be prepared and
kept on file. This audit
shall focus on evaluating the effectiveness of
the SSMP and the Enrollee’s compliance with
the SSMP requirements identified in this
subsection (D.13), including identification of
any deficiencies in the
SSMP and steps to correct them.

Yes Yes Extended audit to Feb to include full
year for SSO trends
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11 The Enrollee shall communicate on a
regular basis with the public on the
development, implementation, and
performance of its SSMP. The communication
system shall provide the
public the opportunity to provide input to the
Enrollee as the program is
developed and implemented.

Yes No
Communication
Program
The Enrollee shall also create a plan of
communication with systems that
are tributary and/or satellite to the Enrollee’s
sanitary sewer system.

Yes No
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Page 1 of 10 ends

X. SSMP PROGRAM AUDITS
DATE ISSUED: 4-6-09
DATE REVISED: 10-2-2014, 11-17-
2016, 2-12-2019, 02-23-2021
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
City of Modesto
Sewer System Management Plan (SSMP)
2021 Audit Report
The City evaluates the effectiveness of each element of the SSMP at least every two years and will continue to work with other agencies and groups to identify and implement the best management practices through the SSMP.

The Wastewater Collection System staff completed an internal SSMP audit on Feb 23, 2021. In the last two years, the Wastewater Collection System division has experienced only a few minor changes to operations; these changes are reflected in this audit. The minor changes include supervisory changes and updates to the Monitoring, Measurement, and Program Modifications. All audit findings were corrected prior to the completion of this audit report.

The City of Modesto officially assumed operation of the Empire Sanitary District service area on July 1, 2016.

Upon assuming operations, Wastewater Collections crews cleaned and performed CCTV inspections of the entire Empire sewer system. This work was completed by March 2016.

The City’s CMMS (Lucity) has been fully implemented since 2019 and provides real-time mobile access for all Wastewater Collections crews. This provides crews with instant access to GIS map updates, work history, and emergency work orders. In the last two years, the City has improved and refined the sewer hotspot cleaning program.

Page 2 of 10 ends

Directions: Please check YES or NO for each question. If NO is answered for any question, describe the updates/changes needed and the timeline to complete those changes in the “Description of Scheduled Updates/Changes to the SSMP” section on Page 5 of this form. Element # Element Title Sub-Element Element
Description
Does the current SSMP meet the requirements of Was this element the WDR? updated to meet the Date Reviewed requirements of the WDR?Reviewed ByAudit Findings 1 Goals
The goal of the SSMP is to provide a
plan and schedule to properly
manage, operate, and maintain all
parts of the sanitary sewer system.

This will help reduce and prevent SSOs,
as well as mitigate any SSOs
that do occur.

Yes No 1/7/2021 RE
2 The SSMP must identify:
a The name of the responsible
or authorized representative
as
described in Section J of this
Order.

Yes No 1/7/2021 RE
b The names and telephone
numbers for management,
administrative, and
maintenance positions
responsible for
implementing specific
measures in the SSMP
program. The
SSMP must identify lines of
authority through an
organization chart
or similar document with a
narrative explanation; and
No Yes 1/7/2021 RE
Updated due to Jack Cooke
retirement and John Adams
appointment as supervisor
Organization
c The chain of communication
for reporting SSOs, from
receipt of a
complaint or other
information, including the
person responsible for
reporting SSOs to the State
and Regional Water Board
and other
agencies if applicable (such
as County Health Officer,
Yes No 1/7/2021 RE
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Page 3 of 10 ends

County
Environmental Health
Agency, Regional Water
Board, and/or State
Office of Emergency Services
(OES)).
3 Each Enrollee must demonstrate,
through sanitary
sewer system use ordinances, service
agreements, or other legally
binding procedures, that it possesses
the necessary legal authority to:
a Prevent illicit discharges into
its sanitary sewer system
(examples may include I/I,
stormwater, chemical
dumping,
unauthorized debris and cut
roots, etc.);
Yes No 1/7/2021 RE
b Require that sewers and
connections be properly
designed
and constructed;
Yes No 1/7/2021 RE
c Ensure access for
maintenance, inspection, or
repairs for
portions of the lateral owned
or maintained by the Public
Agency;
Yes No 1/7/2021 RE
d Limit the discharge of fats,
oils, and grease and other
debris
that may cause blockages,
and
Yes No 1/7/2021 RE
Legal Authority
e Enforce any violation of its
sewer ordinances.

Yes No 1/7/2021 RE
4 The SSMP must include those
elements listed below that are
appropriate and applicable to the
Enrollee’s system:

Operation and
Maintenance
Program
a Maintain an up-to-date map
of the sanitary sewer system,
showing all gravity line
segments and manholes,
pumping
facilities, pressure pipes and
valves, and applicable
stormwater
conveyance facilities;
Yes No 2/17/2021 BE
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Page 4 of 10 ends

b Describe routine preventive
operation and maintenance
activities
by staff and contractors,
including a system for
scheduling regular
maintenance and cleaning of
the sanitary sewer system
with more
frequent cleaning and
maintenance targeted at
known problem
areas. The Preventative
Maintenance (PM) program
should have
a system to document
scheduled and conducted
activities, such
as work orders;
Yes No 2/17/2021 BE
c Develop a rehabilitation and
replacement plan to identify
and
prioritize system deficiencies
and implement short-term
and longterm
rehabilitation actions to
address each deficiency. The
program should include
regular visual and TV
inspections of
manholes and sewer pipes,
and a system for ranking the
condition of sewer pipes and
scheduling rehabilitation.

The plan
shall include a time schedule
for implementing the shortand
long-term plans plus a
schedule for developing the
funds needed
for the capital improvement
plan;
Yes No 2/17/2021 BE
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Page 5 of 10 ends

d Provide training on a regular
basis for staff in sanitary
sewer
system operations and
maintenance, and require
contractors to
be appropriately trained;
and
Yes No 2/17/2021 BE
e Provide equipment and
replacement part
inventories, including
identification of critical
replacement parts.

Yes No 2/17/2021 BE
5 Design and Performance Provisions
a Design and construction
standards and specifications
for the
installation of new sanitary
sewer systems, pump
stations and other
appurtenances; and for the
rehabilitation and repair of
existing
sanitary sewer systems; and
Yes No 2/17/2021 BE
b Procedures and standards
for inspecting and testing the
installation
of new sewers, pumps, and
other appurtenances and for
rehabilitation and repair
projects.

Yes No 2/17/2021 BE
6 Overflow
Emergen
cy
Each Enrollee shall develop and
implement an overflow emergency
response plan that identifies
measures to protect public health and
the environment. At a minimum,
this plan must include the following:
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Page 6 of 10 ends

a Proper notification
procedures so that the
primary responders and
regulatory agencies are
informed of all SSOs in a
timely manner;
Yes No 2/17/2021 BE
b A program to ensure an
appropriate response to all
overflows;
Yes No 2/17/2021 BE
c Procedures to ensure
prompt notification to
appropriate regulatory
agencies and other
potentially affected entities
(e.g. health
agencies, Regional Water
Boards, water suppliers, etc.)
of all SSOs
that potentially affect public
health or reach the waters of
the State
in accordance with the MRP.

All SSOs shall be reported in
accordance with this MRP,
the California Water Code,
other State
Law, and other applicable
Regional Water Board WDRs
or NPDES
permit requirements. The
SSMP should identify the
officials who
will receive immediate
notification;
Yes No 2/17/2021 BE
d Procedures to ensure that
appropriate staff and
contractor
personnel are aware of and
follow the Emergency
Response Plan
and are appropriately
trained;
Yes No 2/17/2021 BE
e Procedures to address
emergency operations, such
as traffic and
crowd control and other
necessary response
activities; and
Yes No 2/17/2021 BE
Res
pon
se
Plan
f A program to ensure that all
reasonable steps are taken
to contain
and prevent the discharge of
untreated and partially
treated
wastewater to waters of the
United States and to
minimize or
correct any adverse impact
Yes No 2/17/2021 BE
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Page 7 of 10 ends

on the environment resulting
from the
SSOs, including such
accelerated or additional
monitoring as may
be necessary to determine
the nature and impact of the
discharge.
7 Each Enrollee shall evaluate its service
area to
determine whether a FOG control
program is needed. If an Enrollee
determines that a FOG program is not
needed, the Enrollee must provide
justification for why it is not needed. If
FOG is found to be a problem, the
Enrollee must prepare and implement
a FOG source control program to
reduce the amount of these
substances discharged to the sanitary
sewer
system. This plan shall include the
following as appropriate:
a An implementation plan and
schedule for a public
education
outreach program that
promotes proper disposal of
FOG;
Yes No 2/17/2021 BE
b A plan and schedule for the
disposal of FOG generated
within the
sanitary sewer system
service area. This may
include a list of
acceptable disposal facilities
and/or additional facilities
needed to
adequately dispose of FOG
generated within a sanitary
sewer
system service area;
Yes No 2/17/2021 BE
c The legal authority to
prohibit discharges to the
system and
identify measures to prevent
SSOs and blockages caused
by
FOG;
Yes No 2/17/2021 BE
FOG Control Program
d Requirements to install
grease removal devices (such
as traps or
interceptors), design
standards for the removal
devices,
Yes No 2/17/2021 BE
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Page 8 of 10 ends

maintenance requirements,
BMP requirements, record
keeping
and reporting requirements;
e Authority to inspect grease
producing facilities,
enforcement
authorities, and whether the
Enrollee has sufficient staff
to inspect
and enforce the FOG
ordinance;
Yes No 2/17/2021 BE
f An identification of sanitary
sewer system sections
subject to
FOG blockages and
establishment of a cleaning
maintenance
schedule for each section;
and
Yes No 2/17/2021 BE
g Development and
implementation of source
control measures for
all sources of FOG
discharged to the sanitary
sewer system for
each section identified in (f)
above.

Yes No 2/17/2021 BE
8 The Enrollee shall
prepare and implement a capital
improvement plan (CIP) that will
provide hydraulic capacity of key
sanitary sewer system elements for
dry weather peak flow conditions, as
well as the appropriate design
storm or wet weather event. At a
minimum, the plan must include:

System Evaluation and Capacity Assurance
Plan (SECAP)
a Evaluation: Actions needed
to evaluate those portions of
the
sanitary sewer system that
are experiencing or
contributing to an
SSO discharge caused by
hydraulic deficiency. The
evaluation
must provide estimates of
peak flows (including flows
from SSOs
that escape from the system)
associated with conditions
similar to
those causing overflow
events, estimates of the
capacity of key
Yes Yes 2/3/2021 JF
Jesse Franco (Engineering
Division Manager) made
minor edits: Currently meet
requirements just made
minor word changes
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Page 9 of 10 ends

system components,
hydraulic deficiencies
(including components
of the system with limiting
capacity) and the major
sources that
contribute to the peak flows
associated with overflow
events;
b Design Criteria: Where
design criteria do not exist or
are
deficient, undertake the
evaluation identified in (a)
above to
establish appropriate design
criteria; and
Yes Yes 2/3/2021 JF
c Capacity Enhancement
Measures: The steps needed
to
establish a short- and longterm CIP to address
identified
hydraulic deficiencies,
including prioritization,
alternatives
analysis, and schedules. The
CIP may include increases in
pipe
size, I/I reduction programs,
increases and redundancy in
pumping capacity, and
storage facilities. The CIP
shall include an
implementation schedule
and shall identify sources of
funding.

Yes Yes 2/3/2021 JF
d Schedule: The Enrollee shall
develop a schedule of
completion
dates for all portions of the
capital improvement
program
developed in (a)-(c) above.

This schedule shall be
reviewed and
updated consistent with the
SSMP review and update
requirements as described in
Section D. 14.

Yes Yes 2/3/2021 JF
9 The Enrollee shall:

Monitor
ing,
a Maintain relevant
information that can be used
Yes No 2/17/2021 BE
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Page 10 of 10 ends

to
establish and prioritize
appropriate SSMP activities;
b Monitor the implementation
and, where appropriate,
measure the effectiveness of
each element of the
SSMP;
Yes No 2/17/2021 BE
c Assess the success of the
preventative maintenance
program;
Yes No 2/17/2021 BE
d Update program elements,
as appropriate, based on
monitoring or performance
evaluations; and
Yes No 2/17/2021 BE
Mea
sure
men
t,
and
Pro
gra
m
Mo
dific
atio
ns
e Identify and illustrate SSO
trends, including:
frequency, location, and
volume.

Yes Yes 2/17/2021 BE Currently meets: Updated
Trends to meet up to current
year 2020 (RE Updated the
Illustrations)
10 SSMP Program Audits
As part of the SSMP, the Enrollee shall
conduct periodic internal audits,
appropriate to the size of the system
and the number of SSOs. At a
minimum, these audits must occur
every
two years and a report must be
prepared and kept on file. This audit
shall focus on evaluating the
effectiveness of the SSMP and the
Enrollee’s compliance with the SSMP
requirements identified in this
subsection (D.13), including
identification of any deficiencies in the
SSMP and steps to correct them.

Yes No 2/17/2021 BE
11 The Enrollee shall communicate on a
regular basis with the public on the
development, implementation, and
performance of its SSMP. The
communication system shall provide
the
public the opportunity to provide input
to the Enrollee as the program is
developed and implemented.

Yes No 2/17/2021 BE
Communication
Program
The Enrollee shall also create a plan of
communication with systems that
are tributary and/or satellite to the
Enrollee’s sanitary sewer system.

Yes No 2/17/2021 BE
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 10, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Amendment to P-D (247) to amend a commercial center that would include food truck parking and servicing at 2301 Crows Landing Road.

CONTACT: Paul Liu, Principal Planner, [email protected], 209 577 5267 DESCRIPTION:

Hearing to consider a proposed an amendment to Planned Development P-D (247) to allow for commercial development that would include food truck commissary, parking, and manufacturing/repair services on property located at 2301 Crows Landing Road. (Funding Source: Developer Funded)
STRATEGIC PLAN ELEMENT:

The proposed Specific Plan Amendment is consistent with the City Council 2020-2025 Strategic Plan, Goal E Drive Economic Vitality by allowing for support services for food truck operations.

BACKGROUND:

Planned Development P-D (247), originally approved in 1979 is a custom-tailored zone allowing various uses that include agriculturally related Light Industrial (M-1) uses, a mini storage facility, and parking with commercial retail center on approximately 18 acres at the northwest corner of Whitmore Avenue and Crows Landing Road. John Deere, a farm equipment business, occupies the southerly 5.7 acres of P-D (247) comprises the agricultural related industrial use. A mini storage facility is located on the northerly 4.5 acres of P-D (247).

In 2005, P-D (247) was amended to allow a commercial center on the middle 7.5 acres with several buildings totaling 65,000 square feet in the rear portion, plus approximately 10,000 square feet on the two front pads. In 2008, another amendment was approved allowing a fast food restaurant and gas station/convenience store on approximately 1.8 acres on the front pads along the street frontage between the John Deere business and the mini storage use. The #28..
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Page 2 of 7 ends

remaining rear 5.68 acres, west of the existing fast food restaurant and gas station and convenient store, is the site of this proposed P-D (247) amendment.

The surrounding land uses are as listed:

North: Planned Development Zone P-D (247), Mini Storage Facility East: County of Stanislaus unincorporated area, industrial uses on the east side of Crows Landing Road.

South: Planned Development Zone P-D (247), John Deere Agricultural Machinery Sales West: Low Density Residential (R-1) Zone, single-family residential dwellings The general plan designation for the subject site is “C” (Commercial).

