Modesto City Council
August 9, 2022

MONITORING WELLS AND EXPLORATORY BORINGS
If the project involves the installation of monitoring wells and/or borings, the applicant must submit a current permit application for groundwater monitoring wells and exploratory borings to the Hazardous Materials Division (HMD) within DER. Please contact the DER to obtain guidance on this process. If the work will be conducted within the City of Modesto, then they are the lead agency for wells and/or borings and must be contacted for their requirements. #14..
- 747 -
1 Jacqueline Anne Markley
From: Jim Alves <[email protected]>
Sent: Tuesday, February 8, 2022 9:48 AM
To: Jacqueline Anne Markley
Subject: FW: Riverdale Park Tract Community Services District Water System Consolidation Project EXTERNAL: This email originated from outside SWCA. Please use caution when replying.

Jacqueline,
I received the email below. Thought I would forward to you before end of comment period. The Modesto Disposal landfill is on the north side of the Tuolumne River. Bonzi Landfill is just south of Riverdale Community and has been under a clean‐up effort for years. A contractor has been hired by the State to conduct some final site work, I think regarding the closeout of that remediation work.

I don’t know how these landfills are an issue for the project, only that they are in the area (seems to me).

Sent for your thoughts.

Regards,
Jim Alves
Associate Civil Engineer
Water Resources Engineering/Land Development Engineering City of Modesto, CA
Ph: 209‐571‐5557 or 209‐577‐5328
From: McCreary, Gavin@DTSC <[email protected]> Sent: Tuesday, February 8, 2022 9:13 AM
To: Jim Alves <[email protected]>
Subject: Riverdale Park Tract Community Services District Water System Consolidation Project Jim,
Good morning.  I just wanted to let you know that there are a couple landfill sites in the area of the subject project.

The first is the Modesto Disposal Services site.  It was referred to the Integrated Waste Management Board. https://www.envirostor.dtsc.ca.gov/public/profile_report?global_id=50490009 The second is Rudy Bonzi’s Sanitary Landfill.  It was referred to the Regional Water Quality Control Board. https://www.envirostor.dtsc.ca.gov/public/profile_report?global_id=50490008 Thank you.

Gavin McCreary
Project Manager
Site Evaluation and Remediation Unit
#14..
- 748 -
2 Department of Toxic Substances Control
8800 Cal Center Drive
Sacramento, CA 95826
(916)255‐3710
[email protected]
#14..
- 749 -
#14..
- 750 -
February 28, 2022
Jim Alves
City of Modesto
Utilities Department
1010 10th Street, Suite 4600
Modesto, CA 95354
Project: Initial Study and Mitigated Negative Declaration for the Riverdale Park Tract Community Services District (RPTCSD) Water System Consolidation Project
District CEQA Reference No: 20220095
Dear Mr. Alves:

The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the Initial Study and Mitigated Negative Declaration (IS/MND) referenced above from the City of Modesto (City). The project consists of the replacement of the RPTCSD water system in the Riverdale Park Tract neighborhood and the destruction of two existing wells (Project). The Project is located in unincorporated Stanislaus County in the sphere of influence of the incorporated city of Modesto.

The District offers the following comments:
1) Project Related Emissions
At the federal level under the National Ambient Air Quality Standards (NAAQS), the District is designated as extreme nonattainment for the 8-hour ozone standards and serious nonattainment for the particulate matter less than 2.5 microns in size (PM2.5) standards. At the state level under California Ambient Air Quality Standards (CAAQS), the District is designated as nonattainment for the 8-hour ozone, PM10, and PM2.5 standards.

Based on information provided to the District, Project specific annual emissions from construction and operation emissions of criteria pollutants are not expected to exceed any of the following District significance thresholds: 100 tons per year of carbon monoxide (CO), 10 tons per year of oxides of nitrogen (NOx), 10 tons per year of reactive organic gases (ROG), 27 tons per year of oxides of sulfur (SOx), 15 #14..
- 751 -
San Joaquin Valley Air Pollution Control District Page 2 District Reference No. 20220095
February 28, 2022
tons per year of particulate matter of 10 microns or less in size (PM10), or 15 tons per year of particulate matter of 2.5 microns or less in size (PM2.5). 1a) Construction Emissions
Project construction emissions are short-term and generated from activities such as use of diesel off-road equipment, and are not expected to exceed the District significance thresholds. To further lessen air quality impacts from constructionrelated diesel exhaust emissions, the District recommends the City consider incorporating the below measure into the Project.

Recommended Measure: To reduce impacts from construction-related diesel exhaust emissions, the Project should utilize clean off-road construction equipment, including the latest tier equipment as feasible. 2) District Rules and Regulation
The District issues permits for many types of air pollution sources and regulates some activities not requiring permits. A project subject to District rules and regulation would reduce its impacts on air quality through compliance with regulatory requirements. In general, a regulation is a collection of rules, each of which deals with a specific topic. For example, Regulation II - Permits encompasses multiple rules associated with the permitting of emission sources such as Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), and others. 2a) District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission.

District Rule 2010 requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 requires that new and modified stationary sources of emissions mitigate their emissions using best available control technology (BACT).

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits.

Prior to commencing construction on any permit-required equipment or process, a finalized ATC must be issued to the Project proponent by the District. For further information or assistance, the project proponent may contact the District’s Small Business Assistance (SBA) Office at (209) 557-6446. #14..
- 752 -
San Joaquin Valley Air Pollution Control District Page 3 District Reference No. 20220095
February 28, 2022
2b) District Rule 9510 (Indirect Source Review)
The purpose of District Rule 9510 (Indirect Source Review) is to reduce the growth in both NOx and PM10 emissions associated with development and transportation projects from mobile and area sources associated with construction and operation of development projects. The rule encourages clean air design elements to be incorporated into the development project. In case the proposed project clean air design elements are insufficient to meet the targeted emission reductions, the rule requires developers to pay a fee used to fund projects to achieve off-site emissions reductions.

The District has reviewed the information provided and determined that there is no construction of a new building, facility, or structure, or reconstruction of a building, facility, or structure for the purpose of increasing capacity or activity. Therefore, the project does not meet the definition of a "Development Project”, as defined in District Rule 9510 section 3.13, and District Rule 9510 requirements and related fees do not apply to the Project.
2c) District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at:
http://www.valleyair.org/busind/comply/asbestosbultn.htm. 2d) District Regulation VIII (Fugitive PM10 Prohibitions) The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm #14..
- 753 -
San Joaquin Valley Air Pollution Control District Page 4 District Reference No. 20220095
February 28, 2022
2e) Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

The list of rules above is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to this Project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District’s SBA Office at (209) 557-6446.
3) District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.

If you have any questions or require further information, please contact Diana Walker by e-mail at [email protected] or by phone at (559) 230-5820.

Sincerely,
Brian Clements
Director of Permit Services
For: Mark Montelongo
Program Manager
#14..
- 754 -
Central Valley Regional Water Quality Control Board
2 March 2022
Jim Alves
City of Modesto
1010 Tenth Street, Suite 4600
Modesto, CA 95354
[email protected]

COMMENTS TO REQUEST FOR REVIEW FOR THE MITIGATED NEGATIVE

DECLARATION, RIVERDALE PARK TRACT COMMUNITY SERVICES DISTRICT WATER SYSTEM CONSOLIDATION PROJECT, SCH#2022020003, STANISLAUS COUNTY
Pursuant to the State Clearinghouse’s 1 February 2022 request, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) has reviewed the Request for Review for the Mitigated Negative Declaration for the Riverdale Park Tract Community Services District Water System Consolidation Project, located in Stanislaus County.

Our agency is delegated with the responsibility of protecting the quality of surface and groundwaters of the state; therefore our comments will address concerns surrounding those issues.

I. Regulatory Setting
Basin Plan
The Central Valley Water Board is required to formulate and adopt Basin Plans for all areas within the Central Valley region under Section 13240 of the Porter-Cologne Water Quality Control Act. Each Basin Plan must contain water quality objectives to ensure the reasonable protection of beneficial uses, as well as a program of implementation for achieving water quality objectives with the Basin Plans. Federal regulations require each state to adopt water quality standards to protect the public health or welfare, enhance the quality of water and serve the purposes of the Clean Water Act. In California, the beneficial uses, water quality objectives, and the Antidegradation Policy are the State’s water quality standards. Water quality standards are also contained in the National Toxics Rule, 40 CFR Section 131.36, and the California Toxics Rule, 40 CFR Section 131.38.

The Basin Plan is subject to modification as necessary, considering applicable laws, policies, technologies, water quality conditions and priorities. The original Basin Plans were adopted in 1975, and have been updated and revised periodically as required, using Basin Plan amendments. Once the Central Valley Water Board has #14..
- 755 -
Riverdale Park Tract Community - 2 - 2 March 2022
Services District Water System
Consolidation Project
Stanislaus County
adopted a Basin Plan amendment in noticed public hearings, it must be approved by the State Water Resources Control Board (State Water Board), Office of Administrative Law (OAL) and in some cases, the United States Environmental Protection Agency (USEPA). Basin Plan amendments only become effective after they have been approved by the OAL and in some cases, the USEPA. Every three (3) years, a review of the Basin Plan is completed that assesses the appropriateness of existing standards and evaluates and prioritizes Basin Planning issues. For more information on the Water Quality Control Plan for the Sacramento and San Joaquin River Basins, please visit our website:
http://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/ Antidegradation Considerations
All wastewater discharges must comply with the Antidegradation Policy (State Water Board Resolution 68-16) and the Antidegradation Implementation Policy contained in the Basin Plan. The Antidegradation Implementation Policy is available on page 74 at:
https://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/sacsjr_2018

05.pdf
In part it states:

Any discharge of waste to high quality waters must apply best practicable treatment or control not only to prevent a condition of pollution or nuisance from occurring, but also to maintain the highest water quality possible consistent with the maximum benefit to the people of the State.

This information must be presented as an analysis of the impacts and potential impacts of the discharge on water quality, as measured by background concentrations and applicable water quality objectives.

The antidegradation analysis is a mandatory element in the National Pollutant Discharge Elimination System and land discharge Waste Discharge Requirements (WDRs) permitting processes. The environmental review document should evaluate potential impacts to both surface and groundwater quality.

II. Permitting Requirements
Construction Storm Water General Permit
Dischargers whose project disturb one or more acres of soil or where projects disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, are required to obtain coverage under the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Construction General Permit), Construction General Permit Order No. 2009-0009-DWQ. Construction activity subject to this permit includes clearing, grading, grubbing, disturbances to the ground, such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade, or capacity of the facility. The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention #14..
- 756 -
Riverdale Park Tract Community - 3 - 2 March 2022
Services District Water System
Consolidation Project
Stanislaus County
Plan (SWPPP). For more information on the Construction General Permit, visit the State Water Resources Control Board website at:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.sht ml
Clean Water Act Section 404 Permit
If the project will involve the discharge of dredged or fill material in navigable waters or wetlands, a permit pursuant to Section 404 of the Clean Water Act may be needed from the United States Army Corps of Engineers (USACE). If a Section 404 permit is required by the USACE, the Central Valley Water Board will review the permit application to ensure that discharge will not violate water quality standards. If the project requires surface water drainage realignment, the applicant is advised to contact the Department of Fish and Game for information on Streambed Alteration Permit requirements. If you have any questions regarding the Clean Water Act Section 404 permits, please contact the Regulatory Division of the Sacramento District of USACE at (916) 557-5250.

Clean Water Act Section 401 Permit – Water Quality Certification If an USACE permit (e.g., Non-Reporting Nationwide Permit, Nationwide Permit, Letter of Permission, Individual Permit, Regional General Permit, Programmatic General Permit), or any other federal permit (e.g., Section 10 of the Rivers and Harbors Act or Section 9 from the United States Coast Guard), is required for this project due to the disturbance of waters of the United States (such as streams and wetlands), then a Water Quality Certification must be obtained from the Central Valley Water Board prior to initiation of project activities. There are no waivers for 401 Water Quality Certifications. For more information on the Water Quality Certification, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/water_issues/water_quality_certificatio n/
Waste Discharge Requirements – Discharges to Waters of the State If USACE determines that only non-jurisdictional waters of the State (i.e., “nonfederal” waters of the State) are present in the proposed project area, the proposed project may require a Waste Discharge Requirement (WDR) permit to be issued by Central Valley Water Board. Under the California Porter-Cologne Water Quality Control Act, discharges to all waters of the State, including all wetlands and other waters of the State including, but not limited to, isolated wetlands, are subject to State regulation. For more information on the Waste Discharges to Surface Water NPDES Program and WDR processes, visit the Central Valley Water Board website at:https://www.waterboards.ca.gov/centralvalley/water_issues/waste_to_surface_wat er/
Projects involving excavation or fill activities impacting less than 0.2 acre or 400 linear feet of non-jurisdictional waters of the state and projects involving dredging activities impacting less than 50 cubic yards of non-jurisdictional waters of the state may be eligible for coverage under the State Water Resources Control Board Water #14..
- 757 -
Riverdale Park Tract Community - 4 - 2 March 2022
Services District Water System
Consolidation Project
Stanislaus County
Quality Order No. 2004-0004-DWQ (General Order 2004-0004). For more information on the General Order 2004-0004, visit the State Water Resources Control Board website at:
https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/200 4/wqo/wqo2004-0004.pdf
Dewatering Permit
If the proposed project includes construction or groundwater dewatering to be discharged to land, the proponent may apply for coverage under State Water Board General Water Quality Order (Low Threat General Order) 2003-0003 or the Central Valley Water Board’s Waiver of Report of Waste Discharge and Waste Discharge Requirements (Low Threat Waiver) R5-2018-0085. Small temporary construction dewatering projects are projects that discharge groundwater to land from excavation activities or dewatering of underground utility vaults. Dischargers seeking coverage under the General Order or Waiver must file a Notice of Intent with the Central Valley Water Board prior to beginning discharge.

For more information regarding the Low Threat General Order and the application process, visit the Central Valley Water Board website at:
http://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2003/ wqo/wqo2003-0003.pdf
For more information regarding the Low Threat Waiver and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/waiv ers/r5-2018-0085.pdf
Limited Threat General NPDES Permit
If the proposed project includes construction dewatering and it is necessary to discharge the groundwater to waters of the United States, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. Dewatering discharges are typically considered a low or limited threat to water quality and may be covered under the General Order for Limited Threat Discharges to Surface Water (Limited Threat General Order). A complete Notice of Intent must be submitted to the Central Valley Water Board to obtain coverage under the Limited Threat General Order. For more information regarding the Limited Threat General Order and the application process, visit the Central Valley Water Board website at:
https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/gene ral_orders/r5-2016-0076-01.pdf
#14..
- 758 -
Riverdale Park Tract Community - 5 - 2 March 2022
Services District Water System
Consolidation Project
Stanislaus County
NPDES Permit
If the proposed project discharges waste that could affect the quality of surface waters of the State, other than into a community sewer system, the proposed project will require coverage under a National Pollutant Discharge Elimination System (NPDES) permit. A complete Report of Waste Discharge must be submitted with the Central Valley Water Board to obtain a NPDES Permit. For more information regarding the NPDES Permit and the application process, visit the Central Valley Water Board website at: https://www.waterboards.ca.gov/centralvalley/help/permit/ If you have questions regarding these comments, please contact me at (916) 464-4856 or [email protected].

Nicholas White
Water Resource Control Engineer
cc: State Clearinghouse unit, Governor’s Office of Planning and Research, Sacramento
#14..
- 759 -
Riverdale Park Tract Community Services District Water System Consolidation Project Mitigation Monitoring and Reporting Program 1
Mitigation Monitoring and Reporting Program
Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party Air Quality
AQ-1 Permit Requirements. Prior to ground disturbance and construction, the Construction Contractor shall obtain all required permits for dust control and the use of portable equipment, 50 horsepower or greater, from the SJVAPCD. Upon application for construction permits, all required mitigation measures shall be shown on all applicable grading or construction plans and implemented during all applicable grading and construction activities.

Obtain all required
permits from

SJVAPCD
Prior to issuance of
construction permits
City and/or
contractor
Biological Resources
BIO-1 At the end of each working day, the Construction Contractor shall take measures to prevent the entrapment of animals in all excavated, steep-walled holes or trenches more than 2 feet deep. Such measures shall include covering excavations with plywood or providing dirt or plank escape ramps from the trenches.

Verify compliance
through site
inspection
During construction City and/or
contractor
BIO-2 Prior to, during, and after the site-disturbance and/or construction phase, if needed, the use of pesticides shall follow all federal, state, and local regulations.

Anti-coagulant rodenticides such as brodifacoum, bromadiolone, difethialone, and difenacoumare are prohibited. This is necessary to minimize the probability of primary or secondary poisoning of special-status animals, such as the San Joaquin kit fox possibly utilizing adjacent habitats, and the depletion of prey upon which these animals depend.

Verify compliance
through site
inspection
Prior to, during, and
after the sitedisturbance and/or
construction
City and/or
contractor
BIO-3 Work and staging areas shall not occur within undeveloped surfaces on properties located immediately adjacent to the Tuolumne River.

Verify compliance
on all applicable
grading or
construction plans
Prior to issuance of
construction permits
City and/or
contractor
BIO-4 The Construction Contractor shall follow all standard construction site Best Management Practices (BMPs) and prepare a Stormwater Pollution Prevention Plan (SWPPP) in compliance with all state and local agency requirements.

Prepare and
comply with
SWPPP and
BMPs. Verify
compliance
through site
Prior to commencement
of site preparation and
during construction
City and/or
contractor
#14..
- 760 -
Riverdale Park Tract Community Services District Water System Consolidation Project Mitigation Monitoring and Reporting Program 2
Mitigation Monitoring and Reporting Program
Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party inspection
Cultural Resources
CR-1 If cultural resources are encountered during subsurface earthwork activities, all ground disturbing activities within a 25-foot radius of the find shall cease and the City shall be notified immediately. Work shall not continue until a City-qualified archaeologist assesses the find and determines the need for further study. If the find includes Native American affiliated materials, a local Native American tribal representative will be contacted to work in conjunction with the City-approved archaeologist to determine the need for further study. A standard inadvertent discovery clause shall be included in every grading and construction contract to inform contractors of this requirement. Any previously unidentified resources found during construction shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria by a qualified archaeologist.

If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan, in conjunction with locally affiliated Native American representative(s) as necessary, that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the Central California Information Center (CCIC), located at the California State University at Stanislaus, and provide for the permanent curation of the recovered materials.

Stop work and
notify project
proponent
immediately in the
event that a
potentially
significant cultural
resource is
encountered
Prior to and during
construction
Contractor
Hazardous Materials
HAZ-1 Prior to initiation of vegetation removal, demolition activities, and earthmoving activities, the project contractor shall prepare and implement a Hazardous Materials Management Plan that details procedures that will be taken to ensure proper transport, use, and storage of hazardous construction materials and the appropriate handling, stockpiling, testing, and disposal of excavated materials to prevent the inadvertent release of hazardous construction materials and/or contaminated soil and demolished materials to the environment during construction activities. Elements of the plan shall include, but would not Prepare and
implement a
Hazardous
Materials
Management Plan
Prior to and during
construction
Contractor
#14..
- 761 -
Riverdale Park Tract Community Services District Water System Consolidation Project Mitigation Monitoring and Reporting Program 3
Mitigation Monitoring and Reporting Program
Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party necessarily be limited to, the following:

Worker Health and Safety

1. Accident prevention measures.

2. Measures to address hazardous materials and other site-specific worker health and safety issues during construction, including the specific level of protection required for construction workers. This shall include preparation of a site-specific health and safety plan in accordance with federal OSHA regulations (29 Code of Federal Regulations [CFR] 1910.120) and Cal/OSHA regulations (8 California Code of Regulations [CCR] 5192) to address worker health and safety issues during construction.

3. The requirement that all construction crew members be trained regarding best practices for the proper transport, use, and storage of hazardous construction materials and the appropriate handling, stockpiling, testing, and disposal of excavated materials prior to beginning work.

Soil Contamination

4. Procedures for the proper handling, stockpiling, testing, and disposal of excavated materials in accordance with CCR Title 14 and Title 22.

5. Soil contamination evaluation and management procedures, including how to properly identify potential contamination (e.g., soil staining, odors, or buried material), the requirement that construction activities within a 50- foot-radius of potentially contaminated soil be halted until the hazard has been assessed and appropriately addressed, the requirement that access to potentially contaminated areas be limited to properly trained personnel, and procedures for notification and reporting, including internal management and local agencies (e.g., fire department, Stanislaus County Environmental Management Department), as needed.