DISCUSSION:

As proposed, the project will add approximately 42,700 square feet of building area that will include:
 Proposed Building 1: “Big Box Style” retail; 21,125 square feet, two story structure, 27 feet in height.
 Proposed Building 2: Food truck manufacturing/repair Shop; 9,794 square feet, single story structure, 19 feet in height.

There will be 2 bays for manufacturing, repair, and maintenance of food trucks/trailers. The work is primarily installing the kitchen area of food trucks. Engine work and major automobile repair will not be offered on site. Additionally, parts and materials will be stored on site in this building. The applicant expects approximately three (3) trucks will be built-out and completed on site per month.
 Proposed Building 3: Retail strip mall; 8,100 square feet, single story structure, 18 feet in height.
 Proposed Building 4: Commissary; 3,672 square feet, single story structure, 19 feet in height.

This building will include a kitchen, restrooms, and boilers to provide hot and cold water to each stall. Proposed hours of operation are 7:00 am to 5:00 pm, with peak hours expected from 7:00 am to 10:00 am.

ANALYSIS
Land Use
Since the establishment of P-D (247), the site has been approved for various commercial and industrial uses. Originally approved in 1979 for M-1 Zone, light industrial, uses for agriculturally related uses, P-D (247) was amended in 2001 to allow for mini storage including allowing “all commercial and industrial uses as allowed in the M-1 Zone.” A 2005 planned development amendment approved a commercial center on the subject parcels to the south of the mini storage facility and north of the John Deere business. The proposed commercial retail buildings, commissary, and food truck manufacturing/repair site are consistent with the previously #28..
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approved commercial and industrial land uses for the site and area. However, the unique combination of food truck parking and servicing with retail uses merit City Council review.

Parking and Circulation
The Municipal Code requires one parking space per 300 square feet of retail business, and one parking space per 600 square feet of manufacturing use. The proposed uses will require 120 parking spaces (97 parking spaces for proposed retail Buildings 1 and 3, and 23 parking spaces for proposed commissary and food truck manufacturing/repair shop Buildings 2 and 4). 129 parking spaces will be provided on site, and there will also be 50 truck parking stalls on-site to be utilized by Building 4, Commissary, and also available for retail parking.

The proposed parking area is designed to accommodate food truck circulation. The proposed retail and food truck uses will utilize existing drive entrances on Crows Landing Road for access to the rear parcels.

Reciprocal Access Easement
A thirty-foot reciprocal access easement exists to the north and west of the proposed development to ensure that the main parcels in PD (247) would have access to Crows Landing and Whitmore Avenue. This easement was established with the original 1979 approval of P-D (247), and will remain in place providing a distance buffer to the residential homes to the west.

Fence and Wall
There is an existing eight-foot high masonry wall along the west property line adjacent to the residential homes that will remain. The existing chain link fence along the northerly property line next to the mini storage site and along the southerly property line along the John Deere site will remain.

A new chain link fence will be installed around the perimeter of the proposed project on the inside of the access easement. A new six-foot high masonry wall will be installed to the north and south sides of Building 2 to separate and screen the food truck parking area and commissary from the retail area.

FISCAL IMPACT:

Entitlement fees for this item have been paid by the project applicant in accordance with the fee schedule adopted by the Council. New development will be subject to all applicable adopted development impact fees prior to building permit issuance.

COMMITTEE RECOMMENDATION:

This proposal was considered by the Planning Commission at their June 6, 2022 meeting, and the Commission recommended forwarding the Specific Plan Amendment to the Council for approval.

CEQA/NEPA REQUIREMENTS:

Initial Study Environmental Checklist, C&ED No. 2022-17 for the proposed Planned Development Amendment is attached. The Initial Study concludes that no new significant environmental impacts are raised by the proposed amendment. Furthermore, it concludes that the proposed amendment 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 #28..
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Amendment to P-D (247) to amend a commercial center that would include food truck parking and servicing at 2301 Crows Landing Road

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is required.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an amendment to Planned Development P-D (247) to allow for commercial development that would include food truck commissary, parking, and manufacturing/repair services on property located at 2301 Crows Landing Road.

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) an amendment to Planned Development P-D (247) to allow commercial development that would include food truck commissary parking, and manufacturing/repair services on property located at 2301 Crows Landing Road.

Approved by:

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

1. Resolution approving a Development Plan

2. Resolution for Finding of Conformance to GPMEIR

3. Planning Commission Resolution No. 2022-16, June 6, 2022

4. Planning Commission Minutes, June 6, 2022

5. Planning Commission Agenda Report, June 6, 2022

6. Financial Interest Disclosure Form

7. Initial Study EA/C&ED 2022-17
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Area Map
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Site Plan
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July 12, 2022/C&EDD/Paul Liu 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT P-D (247) TO ALLOW COMMERCIAL DEVELOPMENT THAT WOULD

INCLUDE FOOD TRUCK COMMISSARY, PARKING, AND
MANUFACTURING/REPAIR SERVICES ON PROPERTY LOCATED AT 2301

CROWS LANDING ROAD
WHEREAS, ordinance No. 1892-C.S., which was introduced on November 6, 1979, adopted on November 20, 1979, and which became effective on December 20, 1979, amended Section 8-4-9 of the Zoning Map to prezone to Planned Development Zone, P-D(247), for a development of “M-1 Zone uses which are agriculturally related”, property located on the northwest corner of Whitmore Avenue and Crows Landing Road; and
WHEREAS, City Council Resolution No. 79-1151, adopted on November 6, 1979, approved the development plan for Prezone Planned Development, P-PD (247), and contained conditions of approval thereof; and
WHEREAS, effective April 4, 1980, the area prezoned to Planned Development Zone, P-D (247), was annexed to the City of Modesto, as a part of the Crows LandingWhitmore annexation; and WHEREAS, City Council Ordinance No. 2670-C.S., which was introduced on June 6, 1989, finally adopted on June 13, 1989, and which became effective on July 13, 1989, rezoned a portion of P-D (247) to R-1, Low-Density Residential Zone; and WHEREAS, City Council Resolution No. 89-605, adopted on June 6, 1989, approved a revised development plan for a reduced area of Planned Development Zone, P-D(247), and contained conditions of approval; and
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July 12, 2022/C&EDD/Paul Liu 2 2022-
WHEREAS, City Council Ordinance No. 3224-C.S., which was introduced on May 22, 2001, finally adopted on June 5, 2001, and which became effective on July 5, 2001, amended P-D (247) to allow commercial and industrial uses allowed in the M-1 Zone; and
WHEREAS, City Council Resolution No. 2001-234, adopted on May 22, 2001, approved a revised development plan to allow a mini-storage facility; and WHEREAS, a verified application for an amendment to Planned Development Zone, P-D (247), was filed by Carolina Fernandez on November 30, 2021, to allow commercial development that would include food truck commissary, parking, and manufacturing/repair services, property located at 2301 Crows Landing Road on the west side of Crows Landing Road north of Whitmore Avenue; and WHEREAS, the unique combination of food truck parking and services and retail uses merit City Council review; and
WHEREAS, after a public hearing held on June 6, 2022, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, it was found and determined by the Planning Commission, by its Resolution No. 2022-XX, that amendment of Planned Development Zone, P-D (247), as requested is required by public necessity, convenience, and general welfare for the following reasons:

1. The proposed project is consistent with the Modesto Urban Area General Plan, as the site is designated Commercial, which permits retail commercial centers subject to compliance to City standards.

2. The type of project is described in Chapter II of the Modesto Urban Area General Plan Master EIR (MEIR).
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July 12, 2022/C&EDD/Paul Liu 3 2022-

3. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the project or otherwise made conditions of approval of the project.

WHEREAS, said matter was set for a public hearing of the City Council to be held on July 12, 2022, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, at which date and time said duly noticed public hearing was held, and
WHEREAS, after said public hearing the Council found and determined that the application of Carolina Fernandez for an amendment to Planned Development Zone, P-D (247) will not be detrimental to the public health, safety or welfare, will result in an orderly planned use of land, and is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan for the reasons set forth in Planning Commission Resolution No. 2022-XX and quoted above; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto as follows:

1. DEVELOPMENT PLAN. The development plan for Planned
Development Zone, P-D(247), is hereby approved subject to the following conditions:

1. All development shall conform to the plot plan and building elevations titled "Crows Landing Center at 2301 Crows
Landing Road" as amended in red, stamped approved by the Planning Commission on June 6, 2022.

2. Prior to issuance of a site improvement or building permit, any variation from the approved site plan on file with the City must be reviewed and approved by the Director of Community and Economic Development.

3. All construction documentation shall be coordinated for consistency, including but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, utility and #28..
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street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Planning Department.

4. Any variation from the proposed uses of “commercial center, commissary, with food truck parking and manufacturing/repair services” at "Crows Landing Center at 2301 Crows Landing Road" shall be subject to approval by the Director of Community and Economic Development.

5. Exterior building elevations showing building wall materials, roof types, exterior colors and appropriate vertical dimensions shall be included in the development construction drawings.

6. Prior to occupancy of any structure, walls shall be treated with a graffiti-proof coating to the satisfaction of the Director of Community and Economic Development or Designee. Construction drawings shall note the type of graffiti treatment used.

7. The design of light fixtures and their structural supports should be architecturally compatible with the main structures on the site. Light fixtures should be architecturally integrated into the design of a structure to the satisfaction of the Director of Community and Economic Development.

8. Prior to issuance of a building permit, trash enclosures shall be designed using building materials, colors and finishes which are consistent or compatible with those used in the major buildings of the development, as approved by the Community and Economic
Development Director.

9. Along pedestrian corridors, the use of low mounted bollard light standards, which reinforce pedestrian scale, shall be used. Steps and ramps should be illuminated wherever possible, with built-in light fixtures to the satisfaction of the Director of Community and Economic Development.

10. At the time of development, all existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as required by the Utility Companies and City Engineer or designee. Easements for utilities, irrigation, and electrical lines to remain shall be reserved as required.

11. All signs shall comply with the sign requirements of the C-3 Zones.

Prior to issuance of a sign permit, individual sign plans for the project shall be submitted to the Planning Division for separate review and approval prior to installation. All signs will be reviewed for conformance with the sign code.
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12. Prior to occupancy of any structure, striping of parking stalls, aisles and driveways shall conform to the provisions of MMC Section 10-

5.105, Parking Lot Design Standards.

13. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.

14. Applicant shall submit Landscape and Irrigation (L&I) plans for review and approval by the City’s Parks Planning and Development (PPD) Division. L&I plans shall meet the current State of California Model Water Efficient Landscape Ordinance (MWELO) requirements, Modesto Municipal Code (MMC) requirements and City of Modesto standards at time of submittal.

15. Applicant shall install parking lot shade trees per MMC requirements; one (1) shade tree for every eight (8) parking spaces, continuous and intermitted stall locations, within seven feet (7’) of stalls.

16. Applicant shall install climbing vines on all walls, in a landscape planter, around the all trash or storage enclosures to discourage tagging.

17. Low Impact Development (LID) control and treatment measures shall be planted with vegetation for erosion protection and sediment entrapment to collect/treat storm water run-off before entering the storm drain system. Storm drainage basins shall be appropriately landscaped and irrigated to address the specific type of storm water control measure. Provide total square feet of the landscape area in project information.

18. Applicant shall install bicycle parking racks as part of the project development per MMC and Green Building Standards Code.

19. Prior to issuance of a building permit, improvement plans for required improvements shall be prepared by a Registered Civil Engineer and approved by the City Engineer or designee. Improvements shall be constructed in accordance with the approved plans.

20. The existing access easement along the west and north property lines shall be paved as approved by the City Engineer or designee.

21. Prior to issuance of a building permit the developer shall dedicate public utility easements as required by the utility companies and the City Engineer or designee.
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22. Irrigation lines shall be removed, relocated, or protected as required by the Turlock Irrigation District and the City Engineer or designee. Easements for irrigation lines to remain shall be dedicated.

23. All outdoor lighting shall be shielded from adjacent residential properties as required by the City Engineer or designee.

24. Trash bins shall be kept in enclosures in accordance with the approved plan and in accordance with plans approved by the Public Works Director or designee. Enclosures shall be constructed of building materials consistent with those used in the major buildings as approved by the Community and Economic Development Department Director or designee.

25. All aspects of this project shall comply with relevant City of Modesto Standards and Fire Codes as required by the Fire Marshall.

26. Prior to the issuance of a building permit, the developer shall submit a plan to provide on-site treatment of stormwater, as approved by the Public Works Director or designee. Storm drain improvements shall be constructed in accordance with the approved plans. Provide stormwater treatment controls for the first one-half inch of stormwater runoff from impervious areas of addition. Use either biofiltration (grass swales, vegetative strips) or a propriety device. Design and locate trash enclosure to drain to landscape area.

27. The State Water Control Board and the City of Modesto require a Storm Water Pollution Prevention Plans (SWPPP) to be developed prior to any construction activity of one acre or greater. A copy of the Notice of Intent (NOI) and SWPPP shall be submitted for review prior to obtaining grading permit.

28. All department Conditions of Approval for the project shall be included with building plans and shall be continuously maintained on-site during project construction to the satisfaction of the Chief Building Official.

29. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.

30. All existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as required by the City Engineer or designee. Easements for utilities, irrigation, and electrical lines to remain shall be reserved as required.

31. At the time of issuance of a building permit, the developer shall pay development impact fees at the established rate. Such fees may #28..
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include but are not limited to, sewer and water connection fees, community facility fees, building permit and plan check fees.

32. 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.

33. Project approval shall become null and void five (5) years following the effective date of approval, unless a building permit is issued and construction is commenced, and diligently pursued toward completion.

In addition, the following recommended conditions of approval are mitigation measures from the Modesto Urban Area General Plan Master Environmental Impact Report that should be applied to the project:

34. Reduce particulate emissions from construction, grading, excavation, and demolition to the maximum extent feasible in accordance with the requirements of SJVAPCD Regulation VIII. Regulation VIII was adopted to reduce the amount of particulate matter suspended in the atmosphere as a result of emissions generated from anthropogenic (man-made) fugitive dust sources. (Policy VII.H.2.jj)

35. Require all access roads, driveways, and parking areas serving new commercial and industrial development to be constructed with materials that minimize particulate emissions in accordance with the requirements of SJVAPCD Regulation VIII and are appropriate to the scale and intensity of use. (Policy VII.H.2.kk)

36. Effectively stabilize dust emissions using water, chemical stabilizer / suppressant, cover with a tarp or other suitable cover or vegetative ground cover, all disturbed areas, including storage piles, which are not being actively utilized for construction purposes. (Policy VII.H.2.mm)

37. Effectively stabilize dust emissions using water or chemical stabilizer / suppressant, all onsite unpaved roads and off-site unpaved access roads. (Policy VII.H.2.nn)

38. Effectively control fugitive dust emissions utilizing application of water or by presoaking all land clearing, grubbing, scraping, #28..
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excavation, land leveling, grading, cut & fill, and demolition activities. (Policy VII.H.2.oo)

39. When materials are transported off site, cover all materials, or effectively wet them to limit visible dust emissions, and maintain at least six inches of freeboard from top of container. (Policy VII.H.2.qq)

40. Limit operations or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) (Policy VII.H.2.rr)

41. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, effectively stabilize said piles for fugitive dust emissions utilizing sufficient water or chemical stabilizer / suppressant. (Policy VII.H.2.ss)

42. Within urban areas, immediately remove trackout when it extends 50 or more feet from the site and at the end of each workday. (Policy VII.H.2.tt)

43. Prevent carryout and trackout for any site with 150 or more vehicle trips per day. (Policy VII.H.2.uu)

44. Limit traffic speeds on unpaved roads to 15 mph. (Policy VII.H.2.vv)

45. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent (1%). (Policy VII.H.2.ww)

46. Install wheel washers for all exiting trucks, or wash all trucks and equipment leaving the site. (Policy VII.H.2.xx)

47. Install wind breaks at windward side(s) of construction areas. (Policy VII.H.2.yy)

48. Suspend excavation and grading activity when winds exceed 20 mph (regardless of windspeed, an owner/operator must comply with Regulation VIII’s 20 percent opacity limit). (Policy VII.H.2.zz)

49. Limit the area subject to excavation, grading, and other construction activity at any one time. (Policy VII.H.2.aaa)
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50. Implement noise-reducing construction practices as conditions of approval where substantial construction-related noise impacts would be likely to occur, such as with extended periods of pile driving, or where construction is expected to continue or where sensitive receptors would be affected by construction noise. Conditions of approval may include, but are not limited to:
a. Require construction equipment, including air compressors and pneumatic equipment to have properly maintained mufflers; b. Require impact tools to be equipped with shrouds or shields; c. Require that the quietest equipment available be used; and, d. Require selection of haul routes that affect the fewest number of people. (Policy VII-G.3.b)

51. For proposed development consistent with the adopted Urban Area General Plan on lands within the Baseline Developed Area and Downtown, exclusive of lands within the Dry Creek and Tuolumne River Comprehensive Planning Districts, an assessment of whether any potential habitat for special-status species is present within proposed development areas shall be made. No further biological study is warranted unless habitat is present or if specific information concerning the known or potential presence of significant biological resources is identified in future updates of the California Natural Diversity Database, or through formal or informal input received from resource agencies or other qualified sources (Policy VII-E.2[a]).