6. Monitoring of ground-disturbing activities for soil contamination may include visual and organic vapor monitoring by personnel with appropriate hazardous materials training, including 40 hours of Hazardous Waste #14..
- 762 -
Riverdale Park Tract Community Services District Water System Consolidation Project Mitigation Monitoring and Reporting Program 4
Mitigation Monitoring and Reporting Program
Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party Operations and Emergency Response (HAZWOPER) training.

7. If visual and organic vapor monitoring indicates signs of suspected contaminated soil, then soil samples shall be collected and analyzed to characterize soil quality.

8. Evaluation of all potentially contaminated materials encountered during project construction activities in accordance with applicable federal, state, and local regulations and/or guidelines governing hazardous waste. All materials deemed to be hazardous shall be remediated and/or disposed of following applicable regulatory agency regulations and/or guidelines.

Disposal sites for both remediated and non-remediated soils shall be identified prior to beginning construction. All evaluation, remediation, treatment, and/or disposal of hazardous waste shall be supervised and documented by qualified hazardous waste personnel.

Hazardous Construction Materials

9. Appropriate work practices necessary to effectively comply with applicable environmental laws and regulations, including hazardous materials management, handling, storage, disposal, and emergency response. These work practices include the following: an on-site hazardous material spill kit shall be provided for small spills; totally enclosed containment shall be provided for all trash; and all construction waste, including trash, litter, garbage, other solid waste, petroleum products, and other potentially hazardous materials, shall be removed to an appropriate waste facility permitted or otherwise authorized to treat, store, or dispose of such materials.

10. The requirement that hazardous construction materials must be stored at least 50 feet from storm drain inlets, creeks, and other drainage features and covered with tarps or stored inside buildings to ensure that materials are not released to the air during windy conditions or exposed to rain.

11. Procedures for proper containment of any spills or inadvertent releases of hazardous materials.

12. Notification requirements in the event of an accidental release of #14..
- 763 -
Riverdale Park Tract Community Services District Water System Consolidation Project Mitigation Monitoring and Reporting Program 5
Mitigation Monitoring and Reporting Program
Mitigation
Measure Requirements of Measure Compliance Method Verification Timing Responsible Party hazardous materials into the environment. Construction crew members shall immediately notify a construction foreperson who shall then report the release to the City of Modesto to ensure the release is remediated in accordance with City requirements.
#14..
- 764 -
Riverdale Park Tract Community Services District Water System Consolidation Project Mitigation Monitoring and Reporting Program 6
This page intentionally left blank.
#14..
- 765 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: July 20, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Scenic Drive Pavement Rehabilitation Phase 1 CONTACT: Pete Kambel, Senior Civil Engineer, [email protected] (209) 577-5444 DESCRIPTION:

Consider accepting the Scenic Drive Pavement Rehabilitation Phase I project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,248,560 to George Reed, Inc., of Modesto, CA. (Funding Source:

Local Control Measure L 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:

In November of 2016, Stanislaus County voters approved a county-wide, 25-year, half-cent sales tax increase known as Measure L. The tax increase went into effect on April 1, 2017 and the City began receiving quarterly payments commencing in July 2017. On October 4, 2016, Council approved Ordinance No. 3656-C.S. adding Chapter 10 to Title 8 of the Modesto Municipal Code to establish a Citizens’ Transportation Sales Tax Commission (Citizens’ Commission) consisting of eleven members appointed by the Council.

On December 12, 2017 by Resolution 2017-505, Council approved a Measure L Master Funding Agreement between the Stanislaus Council of Governments and the City of Modesto. The City’s estimated annual share of Measure L local funds is approximately $8.9 million, allocated to three categories: $6.87 million annually for Local Streets and Roads, which is to be used exclusively for repair and maintenance of City streets; $1.37 million annually for Traffic Management, which would be used to upgrade intersections, widen roads, signalize intersections, install traffic calming devices, etc.; and $687,000 annually for Bike and Pedestrian improvements, which is to be used for local connectivity between communities, local schools, trails and recreational facilities. #15..
- 766 -
City Council August 9, 2022
Accept Scenic Drive Pavement Rehabilitation Phase I

On February 7, 2019, the Citizens’ Transportation Sales Tax Oversight Commission approved a list of projects for Fiscal Year 2019-2020, which included the Scenic Drive Pavement Rehabilitation Phase I (Project). This Project was included in the Fiscal Year 2019-2020 Capital Improvement Program (CIP) which was presented to the Finance Committee at workshops held on April 29, April 30, and May 2, 2019 and at a joint Planning Commission/Finance Committee meeting held on May 20, 2019. The CIP projects and budget were approved by City Council on June 25, 2019 by Resolution No. 2019-304.

The Scenic Drive Pavement Rehabilitation Phase I project work included pavement rehabilitation on Scenic Drive from Lakewood Avenue to Claus Road, consisting of approximately one (1) centerline mile or 327,390 square feet of pavement. Project improvements included roadway resurfacing and reconstruction, new signage and striping, pedestrian crossing improvements, and Americans with Disabilities Act (ADA) ramp upgrades.

DISCUSSION:

The project was advertised for bids on February 23, 2021. Bids were publicly opened on March 30, 2021 pursuant to Modesto Municipal Code section 8-3.403 and City Charter Section 1307.

Four bids were received, and George Reed, Inc., of Modesto, CA, was the apparent lowest bidder at 6.12% below the engineer’s estimate.

On April 27, 2021, by Resolution No. 2021-149, Council awarded a contract to George Reed, Inc., of Modesto, CA, for the construction of the Scenic Drive Pavement Rehabilitation Phase I project in the amount of $1,173,458. The contractor received the Notice to Proceed with a first working day of June 28, 2021. All contract work was completed by January 11, 2022.

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 $1,248,560. The work is covered by a one-year warranty for any issues that may arise.

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

FISCAL IMPACT:

The total project costs were $1,635,561 which included design, construction, and construction administration costs. The total project amount originally budgeted was $1,739,500 which included $1,290,803 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.

On April 27, 2021, by Resolution No. 2021-150, council authorized the Director of Utilities approval of change orders up to 10% of the original contract price for the Scenic Drive Pavement Rehabilitation Phase 1 Project. Therefore, the approved contingency amount for the project was $117,345.
#15..
- 767 -
City Council August 9, 2022
Accept Scenic Drive Pavement Rehabilitation Phase I

There were six change orders resulting in an overall increase of $75,102 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below:
101168 – CED. Transportation Engineering and Design “Scenic Dr Pave Rehab Phase 1” PROJECT EXPENDITURES:

Construction Contract (George Reed, Inc.) $1,173,458
Construction Contingency (Change Orders) 6.4% $75,102
City Construction Forces (CCF) 0.02% $204
Construction Administration – City Staff Support 13.4% $157,294 Engineering Design/Admin. – City Staff Support/Misc. 19.6% $229,503 TOTAL CONSTRUCTION EXPENDITURES: $1,635,561
*Percentages are based on Construction Contract amount.

COMMITTEE RECOMMENDATION:

The Scenic Drive Pavement Rehabilitation Phase 1 project was presented to the Economic Development Committee on November 6, 2019, 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 Scenic Drive Pavement Rehabilitation Phase I project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,248,560 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
#15..
- 768 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION ACCEPTING THE SCENIC DRIVE PAVEMENT REHABILITATION PHASE 1 PROJECT AS COMPLETE, AUTHORIZING ALL NECESSARY STEPS TO

FILE WITH THE COUNTY RECORDER, RELEASING SECURITIES, AND RELEASING PAYMENTS TOTALING $1,248,560 TO GEORGE REED, INC., CA WHEREAS, in November of 2016, Stanislaus County voters approved a county-wide, 25-year, half-cent sales tax increase known as Measure L, and WHEREAS, on October 4, 2016, Council approved Ordinance No. 3656-C.S. adding Chapter 10 to Title 8 of the Modesto Municipal Code to establish a Citizens’ Transportation Sales Tax Commission (Citizens’ Commission) consisting of eleven members appointed by the Council, and
WHEREAS, on December 12, 2017 by Resolution 2017-505, Council approved a Measure L Master Funding Agreement between the Stanislaus Council of Governments and the City of Modesto, and
WHEREAS, the City’s estimated annual share of Measure L local funds is approximately $8.9 million, allocated to three categories: $6.87 million annually for Local Streets and Roads, which is to be used exclusively for repair and maintenance of City streets; $1.37 million annually for Traffic Management, which would be used to upgrade intersections, widen roads, signalize intersections, install traffic calming devices, etc.; and $687,000 annually for Bike and Pedestrian improvements, which is to be used for local connectivity between communities, local schools, trails and recreational facilities, and WHEREAS, on February 7, 2019, the Citizens’ Transportation Sales Tax Oversight Commission approved a list of projects for Fiscal Year 2019-2020, which included the Scenic Drive Pavement Rehabilitation Project Phase I (Project), and #15..
- 769 -
2 WHEREAS, this Project was included in the Fiscal Year 2019-2020 Capital Improvement Program (CIP) which was presented to the Finance Committee at workshops held on April 29, April 30, and May 2, 2019 and at a joint Planning Commission/Finance Committee meeting held on May 20, 2019. The CIP projects and budget were approved by City Council on June 25, 2019 by Resolution No. 2019-304, and WHEREAS, project improvements include roadway resurfacing and/or reconstruction, new signage and striping, pedestrian crossing improvements, and Americans with Disabilities Act (ADA) ramp upgrades, and
WHEREAS, the project was advertised for bids on February 23, 2021. Bids were publicly opened on March 30, 2021. pursuant to Modesto Municipal Code section 8-3.403 and City Charter Section 1307. Four bids were received and George Reed, Inc. of Modesto, CA was the apparent low bidder, and
WHEREAS, on April 27, 2021, by Resolution 2021-149, Council awarded a contract to George Reed, Inc., of Modesto, CA, for the construction of the Scenic Drive Pavement Rehabilitation Phase I project in the amount of $1,173,458, and WHEREAS, the contractor received the Notice to Proceed with a first working day of June 28, 2021. All contract work was completed by January 11, 2022, and WHEREAS, the total project costs were $1,635,561 which included design, construction, and construction administration costs. The total project amount originally budgeted was $1,739,500 which included $1,298,803 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 #15..
- 770 -
3 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 $117,345, and WHEREAS, there were six change orders on this project with an overall increase of $75,102, 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 Scenic Drive Pavement Rehabilitation Phase 1 Project as complete, authorizing all necessary steps to file with the county recorder, releasing securities, and releasing payments totaling $1,248,560 to George Reed, Inc., CA.