52. Construction activities shall comply with the requirements of the City’s Stormwater Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. (Policy VI.G.3)

53. Ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New
Development Stormwater Quality Control Measures. (Policy VI.G.5)

54. Require new development to implement an appropriate selection of permanent pollution control measures in accordance with the City’s implementation policies for the municipal NPDES stormwater permit. (Policy VI.G.6)

55. Integrate Low Impact Development principles into proposed development projects’ design. Low Impact Development is a storm water management and land development strategy that promotes conservation and use of natural on-site features combined with engineered small-scale hydrologic devices. In designing development projects, minimize the amount of impervious surface in order to maximize on-site infiltration of stormwater runoff and minimize the #28..
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potential for storm water runoff from the site. (Policy VI.G.8)

56. In the event that site inspection or construction activities uncover chemical contamination, underground storage tanks, abandoned drums, or other hazardous materials or wastes at a parcel, the inspection report preparer shall so notify the City. The City shall notify the County Health Services Department. Under the direction of these agencies, a site remediation plan would be prepared by the project applicant.

57. The plan would (1) specify measures to be taken to protect workers and the public from exposure to potential site hazards and (2) certify that the proposed remediation measures would clean up the wastes, dispose the wastes, and protect public health in accordance with federal, state, and local requirements. Permitting or work in the areas of potential hazard shall not proceed until the site remediation plan is on file with the City.

58. If a parcel is found to be contaminated to a level that prohibits the proposed use, the potential for reduction of the hazard should be evaluated. Site remediation is theoretically capable of removing hazards to levels sufficiently low to allow any use at the site. In practice, both the technical feasibility of the remediation and its cost (financial feasibility) should be evaluated in order to determine the overall feasibility of locating a specific use on a specific site. In some cases, it may require restriction to industrial use or a use that involves complete paving and covering of the parcel.

59. In accordance with OSHA requirements, any activity performed at a contaminated site shall be preceded by preparation of a separate site health and safety plan (prepared by the project applicant and filed with the City) for the protection of workers and the public. All reports, plans, and other documentation shall be added to the administrative record. (Policy VI.M.3)

60. Applicants for building permits should determine that a site containing or formerly containing residences or farm buildings / structures has been fully investigated for the presence of hazardous materials or wastes prior to issuance of the permit. Investigation should consist of, at minimum, a Phase I environmental site assessment and a Phase II site assessment, if found necessary as a result of the Phase I assessment. The findings of the site assessment should be reported to the City and the County’s Department of Environmental Resources.

The appropriate remediation should occur prior to final occupancy of the approved development. (Policy VI.M.6)|
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61. The City’s Noise Ordinance (Modesto Municipal Code Section 4-

9.101) prohibits the “loud and raucous discharge into the open air of the steam of any steam equipment or exhaust from any stationary internal-combustion engine.” The Noise Ordinance prohibits the loud and raucous operation or use of any of the following before 7:00 a.m. or after 9:00 p.m. daily (except Saturday and Sunday and State or Federal holidays, when the prohibited time shall be before 9:00 a.m. and after 9:00 p.m.):
a. A hammer, or any other device or implement used to pound or strike an object.
b. An impact wrench, or other tool or equipment powered by compressed air.
c. A hand-powered saw.
d. Any tool or piece of equipment powered by an internal-combustion engine such as, but not limited to, chain saw, backpack blower, and lawn mower.
e. Any electrically powered (whether by alternating current electricity or by direct current electricity) tool or piece of equipment used for cutting, drilling, or shaping wood, plastic, metal, or other materials or objects, such as, but not limited to, a saw, drill, lathe, or router.
f. Any of the following: heavy equipment (such as but not limited to bulldozer, steam shovel, road grader, backhoe), ground drilling and boring equipment (such as but not limited to derrick or dredge), hydraulic crane and boom equipment, portable power generator or pump, pavement equipment (such as but not limited to pneumatic hammer, pavement breaker, tamper, compacting equipment), piledriving equipment, vibrating roller, sand blaster, gunite machine, trencher, concrete truck, and hot kettle pump.
g. Any construction, demolition, excavation, erection, alteration, or repair activity. In the case of urgent necessity and in the interest of public health and safety, the Chief Building Official may issue a permit for exemption from these. Such period shall not exceed three (3) working days in length while the emergency continues but may be renewed for successive periods of three (3) days or less while the emergency continues. The Chief Building Official may limit such permit as to time of use and/or permitted action, depending upon the nature of the emergency and the type of action requested.
h. Construction equipment and vehicles should be equipped with properly operating mufflers according to the manufacturers’ #28..
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recommendations. Air compressors and pneumatic equipment should be equipped with mufflers, and impact tools should be equipped with shrouds or shields.

62. If archaeological resources are discovered at any time during construction, all activity shall cease until the site is surveyed by a qualified archaeologist. The survey shall include mitigation measures, which shall be implemented before construction resumes. The survey shall follow the criteria as presented in Appendix K.

63. The developer shall implement pre- and post-construction best management practices (BMPs) to minimize pollutants entering the storm system.

2. DEVELOPMENT SCHEDULE. The following development schedule is hereby approved for said Planned Development Zone, P-D (247):

The entire construction program be accomplished in one phase, construction to begin on or before July 12, 2027, and completion to be not later than July 12, 2029.

3. CHANGES IN DEVELOPMENT PLAN. Any changes in the above approved development plan shall be made in accordance with the provisions of Section 10-7.108 of the Modesto Municipal Code.

4. COMPLIANCE WITH CODE PROVISIONS, ETC. In all other respects said planned development shall be accomplished in accordance with and in strict adherence to the provisions of Article 1 of Chapter 7 of Title 10 of the Modesto Municipal Code relating to Planned Development Zones and other applicable City laws, rules, regulations and procedures.

5. EFFECTIVE DATE. This resolution shall not become effective unless and until the ordinance reclassifying the above-described property to Planned Development Zone, P-D (247), becomes effective.
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BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.

BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on July 12, 2022, and that if a protest is not filed within this ninety (90)-day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12 day of July, 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: ____________________________
DIANE NAYARES-PEREZ, City
Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
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APPROVED AS TO LEGAL DESCRIPTION
By __________________________________________
Community & Economic Development Department
Planning Division
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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): AN AMENDMENT TO PLANNED
DEVELOPMENT P-D (247) TO ALLOW COMMERCIAL DEVELOPMENT

THAT WOULD INCLUDE FOOD TRUCK COMMISSARY, PARKING, AND
MANUFACTURING/REPAIR SERVICES ON PROPERTY LOCATED AT 2301

CROWS LANDING ROAD
WHEREAS, on March 5, 2019, by Resolution 2019-108, 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, Carolina Fernandez has proposed an amendment to Planned Development P-D (247) to allow for commercial development that would include food truck commissary, parking, and manufacturing/repair services on property located at 2301 Crows Landing Road; 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 No. 2022-17 (“Initial Study”) which 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; and WHEREAS, in accordance with CEQA guidelines beginning on June 22, 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 #28..
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WHEREAS, said matter was considered by the City Council at a duly noticed public hearing which was held on July 12, 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 planned development amendment, 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.

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 12 day of July 2022, by Councilmember , who #28..
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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: ________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________________
JOSE M. SANCHEZ, City Attorney
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EXHIBIT A
Initial Study
EA/C&ED 2022-17
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PDA-21-004

PLANNING COMMISSION
RESOLUTION NO. 2022-16

A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO PLANNED DEVELOPMENT ZONE P-D(247) TO ALLOW FOR COMMERCIAL

DEVELOPMENT WITH COMMISSARY AND FOOD TRUCK PARKING AND
MANUFACTURING/REPAIR SERVICES ON THE PROPERTY LOCATED 2301

CROWS LANDING ROAD (CAROLINA FERNANDEZ)
WHEREAS, by Ordinance No. 1892-C.S., approved on November 6, 1979, the City Council established P-D(247) as a prezone for development of “M-1 Zone uses which are agriculturally related,” on a 39-acre property at the northwest corner of Crows Landing Road and Whitmore Avenue; and
WHEREAS, the property was annexed soon after as part of the Crows LandingWhitmore annexation effective April 4, 1980; and WHEREAS, P-D(247) Zone was established to require all de-velopment subsequent to Valley Tractor to be preceded by Planning Commission approval of the development plans; and
WHEREAS, by Ordinance No. 2670-C.S., adopted on June 6, 1989, the City Council rezoned the western 21 acres of P-D(247) to R-1 pursuant to the Shaker Estates singlefamily subdivision; and

WHEREAS, by Ordinance No.3224-C.S., adopted on May 22, 2001, the City Council approved an amendment to P-D(247) to expand the permitted uses to include all commercial and industrial uses as are allowed in the M-1 Zone; and WHEREAS, by Resolution No. 2001-234, adopted on May 22, 2001, the City Council approved a development plan for P-D(247) to construct a mini storage facility; and WHEREAS, by Resolution No. 2005-029, adopted on June 6, 2022, the Planning Commission that it hereby approved an amendment to P-D(247) to allow the development of a Commercial Center on the property located on the west side of Crows Landing Road north of the Whitmore/Crows Landing intersection; and
WHEREAS, by Resolution No. 2009-007, adopted on January 26, 2009, the Planning Commission approved an amendment to P-D(247) to allow a restaurant and a convenience market with gasoline pumps and car wash in the place of previously approved building pads; and

WHEREAS, an application for an amendment to P-D(247) was filed by Carolina Fernandez, to allow the development of a commercial development and Commissary with food truck parking and manufacturing/repair services, and WHEREAS, a public hearing was held by the Planning Commission on June 6, 2022, via teleconference, at which hearing evidence both oral and documentary was received and considered; and
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WHEREAS, the Planning Commission certifies it has received and reviewed the Initial Study, Environmental Assessment No. EA/C&ED 2022-17, which concluded that the proposed project is within the scope of the Modesto Urban Area General Plan Master EIR (SCH No. 2014042081). Pursuant to Section 21157.1 of CEQA, no new environmental review is required in accordance with the findings below.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds and determines that the amendment to Planned Development Zone P-D(247), is required by public necessity, convenience, and general welfare for the following reasons:

1. The proposed rezoning is consistent with the Modesto Urban Area General Plan, as the site is designated Commercial, which permits retail commercial centers subject to compliance to City standards.

2. The type of project is described in Chapter II of the Modesto Urban Area General Plan Master EIR (MEIR).

3. All applicable policies, regulations, and mitigation measures identified in the Master EIR have been applied to the project or otherwise made conditions of approval of the project.

4. An Initial Study was prepared by the City of Modesto that analyzed whether the proposed subsequent project may cause any significant effect on the environment that was not examined in the MEIR and it has been determined that the project was described in the MEIR as being within the scope of the MEIR.

5. Based on the Initial Study, the City of Modesto finds and determines:
a. The proposed subsequent project will have no additional significant effect as defined in CEQA Section 21158 that was not identified in the MEIR.
b. No new or additional mitigation measures or alternatives are required.
c. The subsequent project is within the scope of the project covered by the Master EIR, and,
d. All applicable policies, regulations, and/or mitigation measures identified in the Master EIR have been applied to the
subsequent project or otherwise made conditions of approval of the subsequent project

6. The Initial Study, Environmental Assessment No. EA/C&ED 2022-17, provides the substantial evidence to support finding numbers 5a-5d, noted above.
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PDA-21-004
BE IT FURTHER RECOMMENDED by the Planning Commission that it recommends the the City Council amend P-D (247) subject to the following conditions:

1. All development shall conform to the plot plan and building elevations titled "Crows Landing Center at 2301 Crows Landing Road" as amended in red, stamped approved by the Planning Commission on June 6, 2022.

3. All construction documentation shall be coordinated for consistency, including but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, utility and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Planning Department.

5. Exterior building elevations showing building wall materials, roof types, exterior colors and appropriate vertical dimensions shall be included in the development construction drawings.

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PDA-21-004

11. All signs shall comply with the sign requirements of the C-3 Zones. Prior to issuance of a sign permit, individual sign plans for the project shall be submitted to the Planning Division for separate review and approval prior to installation. All signs will be reviewed for conformance with the sign code.

12. Prior to occupancy of any structure, striping of parking stalls, aisles and driveways shall conform to the provisions of MMC Section 10-5.105, Parking Lot Design Standards.

13. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.

16. Applicant shall install climbing vines on all walls, in a landscape planter, around the all trash or storage enclosures to discourage tagging.

18. Applicant shall install bicycle parking racks as part of the project development per MMC and Green Building Standards Code.

20. Prior to issuance of a building permit the developer shall dedicate public utility easements as required by the utility companies and the City Engineer or designee.

21. Irrigation lines shall be removed, relocated, or protected as required by the Turlock Irrigation District and the City Engineer or designee. Easements for irrigation lines to remain shall be dedicated.
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22. All outdoor lighting shall be shielded from adjacent residential properties as required by the City Engineer or designee.

23. Trash bins shall be kept in enclosures in accordance with the approved plan and in accordance with plans approved by the Public Works Director or designee. Enclosures shall be constructed of building materials consistent with those used in the major buildings as approved by the Community and Economic Development Department Director or designee.

24. All aspects of this project shall comply with relevant City of Modesto Standards and Fire Codes as required by the Fire Marshall.

25. Prior to the issuance of a building permit, the developer shall submit a plan to provide on-site treatment of stormwater, as approved by the Public Works Director or designee.

Storm drain improvements shall be constructed in accordance with the approved plans.

Provide stormwater treatment controls for the first one-half inch of stormwater runoff from impervious areas of addition. Use either biofiltration (grass swales, vegetative strips) or a propriety device. Design and locate trash enclosure to drain to landscape area.