BE IT FURTHER RESOLVED, 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 $1,248,560.
#15..
- 771 -
4 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of August, 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
#15..
- 772 -
CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: May 05, 2022
TIME
EXT.
2021/13 - Scenic Drive Pavement Rehabilitation Phase I (101168) PROJECT NUMBER AND NAME:
01 Extra Work At Unit Prices 10/15/21 $2,705.50 0 W.D. No Yes No 02 Change Bulldog Buttons INX with Idetect Touchless
Actuation Option + 5 Working Days
10/15/21 $1,706.00 5 W.D. No Yes No
03 Extra Work At Agreed Lump Sum: Move Flashing
Beacon and Add A Push Button
11/30/21 $4,950.00 0 W.D. No No Yes
04 Field Order No. 4 Bollards and # 5 Shoulder Backing 02/15/22 $45,600.00 0 W.D. No Yes No 05 ADA Ramps, Concrete Flat Work, and Sod Grass 02/15/22 $48,448.00 0 W.D. No Yes No 06 Adjust Quantities Consistent With Field Conditions 05/25/22 -$28,308.00 0 W.D. No Yes No Total Change Orders Processed To Date: $75,101.50
Original Contract Amount: $1,173,458.00
IDA To:

Total Working Days Time Extension: 5
Original Director's CCO Authority: $117,345.00
IDA Date:
#15..
- 773 -
7/18/2022
July 19, 2022
#15..
- 774 -
#15..
- 775 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: July 15, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: First Amendment to the Grover Landscape Maintenance Service Agreement CONTACT: Robert Englent, Wastewater Collection System Superintendent, [email protected], (209) 577-6222
DESCRIPTION:

Consider approving the first amendment with Grover Landscape Services, Inc., Modesto, CA for the Furnishing of Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services, and increasing the annual amount by $15,000 from $155,000, to a new estimated annual amount of $170,000 for Year 3 and including a 10% CPI increase for Years 4 and 5 for a new total amount not to exceed $872,700 over five years. (Funding Source: Sewer and Storm Drain Funds and Various Community Facility Districts (CFD) 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:

The City of Modesto, Utilities Department, Wastewater Division, requires landscape maintenance, weed abatement, trash removal and rodent control services for its storm basins, lift stations, and Utility easements.

Currently, the City has twenty-five storm basins, five Utility Easements, and nine lift stations located throughout the City. The storm basins are either retention or detention basins.  Retention basins collect water through a sequence of underground pipes that feed the basin. Storm water is stored in these basins and allowed to percolate or evaporate.  Detention basins are similar to retention basins with one difference. Detention basins have the added component of removing the storm water with a pump station located at the basin that pumps the water to an open waterway: MID canal, creek, or river. #16..
- 776 -
City Council, August 9, 2022
First Amendment to Grover Landscape Maintenance Service Agreement

 Utility Easements provide access and conveyance for underground utilities, including pipes that support retention and detention basins.

These properties require consistent upkeep, as the weeds can quickly become overgrown and out of control. The need to maintain retention and detention basins is necessary in order to allow water to properly flow or evaporate. This aids in mitigating flood danger. Rodent control is essential in maintaining the integrity of the storm basin slopes. Degradation of the banks will cause costly damage to the storm basin and can impact the effectiveness of the basins.

On August 07, 2019, by Resolution 2019-335, Council approved the award of bid to Grover Landscape Services, Inc., Modesto, CA, for a two-year agreement with three one-year extension options, for an estimated annual cost of $155,000 and a total cost not to exceed $853,000 over five (5) years.

On June 30, 2021, Grover requested a 3% increase based on the Consumer Price Index (CPI) during the Year 3 Extension of Agreement No. 165801. The City determined this request to be reasonable1 and accepted the increase.

DISCUSSION:

The City of Modesto, Utilities Department, Wastewater Division, currently holds an agreement with Grover Landscape Services, Inc. for landscape maintenance, weed abatement, trash removal and rodent control throughout the City’s storm basins, lift stations, and Utility easements.

Due to the rising cost of fuel and supplies, Grover has recently requested a CPI increase of

8.5% to go into effect with the Year 4 Extension of Agreement 165801.

During the term of this agreement it has been determined that the initial requested amount is not sufficient and the cost of services required to continue maintenance of the storm basins, lift stations, and Utility easements will exceed the previously approved amount.

FISCAL IMPACT:

Sufficient funds are budgeted in the Sewer and Storm Drain Funds and CFD Funds.

Expenditures throughout current Agreement term:

GROVER AGREEMENT #165801
YEAR 1 YEAR 2 YEAR 32
SEWER FUND 4210 $33,435.42 $35,771.75 $30,785.09
STORM FUND 4480 $81,701.43 $81,417.77 $84,737.76
CFD FUNDS - VARIOUS $39,144.00 $46,476.00 $48,243.79
TOTAL $154,280.85 $163,665.52 $163,766.64
1 Per Agreement No. 165801 Grover may request an increase during Years 3, 4, and 5, not to exceed the current CPI at the time of request. The CPI for June of 2021 was 5.1%. 2 Year 3 values are a projection/estimate due to currently being in the agreement year. #16..
- 777 -
City Council, August 9, 2022
First Amendment to Grover Landscape Maintenance Service Agreement

Amended Cost:

FUND ACCOUNT
NUMBER

BUDGETED
AMOUNT
Sewer Fund Various $33,000
Sewer Fund Storm Drain Fund Various $87,000
CFD Funds Various $50,000
ESTIMATED ANNUAL TOTAL $170,000
FIVE (5) YEAR TOTAL NOT TO EXCEED $872,700
COMMITTEE RECOMMENDATION:

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

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the first amendment with Grover Landscape Services, Inc., Modesto, CA for the Furnishing of Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services, and increasing the annual amount by $15,000 from $155,000, to a new estimated annual amount of $170,000 for Year 3 and including a 10% CPI increase for Years 4 and 5 for a new total amount not to exceed $872,700 over five years and authorizing the City Manager or his designee, to execute the amendment.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. First Amendment

3. Original Agreement No. 165801
#16..
- 778 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING THE FIRST AMENDMENT WITH GROVER
LANDSCAPE SERVICES, INC., MODESTO, CA FOR THE FURNISHING OF

LANDSCAPE MAINTENANCE, WEED ABATEMENT, TRASH REMOVAL AND

RODENT CONTROL SERVICES, AND INCREASING THE ANNUAL AMOUNT BY $15,000 FROM $155,000, TO A NEW ESTIMATED ANNUAL AMOUNT OF $170,000 FOR YEAR 3 AND INCLUDING A 10% CPI INCREASE FOR YEARS 4 AND 5 FOR A NEW TOTAL AMOUNT NOT TO EXCEED $872,700 OVER FIVE YEARS, AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE

AMENDMENT
WHEREAS, the Utilities Department, Wastewater Division requires landscape maintenance, weed abatement, trash removal and rodent control services for its storm basins, lift stations, and Utility easements, and
WHEREAS, these properties require consistent upkeep, in order to mitigate flood danger and avoid costly damage, and
WHEREAS, on August 07, 2019, by Resolution 2019-335, Council approved the award of bid to Grover Landscape Services, Inc., Modesto, CA, for a two-year agreement with three one-year extension options, for an estimated annual cost of $155,000 and a total cost not to exceed $853,000 over five (5) years, and
WHEREAS, on June 30, 2021, Grover requested a 3% CPI increase during the Year 3 Extension of Agreement 165801. The City determined this request to be reasonable and accepted the increase, and
WHEREAS, the City of Modesto, Utilities Department, Wastewater Division, currently holds an agreement with Grover Landscape Services, Inc. for landscape maintenance, weed abatement, trash removal and rodent control throughout the City’s storm basins, lift stations, and Utility easements, and
#16..
- 779 -
2 WHEREAS, due to the rising cost of fuel and supplies, Grover has recently requested a CPI increase of 8.5% to go into effect with the Year 4 Extension of Agreement 165801, and WHEREAS, during the term of this agreement it has been determined that the initial requested amount is not sufficient and the cost of services required to continue maintenance of the storm basins, lift stations, and Utility easements will exceed the previously approved amount.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the first amendment with Grover Landscape Services, Inc., Modesto, CA for the Furnishing of Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services, and increasing the annual amount by $15,000 from $155,000, to a new estimated annual amount of $170,000 for Year 3 and including a 10% CPI increase for Years 4 and 5 for a new total amount not to exceed $872,700 over five years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the amendment, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of August, 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:
#16..
- 780 -
3 ATTEST: ______________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#16..
- 781 -

FIRST AMENDMENT LANDSCAPE MAINTENANCE, WEED ABATEMENT, AND TRASH REMOVAL SERVICES AGREEMENT WITH GROVER LANDSCAPE SERVICES INC.

This First Amendment to the Landscape Maintenance, Weed Abatement, and Trash Removal 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 Grover Landscape Services Inc., 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 Landscape Maintenance, Weed Abatement, and Trash Removal Services Agreement dated August 7, 2019 (the “Original Agreement”), and
WHEREAS, City and Contractor desire to amend the Original Agreement by increasing the previously approved annual amount from $155,000 to $170,000, and the total amount of the agreement from not to exceed $853,000 to $872,700.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Landscape Maintenance, Weed Abatement, and Trash Removal 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 $170,000, and a total amount not to exceed $872,700 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 Landscape Maintenance, Weed Abatement, and #16..
- 782 -
Trash Removal Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022_________, adopted by the Council of the City of Modesto on the ________ day of ___________, 2022, and Grover Landscape Services Inc. has caused this First Amendment to be duly executed in duplicate as of the Effective Date.
#16..
- 783 -
#16..
- 784 -
#16..
- 785 -
#16..
- 786 -
#16..
- 787 -
#16..
- 788 -
#16..
- 789 -
#16..
- 790 -
#16..
- 791 -
#16..
- 792 -
#16..
- 793 -
#16..
- 794 -
#16..
- 795 -
#16..
- 796 -
#16..
- 797 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: July 18, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Memorandum of Understanding with the Downtown Streets Team CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:

Consider approving a Memorandum of Understanding with the Downtown Streets Team (DST) program in collaboration with the County of Stanislaus Community Services Agency, and approving an annual contribution in an amount not to exceed $700,000, for a total amount of $2,100,000 throughout the three (3) year term. (Funding Source: Litter Abatement Fund, Community Development Block Grants, American Rescue Plan Act Funds) STRATEGIC PLAN ELEMENT:

This item supports the City Council’s 2020-2025 Strategic Plan, Goal C Develop Homelessness and Housing Plan.

BACKGROUND:

On December 11, 2018, by Resolution 2018-565, a Memorandum of Understanding (MOU) was entered into by the City of Modesto, County of Stanislaus, Stanislaus Community Foundation, and the United Way to bring the Downtown Streets Team (DST) program to Stanislaus County.

Since their launch in Modesto, the DST has supported 79 individuals obtain housing and 61 individuals obtain employment. In addition, DST has helped shift the narrative on homelessness and the community has supported DST members with financial support, housing and employment opportunities. The initial multi-partner MOU expired on December 11, 2021. Since the expiration, the City and County have been in active negotiations for a new MOU to continue supporting the DST program.

The DST organization has supported individuals experiencing homelessness by providing daily meaningful activities, building camaraderie, and supporting members in the following areas:
securing employment, increasing engagement in mental health treatment, removing barriers to housing and employment, and assisting with vital documents. The daily meaningful activity for members includes outreach and engagement of individuals experiencing homelessness and litter abatement on public right of ways such as parks, sidewalks, and other city owned property. #17..
- 798 -
City Council August 09, 2022
Memorandum of Understanding with the Downtown Streets Team

The team may also support with park bathroom cleaning andweed abatement. In the proposed MOU, the scope of work will remain consistent but will expand the team size from a standing team of 25 to 50 individuals to help meet the consistent demand from the homeless community.

This team expansion will allow DST to further their reach and perform additional work throughout the community. The anticipated work schedule will include 4-hour shifts Monday through Friday, with the team split into groups to tackle hot spot areas in the community, as assigned by the City.

DISCUSSION:

The annual program budget to support the 50-person team is $900,000. The City of Modesto will contribute $700,000 annually, and the County will contribute $200,000 annually for the 3- year period on a cost reimbursement basis. Both, the City and County will enter into a separate agreement with the DST to utilize the committed funding for the program and establish reporting requirements.

The Stanislaus County Community Services Agency has committed to contributing an amount no less than $200,000 annually. Throughout the last several months, City staff has been working with County personnel to identify additional funding sources beyond the $200,000 annual contribution. The County has committed to working with the City to generate new resources for the program to provide funding support to the DST.

To achieve a long-term funding sustainability plan, the City will look to identify sources beyond municipal funding to support the DST program. To date, the City has helped support DST receive multiple private investment opportunities, and these efforts will continue with the requirement that DST fundraise up to 40% of their total budget to support ongoing operations of the program beyond this 3-year term. The goal for the Modesto program is to help ensure that DST is sustained beyond this MOU for continuous support of the homeless community.

The City of Modesto will serve as the lead Management Entity with responsibility to the parties for all work related to the oversight of DST. The City will convene meetings and set meeting agendas, present and facilitate discussions on items related to DST, prepare materials in advance for distribution, document decisions made, and help ensure that DST is achieving their program goals within their budget.

FISCAL IMPACT:

The City will be allocating $700,000 annually and $2,100,000 throughout the 3-year agreement.

The funding allocation for the City is as follow
Funding Source Annual Amount 3 Year Total
American Rescue Plan Act $600,000 $1,800,000
Community Development Block Grants (CDBG) $50,000 $150,000 Litter Abatement Fund $50,000 $150,000
TOTAL $700,000 $2,100,000
There is no impact to the General Fund.

COMMITTEE RECOMMENDATION
This item was considered by the Citizens Housing and Community Development Committee (CH&CDC) on July 14, 2022 and was approved to be forwarded to Council. #17..
- 799 -
City Council August 09, 2022
Memorandum of Understanding with the Downtown Streets Team

RECOMMENDED COUNCIL ACTION:

Resolution approving a Memorandum of Understanding with the Downtown Streets Team (DST) program in collaboration with the County of Stanislaus Community Services Agency, and approving an annual contribution in an amount not to exceed $700,000, for a total amount of $2,100,000 throughout the three (3) year term, to assist the City of Modesto in addressing homelessness, and authorizing the City Manager or his designee execute the agreement.

Resolution amending the fiscal year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Downtown Streets Team Memorandum of Understanding to be funded with American Rescue Plan Act (ARPA) funds and Community Development Block Grant (CDBG) funds and Litter Abatement funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

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

1. Resolution

2. Budget Resolution

3. MOU

4. CDBG Agreement
#17..
- 800 -
8-9-2022/C&ED/JHill 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH

THE DOWNTOWN STREETS TEAM (DST) PROGRAM IN COLLABORATION

WITH THE COUNTY OF STANISLAUS COMMUNITY SERVICES AGENCY,

AND APPROVING AN ANNUAL CONTRIBUTION IN AN AMOUNT NOT TO EXCEED $700,000, FOR A TOTAL AMOUNT OF $2,100,000 THROUGHOUT THE THREE (3) YEAR TERM, TO ASSIST THE CITY OF MODESTO IN

ADDRESSING HOMELESSNESS, AND AUTHORIZING THE CITY MANAGER

OR HIS DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, on December 11, 2018, by Resolution 2018-565, a Memorandum of Understanding (MOU) was entered into by the City of Modesto, County of Stanislaus, Stanislaus Community Foundation, and the United Way to bring the Downtown Streets Team program to Stanislaus County, and WHEREAS, the DST organization has been integral role in supporting individuals experiencing homelessness by supporting members in the following areas:
securing employment, increasing engagement in mental health treatment, removing barriers to housing and employment, and assisting with vital documents, and WHEREAS, the initial multi-partner Memorandum of Understanding expired on December 11, 2021, and
WHEREAS, the County of Stanislaus Community Services Agency has agreed to serve as a funding partner for the continued implementation of the DST program, and
WHEREAS, as the scope of work will remain consistent but will expand the team size from a standing team of 25 to 50 individuals to help meet the consistent demand from the homeless community, and
WHEREAS, the team expansion will allow DST to further their reach and #17..
- 801 -
8-9-2022/C&ED/JHill 2 2022-
perform additional work throughout the community, and
WHEREAS, DST has committed to fundraise up to 40% of their total budget to support ongoing operations of the program beyond this 3-year term, and WHEREAS, this item was considered by the Citizens Housing and Community Development Committee on July 14, 2022 and was approved to be forwarded to Council, and
WHEREAS, the City’s share in the cost of the agreement shall not exceed $700,000 annually and $2,100,000 throughout the 3-year agreement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it herby accepts a Memorandum of Understanding with the Downtown Streets Team (DST) program in collaboration with the County of Stanislaus Community Services Agency, and approving an annual contribution in an amount not to exceed $700,000, for a total amount of $2,100,000 throughout the three (3) year term, to assist the City of Modesto in addressing homelessness.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Memorandum of Understanding, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of August, 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: ?
#17..
- 802 -
8-9-2022/C&ED/JHill 3 2022-
ABSENT: Councilmembers: ?
ATTEST: ________________________________
Diane Nayares-Perez, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#17..
- 803 -
8-9-2022/C&ED/JHill 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022-2023 MULTI-YEAR FUND

BUDGET TO ESTABLISH APPLICABLE REVENUE, EXPENSE AND

TRANSFER BUDGETS FOR THE DOWNTOWN STREETS TEAM

MEMORANDUM OF UNDERSTANDING TO BE FUNDED WITH AMERICAN

RESCUE PLAN ACT (ARPA) FUNDS AND COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) FUNDS AND LITTER ABATEMENT FUNDS AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO TAKE THE

NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, on March 11, 2011 President Biden signed the American Rescue Plan (ARPA) in law, and
WHEREAS, ARPA will appropriate the City of Modesto with funds to address the continued impact of the COVID-19 pandemic on the economy, public health, State and local governments, individuals, and businesses, and WHEREAS, the City of Modesto is an entitlement community under the U.S.

Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program within the Office of Community Planning and Development (CPD), and
WHEREAS, as an entitlement community, the City annually receives entitlement funds from the Community Development Block Grant program, and WHEREAS, if approved the fiscal year 2022-2023 Multi-Year budget must be amended, and
WHEREAS, the project(s) will be funded with $1,800,000 in American Rescue Plan Act (ARPA) funds and $150,000 in Community Development Block Grant (CDBG) funds and $150,000 in Litter Abatement Funds for the 3-year agreement, and WHEREAS, the ARPA funds will be in the amount of $600,000 annually, and WHEREAS, the CDBG funds will be in the amount of $50,000 annually, and #17..
- 804 -
8-9-2022/C&ED/JHill 2 2022-
WHERAS, the Litter Abatement funds will be in the amount of $50,000 annually.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby amends the fiscal year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Downtown Streets Team program to be funded with ARPA funds and CDBG Grant funds and Litter Abatement Funds.

BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to take the necessary steps to implement the provisions of this resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of August, 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:

NOES:

Councilmembers:

Councilmembers:
?
?
ABSENT: Councilmembers: ?
ATTEST:

DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
#17..
- 805 -
1 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF MODESTO, COUNTY OF STANISLAUS COMMUNITY SERVICES AGENCY, AND THE DOWNTOWN STREETS, INC.

FOR COLLABORATION ON A HOMELESS SUPPORT PROGRAM
This Memorandum of Understanding (this MOU) is made effective as of July 01, 2022, between the CITY OF MODESTO, a municipal corporation of the State of California (City), and COUNTY OF STANISLAUS COMMUNITY SERIVES AGENCY, a general law county (County), the Downtown Streets, Inc. (AKA “Downtown Streets Team”), a not-for-profit (501c3) organization (DST), together the “Parties,” and is for the purpose of collaborating on a Downtown Streets Team program to support homeless and low-income people (Program).

RECITALS
WHEREAS: On December 11, 2018, a Memorandum of Understanding was entered into by the County of Stanislaus, City of Modesto, Stanislaus Community Foundation, and the United Way to bring the Downtown Streets Team program to Stanislaus County; and
WHEREAS: On December 11, 2021, the Memorandum of Understanding between the partners expired; and
WHEREAS: The City and the County have agreed to continue supporting the Downtown Streets Team Program and wish to continue the collaboration; and WHEREAS: On August 9, 2022, the Modesto City Council endorsed the continued partnership for the Downtown Streets Team Program and authorized this MOU between the County and the City for the purpose of collaborating on the Program.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Definitions.

Capitalized terms not defined elsewhere in this MOU shall have the following meanings:

Agreement or MOU means this Memorandum of Understanding.