26. The State Water Control Board and the City of Modesto require a Storm Water Pollution Prevention Plans (SWPPP) to be developed prior to any construction activity of one acre or greater. A copy of the Notice of Intent (NOI) and SWPPP shall be submitted for review prior to obtaining grading permit.

27. All department Conditions of Approval for the project shall be included with building plans and shall be continuously maintained on-site during project construction to the satisfaction of the Chief Building Official.

28. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.

29. All existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as required by the City Engineer or designee. Easements for utilities, irrigation, and electrical lines to remain shall be reserved as required.

30. At the time of issuance of a building permit, the developer shall pay development impact fees at the established rate. Such fees may include but are not limited to, sewer and water connection fees, community facility fees, building permit and plan check fees.

31. 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, #28..
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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.

32. Project approval shall become null and void five (5) years following the effective date of approval, unless a building permit is issued and construction is commenced, and diligently pursued toward completion.

33. Reduce particulate emissions from construction, grading, excavation, and demolition to the maximum extent feasible in accordance with the requirements of SJVAPCD Regulation VIII. Regulation VIII was adopted to reduce the amount of particulate matter suspended in the atmosphere as a result of emissions generated from anthropogenic (man-made) fugitive dust sources. (Policy VII.H.2.jj)

34. Require all access roads, driveways, and parking areas serving new commercial and industrial development to be constructed with materials that minimize particulate emissions in accordance with the requirements of SJVAPCD Regulation VIII and are appropriate to the scale and intensity of use. (Policy VII.H.2.kk)

35. Effectively stabilize dust emissions using water, chemical stabilizer / suppressant, cover with a tarp or other suitable cover or vegetative ground cover, all disturbed areas, including storage piles, which are not being actively utilized for construction purposes. (Policy VII.H.2.mm)

36. Effectively stabilize dust emissions using water or chemical stabilizer / suppressant, all onsite unpaved roads and off-site unpaved access roads. (Policy VII.H.2.nn)

37. Effectively control fugitive dust emissions utilizing application of water or by presoaking all land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities. (Policy VII.H.2.oo)

38. When materials are transported off site, cover all materials, or effectively wet them to limit visible dust emissions, and maintain at least six inches of freeboard from top of container. (Policy VII.H.2.qq)

39. Limit operations or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) #28..
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(Policy VII.H.2.rr)

40. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, effectively stabilize said piles for fugitive dust emissions utilizing sufficient water or chemical stabilizer / suppressant. (Policy VII.H.2.ss)

41. Within urban areas, immediately remove trackout when it extends 50 or more feet from the site and at the end of each workday. (Policy VII.H.2.tt)

42. Prevent carryout and trackout for any site with 150 or more vehicle trips per day. (Policy VII.H.2.uu)

43. Limit traffic speeds on unpaved roads to 15 mph. (Policy VII.H.2.vv)

44. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent (1%). (Policy VII.H.2.ww)

45. Install wheel washers for all exiting trucks, or wash all trucks and equipment leaving the site. (Policy VII.H.2.xx)

46. Install wind breaks at windward side(s) of construction areas. (Policy VII.H.2.yy)

47. Suspend excavation and grading activity when winds exceed 20 mph (regardless of windspeed, an owner/operator must comply with Regulation VIII’s 20 percent opacity limit). (Policy VII.H.2.zz)

48. Limit the area subject to excavation, grading, and other construction activity at any one time. (Policy VII.H.2.aaa)

49. Implement noise-reducing construction practices as conditions of approval where substantial construction-related noise impacts would be likely to occur, such as with extended periods of pile driving, or where construction is expected to continue or where sensitive receptors would be affected by construction noise. Conditions of approval may include, but are not limited to:

Require construction equipment, including air compressors and pneumatic equipment to have properly maintained mufflers;
◦ Require impact tools to be equipped with shrouds or shields; ◦ Require that the quietest equipment available be used; and, ◦ Require selection of haul routes that affect the fewest number of people. (Policy VII-G.3.b)

50. For proposed development consistent with the adopted Urban Area General Plan on lands within the Baseline Developed Area and Downtown, exclusive of lands within the Dry Creek and Tuolumne River Comprehensive Planning Districts, an assessment of whether any potential habitat for special-status species is present within proposed development areas shall be made. No further biological study is warranted unless habitat is present or if specific #28..
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information concerning the known or potential presence of significant biological resources is identified in future updates of the California Natural Diversity Database, or through formal or informal input received from resource agencies or other qualified sources (Policy VII-E.2[a]).

51. Construction activities shall comply with the requirements of the City’s Stormwater Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. (Policy VI.G.3)

52. Ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New Development Stormwater Quality Control Measures. (Policy VI.G.5)

53. Require new development to implement an appropriate selection of permanent pollution control measures in accordance with the City’s implementation policies for the municipal NPDES stormwater permit. (Policy VI.G.6)

54. Integrate Low Impact Development principles into proposed development projects’ design. Low Impact Development is a storm water management and land development strategy that promotes conservation and use of natural on-site features combined with engineered small-scale hydrologic devices. In designing development projects, minimize the amount of impervious surface in order to maximize on-site infiltration of stormwater runoff and minimize the potential for storm water runoff from the site. (Policy VI.G.8)

55. In the event that site inspection or construction activities uncover chemical contamination, underground storage tanks, abandoned drums, or other hazardous materials or wastes at a parcel, the inspection report preparer shall so notify the City. The City shall notify the County Health Services Department. Under the direction of these agencies, a site remediation plan would be prepared by the project applicant.

56. The plan would (1) specify measures to be taken to protect workers and the public from exposure to potential site hazards and (2) certify that the proposed remediation measures would clean up the wastes, dispose the wastes, and protect public health in accordance with federal, state, and local requirements. Permitting or work in the areas of potential hazard shall not proceed until the site remediation plan is on file with the City.

57. If a parcel is found to be contaminated to a level that prohibits the proposed use, the potential for reduction of the hazard should be evaluated. Site remediation is theoretically capable of removing hazards to levels sufficiently low to allow any use at the site. In practice, both the technical feasibility of the remediation and its cost (financial feasibility) should be evaluated in order to determine the overall feasibility #28..
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of locating a specific use on a specific site. In some cases, it may require restriction to industrial use or a use that involves complete paving and covering of the parcel.

58. In accordance with OSHA requirements, any activity performed at a contaminated site shall be preceded by preparation of a separate site health and safety plan (prepared by the project applicant and filed with the City) for the protection of workers and the public. All reports, plans, and other documentation shall be added to the administrative record. (Policy VI.M.3)

59. Applicants for building permits should determine that a site containing or formerly containing residences or farm buildings / structures has been fully investigated for the presence of hazardous materials or wastes prior to issuance of the permit.

Investigation should consist of, at minimum, a Phase I environmental site assessment and a Phase II site assessment, if found necessary as a result of the Phase I assessment. The findings of the site assessment should be reported to the City and the County’s Department of Environmental Resources. The appropriate remediation should occur prior to final occupancy of the approved development. (Policy VI.M.6)|

60. The City’s Noise Ordinance (Modesto Municipal Code Section 4-9.101) prohibits the “loud and raucous discharge into the open air of the steam of any steam equipment or exhaust from any stationary internal-combustion engine.” The Noise Ordinance prohibits the loud and raucous operation or use of any of the following before 7:00 a.m. or after 9:00 p.m. daily (except Saturday and Sunday and State or Federal holidays, when the prohibited time shall be before 9:00 a.m. and after 9:00 p.m.):
a. A hammer, or any other device or implement used to
pound or strike an object.
b. An impact wrench, or other tool or equipment powered by compressed air.
c. A hand-powered saw.
d. Any tool or piece of equipment powered by an
internal-combustion engine such as, but not limited to, chain saw, backpack blower, and lawn mower.
e. Any electrically powered (whether by alternating
current electricity or by direct current electricity) tool or piece of equipment used for cutting, drilling, or
shaping wood, plastic, metal, or other materials or
objects, such as, but not limited to, a saw, drill, lathe, or router.
f. Any of the following: heavy equipment (such as but
not limited to bulldozer, steam shovel, road grader,
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backhoe), ground drilling and boring equipment (such
as but not limited to derrick or dredge), hydraulic
crane and boom equipment, portable power generator
or pump, pavement equipment (such as but not limited to pneumatic hammer, pavement breaker, tamper, compacting equipment), pile-driving equipment, vibrating roller, sand blaster, gunite machine, trencher, concrete truck, and hot kettle pump.
g. Any construction, demolition, excavation, erection,
alteration, or repair activity. In the case of urgent
necessity and in the interest of public health and
safety, the Chief Building Official may issue a permit
for exemption from these. Such period shall not
exceed three (3) working days in length while the
emergency continues but may be renewed for successive periods of three (3) days or less while the emergency continues. The Chief Building Official may
limit such permit as to time of use and/or permitted
action, depending upon the nature of the emergency
and the type of action requested.
h. Construction equipment and vehicles should be
equipped with properly operating mufflers according to
the manufacturers’ recommendations. Air compressors and pneumatic equipment should be equipped with mufflers, and impact tools should be
equipped with shrouds or shields.

61. If archaeological resources are discovered at any time during construction, all activity shall cease until the site is surveyed by a qualified archaeologist. The survey shall include mitigation measures, which shall be implemented before construction resumes. The survey shall follow the criteria as presented in Appendix K.

62. The developer shall implement pre- and post- construction best management practices (BMPs) to

15. The developer shall implement pre- and post-construction best management practices (BMPs) to minimize pollutants entering the storm system.

BE IT FURTHER RESOLVED by the Planning Commission that the Secretary of the Planning Commission is hereby directed to file with the Stanislaus County Clerk a Notice of Determination in regard to the environmental impact of the proposed Commercial Center project.
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ITEM B
Planning Commission Agenda Report June 06, 2022
Public Hearing Item B Page 1

CITY OF MODESTO

PLANNING COMMISSION STAFF REPORT
1010 10th STREET
MODESTO, CA 95354
(209) 577-5267 – (209) 491-5798 (fax)
TO: Chairperson Vohra and Members of the Planning Commission PREPARED BY: Paul Liu, Principal Planner
Contact Info: 577-5267 [email protected]
APPROVED BY: Steve Mitchell, Planning Manager
DATE: June 6, 2022
SUBJECT: PDA-21-004 – Amend P-D (247) for commercial development and commissary with food truck parking and manufacturing/repair services; submitted by Carolina Fernandez.

RECOMMENDATION
Resolution recommending to the City Council an amendment to P-D (247) to allow for commercial development and commissary with food truck parking and manufacturing/repair services, on property located at 2301 Crows Landing Road.

BACKGROUND
P-D (247) is a custom-tailored zone allowing agriculturally related Light Industrial (M-1) Uses, a mini storage facility, and parking with commercial retail center on approximately 18 acres at the northwest corner of Whitmore Avenue and Crows Landing Road. John Deere, a farm equipment business, occupies the south 5.7 acres of P-D (247). A mini storage facility is located on the north 4.5 acres of P-D (247). In 2005, P-D (247) was amended to allow for a commercial center on the middle 7.5 acres with several buildings totaling 65,000 square feet in the rear portion plus about 10,000 square feet on the two front pads. In 2008, another amendment was approved for a fast food restaurant, and gas station/convenience store on about 1.8 acres on the two front pads along the street frontage of the land between the John Deer business and the mini storage.

The remaining rear 5.68 acres, west of the existing fast food restaurant and gas station/convenient store is the site of the proposed P-D (247) amendment. The surrounding land uses are as listed:
• North: Planned Development Zone P-D (247), Mini Storage Facility • East: County of Stanislaus unincorporated area, industrial uses on the east side of Crows Landing Road.
• South: Planned Development Zone P-D (247), John Deer Agricultural Machinery Sales • West: Low Density Residential (R-1) Zone, single-family residential dwellings The general plan designation for the subject site is “C” (Commercial).

On November 30, 2021 the applicant applied to allow for a reduction of commercial uses and #28..
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the addition of a commissary with food truck parking and manufacturing/repair services. A public hearing notice was published for the Planning Commission meeting of February 28, 2022 to consider a proposal to amend P-D (247) to allow for commercial development and RV parking/storage on the subject property. Staff received updated information from the Applicant that the proposal is for a commissary with food truck parking, storage, and repair services instead of R/V parking storage with commercial development. A continuance was granted at the February 28, 2022 Planning Commission meeting to allow staff the additional time to evaluate the proposed project details.

PROJECT DESCRIPTION
The project proposal will develop five vacant parcels in the subject planned development zone, west of the current AM/PM Gas Station and Car Wash, and Jack in the Box restaurant. Totaling approximately 42,700 sq.ft of building area, the development will include:
• Proposed Building 1:”Big Box Style” Retail, 21,125 sq. ft., Two Story Structure, 27 ft. in height.
• Proposed Building 2: Food Truck Manufacturing/Repair Shop, 9,794 sq. ft., Single Story Structure, 19 ft. in height.
o Building will provide 2 bays for the manufacturing, repair, and maintenance of food trucks/trailers. The work is primarily installing the kitchen area of food trucks. Engine work and major automobile repair will not be offered on site.

Parts and materials will be stored on site in this building as well. The Applicant expects approximately 3 trucks will be completed on site per month. • Proposed Building 3: Retail Strip Mall, 8,100 sq. ft., Single Story Structure, 18 ft. in height.
• Proposed Building 4: Commissary, 3,672 sq. ft., Single Story Structure, 19 ft. in height.
o Building will include kitchen, restrooms, and boilers to provide hot and cold water to each stall. Hours are to be 7:00am to 5:00pm, with peak hours expected to be 7:00am to 10:00am.

Development of the site will include a circulation pattern and parking lot to accommodate truck parking stalls for the proposed development. These facilities will utilize existing drive entrances on Crows Landing Road for access to the rear parcels. The site will also be landscaped in accordance to the requirements of the Modesto Municipal Code.

ANALYSIS
Land Use
Since the establishment of P-D (247), the site has been approved for various commercial and industrial uses. Originally approved in 1979 for M-1 Zone uses which are strictly agriculturally related, P-D (247) was amended in 2001 to allow for mini storage and “all commercial and industrial uses as are allowed in the M-1 (Light Industrial) Zone.” A 2005 planned development amendment for P-D (247) allows for a commercial center on the subject parcels to the south of the mini storage facility and north of the John Deere business. In this way, the proposed commercial retail buildings, commissary, and food truck manufacturing/repair site are consistent #28..
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Public Hearing Item B Page 3
with the previously approved commercial and industrial land uses for the site and area. The manufacturing and repair of food trucks is considered an accessory use to the other uses. Staff is satisfied with the proposal, and will require that any future variations of the proposed use or similar uses receive approval from the Director.

Parking
The Municipal Code requires one parking space per 300 square feet of retail business, and one parking space per 600 square feet of manufacturing. Therefore, the proposed uses will require 120 parking spaces (97 parking spaces for proposed retail “Building 1” and “Building 3”, and 23 parking spaces for proposed commissary and food truck manufacturing/repair shop “Building 2” and “Building 4”). 129 parking spaces will be provided on site, and the proposed development also provides a total of 50 truck parking stalls on-site to be utilized by Building 4 (Commissary) but also available for the businesses of Building 1 (Retail). Parking is adequate.

Storm Water Drainage
The proposed development will be required to retain and treat storm water on site, consistent with the City’s Stormwater Pollution Prevention Permit. This will be required as part of the submittal for building permit.