DST means the Downtown Streets Team.

Partnership refers to the partnership between the City, County, and Downtown Streets Team.

Program means the development and operation of the Downtown Streets Team Program.

Scope of Work is set forth in Exhibit A.
#17..
- 806 -
2 2. Purpose of MOU. This MOU memorializes the Parties’ approach to oversight and decision making related to the Downtown Streets Team Program in Stanislaus County in accordance with the Scope of Work.

The City of Modesto shall serve as the lead Management Entity with responsibility to the Parties for all work related to the oversight of Downtown Streets Team. The Management Entity shall:
a) Work with the Parties to convene meetings and set meeting agendas; b) Inform, present and facilitate discussions on items related to Downtown Streets Team; c) Prepare materials in advance for distribution to the Parties; d) Document decisions made and ensure decisions are carried out by Downtown Streets Team.

3. Term. This MOU is effective upon execution by all the Parties (“Effective Date”) and terminates three years after the Effective Date unless extended by written agreement of all the Parties or sooner terminated in accordance with the terms hereof.

4. Funding.
(a) Downtown Streets Team will provide an annual budget to the Parties and communicate at least quarterly, and more frequently if requested, about the scope of the activity supported by the current funding, any unmet funding needs and fundraising activities to close resource gaps.
(b) The Parties have agreed to funding for the Program as follows:
(1) The City of Modesto City Council on August 9, 2022 approved a $700,000 annual contribution for a three-year period for the Program from the City of Modesto. The City of Modesto will disburse $700,000 annually for 3 years to be divided in monthly installments to, and be invoiced by, the Downtown Streets Team. The City shall enter into a separate agreement with the Downtown Streets Team to utilize the committed funding for the program and establish reporting requirements.
(2) The Stanislaus County Board of Supervisors on May 24, 2022 approved a $200,000 allocation for Fiscal Year 2022, and the Stanislaus County Community Services Agency has committed to contributing an annual contribution of no less than $200,000 for the term of this MOU as funding allows and it is available to the County. County shall participate with the Parties to generate new resources for the Program, and make good faith efforts to seek and provide funding support to Downtown Streets Team. The County shall enter into a separate agreement with the Downtown Streets Team to utilize committed funding for the program and establish reporting requirements.

5. Other Responsibilities.
(a) The Parties shall meet on a monthly basis. The Downtown Streets Team shall participate in meetings for the purpose of collaborating on activities related to the implementation, on-going development, operations, and security of the Program and to avoid adverse impacts to the Parties. The Parties will work together to implement, correct and modify joint operations plans to ensure safe and effective operations and of the Program. #17..
- 807 -
3 (b) The Parties shall consider and approve any significant changes of Downtown Streets Team program design or implementation. The Parties shall consider options and make recommendations for how, and which, resources, and program types are prioritized. (c) Downtown Streets Team is responsible for providing the Parties with periodic and regular reports that reflect the operations and outcomes of the Program.

6. Indemnification.
(a) Each Party shall defend, indemnify and hold harmless the other Parties and their members, governing bodies, officers, employees, departments, officials, representatives, Landlords, inspectors, contractors, consultants and agents from and against all claims, suits, actions, losses and liability of every kind, nature and description, including but not limited to claims and fines of regulatory agencies and attorney’s fees and consultant’s fees, arising out of, connected with or resulting from that Party’s negligence, willful misconduct, or breach of this MOU. The Parties’ indemnification obligations shall survive the termination of this MOU. (b) Downtown Streets Team shall indemnify the Parties for negligence, willful misconduct, or breach of the contract.

7. Termination. This MOU may also be terminated in advance of its expiration date:
(a) If all of the Parties agree to terminate the agreement in writing; or (b) If:
(1) A performing Party notifies the non-performing Party of its failure to perform in writing and provides a reasonable opportunity to cure (not to exceed 30 days), and (2) The non-performing Party fails to cure within the designated cure period; or
(c) Upon receipt of written notice from either Party that funding is insufficient to continue operation of the Program, or is otherwise unable to continue to coordinate the Program operations.

This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, (b) sale of Contractor's business, (c) cancellation of insurance required under the terms of this Agreement, and (d) if, for any reason, Contractor ceases to be licensed or otherwise authorized to do business in the State of California, and the Contractor fails to remedy such defect or defects within thirty (30) days of receipt of notice of such defect or defects.

8. Dispute Resolution.

The parties agree to the dispute resolution procedures set forth in this Section 8. (a) Meeting and Mediation. The Parties shall use their best efforts to resolve any dispute specifically arising under this MOU by good faith negotiations whenever possible. The Parties shall meet and confer in good faith to resolve any disputes arising under the MOU or concerning its terms or administration as follows:
#17..
- 808 -
4 (1) A Party shall give the other Party or Parties, as soon as possible after the dispute arises, written notice setting forth, with specificity, the Party’s claims. (2) The Parties shall meet and confer in a good faith attempt to resolve such dispute through negotiation not later than 10 days after receipt of notice, unless the Parties agree to an extension of time.
(3) If such dispute is not resolved to the satisfaction of the Parties within 30 calendar days after the first meeting, then either Party may request the dispute to be mediated.

Upon such request, a mediation shall be scheduled by the Parties in earnest. Mediation shall be confidential, non-binding and utilize the services of a mediator mutually acceptable to the Parties and, if the Parties cannot agree, a mediator selected by JAMS. The mediation shall be held at the JAMS office in San Francisco, California, or at such other location as is mutually agreeable to the Parties. The cost of mediation shall be equally shared by the Parties to the mediation. (b) Arbitration. If the dispute is not resolved to the satisfaction of the Parties within either sixty (60) calendar days after the first meeting (if no mediation was scheduled), or fifteen (15) days after a mediation, then the Parties may seek to have the dispute resolved by arbitration in accordance with the following procedures:
(1) Upon the request of a Party in writing, the dispute shall be submitted to binding arbitration in accordance with this subsection. (2) The disputes to be submitted to arbitration shall be limited to disputes specifically arising under this MOU.
(3) In the event that there is any dispute as to whether a matter is subject to the arbitration provisions of this MOU, or any dispute concerning the scope of the matter or matters to be arbitrated, the disagreement as to whether the dispute is subject to the arbitration provisions of this MOU or the scope of such arbitration shall be resolved by the courts referenced in subsection (c) of this Section.
(4) The arbitration shall be held before a JAMS arbitrator in San Francisco, California, or at such other location as is mutually agreeable to the parties. (5) The arbitration shall be administered in accordance with the Streamlined Arbitration Rules and Procedures of JAMS (or if those rules no longer exist, the closest equivalent) as modified by the provisions of this MOU. Service of any document on the Parties may be made and shall be effective as provided in such rules.
(6) The provisions of section 1283.05 of the California Code of Civil Procedure shall apply; provided that no discovery authorized by that section may be conducted without leave of the arbitrator.
(7) Each Party shall bear its own costs, attorneys’ fees and its equal share of the costs and expenses of the arbitrator.
(8) Subject to the provisions of this Section, the arbitrator shall be empowered to grant compensatory and declaratory relief only.
(9) The decision of the arbitrator shall be in writing and shall give reasons for the decision.
(c) Confirmation of Decisions. Any Party to an arbitration in which a decision has been made pursuant to this Section may petition the State Superior Court for the County of Stanislaus to affirm the decision. The parties expressly consent to be sued in such courts for affirmation of any such decision and as otherwise provided in subsection (d) of this Section. A decision shall be affirmed, provided that:
#17..
- 809 -
5 (1) The decision is limited to matters specifically arising under this MOU. (2) No monetary damages may be awarded except those which require the payment of sums pursuant to breaches of obligations of the parties under this MOU and which are not inconsistent with Section 11.
(3) No person or entity other than the Parties is party to the action, unless failure to join a third Party would deprive the court of jurisdiction. (4) If an award is affirmed, judgment shall be entered in conformity therewith.

The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action and may be enforced like any other judgment of the court in which it is entered.
(d) Actions. The express waivers and consents provided for in this Section shall only extend to the following: civil actions specifically arising under this MOU; civil actions to compel arbitration; civil actions to determine whether a matter is subject to arbitration or determine the scope of the arbitration; any arbitration proceeding as provided herein; and any action to confirm or enforce any judgment or arbitration award as provided herein. Except as stated herein or elsewhere in this MOU, no other waivers or consents to be sued, either express or implied, are granted by either party.
(e) Other Dispute Resolutions. This Section may not be construed to waive, limit, or restrict the ability of the Parties to pursue, by mutual agreement, any other method of dispute resolution, including, but not limited to, utilization of a technical advisor to the Parties; provided, however, that no Party is under an obligation to agree to such alternative method of dispute resolution.

9. Damages. The Parties hereby agree that, in the event of default, any damages awarded or arising under this MOU shall be exclusively limited to actual direct damages incurred and which have been demonstrated with substantial certainty. In no instance shall the Parties be entitled to special, incidental, indirect, consequential or punitive damages, lost profits or attorney’s fees. By acceptance and execution of this MOU, the Parties hereby agree that the only monetary damages contemplated by them as arising from this MOU are actual or direct damages.

10. Representations and Warranties.

Each Party represents, warrants and covenants to the other party as follows:
(a) Authority. Such Party has the legal power and authority to execute and deliver this MOU and to perform its obligations under this MOU.
(b) Due Authorization. The approval, execution, and delivery of this MOU, and the performance by such Party of its obligations under this MOU, have been authorized by all requisite actions of such Party.
(c) Due Execution and Delivery. The persons executing this MOU on behalf of such Party are duly authorized to execute and deliver this MOU on behalf of such Party. (d) No Conflict. The approval, execution, delivery and performance of this MOU does not conflict with any other agreement to which such Party is a party and does not violate or require any action which has not been taken under any law, statute, rule, regulation, ordinance, general plan, tribal law, specific plan or court order or decree applicable to such Party. #17..
- 810 -
6 11. Notices. Any notices required or permitted hereunder shall be in writing and may be personally delivered, or delivered via the U.S. Postal Services, first class postage prepaid, or by a reputable overnight delivery service (such as U.S. Express Mail, Priority Mail, Federal Express, UPS, or DHL), addressed as follows or to such other place as each Party may designate by subsequent written notice to each other:

For the City:

City of Modesto
Attention: Community Development Manager
Community and Economic Development Department
1010 10th Street, Suite 6100
Modesto, CA 95354
For the County:

Community Services Agency
Attention: Contracts Manager
P O Box 42
Modesto, CA 95353
Or
[email protected]
For DST:

Downtown Streets, Inc.