Fence and Wall
A thirty-foot reciprocal access easement exists to the north and west of the proposed development. This easement was described in the original site plan from 1979 first establishing P-D (247), and will remain in its current position. A chain link fence will be installed around the perimeter of the proposed properties on the inside of the access easement. The existing walls/fences will remain in their current location along the property line to separate uses to the north (mini storage) and west (low density residential (R-1) uses) from the proposed development. Furthermore, the development will include a gate and masonry wall separating Building 4 (Commissary) and its associated parking stalls from the remainder of the development.

Because each Planned Development zone is essentially a “custom” zone, a project may only be constructed that is consistent with the Planned Development zone. The project is similar to other commercial development in the area and will result in the upgrade and completion of the Planned Development zone. Staff recommends approval.

GENERAL PLAN CONSISTENCY
The proposed project is consistent with the C, Commercial, general plan designation. The proposed amendment conforms to the General Plan because the Planned Development would allow for commercial development and commissary with food truck parking and repair/manufacturing as an accessory use, a commercial use consistent with the C designation.

ENVIRONMENTAL ASSESSMENT
Initial Study Environmental Checklist, C&ED No. 2022-17 for the proposed Planned Development Amendment is attached to this staff report. The Initial Study concludes that no new significant environmental impacts are raised by the proposed amendment. Furthermore, it concludes that the proposed amendment 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 #28..
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environmental review is required.

ATTACHMENTS (included with Commissioners' packets only)

1. Draft Planning Commission Resolution –

2. Initial Study Environmental Checklist, C&ED No. 2022-17

3. Financial Interest Disclosure Form
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Area Map
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Site Plan
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Building 1 Elevations (Big Box Style Retail)
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Building 2 Elevations
(Food Truck Manufacturing/Repair Shop)
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Building 3 Elevations (Retail Strip Mall)
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Building 4 Elevations (Commissary Kitchen)
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P-D (247) Approved Site Plan from Resolution No. 2005-26 on June 6, 2005 (PDA-04-007)
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Updated: August 2020
City of Modesto
Finding of Conformance with the
Urban Area General Plan Master EIR
(SCH No. 2014042081)
Initial Study Environmental Checklist
C&ED No. 2022-17
For the proposed:

Amendment to allowable uses of Planned Development Zone P-D (247), to allow for commercial development and
commissary with food truck parking and manufacturing/repair services on property located at 2301 Crows Landing Road.

Prepared by:

City of Modesto
Community & Economic Development Department
Planning Division
January 19, 2022
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Updated: August 2020
(Intentional Blank Page)
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 1 January 22, 2022 City of Modesto
Master EIR Initial Study Environmental Checklist
I. PURPOSE
CEQA allows for the limited environmental review of subsequent projects under the City’s Master Environmental Impact Report (“Master EIR”). This Initial Study Environmental Checklist (“Initial Study”) is used in determining whether the proposed P-D Amendment (“Project”) is “within the scope” of the project analyzed in the Modesto Urban Area General Plan Master EIR (SCH# 2014042081) (Public Resources Code section 21157.1). When the Initial Study supports this conclusion, the City will issue a Finding of Conformance.

A subsequent project is “within the scope” of the Master EIR when:

1. it will have no additional significant effects on the environment that were not addressed as significant effects in the Master EIR; and,

2. no new or additional mitigation measures or alternatives are required. “Additional significant effects” means a project-specific effect that was not addressed as a significant effect in the Master EIR. [Public Resources Code Section 21158(d)] The determination must be based on substantial evidence in the record. “Substantial evidence” means facts, reasonable assumptions predicated upon facts, or expert opinion based on facts. It does not include speculation or unsubstantiated opinion. (CEQA Guidelines Section 15384) II. PROJECT DESCRIPTION
A. Title: PDA-21-004: Amendment to Planned Development Zone P-D(247), Commercial Uses and Commissary with Food Truck parking and manufacturing/repair services.

B. Address or Location: 2301 Crows Landing Road., Modesto CA 95351 C. Applicant: Carolina Fernandez, 2328 Peppermint Drive, Modesto CA 95355 D. City Contact Person: Katharine Martin, Senior Planner Project Manager: Katharine Martin
Department: Community and Economic Development, Planning Division Phone Number: 209-577-5267
E-mail address: [email protected]
E. Current General Plan Designation(s): Commercial (C)
F. Current Zoning Classification(s): Planned Development Zone P-D(247) G. Surrounding Land Uses:

North: Planned Development Zone P-D(247), Mini Storage Facility South: City of Ceres Incorporated Area, Vacant Land
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 2 January 22, 2022 East: County of Stanislaus unincorporated area, industrial uses on the east side of Crows Landing Road.

West: Low Density Residential (R-1) Zone, single-family residential uses H. Project Description, including the project type listed in Section II.C (Anticipated Future Projects) of the Master EIR (Attach additional maps/support materials as needed for complete record):

Amendment of a portion of Planned Development Zone P-D (247) to allow for commercial uses including a commissary with food truck parking and manufacturing/repair services.

Amendment area is 5.68 acres and is currently vacant. Existing commercial uses within the PD Zone including drive thru restaurant and gas station to remain as-is. Food Truck services would utilize existing drive entrances on Crows Landing Road for access to the storage facility. #28..
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 3 January 22, 2022

SITE PLAN
PDA-21-004
I. Other Public Agencies Whose Approval is Required: None. #28..
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City of Modesto General Plan Master EIR 4 January 22, 2022 III. FINDINGS / DETERMINATION (SELECT ONE ON THE BASIS OF THE ANALYSIS

IN SECTION IV)

1. X Within the Scope – The project is within the scope of the Master EIR and no new environmental document or Public Resources Code Section 21081 findings are required. All of the following statements are found to be true:

A. 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;
B. No new or additional mitigation measures or alternatives are required; C. The subsequent project is within the scope of the project covered by the Master EIR; and,
D. All applicable policies, regulations, and/or mitigation measures identified in the Master EIR have been applied to the subsequent project or otherwise made conditions of approval of the subsequent project.

2. Mitigated Negative Declaration Required – On the basis of the above determinations, the project is not within the scope of the Master EIR. A mitigated negative declaration will be prepared for the project. The following statements are all found to be true:

A. The subsequent project is within the scope of the project covered by the Master EIR; B. 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; and,
C. The project will have one or more potential new significant effects on the environment that were not addressed as significant effects in the Master EIR. New or additional mitigation measures are being required of the project that will reduce the effects to a less than significant level.

3. Focused EIR Required – On the basis of the above determinations, the project is not within the scope of the Master EIR. A Focused EIR will be prepared for the project. All of the following statements are found to be true:

A. The subsequent project is within the scope of the project covered by the Master EIR; B. 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; and,
C. The project will have one or more new significant effects on the environment that were not addressed as significant effects in the Master EIR. New or additional mitigation measures or alternatives are required as a result.

Sean Manalo Associate Planner January 22, 2022
Project Manager Title Date
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 5 January 22, 2022

4. Within the Scope Analysis of this Document:

The Master EIR allows projects to be found within the scope of the MASTER EIR if certain criteria are met. If the following statements are found to be true for all 20 impact categories included in this Initial Study, then the proposed project is addressed by the Master EIR analysis and is within the scope of the Master EIR. Any “No” response must be discussed.

YES NO
(1) The lead agency for subsequent projects shall be the City of Modesto or a responsible agency identified in the Master EIR.
(2) City policies that reduce, avoid, or mitigate environmental effects will continue to be in effect and, therefore, would be applied to subsequent projects where appropriate. The policies are described in the list of policies in place as “mitigating policies” attached to the Initial Study template. Project impacts would be mitigated to a less-than-significant level using the Master EIR’s mitigating policies only.
(3) Federal, State, regional, and Stanislaus County regulations do not change in a manner that is less restrictive on development than current law (i.e., would not offer the same level of protection assumed under the Master EIR).
(4) No specific information concerning the known or potential presence of significant resources is identified in future reports, or through formal or informal input received from responsible or trustee agencies or other qualified sources. (5) The project will occur within the boundaries of the City’s planning area as established in the Urban Area General Plan.
(6) Implementation of the project will comply with all appropriate mitigating policies contained and enumerated in the 2019 Urban Area General Plan Master EIR.

5. Currency of the Master EIR Document
The Master EIR should be reviewed on a regular basis to determine its currency, and whether additional analysis / mitigation should be incorporated into the Master EIR via a Supplemental or Subsequent EIR (CEQA Section 21157.6). Staff has reviewed Sections 1 through 20 of this document in light of the criteria listed below to determine whether the Master EIR is current. The analyses contained within the Master EIR are current as long as the following circumstances have not changed. Any “no” response must be explained.

YES NO
(1) Certification of the Urban Area General Plan Master EIR occurred less than five (5) years prior to the filing of the application for this subsequent project. (2) The proposed project is described in the Master EIR and its approval will not affect the adequacy of the Master EIR for any subsequent project because the City can make the following findings:
(a) No substantial changes have occurred with respect to the circumstances under which the Master EIR was certified;
(b) No new information, which was not known and could not have been known at the time the Master EIR was certified as complete, has become available; and, #28..
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 6 January 22, 2022 (c) Policies that require site-specific mitigation, and avoidance or other mitigation of impacts as a prerequisite to future development, remain in full force and effect.

Discussion:
(1) The General Plan Master EIR was last certified on March 5, 2019. The analysis contained in the Master EIR is adequate for subsequent projects, as documented in the discussion below. (2) The project is consistent with the analysis contained in the Master EIR. This is documented in the discussion of the 20 individual evaluation topics within this initial study. (2)(a) There have been no substantive changes to the Urban Area General Plan since the Master EIR was certified that would create additional significant environmental effects that were not analyzed by the Master EIR.
(2)(b) There has been no new information that would affect the adequacy of the analysis contained in the Master EIR.
(2)(c) All policies contained in the Master EIR that require site-specific mitigation or avoidance of impacts remain in effect and will be applied to the project as appropriate.

IV. ENVIRONMENTAL ANALYSIS
This Initial Study, in accordance with Section 21157.1(b) of the Public Resources Code, discloses whether the proposed project may cause any project-specific significant effect(s) to the environment that was not examined in the Final Master EIR for the Urban Area General Plan, and whether new or additional mitigation measures or alternatives may be required as a result. The Initial Study thereby documents whether or not the project is “within the scope” of the Master EIR.

Pursuant to Public Resources Code Section 21157.1, no new environmental document or findings are necessary for projects that are determined to be within the scope of the Master EIR. Adoption of the findings specified in Section III.1, above, after completion of the Initial Study fulfills the City’s obligation in that situation. All environmental effects cited reflect 2040 conditions resulting from the Urban Area General Plan, as identified in the Master EIR.

The environmental impact analysis in the Master EIR for the Urban Area General Plan is organized in twenty subject / topical areas. The following analysis is based on the impact analyses contained in Chapter V of the Master EIR. For ease of reference, the sections are numbered in the same order as the analyses in Chapter V.
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City of Modesto General Plan Master EIR 7 January 22, 2022

1. TRAFFIC AND CIRCULATION
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable traffic and circulation impacts expected after application of mitigating policies.

Direct Impacts
Effect: Increased automobile traffic will result in roadway segments (see Master EIR Table V-1-6, pages V-1-36 to V-1-39) operating at LOS D, Modesto’s significance threshold for automobile traffic, or lower (LOS E or F).

Effect: The substantial increase in traffic relative to the existing load and capacity of the street system will cause, either individually or cumulatively, the violation of automobile service standards established by StanCOG’s Congestion Management Plan for designated roads and highways.

Effect: A substantial increase in automobile vehicle miles traveled (see Master EIR Tables V-1-7 through V-1-10, pages V-1-44 through V-1-45).

Cumulative Impacts
Effect: Potential for growth inducement or acceleration of development resulting from highway and local road projects.

Effect: Substantial increase in traffic in relation to the existing traffic load and capacity of the street system, including a violation, either individually or cumulatively, of an automobile LOS standard established by the Congestion Management Plan for designated roads and highways.

Effect: Increased demand for capacity-enhancing alterations to existing roads or automobile traffic reduction.

Other impact categories affected by Traffic and Circulation are addressed throughout this Initial Study (see also: Section 2, Air Quality and Greenhouse Gas Emissions; Section 3, Generation of Noise; Section 18, Energy; Section 19, Visual Resources; and, Section 20, Land Use and Planning). b. Urban Area General Plan Mitigating Policies Applied to the Project Traffic and Circulation-related mitigating policies pertinent to this project are found on Master EIR pages V-1-7 through V-1-30. All mitigating policies appropriate to the project, including any new measures, will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
#28..
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 8 January 22, 2022 Section V-1.B of the Master EIR provides analysis of Traffic and Circulation impacts of development of the General Plan. The following is an analysis of whether the proposed project would result in any new, significant, project-specific effect(s) that were not disclosed in the Master EIR.

Significance Criteria: A subsequent development project will have a new significant effect on the environment if it would exceed the following thresholds / criteria:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

1. TRAFFIC AND CIRCULATION
1) The proposed project would conflict with an
applicable plan, ordinance or policy (including those
within the Urban Area General Plan) establishing
measures of effectiveness for the performance of
the circulation system, taking into account all
modes of transportation including mass transit and
non-motorized travel and relevant components of
the circulation system including, but not limited to
intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit.
2) The proposed project would conflict with an
applicable congestion management program,
including, but not limited to, level of service
standards and travel demand measures, or other
standards established by the county congestion
management agency, for designated facilities.
3) The proposed project would result in a change in
air traffic patterns, including either an increase in
traffic levels or a change in location that results in
substantial safety risks.
4) The proposed project would substantially
increase hazards due to a design feature (e.g. sharp
curves or dangerous intersections) or incompatible
uses (e.g. farm equipment), or result in inadequate
emergency access.
5) The proposed project would conflict with adopted
policies, plans, or programs regarding public transit,
bicycle, or pedestrian facilities, or otherwise
decrease the performance or safety of such
facilities.
6) The proposed project would result in projected
Level of Service “D” or worse for non-exempt City of
Modesto roadways, Caltrans facilities, and/or
County of Stanislaus roadways.

Discussion:
#28..
- 904 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 9 January 22, 2022 (1) The project site is within the Baseline Urbanized Area of the General Plan and would amend the existing zoning for commercial development as is currently permitted within the General Commercial (C-2) Zone to also allow for a commissary with food truck parking and with accessory manufacturing/repair services at the western end of the site. Access to the facility would be via existing driveway entrances on Crows Landing Road, a 124-ft wide Minor Arterial street. The project was referred to Land Development Engineering, Traffic Engineering Design, who indicated no concerns with the proposal.
(2) The project would not exceed a level of service standard established by the county congestion management agency (StanCOG).
(3) The proposed project would not result in a change in air traffic patterns. The project site is not located within a safety zone as established by the Airport Land Use Commission. The nearest airport is the City-County Airport approximately three miles away to the northeast. (4) The proposed project would not substantially increase hazards due to a design feature. The project was referred to the City Fire Department and Traffic Engineering Design, who indicated no concerns.
(5) The project would not conflict with an adopted transit or non-motorized transportation plan. (6) The project would not cause a significant change to the current level of service to the adjacent roadways or the Crows Landing Road/Whitmore Avenue intersection to the south. The project involves a combination of commercial and food truck parking and manufacturing/repair services, with volumes of traffic not expected to be at the same level as for a retail development.

2. AIR QUALITY AND GREENHOUSE GAS EMISSIONS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable air quality impacts expected after application of mitigating policies.

Direct Impacts
Effect: Expected automobile traffic will result in increased operational emissions of reactive organic gases (ROG) and oxides of nitrogen (NOX), and increased carbon monoxide (CO) levels in the project area (see Master EIR Tables V-2-4 through V-2-6, pages V-2-40 through V-2-41).