Attention: Chief Operations Officer
1671 The Alameda #306
San Jose, CA 95126
Or
[email protected]

12. General Provisions.
(a) Further Assurances. The Parties shall cooperate with each other and execute such instruments or documents and take such other actions as may reasonably be requested from time to time in order to carry out, evidence or confirm their rights or obligations under this MOU.
(b) Modification. No provision of this Agreement shall be amended, modified, or waived other than by an instrument in writing signed by authorized representatives of the Parties. (c) Enforceability. This MOU constitutes the legal, valid and binding obligation of each Party, enforceable against such Party, and its successors and assigns, in accordance with its terms, and, once executed and delivered, cannot be invalidated pursuant to any subsequent action of any Party, as applicable.
(d) Waivers. A waiver of any breach of any provision of this MOU shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision operate as a waiver of such provision or of any other provisions.
(e) Governing Law. This MOU shall be governed by, and construed in accordance #17..
- 811 -
7 with, the laws of the State of California, excluding choice of law rules. (f) Construction of Agreement. This MOU, including all recitals, together with all Exhibits, constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, drafts regarding this MOU, whether written or oral. In the event of a dispute between the Parties as to the language of this MOU or any amendment to this MOU or the construction or meaning of any term contained in this MOU or any amendment to this MOU, this MOU or any amendment to this MOU shall be deemed to have been drafted by the Parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed against, or in favor of, either party based on the preparation or negotiation of this MOU or any amendment to this MOU. The headings contained in this MOU are for convenience of reference only and shall not effect this MOU’s construction or interpretation. (g) Binding Agreement. This MOU is intended to be, and shall be construed to be, binding upon the Parties and all successors and successors-in-interest of each party, including all officers, agents and employees.

IN WITNESS WHEREOF, the Parties have executed this MOU as of the effective date set forth above.

COUNTY OF STANISLAUS

COMMUNITY SERVICES AGENCY
By:

Christine Huber, MSW
Director
APPROVED AS TO FORM:

County Counsel
By:

Maria Elena Ratliff
County Counsel
#17..
- 812 -
8 CITY OF MODESTO
By:

Joseph P. Lopez
City Manager
City of Modesto, State of California
ATTEST: , City Clerk of the City
Modesto, State of California
By:

City Clerk
APPROVED AS TO FORM:

Jose M. Sanchez,
City Attorney
By:

City Attorney
DOWNTOWN STREETS, INC.

By:

Chief Executive Officer
#17..
- 813 -
9 EXHIBIT A
Scope of Work for City of Modesto Funding
The Downtown Streets Team (DST) shall serve and maintain a standing team of a minimum of 50 team members. With appropriate safety, confidentiality and general training on the required responsibilities from the City and County, the DST shall be responsible for transportation to the work site, when transportation is required, and shall be responsible for performing the following duties. City shall provide a monthly work schedule seven (7) days in advance of the first of each month.

The Scope of Work for the Downtown Streets Program is as follows:

Reporting

1. The Downtown Streets Team will measure, and provide outcome reports as scheduled by the City on the following:
a. Number of barriers (vital documents, legal, medical, etc) removed per client b. Number of clients placed into permanent employment
c. Duration of program enrollment and reasons for not graduating from program d. Average wage upon job placement of clients
e. Number of clients placed into permanent housing
f. Amount of debris (measured in pounds) and number of needles removed g. Percentage of Team Members with positive outcomes regarding health, mental health, substance abuse treatment, and criminal justice system interactions h. Team Member satisfaction
Outreach and Engagement

1. DST will reach out to and directly engage unsheltered individuals in parks, on streets, and along waterways to provide information and available resources for people experiencing homelessness.

2. DST members will provide information and other resources based on a variety of resources that are made available by the County of Stanislaus, City of Modesto, nonprofits, and other stakeholders that may help address a disability, mental health, substance abuse, housing, shelter, or related issue.

Litter Abatement

1. DST shall beautify the streets, parks and public spaces throughout the City of Modesto.

As resources become available from the County, areas outside of the City of Modesto will be considered.

2. DST shall manually gather trash and debris in areas as assigned by City, bag and pile litter and place the bags in areas as assigned by City.

3. DST will provide bags for the containment of litter and additional equipment for projects in areas as assigned by City.

4. With the appropriate equipment provided by DST, DST shall gather and load green waste and related debris for abatement into a loader, and it also may require dragging green waste, wood, brush, and tree limbs, and stacking it in a uniform pile for abatement. This work may also require raking, shoveling, and sweeping.

5. With appropriate equipment from DST, DST may be required to remove weeds as assigned by City.
#17..
- 814 -
10 6. DST will provide bags for the containment of litter and additional equipment for projects in Parks.

General Requirements

1. Homeless and low-income people (Team Members) volunteer and work collaboratively on beautification projects around the community. Team Members will pick up litter, needles, trash, and encampment debris and other such garbage items in the Program area as identified by the City while outreaching to individuals experiencing homelessness.

2. Team Members will receive a basic needs stipend, while receiving case management and employment services that provides a meaningful daily activity, personal and professional growth, and work experience for Team Members. The stipend cards cover everything from bus passes, phone service, and food, to medication and enrollment fees for employment training courses. This needed support of case management and stipend cards helps someone go from survival mode to goal-setting mode.

3. Downtown Streets Team will host a weekly success meeting to serve as a consistent check-in point for existing Team Members, an entry point for people interested in joining the Team and offer a venue to provide housing resources and job leads.

4. The Downtown Streets Team will work with existing housing and shelter providers, other service providers (medical, legal, etc.), employers and local government agencies to remove barriers to self-sufficiency for every Team Member.

5. The Program operates in four-hour shifts and assumes five-day work weeks. The Program operates 50 weeks out of the year. Team Members do not volunteer in inclement weather or when exposure to airborne illness is likely because of the health risk inherent due to lack of housing. Team Members receive their stipend for meeting with supportive service staff, attending interviews, trainings and other employment readiness activities. They also do not volunteer during observed holidays or during periods of inclement weather. A list of these holidays can be provided to funding agencies and partners.

6. DST shall furnish all equipment, tools, materials and supplies including Personal Protective Equipment, and trash bags to perform the Scope of Work.

7. DST shall immediately contact City in the event that personal property is found.

8. DST agrees to notify City before 8:30 AM on the days that DST is unable to work due to inoperable equipment, illness, or any other reason and submit a revised work schedule for review and consideration.

9. The DST shall be responsible for training additional team members who are not present for the training conducted by the City.

10. The Downtown Streets Team shall be responsible for raising funds throughout the term of this agreement and shall provide monthly reports on the status of funds raised to the City and County. Downtown Streets Team shall be responsible for fundraising 40% of their total budget within the 3-year period.
#17..
- 815 -
11 #17..
- 816 -
12 EXHIBIT B
Downtown Streets Team Program Budget
Modesto
2022-2025
Description
Consolidated CITY HDAP

0.00 0.00 0.00

0.00 0.00 0.00

0.00 0.00

0.00 0.00 0.00 0.00

0.00 0.00
900,000.00 700,000.00 200,000.00
900,000.00

0.00 0.00
700,000.00 200,000.00

0.00 0.00 0.00

0.00 0.00 0.00 0.00
Revenues
Unrestricted - Public Support
Contributions
40500 - Individual Donations
41090 - Corporate Matching
40150 - Donation - Stock
Grants/Foundations
40340 - Grants/Foundations
Unrestricted
Unrestricted - Other Revenue
Program Revenue
40334 - Government Grants
40335 - Contribution - Contracts
40200 - Exchange Services
Rental Income
44000 - Rental Income
Miscellaneous Income
46350 - Discounts received on
Prepaid Vouchers 0.00
Revenue Total 900,000.00 700,000.00 200,000.00
457,870.37 312,607.37 145,263.00
372,252.33 254,152.33 118,100.00
372,252.33 254,152.33 118,100.00
85,618.04 58,455.04 27,163.00
85,618.04

0.00 Payroll Costs
Salaries
51100 - Salaries & Wages
Payroll Taxes & Benefits
55100 - Health Insurance
55400 - Workers Compensation
55520 - 401k Match 0.00
58,455.04 27,163.00
#17..
- 817 -
13 Costs
56236 - Associated Employment
63100 - Professional Fees - P/R
Processing
53100 - Payroll Taxes
Non-Labor Expenses
Professional Fees
61410 - Professional Fees - General
61450 - Professional Fees - STE
Program Related Expenses
63150 - Program Outreach Services
62205 - Supplies - Program
64050 - Client Events Expenses
63210 - Client Flexible Fund
Expenses
Fundraising Expenses
61250 - Marketing & Advertisement
64000 - General Fundraising Event
Expenses
Occupancy
64120 - Rent - Admin Office
64125 - Rent - Admin Programs
66201 - Utilities - Electric, Water
Insurance
64310 - Insurance - Professional
Liability
Expense
65762 - Licenses & Insurance
Office Expenses
62260 - Printing
64500 - Telephone & Internet
61621 - Awards & Recognition
62250 - Postage & Delivery
62202 - Supplies - Office
62280 - Meals & Entertainment
64600 - Computer Expenses
62285 - Networking Expenses
65150 - Licenses, Taxes and Fees
85100 - Licenses
63110 - Online processing fees
Transportation
60420 - Transportation & Mileage
60425 - Travel Expenses
65763 - Auto - Parking

0.00 0.00

0.00 442,129.63 387,392.63 54,737.00

0.00 0.00 0.00

0.00 0.00
4,500.00 4,500.00 0.00

0.00 2,500.00
2,000.00
2,500.00
2,000.00

0.00 1,400.00 200.00 1200.00
1,400.00 200 1200

0.00 17,926.96 13,524.16 4,402.80

0.00 17,926.96 13524.16 4402.80

0.00 5,016.67 3616.67 1400.00
5,016.67 3616.67 1400.00

0.00 35,499.35 25,064.64 10,434.71
11,000.00 10000.00
6667.00
300.00
1500.00
6597.64
1000.00
5934.71
2000.00
1500.00
5,934.71

0.00 0.00
8,667.00
300.00
3,000.00

0.00 0.00
6,597.64

0.00 21,742.67 4625.00 17117.67
10,492.67 4625.00 5867.67

0.00 0.00
#17..
- 818 -
14 5,625.00
5,625.00
5625.00
5625.00
2,000.00 0.00 2000.00
2,000.00 2000.00
250.00 250.00 0.00
250.00 250
175,743.70 175,743.70 0.00
175,743.70

0.00 0.00
175,743.70

0.00 0.00 0.00

0.00 178,050.28 159,868.47 18,181.82
65764 - Auto - Repairs &
Maintenance
65765 - Auto - Gas
Meetings & Professional Development
61210 - Meetings & Training
Dues & Subscriptions
65500 - Subscriptions & Memberships
Vouchers
67100 - Vouchers - General
67110 - Vouchers - Housing
67115 - Vouchers - Other
Interest Expenses & Bank Charges
65200 - Bank Fees and Charges
Overhead Allocation to Funds
69000 - OVERHEAD ALLOCATION

TO FUNDS
Reserve
178,050.28 159,868.47
$
18,181.82
Expenses 900,000.00 700,000.00 200,000.00
#17..
- 819 -
Community Development Block Grant
Public Service Subrecipient Agreement
(July 1, 2022 through June 30, 2023)
THIS AGREEMENT, made and entered into as of _____________________________, 2022, by and between the CITY OF MODESTO, a municipal corporation of the State of California, as the recipient of the COMMUNITY DEVELOPMENT BLOCK GRANT, hereinafter referred to as (“CITY”), and Downtown Streets Inc., a California nonprofit public benefit corporation, hereinafter referred to as (“SUBRECIPIENT”).