Effect: Expected construction and development activities could result in increased emissions of particulate matter 10 microns or less (PM10) and 2.5 microns or less in diameter (PM2.5) (see Master EIR page V-2-31, “2. Significant Direct Impacts”).

Cumulative Impacts
The Master EIR indicates the same impacts identified as direct impacts above will contribute to regional impacts on air quality for the criteria pollutants ROG, NOx, PM10, and PM2.5. b. Urban Area General Plan Mitigating Policies Applied to the Project #28..
- 905 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 10 January 22, 2022 Air quality-related mitigating policies that are relevant to the proposed project are found on pages V2-8 through V-2-29 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate policies to be applied to this project include AQ-100, AQ-101, AQ-103 through AQ-105, and AQ-107 through AQ-117 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level. c. Project-Specific Effects
Section V-2.B of the Master EIR is the analysis of air quality impacts resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project -specific effect not analyzed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

2. AIR QUALITY AND GREENHOUSE GAS

EMISSIONS
1) The proposed project would be inconsistent with
the air quality and greenhouse gas emissions
policies in the Urban Area General Plan.
2) The proposed project would conflict with or
obstruct implementation of the applicable air quality
plan.
3) The proposed project would violate any air
quality standard or contribute substantially to
existing or projected violation.
4) The proposed project would result in a
cumulatively considerable net increase of any
criteria pollutant for which the project region is in
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions that exceed quantitative thresholds for
ozone precursors).
5) The proposed project would expose sensitive
receptors to substantial pollutant concentrations.
6) The proposed project would create objectionable
odors affecting a substantial number of people.
7) The proposed project would generate
#28..
- 906 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 11 January 22, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment.
8) The proposed project would conflict with an
applicable plan, policy, or regulation adopted for the
purpose of reducing the emission of greenhouse
gases.

Discussion:
(1) The project involves amendment of a Planned Development Zone to allow for the development of a commercial center with food truck parking and manufacturing/repair services on 5.68 acres.

The proposed project would not be inconsistent with the air quality and greenhouse gas emissions policies in the Urban Area General Plan.
(2) The proposed project would not conflict with or obstruct implementation of the applicable air quality plan.
(3) The proposed project is commercial in nature and would not violate any air quality standard or contribute substantially to existing or projected violation. (4) The proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard.
(5) The proposed project would not expose sensitive receptors to substantial pollutant concentrations.
(6) The project would not create objectionable odors affecting a substantial number of people. The project involves a food truck manufacturing/repair location in a parking lot environment. Some odors may be generated during the construction process of the project but would be temporary and less than significant with application of the mitigation measures cited above. (7) The proposed project would not generate a substantial amount of greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. Emissions would be primarily from food trucks, at volumes expected to be less than typical traffic in and out of a retail center’s parking lot, and would be temporary and less than significant. (8) The project would not exceed emissions thresholds established by the SJVUAPCD, and is consistent with the development standards for a commercial use as established by the General Plan.

3. GENERATION OF NOISE AND VIBRATION
a. Significant Effects Identified in the Master EIR
#28..
- 907 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 12 January 22, 2022 The Master EIR discloses the following residual significant and unavoidable noise and vibration impacts expected after application of mitigating policies.

Direct Impacts
Effect: Future automobile traffic noise levels and roadway construction and maintenance activities resulting from development consistent with the Urban Area General Plan will exceed the City’s noise thresholds at various locations, but particularly in areas adjacent to heavily traveled roadways (see Master EIR Table V-3-9, pages V-3-28 through V-3-31.

Effect: New noise-generating land uses could produce noise levels that would exceed the City’s noise thresholds of acceptability at sensitive receptors in the vicinity.

Effect: Construction noise would cause a temporary or periodic increase in noise exposure above ambient noise levels.

Effect: Demolition and construction activities may expose people to excessive vibration levels.

Cumulative Impacts
Effect: Traffic from development in the City of Modesto would, when combined with traffic from new development in the County and other cities, contribute to a cumulative increase in roadside noise levels on major roads and highways throughout Stanislaus County. b. Urban Area General Plan Mitigating Policies Applied to the Project Noise policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-3-18 through V-3-24 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate policies to be applied to this project include Noise-4 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-3.B of the Master EIR discloses noise impacts resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project -specific effect not analyzed in the Master EIR.

Significance Criteria: Determination of the proposed project’s effects are based on the following thresholds. Project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

3. NOISE AND VIBRATION
#28..
- 908 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 13 January 22, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
1) The proposed project is inconsistent with Urban
Area General Plan noise and vibration policies and
standards.
2) The proposed project would generate excessive
ground-borne noise and/or vibration levels.
3) The proposed project would result in a
permanent increase of 3 dBA where any other noise
threshold or standard would be exceeded, and/or 5
dBA where noise levels would otherwise fall within
acceptable limits, in ambient noise levels in the
project vicinity above levels existing without the
project.
4) The proposed project would result in a
substantial temporary or periodic increase in
ambient noise levels existing without the project.
5) For a project located within an airport land use
plan, or where such a plan has not been adopted,
within two (2) miles of a public airport or public use
airport, the proposed project would result in
exposure of people residing or working in the
project area to excessive noise levels.
6) For a project within the vicinity of a private
airstrip, the proposed project would expose people
residing or working in the project area to excessive
noise levels.
7) For new residential development within 200 feet
of active rail lines, the proposed project would
result in noise levels generated during train passbys
that exceed 50 dBA Lmax inside bedrooms or 55 dBA
Lmax inside other occupied areas.

Discussion:
(1) The project would not be inconsistent with Urban Area General Plan noise and vibration policies and standards.
(2-4) The project would not result in a permanent increase in ambient noise. The project involves food truck manufacturing/repair services and associated commercial uses but the manufacturing building is approximately 200-feet from the residential properties to the west. The commissary and food truck parking area is approximately 40-feet from the residential properties to the west.

While access to the food truck parking area will be 24 hours, the hours of the commissary kitchen are to be 7:00am – 5:00pm with the peak hours expected to be 7:00am to 10:00am.

Noise is not likely to be an issue from generators as not all food trucks will have generators and since there will be ample access to power outlets, trucks with generators are unlikely to be used on site. The proposed uses will be required to adhere to noise regulations as defined in Title 4 #28..
- 909 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 14 January 22, 2022 Chapter 9 of the MMC. Overall, primary sources of noise would be construction related, temporary and less than significant.
(5-6) The site is not located within an airport land use plan, nor is in the vicinity of a private airstrip. (7) The site is not located near an active railroad line.

4. EFFECTS ON AGRICULTURAL LANDS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on agricultural lands expected after application of mitigating policies.

Direct Impacts
Effect: Development consistent with the Urban Area General Plan may convert up to approximately 10,500 acres of farmland in various categories in the Planned Urbanizing Area to urban uses.

Effect: Approximately 1,100 acres of urban development along a 350-foot wide 26-mile boundary between urban and agricultural uses could be affected by continued agricultural operations, including noise, dust, and chemical overspray or drift.

Cumulative Impacts
Effect: Growth within Modesto’s planning area would contribute considerably to the loss of agricultural land within Stanislaus County, accounting for the conversion of as much as approximately 10,500 acres of farmland in various categories in the Planned Urbanizing Area to 2040. b. Urban Area General Plan Mitigating Policies Pertinent to the Project Agricultural land-related mitigating policies pertinent to the proposed project are found on pages V-4- 4 to and V-4-8 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-4.B of the Master EIR discloses the impacts resulting from the implementation of the Urban Area General Plan on agricultural lands. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect(s) not previously analyzed in the Master EIR. #28..
- 910 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 15 January 22, 2022 Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

4. EFFECTS ON AGRICULTURAL RESOURCES
1) The proposed project would be inconsistent with
the Urban Area General Plan policies relating to
agricultural resources.
2) The proposed project would convert areas of
Prime Farmland, Unique Farmland or Farmland of
Statewide Importance to non-agricultural uses,
impair the agricultural productivity of prime
agricultural land, or result in substantial pesticide
overspray, dust, or noise at urban uses.
3) The proposed project would conflict with existing
zoning for agricultural use, or with a Williamson Act
contract.
4) The proposed project would conflict with existing
zoning for, or cause rezoning of, forest land or
timberland.
5) The proposed project would result in the loss of
forest land or conversion of forest land to nonforest use. 6) The proposed project would involve other
changes to the environment that could result in
conversion of farmland or forest land.

Discussion:
(1) The project area is located within the Baseline Urbanized Area of the City’s General Plan and is currently zoned for commercial uses. The project would not be inconsistent with the Buran Area General Plan policies relating to agricultural resources. (2) The project would not convert areas of Prime Farmland, Unique Farmland or Farmland of Statewide Importance. The site is within an urbanized area designated as Urban and Built-Up Land by the CA Department of Conservation.
(3) The project would not conflict with existing zoning for an agricultural use. The site is zoned for commercial uses and is not under a Williamson Act contract. (4-6) The site is not located within or near any forest land or timber land, nor would contribute to the conversion of forest land or farmland.

5. INCREASED DEMAND FOR LONG-TERM WATER SUPPLIES
#28..
- 911 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 16 January 22, 2022 a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on long-term water supplies expected after application of mitigating policies.

Direct Impacts
Effect: Implementation of the Urban Area General Plan could substantially deplete groundwater supply or interfere with recharge.

Effect: Implementation of the Urban Area General Plan could necessitate construction of new water treatment facilities, or expansion of existing facilities, the construction of which could cause significant environmental effects.

Effect: Implementation of the Urban Area General Plan could necessitate expansion of existing water supply entitlements.

Cumulative Impacts
Effect: Groundwater withdrawals from both subbasins by the City, when combined with other users’ withdrawals, may result in overdrafting.

Effect: Cumulative impacts resulting from construction of new water treatment facilities, or expansion of existing facilities, could cause significant environmental effects. b. Urban Area General Plan Mitigating Policies Applied to the Project Water supply-related mitigating policies pertinent to the proposed project are found on pages V-5-11 through V-5-16 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-5.B of the Master EIR discloses impacts on long-term water supplies resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

5. EFFECTS RELATIVE TO INCREASED
#28..
- 912 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 17 January 22, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

DEMAND FOR LONG TERM WATER SUPPLIES
1) The proposed project is inconsistent with the
Urban Area General Plan policies relating to water
supply.
2) The proposed project would substantially deplete
groundwater supply, interfere with groundwater
recharge, result in water demand exceeds the
capacity for recharge or that would contribute to
overdraft of the groundwater basins.
3) The proposed project would require or result in
the construction of new water treatment facilities or
expansion of existing facilities, the construction of
which could cause significant environmental effects.
4) The proposed project would exceed existing
water supply entitlements or require expansion of
entitlements.

Discussion:
(1) The project would not be inconsistent with the Urban Area General Plan policies relating to water supply.
(2) The project involves development of a commissary with food truck parking and manufacturing/repair services, with storm water handling to be therefore the use would not substantially deplete groundwater supply or substantially interfere with groundwater recharge. (3) The project would not require construction of new water treatment facilities. (4) The project would not exceed existing water supply entitlements or require expansion of entitlements. Water service to the site is provided by the City of Modesto.

6. INCREASED DEMAND FOR SANITARY SEWER SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on sanitary sewer services after application of mitigating policies.

Direct Impacts
Effect: Development resulting from implementation of the Urban Area General Plan may result in exceedance of wastewater treatment requirements of the Central Valley RWQCB. #28..
- 913 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 18 January 22, 2022 Effect: Development resulting from implementation of the Urban Area General Plan may require or result in construction of new wastewater facilities, or the expansion of existing facilities, that could cause significant effects.

Effect: Development resulting from implementation of the Urban Area General Plan may result in a finding that the wastewater treatment facilities do not have adequate capacity to serve the projected demand in addition to the provider’s existing commitments.

Cumulative Impacts
Effect: Development resulting from implementation of the Urban Area General Plan may result in cumulative effects similar to those described under “direct Impacts,” above. b. Urban Area General Plan Mitigating Policies Applied to the Project Sewer service-related mitigating policies that are relevant to the proposed project are found on pages V-6-3 through V-6-7 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-6.B of the Master EIR discloses impacts on the Increased Demand for Sanitary Sewer Service resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

6. INCREASED DEMAND FOR SANITARY

SEWER SERVICES
1) The proposed project is inconsistent with
wastewater policies in the Urban Area General Plan,
or would exceed wastewater treatment
requirements of the Central Valley RWQCB.
2) The proposed project would require or result in
the construction of new wastewater facilities or the
expansion of existing facilities, beyond those
identified improvements needed to serve the
proposed project, which would cause significant
#28..
- 914 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 19 January 22, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
effects.
3) The proposed project would result in a finding
that the wastewater treatment facilities do not have
adequate capacity to serve the proposed project’s
projected demand in addition to the provider’s
existing commitments.

Discussion:
(1) The project involves the development of a commissary with food truck manufacturing/repair services in addition to commercial uses. The project would not exceed wastewater treatment requirements of the Central Valley RWQCB.
(2) The project would not require the construction of new wastewater facilities or the expansion of existing facilities. The site is served by existing sewer lines. (3) The project would not result in a finding that the wastewater treatment facilities do not have adequate capacity to serve the site. The site is served by existing sewer lines.

7. LOSS OF SENSITIVE WILDLIFE AND PLANT HABITAT
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on sensitive wildlife and plant habitat expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant impacts on sensitive wildlife and plan habitat are expected to occur with the application of the policies contained in the Urban Area General Plan.

Cumulative Impacts
Effect: Implementation of the Urban Area General Plan will contribute to the cumulative impact of habitat loss in the San Joaquin Valley. Requiring increased density / intensity for new development than has occurred in the past, or that is expected in the future, would minimize the City’s contribution to the cumulative loss of habitat. Nonetheless, this is a significant and unavoidable impact. b. Urban Area General Plan Mitigating Policies Applied to the Project Wildlife and plant habitat-related mitigating policies that are pertinent to the proposed project are found on pages V-7-18 through V-7-25 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
#28..
- 915 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 20 January 22, 2022 Discussion:

The applicable mitigating policies to be applied to this project include none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-7.B of the Master EIR discloses impacts on the Loss of Sensitive Wildlife and Plant Habitat resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

7. LOSS OF PLANT AND WILDLIFE HABITAT
1) The proposed project is inconsistent with the
Urban Area General Plan policies related to loss of
sensitive plant and wildlife habitat.
2) The proposed project would have a substantial
adverse effect, either directly or through habitat
modifications, on any species identified as a
candidate, sensitive or special-status species in local or regional plans, policies or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife service.
3) The proposed project would have a substantial
adverse effect on any riparian habitat or other
sensitive natural community identified in local or
regional plans, policies or regulations, or by the
California Department of Fish and Game or U.S. Fish
and Wildlife service.
4) The proposed project would have a substantial
adverse effect on federally-protected wetlands as
defined by Section 404 of the Clean Water Act
(including, but not limited to, marshes, vernal pools,
coastal wetlands, etc.) through direct removal,
filling, hydrological interruption or other means.
5) The proposed project would interfere
substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife
nursery sites.
6) The proposed project would conflict with any
#28..
- 916 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 21 January 22, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
local policies or ordinances protecting biological
resources, such as a tree preservation policy or
ordinance.
7) The proposed project would conflict with the
provisions of an adopted habitat conservation plan,
natural community conservation plan, or other
approved local, regional, or state habitat
conservation plan.

Discussion:
(1) The project involves the development of a commissary with food truck manufacturing/repair services in addition to commercial uses. The site is substantially surrounded by existing commercial, residential and industrial uses. The project would not be inconsistent with General Plan policies related to wildlife and plant habitat.
(2-5) The project site is located within the Baseline Developed Area of the City and is therefore completely surrounded by developed urban area consisting of industrial and commercial uses.

It is not a biologically sensitive site as defined by Figure V-7-1 of the MEIR. The California Department of Fish and Game and the U.S. Fish and Wildlife Service were consulted in the production of the MEIR.
(6-7) The project is not in conflict with any local policies or ordinances protecting biological resources, nor is in conflict with any adopted habitat conservation plan. The city does not have a heritage tree ordinance.

8. DISTURBANCE OF ARCHAEOLOGICAL / HISTORICAL SITES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on archaeological / historical sites expected after application of mitigating policies.

Direct Impacts
Effect: Modification resulting in a substantial adverse change in the significance of a historically relevant resource, or the demolition of a listed or eligible historically relevant resource.

Cumulative Impacts
Effect: No additional cumulative impacts were disclosed in the Master EIR. The Direct impact described above could also result in a significant cumulative impact. b. Urban Area General Plan Mitigating Policies Applied to the Project #28..
- 917 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 22 January 22, 2022 Archaeological or historic resource-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on page V-8-16 through V-8-25 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:

The applicable mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-8.B of the Master EIR discloses impacts on archaeological / historical resources resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in any new, significant, project-specific effect(s) not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

8. ARCHAEOLOGICAL / HISTORICAL SITES
1) The proposed project is inconsistent with the
Urban Area General Plan archaeological / historical
resource policies.
2) The proposed project would result in a
modification that would result in a substantial
adverse change in the significance of the resource
or demolition of a listed or eligible historic resource. 3) The proposed project would have an adverse
effect on any structure more than 50 years old that
has been determined to have historical significance
per policy AH-8 as shown in the Master EIR.
4) The proposed project would involve the removal
of known significant resources.
5) The proposed project would result in an adverse
impact to undiscovered archaeological and/or
paleontological resources.
6) The proposed project would cause a substantial
adverse change to a tribal cultural resource, as
defined by State law, that is listed (or is eligible for listing) in the California Register of Historical
Resources (or a local register of historical
resources), or that otherwise has potential
significance to a California Native American Tribe,
#28..
- 918 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 23 January 22, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
including human remains.

Discussion:
(1) The site is vacant undeveloped land previously entitled for commercial uses; the proposed new use would include commissary with food truck parking and manufacturing/repair services. The project would not be inconsistent with General Plan policies pertaining to archaeological or historic resources.
(2-4) The site is vacant undeveloped land that has no value as a historical resource. There are no structures on the site.
(5-6) The site is vacant undeveloped land that is substantially surrounded by existing commercial, industrial and residential uses. The site is not classified as being of state or federal historic status nor is eligible for listing for such status.

9. INCREASED DEMAND FOR STORM DRAINAGE
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on storm drainage expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: Existing drainage inadequacies, combined with the associated increase in impervious surface areas created by pavement and structures, have the potential to increase the rate or amount of runoff in a manner that could result in flooding in the urban area. Cumulative hydrologic impacts of storm water flows from Modesto’s urban areas and other areas of the County could occur due to the fixed capacity of MID and TID irrigation canals to convey drainage west to the San Joaquin River. If drainage channels in some areas prove insufficient to handle the increased drainage discharges, existing storm water runoff from urban and agricultural areas during large storm events would have to be interrupted until water levels receded to a point allowing the resumption of discharges to the channel. Ceasing discharges to drainage channels could cause inundation in and around the drainage conveyance pipeline systems, surface drainage channels, detention basins, and other urban areas. This cumulative impact is considered significant and unavoidable.
b. Urban Area General Plan Mitigating Policies Applied to the Project Storm Drainage-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-9-4 through V-9-8. All mitigating policies appropriate to the project will be #28..
- 919 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 24 January 22, 2022 incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: SD-10, SD-12, SD-13 and SD15 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level. c. Project-Specific Effects
Section V-9.B of the MASTER EIR discloses impacts on the demand for storm drainage resulting from development of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

9. INCREASED DEMAND FOR STORM

DRAINAGE
1) The proposed project is inconsistent with the
Urban Area General Plan storm drainage policies.
2) The proposed project would substantially
increase the rate or amount of surface runoff in a
manner that would result in on- or off-site flooding.
3) The proposed project would create or contribute
runoff water that would exceed the capacity of
existing or planned storm drainage systems or
provide substantial additional sources of polluted
runoff.

Discussion:
(1) The project would not be inconsistent with the Urban Area General Plan storm drainage policies. (2) The project is vacant undeveloped land that is surrounded by existing commercial, industrial and residential uses. The project would be required to retain and treat storm water runoff on site per current City of Modesto standards.
(3) The project will be required to utilize low impact strategies and meet the standards contained in the most current edition of the City of Modesto Guidance Manual for Development, Stormwater Quality Measures. This requirement will be implemented as part of the building permit process.

10. FLOODING AND WATER QUALITY
#28..
- 920 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 25 January 22, 2022 a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on flooding and water quality expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Flooding and Water Quality-related mitigating policies that are pertinent to the project being analyzed in this Initial Study are found on pages V-10-7 through V-10-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:

The appropriate mitigating policies to be applied to this project include: FWQ-11, FWQ-13, FWQ-14 and FWQ-16 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level. c. Project-Specific Effects
Section V-10.B of the Master EIR provides analysis of Flooding and Water Quality impacts of development of the General Plan, the following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not previously analyzed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

10. FLOODING AND WATER QUALITY
1) The proposed project is inconsistent with the
flooding and water quality policies in the Urban
Area General Plan.
2) The proposed project would place housing within
a 100-year flood hazard area.
3) The proposed project would place structures
within a 100-year floodplain as defined by FEMA.
4) The proposed project would expose people or
structures to a significant risk of loss, injury or
#28..
- 921 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 26 January 22, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
death including flooding as a result of the failure of
a levee or dam.
5) The proposed project would substantially alter
the existing drainage pattern of the site or area or
the course of a stream or river that would result in
flooding onsite or offsite.
6) The proposed project would violate water quality
standards, including groundwater standards
administered by the SWRCB’s DDW, standards for
surface water quality such as the NPDES or waste
discharge requirements.
7) The proposed project would substantially alter
the existing drainage pattern of the site or area or
the course of a stream or river in a manner that
would result in substantial erosion or siltation onsite or offsite.
8) The proposed project would create or contribute
runoff water that would provide substantial
additional sources of polluted runoff or substantially
increase the rate or amount of surface runoff in a
manner that would result in flooding onsite or
offsite.

Discussion:
(1) The proposed project would not be inconsistent with the flooding and water quality policies in the Urban Area General Plan.
(2-3) The project site is not within a 100-year flood hazard zone as established by the Federal Emergency Management Agency (FEMA) Flood Rate Insurance Map 06099C0551F dated August 24, 2021.
(4) The site is not in the vicinity of a levee or dam. The nearest waterway is the Tuolumne River approximately one mile to the northwest.
(5, 7) The project would not alter the existing drainage pattern of the site, area or a watercourse in a manner that would result in erosion or siltation.
(6) The project would not violate water quality standards. (8) The project would not increase the rate or amount of surface runoff.

11. INCREASED DEMAND FOR PARKS AND OPEN SPACE
a. Significant Effects Identified in the Master EIR
#28..
- 922 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 27 January 22, 2022 The Master EIR discloses the following residual significant and unavoidable impacts on parks and open space expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Parks and open space-related mitigating policies that are pertinent to the proposed project are found on pages V-11-2 through V-11-8 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

Significance Criteria: Determination of project effects will be based on the following thresholds.

Project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

11. INCREASED DEMAND FOR PARKS AND

OPEN SPACE
1) The proposed project is inconsistent with the
Urban Area General Plan parks and open space
policies.
2) The proposed project would eliminate parks or
open space.
3) The proposed project would not provide at least
three (3) total acres of parkland and open space per
1,000 people (one acre for neighborhood park
facilities; two acres for community park facilities).

Discussion:
#28..
- 923 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 28 January 22, 2022 (1) The project is consistent with the parks and open space policies in the General Plan. (2) The project would not eliminate an existing park or designated open space. The project is on a vacant site that is zoned for commercial uses.
(3) The project is commercial in nature and does not involve the development of residential uses that would be required to provide for additional park space.

12. INCREASED DEMAND FOR SCHOOLS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on school facilities expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR. By statute, the impact of new students is considered to be mitigated below a level of significance by payment of school impact fees and the exercise of any or all of the financing options set out in Government Code Section 65997.

Cumulative Impacts
Effect: Similar to direct impacts resulting from implementation of the Urban Area General Plan, no residual significant direct impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Mitigation relies upon the implementation of the policies in place under the Modesto Urban Area General Plan. As long these policies are applied to all subsequent projects, no new mitigation is necessary.

Further, payment of school impact fees and compliance with SB 50 is statutorily deemed to be full mitigation of school impacts (Government Code Section 65995).

Schools-related mitigating policies that are relevant to the proposed project can be found on pages V12-3 through V-12-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-12.B of the Master EIR discloses impacts resulting from implementation of the Urban Area General Plan associated with increased demand for schools. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.
#28..
- 924 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 29 January 22, 2022 Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

12. INCREASED DEMAND FOR SCHOOLS
1) The proposed project is inconsistent with Urban
Area General Plan school policies.
2) The proposed project would result in new
student population that exceeds the school system
capacity, or if the project conflicts with established
educational uses of the area, except to the limits
established under SB50 / Proposition 1A as
subsequently amended.

Discussion:
(1) The project is consistent with the polices relating to schools in the General Plan. (2) The project is commercial in nature and would not result in an increase in student population.

The project was referred to Modesto City Schools, who has not indicated any concerns with the project.

13. INCREASED DEMAND FOR POLICE SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on police services expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Police services-related mitigating policies that are pertinent to the proposed project are found on pages V-13-2 through V-13-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
#28..
- 925 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 30 January 22, 2022 Discussion:

The appropriate mitigation to be applied to this project includes none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-thansignificant level. c. Project-Specific Effects
Section V-13.B of the Master EIR discloses impacts on police services resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

13. INCREASED DEMAND FOR POLICE

SERVICES
1) The proposed project is inconsistent with Urban
Area General Plan policies relating to police service.
2) The proposed project would result in
development occurring in an area(s) that cannot be
adequately served by existing or budgeted police
personnel and facilities.

Discussion:
(1) The project would not be inconsistent with the policies relating to police services in the General Plan.
(2) The project is commercial in nature, to be utilized as a commercial center with commissary and food truck parking and manufacturing/repair services as an accessory use, and the area is currently served by the Modesto Police Department.

14. INCREASED DEMAND FOR FIRE SERVICES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on fire services expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
#28..
- 926 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 31 January 22, 2022 Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Fire Services-related mitigating policies pertinent to the project being analyzed in this Initial Study are found on pages V-14-3 through V-14-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

14. INCREASED DEMAND FOR FIRE

SERVICES
1) The proposed project is inconsistent with Urban
Area General Plan policies relating to fire service.
2) The proposed project would result in any
substantial adverse impact(s) associated with the
need for – and/or provision of – new or physically
altered fire service facilities, the construction of
which could cause significant environmental
impacts, in order to maintain acceptable response
times.

Discussion:
(1) The project would not be inconsistent with the policies relating to fire services in the General Plan.
(2) The project is commercial in nature and the area is currently served by the Modesto Fire Department, who indicated no concerns with the project.

15. GENERATION OF SOLID WASTE
#28..
- 927 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 32 January 22, 2022 a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on solid waste expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Solid waste-related mitigating policies that are pertinent to the proposed project are found on pages V15-4 through V-15-5 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

Significance Criteria: Determination of project effects will be based on the following thresholds.

Project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

15. GENERATION OF SOLID WASTE
1) The project is inconsistent with the solid waste
policies in the Urban Area General Plan.
2) The project would result in solid waste
generation that exceeds the projected capacity of
existing landfills and waste-reduction facilities, or if it would result in non-compliance with any federal,
state or local statutes or regulations related to solid waste.

Discussion:
#28..
- 928 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 33 January 22, 2022 (1) The project would not be inconsistent with the solid waste policies in the Urban Area General Plan.
(2) The project would not exceed the projected capacity of existing landfills or result in noncompliance with any federal, state or local statutes or regulations related to solid waste.

16. GENERATION OF HAZARDOUS MATERIALS
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts regarding hazardous materials expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Hazardous materials-related mitigating policies that are pertinent to the proposed project are found on pages V-16-5 through V-16-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: HM-5 and HM-8 from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a less-than-significant level.
c. Project-Specific Effects
Section V-16.B of the Master EIR discloses impacts on hazardous materials resulting from implementation of the Urban Area General Plan. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR.

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

16. HAZARDS AND HAZARDOUS MATERIALS
#28..
- 929 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 34 January 22, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
1) The proposed project is inconsistent with the
Urban Area General Plan hazards and hazardous
materials policies.
2) The proposed project would create a significant
hazard to the public or the environment through the
routine transport, use or disposal of hazardous
materials, or through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment.
3) The proposed project would result in hazardous
materials emissions or handle hazardous materials,
substances, or waste within one-quarter mile of an
existing or proposed school.
4) The proposed project would be located on a site
that is included on a list of hazardous materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would create a significant
hazard to the public or environment.
5) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two (2) miles of a public airport or public use
airport, would result in a safety hazard for people
residing or working in the project area.
6) For a project within the vicinity of a private
airstrip, a safety hazard would result for people
residing or working in the project area.
7) The proposed project would impair
implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan.
8) The proposed project would expose people or
structures to a significant risk of loss, injury or
death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands.

Discussion:
(1) The project would not be inconsistent with the hazardous materials policies in the General Plan. (2-3) No hazardous materials will be involved with this project. The site is not within a quarter-mile of a school.
#28..
- 930 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 35 January 22, 2022 (4) The site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and as a result, would not create a significant hazard to the public or the environment.
(5-6) The site is not within an airport land use plan nor in the vicinity of any airports or private airfields. (7) The project would not interfere with an adopted emergency response or evacuation plan. (8) The project site is not located near any wildland areas nor is at risk for wildland fire.

17. GEOLOGY, SOILS, AND MINERAL RESOURCES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts related to geology, soils, and mineral resources expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project Geology, soils, and mineral resource-related mitigating policies that are pertinent to the proposed project are found on pages V-17-7 through V-17-10 of the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.” Discussion:

Significance Criteria: Determination of project effects will be based on the following thresholds.

Project-specific effects will be less than significant unless:
#28..
- 931 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 36 January 22, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

17. GEOLOGY, SOILS, AND MINERAL

RESOURCES
1) The project is inconsistent with policies relating
to geology, soils, and mineral resources contained
in the Urban Area General Plan.
2) The proposed project would expose people or
structures to potential substantial adverse effects
including: the risk of loss, injury, or death involving fault rupture, strong seismic activity; location on an
expansive soil; loss of topsoil; or, result in the loss of availability of known mineral resources that
would be of value to the region and the state.

Discussion:
(1) The project would not be inconsistent with policies relating to geology, soils, and mineral resources in the General Plan.
(2) The project would not be located on soil that is unstable, or that would become unstable as a result of the project. There are no known mineral resources of value to the region and the state on the property.

18. ENERGY
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts pertaining to energy expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project The following energy-related mitigating policies that are pertinent to the proposed project are found on pages V-18-2 and V-18-3 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
#28..
- 932 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 37 January 22, 2022 Discussion:

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

18. ENERGY
1) The proposed project is inconsistent with policies
relating to energy in the Urban Area General Plan.
2) The proposed project would result in energy
consumption during construction, operation,
maintenance, or removal that is more wasteful,
inefficient, and unnecessary than assumed in the
Urban Area General Plan.

Discussion:
(1) The project would not be inconsistent with the energy policies in the General Plan. (2) The project would not result in energy consumption during construction, operation, maintenance or removal that is more wasteful, inefficient and unnecessary than assumed in the General Plan.

19. EFFECTS ON VISUAL RESOURCES
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts on visual resources expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
#28..
- 933 -
PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 38 January 22, 2022 Effect: No additional cumulative impacts were disclosed in the Master EIR. b. Urban Area General Plan Mitigating Policies Applied to the Project The following visual resources-related mitigating policies pertinent to the proposed project are found on pages V-19-2 and V-19-3 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

19. VISUAL RESOURCES
1) The proposed project is inconsistent with the
Urban Area General Plan visual resource policies.
2) The proposed project would have a substantial
adverse effect on a scenic vista.
3) The proposed project would substantially
damage scenic resources, including trees, rock
outcrops, and/or historic buildings along a state
scenic highway.
4) The proposed project would substantially
degrade the existing visual character or quality of
the site and its surroundings.
5) The proposed project would create a new source
of substantial light or glare that would adversely
affect daytime or nighttime views.
6) The proposed project would substantially
degrade views from riverside areas and parks.
7) The proposed project would substantially
degrade views of riverside areas from public
roadways and/or nearby properties.
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 39 January 22, 2022 Discussion:
(1) The project would not be inconsistent with the policies relating the visual resources in the General Plan.
(2) The project would not have an adverse impact on a scenic vista. The site is located within the Baseline Urbanized Area of the City and is surrounded by urban uses. (3-4) The project would not impact scenic resources, nor degrade the existing visual character or quality of the site and its surroundings.
(5) The project would not cause substantial light or glare. (6) The project would not impact views from riverside areas and parks. The nearest riverside area or park is the Tuolumne River, approximately one mile to the northwest. (7) The project would not impact views of riverside areas from roadways or nearby properties.

20. LAND USE AND PLANNING
a. Significant Effects Identified in the Master EIR
The Master EIR discloses the following residual significant and unavoidable impacts pertaining to land use and planning expected after application of mitigating policies.

Direct Impacts
Effect: No residual significant direct impacts were disclosed in the Master EIR.

Cumulative Impacts
Effect: No residual significant cumulative impacts were disclosed in the Master EIR. b. Master EIR and/or New Mitigation Measures Applied to the Project The following land use and planning-related mitigating policies pertinent to the proposed project are found on pages V-20-5 through V-20-12 in the Master EIR. All mitigating policies appropriate to the project will be incorporated into or made conditions of approval of this project and are listed in Section V, “Mitigating Policies Applied to Project.”
Discussion:

The appropriate mitigating policies to be applied to this project include: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. c. Project-Specific Effects
Section V-20.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on land use and planning. The following is an analysis of whether the proposed project would result in a new, significant, project-specific effect not disclosed in the Master EIR. #28..
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 40 January 22, 2022 Significance Criteria: Determination of project effects will be based on the following thresholds. The project-specific effects will be less than significant unless:

Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact

20. LAND USE AND PLANNING
1) The proposed project is inconsistent the Urban
Area General Plan land use and planning policies.
2) The proposed project contains elements that
would physically divide an established community in
a way not assumed in the Urban Area General Plan.
3) The proposed project conflicts with a land use
plan, policy or regulation established for the
purpose of avoiding or mitigating an environmental
impact by an agency that has jurisdiction over the
proposed project.
4) The proposed project conflicts with an applicable
habitat conservation plan or natural community
conservation plan.

Discussion:
(1) The project site is designated as Commercial (C) in the General Plan, and the proposed uses of commissary with food truck parking and manufacturing/repair services and commercial uses are consistent with the Land Use designation. Food truck manufacturing/repair services are an accessory use to the proposed commercial uses. Therefore, the project is consistent with land use and planning policies in the General Plan.
(2) The project would not divide an established community. The surrounding area is developed with commercial, industrial and residential uses.
(3) The project does not conflict with the land use plan, policies and regulations of the City of Modesto designed to mitigate project impacts.
(4) The project does not conflict with applicable habitat conservation plans or natural community conservation plans.

V. APPLICABLE URBAN AREA GENERAL PLAN MITIGATING POLICIES If the Initial Study results in the determination that a Finding of Conformance can be adopted for the proposed project, then Section A, below, applies. If the Initial Study results in the determination that a Finding of Conformance cannot be adopted and a Mitigated Negative Declaration or Focused EIR must be prepared for the project, then Section B, below, applies. #28..
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 41 January 22, 2022 A. Urban Area General Plan Mitigating Policies Applied to the Project Pursuant to Public Resources Code Section 21157.1(c), in order for a Finding of Conformance to be made, all appropriate mitigating policies from the Master EIR shall be incorporated into the proposed project. Urban Area General Plan Policies that mitigate impacts shall be made part of the proposed project prior to approval by means of conditions of project approval or incorporation into the appropriate document or plan. All applicable and appropriate mitigating policies have been applied to the project (listed below).

B. New or Additional Mitigation Measures or Alternatives Required Where the project’s effects would exceed the significance criteria for each environmental impact category, a mitigated negative declaration or Focused EIR must be prepared. Staff has reviewed the project against the significance criteria thresholds established in the Master EIR for all impact categories in this Initial Study.

A Mitigated Negative Declaration or Focused EIR shall be prepared for the project. The following additional project-specific mitigation measures listed below are necessary to reduce the identified new significant effect: none.

Traffic and Circulation:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category. Traffic study(ies) may be required for any given project(s).

Air Quality and Greenhouse Gases:

AQ-100. Reduce particulate emissions from construction, grading, excavation, and demolition to the maximum extent feasible in accordance with the requirements of SJVAPCD Regulation VIII.

Regulation VIII was adopted to reduce the amount of particulate matter suspended in the atmosphere as a result of emissions generated from anthropogenic (man-made) fugitive dust sources. (Policy VII.H.2.jj)
AQ-101. Require all access roads, driveways, and parking areas serving new commercial and industrial development to be constructed with materials that minimize particulate emissions in accordance with the requirements of SJVAPCD Regulation VIII and are appropriate to the scale and intensity of use. (Policy VII.H.2.kk)
AQ-103. Effectively stabilize dust emissions using water, chemical stabilizer / suppressant, cover with a tarp or other suitable cover or vegetative ground cover, all disturbed areas, including storage piles, which are not being actively utilized for construction purposes. (Policy VII.H.2.mm) AQ-104. Effectively stabilize dust emissions using water or chemical stabilizer / suppressant, all onsite unpaved roads and off-site unpaved access roads. (Policy VII.H.2.nn) AQ-105. Effectively control fugitive dust emissions utilizing application of water or by presoaking all land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities. (Policy VII.H.2.oo)
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 42 January 22, 2022 AQ-107. When materials are transported off site, cover all materials, or effectively wet them to limit visible dust emissions, and maintain at least six inches of freeboard from top of container. (Policy VII.H.2.qq)
AQ-108. Limit operations or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) (Policy VII.H.2.rr) AQ-109. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, effectively stabilize said piles for fugitive dust emissions utilizing sufficient water or chemical stabilizer / suppressant. (Policy VII.H.2.ss) AQ-110. Within urban areas, immediately remove trackout when it extends 50 or more feet from the site and at the end of each workday. (Policy VII.H.2.tt) AQ-111. Prevent carryout and trackout for any site with 150 or more vehicle trips per day. (Policy VII.H.2.uu)
AQ-112. Limit traffic speeds on unpaved roads to 15 mph. (Policy VII.H.2.vv) AQ-113. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent (1%). (Policy VII.H.2.ww) AQ-114. Install wheel washers for all exiting trucks, or wash all trucks and equipment leaving the site. (Policy VII.H.2.xx)
AQ-115. Install wind breaks at windward side(s) of construction areas. (Policy VII.H.2.yy) AQ-116. Suspend excavation and grading activity when winds exceed 20 mph (regardless of windspeed, an owner/operator must comply with Regulation VIII’s 20 percent opacity limit). (Policy VII.H.2.zz)
AQ-117. Limit the area subject to excavation, grading, and other construction activity at any one time. (Policy VII.H.2.aaa)
Generation of Noise and Vibration:

Noise-4. Implement noise-reducing construction practices as conditions of approval where substantial construction-related noise impacts would be likely to occur, such as with extended periods of pile driving, or where construction is expected to continue or where sensitive receptors would be affected by construction noise. Conditions of approval may include, but are not limited to:
◦ Require construction equipment, including air compressors and pneumatic equipment to have properly maintained mufflers;
◦ Require impact tools to be equipped with shrouds or shields; ◦ Require that the quietest equipment available be used; and, ◦ Require selection of haul routes that affect the fewest number of people. (Policy VII-G.3.b) Effects on Agricultural Lands:

N/A
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 43 January 22, 2022 Increased Demand for Long-Term Water Supplies:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category. Water studies / analyses may be required depending on the scope or location of the proposed development project.

Increased Demand for Sanitary Sewer Services:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category. Sanitary sewage generation and/or capacity studies may be required depending on the scope or location of the proposed development project.

Loss of Sensitive Wildlife and Plant Habitat:

SWPH-11. For proposed development consistent with the adopted Urban Area General Plan on lands within the Baseline Developed Area and Downtown, exclusive of lands within the Dry Creek and Tuolumne River Comprehensive Planning Districts, an assessment of whether any potential habitat for special-status species is present within proposed development areas shall be made. No further biological study is warranted unless habitat is present or if specific information concerning the known or potential presence of significant biological resources is identified in future updates of the California Natural Diversity Database, or through formal or informal input received from resource agencies or other qualified sources (Policy VII-E.2[a]).
(Check the MEIR for required species-specific surveys – mostly applicable in the PUA and around the periphery of the City’s urbanized / developed area.)
Disturbance of Archaeological / Historic Sites:

N/A
Increased Demand for Storm Drainage:

SD-10. Construction activities shall comply with the requirements of the City’s Stormwater Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. (Policy VI.G.3)
SD-12. Ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New Development Stormwater Quality Control Measures. (Policy VI.G.5)
SD-13. Require new development to implement an appropriate selection of permanent pollution control measures in accordance with the City’s implementation policies for the municipal NPDES stormwater permit. (Policy VI.G.6)
SD-15. Integrate Low Impact Development principles into proposed development projects’ design.

Low Impact Development is a storm water management and land development strategy that promotes conservation and use of natural on-site features combined with engineered small-scale hydrologic devices. In designing development projects, minimize the amount of impervious surface in order to maximize on-site infiltration of stormwater runoff and minimize the potential for storm water runoff from the site. (Policy VI.G.8)
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 44 January 22, 2022 Flooding and Water Quality:

FWQ-11. Construction activities shall comply with the requirements of the City’s Storm Water Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. (Policy VI.G.3)
FWQ-13. Ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New Development Stormwater Quality Control Measures. (Policy VI.G.5)
FWQ-14. Require new development to implement an appropriate selection of permanent pollution control measures in accordance with the City’s implementation policies for the municipal NPDES stormwater permit. (Policy VI.G.6)
FWQ-16. Integrate Low Impact Development principles into proposed development projects’ design.

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.

Increased Demand for Schools:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.

Increased Demand for Police Services:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.

Increased Demand for Fire Services:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.

Generation of Solid Waste:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.

Generation of Hazardous Materials:

HM-5. In the event that site inspection or construction activities uncover chemical contamination, underground storage tanks, abandoned drums, or other hazardous materials or wastes at a parcel, the inspection report preparer shall so notify the City. The City shall notify the County Health #28..
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PDA-21-004— Initial Study EA No. 2022-17
City of Modesto General Plan Master EIR 45 January 22, 2022 Services Department. Under the direction of these agencies, a site remediation plan would be prepared by the project applicant.

The plan would (1) specify measures to be taken to protect workers and the public from exposure to potential site hazards and (2) certify that the proposed remediation measures would clean up the wastes, dispose the wastes, and protect public health in accordance with federal, state, and local requirements. Permitting or work in the areas of potential hazard shall not proceed until the site remediation plan is on file with the City.

If a parcel is found to be contaminated to a level that prohibits the proposed use, the potential for reduction of the hazard should be evaluated. Site remediation is theoretically capable of removing hazards to levels sufficiently low to allow any use at the site. In practice, both the technical feasibility of the remediation and its cost (financial feasibility) should be evaluated in order to determine the overall feasibility of locating a specific use on a specific site. In some cases, it may require restriction to industrial use or a use that involves complete paving and covering of the parcel.

In accordance with OSHA requirements, any activity performed at a contaminated site shall be preceded by preparation of a separate site health and safety plan (prepared by the project applicant and filed with the City) for the protection of workers and the public. All reports, plans, and other documentation shall be added to the administrative record. (Policy VI.M.3) HM-8. Applicants for building permits should determine that a site containing or formerly containing residences or farm buildings / structures has been fully investigated for the presence of hazardous materials or wastes prior to issuance of the permit. Investigation should consist of, at minimum, a Phase I environmental site assessment and a Phase II site assessment, if found necessary as a result of the Phase I assessment. The findings of the site assessment should be reported to the City and the County’s Department of Environmental Resources. The appropriate remediation should occur prior to final occupancy of the approved development. (Policy VI.M.6) Geology, Soils, and Mineral Resources:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.

Energy:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.

Effects on Visual Resources:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.

Land Use and Planning:

There are no standard / typical examples of general plan policies that would mitigate project-specific impacts for this category.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 12, 2022
Date: June 15, 2022
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Master Property Tax Revenue Agreement with Stanislaus County CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider approving a Master Property Tax Revenue Agreement with Stanislaus County. (Funding Source: General Fund)
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:

Currently, distribution for property tax dollars in the State of California is the result of tax reform (Proposition 13 in 1978) and legislation (Assembly Bill (AB) 8 in 1979) required to rebalance revenue streams between the State and local governments. Proposition 13 and AB 8 established significant changes in how property tax rates are set and distributed to cities, counties, special districts, schools, and community colleges. The County Auditor-Controller is responsible for allocating property tax revenue to these entities according to law.

The City of Modesto receives approximately 9.6% of the total property tax allocations within the city. This is a net of a revenue shift sent to the Educational Revenue Augmentation Fund (ERAF). ERAF is redirected property tax revenue from cities, counties, and special districts to schools and colleges. ERAF is deposited into a countywide account and is allocated to schools and community colleges within the county to offset the funding these entities would receive from the State General Fund.

AB 8 established an uneven allocation of property tax between counties and cities in the State.

Stanislaus ranks 45 out of 58 counties when comparing the percentage of property tax retained by the county, and Stanislaus County cities rank 26 out of 58 counties on average. While Stanislaus County retains 12% in property tax, Merced County receives 22% and San Joaquin County receives 18%. The unequal distribution of property tax revenue created by AB 8 has established a significant disadvantage to the County and all local cities for over 40 years. #29..
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City Council, July 12, 2022
Master Property Tax Revenue Agreement with Stanislaus County

Page 2 of 4 ends

Modesto City CouncilJuly 12, 2022

Modesto City Council
July 12, 2022