WITNESSETH WHEREAS, CITY has received a Community Development Block Grant from the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301, et seq.; the Act; Catalog of Federal Domestic Assistance (CFDA) number 14.218)”; and WHEREAS, pursuant to such grant, CITY is undertaking certain programs and services necessary for the planning, implementation, or execution of such Community Development Block Grant; and
WHEREAS, CITY desires to engage SUBRECIPIENT to render certain services, programs, or assistance in connection with such undertaking of the «Funding_Source_Spelled», as described in Appendices A, and B; and
WHEREAS, Resolution ______ adopted by the Council of the CITY on August 9, 2022 determined and resolved that the SUBRECIPIENT should be utilized to implement the Community Development Block Grant, a copy of which Resolution is attached hereto as Exhibit A and hereinafter incorporated by reference to this Agreement.

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I. SCOPE OF WORK:

SUBRECIPIENT shall perform all the necessary services provided under this Agreement in accordance with and respecting the following activities as set forth in Appendices A, and B as described in the Application for Funding and incorporated herein by reference:

DST Job Training Program. The SUBRECIPIENT will be responsible for administering the activity described herein consistent with all the provisions of this Agreement and with the requirements of Title 24 Code of Federal Regulations, Part 570 for the U.S.

Department of Housing and Urban Development concerning «Funding_Source_Spelled» and all applicable federal requirements to carrying out CDBG activities. SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
#17..
- 820 -

FY 2022-23 Public Service Agreement
II. TERM OF AGREEMENT:

Unless terminated earlier due to default or insufficiency of funds, this Agreement shall have a term commencing July 1, 2022 and ending June 30, 2023. SUBRECIPIENT shall undertake and complete its services under this Agreement in such sequence and in such a manner to assure completion with the term of the Agreement.

The maximum amount of funding to be disbursed to SUBRECIPIENT for this term is Fifty Thousand Dollars and No Cents ($50,000).

III. FUNDING:

SUBRECIPIENT shall be disbursed up to a total consideration of Fifty Thousand Dollars and No Cents ($50,000) for full performance of the services specified under this Agreement, in conformity with the approved and executed budget document which is attached to this Agreement as Appendices A and B, and incorporated herein by reference. Disbursement is dependent upon SUBRECIPIENT providing all required documentation. If projects or services fail to comply with federal requirements, SUBRECIPIENT could be required to repay any or all compensation or shall not be paid for said projects or services. The amount set forth in this section is not a guarantee of the compensation that SUBRECIPIENT receive, but rather is merely a limit of potential CITY expenditures under this Agreement. SUBRECIPIENT will be paid for services actually performed in accordance with the requirements of this Agreement.

Federal award identification information regarding the funding provided to SUBRECIPIENT by this Agreement, as required by 24 CFR 200.332, is included in Exhibit B, attached hereto and incorporated herein.

IV. DRAW DOWN OF FUNDS:

Draw down of funds shall be determined between the CITY and the SUBRECIPIENT, as stated in the Appendices A and B.

In every case, payment will be made subject to receipt of a written requisition for payment from SUBRECIPIENT specifying and certifying that such expenses are in conformance with this Agreement and SUBRECIPIENT is entitled to receive the amount requisitioned under the terms of the Agreement. To comply with 2 CFR 200.415, with each requisition for payment, an official authorized to bind SUBRECIPIENT shall certify that “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” #17..
- 821 -

FY 2022-23 Public Service Agreement
a. SUBRECIPIENT agrees that the General Provisions for Selected Items of Cost (2 CFR 200.420-200.475) shall be used to determine the allow-ability of invoiced costs.
b. Requisitions for Payment will be dispersed upon request provided that:
i. The Requisition for Payment is submitted with an original authorized signature;
ii. That all Requisitions for Payment are accompanied with supporting documentation verifying all costs are specific to carrying out the Agreement Scope;
iii. That a Budget Amendment Form be requested from City, and if approved by City, be returned with an original authorized signature for any Requisition for Payment that varies from the original approved Project Budget. City Approval of the budget amendment will be evaluated based on the nature of the request in comparison to the contract scope, and shall be subject to prior-approval by HUD, if required, pursuant to 2 CFR 200.308. The City of Modesto will only allow two Budget Amendments during the contract period, but no later than _______.
c. SUBRECIPIENT shall not claim reimbursement from CITY for (or apply sums received from the CITY with respect to) that portion of any of its obligations which has been or should be paid by another source.
d. SUBRECIPIENT shall be reimbursed only for eligible expenses incurred during the specified time period of the Agreement.
e. SUBRECIPIENT shall submit any outstanding claims for reimbursement under this Agreement within ten (10) days after the ending date of the contract. All claims submitted after ten (10) days following the ending date of the Agreement will not be eligible for reimbursement by the CITY.
f. SUBRECIPIENT shall notify CITY in writing of all authorized personnel who shall be empowered to file requests for payment and pick up reimbursement checks pursuant to the Agreement.
g. Disbursement of funds may be withheld if periodic (Quarterly) activity reports are not provided according to this Agreement.
h. Upon receipt of payment of its final written requisition, SUBRECIPIENT shall have no entitlement to any unused funds.
#17..
- 822 -

FY 2022-23 Public Service Agreement
V. USE OF FUNDS:

Use of funds received pursuant to this Agreement shall be in accordance with the requirements of the Housing and Community Development Act of 1974 (as amended), 24 CFR Part 570, and other federal requirements governing the Community Development Block Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. In addition, SUBRECIPIENT agrees to comply with other applicable laws including but not limited to Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Executive Order 11063.

Furthermore, any funded activity must be designed or so located as to principally benefit lowand moderate-income persons, aid in the prevention or elimination of slums or blight or meet urgent community development needs, as defined in the program guidelines.

SUBRECIPIENT shall administer all activities provided for this Agreement in a manner consistent with such rules and regulations, including the Community Development Block Grant Operations Manual, as shall from time to time be promulgated by the U.S.

Department of Housing and Urban Development, insofar as such rules and regulations do not conflict with applicable law or the terms of this Agreement. SUBRECIPIENT shall use Community Development Block Grant funds for the services described in Appendix A, in the manner described in Appendix B of the Agreement.

SUBRECIPIENT shall administer all activities provided for in this Agreement in accordance with 24 CFR § 570 et seq and all other applicable federal state or local laws, rules or regulations. Without limiting the forgoing, the SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S.

Housing and Urban development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) the ORGANIZATION does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52.

If SUBRECIPIENT contracts with any subconsultant for the purpose of carrying out any part of the services set forth in Appendices A and B, SUBRECIPIENT shall require such subconsultant(s) to comply with all applicable CDBG Regulations (as set forth in this Agreement and 24 CFR Part 570 et seq.), including but not limited to, reporting requirements. SUBRECIPIENT shall ensure it collects all required information from the subconsultant(s) in order for SUBRECIPIENT to satisfy its reporting obligations as set forth herein.

VI. DUPLICATION OF BENEFITS:

SUBRECIPIENT shall not use funds available under this Agreement to pay for costs that have already been paid for, or will be paid for, by another Federal program, insurance, or other sources. By signing this Agreement SUBRECIPIENT attests that it has not received funds from any other source to pay for the activities set forth in Appendices A and B that will be paid for by the funds provided under this Agreement. SUBRECIPIENT #17..
- 823 -

FY 2022-23 Public Service Agreement
acknowledges and agrees that if SUBRECIPIENT uses the funds under this Agreement to pay for costs that have already been paid for, or will be paid for, by another source, SUBRECIPIENT shall repay the funds provided under this Agreement to the CITY.

Initials of Authorized Representative of SUBRECIPIENT: _______ VII. SUBRECIPIENT shall maintain an updated and valid Unique Entity Identifier (UEI) number, which requires registering with Sam.gov.

VIII. COST PRINCIPLES, UNIFORM ADMINISTRATIVE REQUIREMENTS, AND PROGRAM INCOME:

SUBRECIPIENT will comply and follow the requirements set forth in 24 CFR part 84 and 2 the standards of 2 CFR part 200 “Uniform Administrative Requirements, Cost Principles, and Requirements for Federal Awards”, as now in effect and as may be amended from time to time, as applicable. The use of Community Development Block Grant funds must be accounted for separately with all the expenditures clearly identified including all supporting documentation. Program income, as that term is defined in CDBG Regulations, derived from this project/activity, if any, shall revert to CITY for use in the Community Development Block Grant funds, unless otherwise indicated in Appendices A or B.

IX. Unless otherwise provided in another exhibit to the Agreement, the SUBRECIPIENT shall provide at its sole cost and expense, all office space, supplies, equipment, vehicles, reference and other written materials, and telephone service as is necessary for SUBRECIPIENT to provide the services under the Agreement.

X. ASSIGNMENT:

Without written consent of CITY, this Agreement is not assignable by SUBRECIPIENT, whether in whole or in part.

XI. ALTERATION:

No alteration or variation in the terms of this Agreement shall be valid unless made in writing, approved and signed by the parties hereto.

XII. REVERSION OF ASSETS:

Upon expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any unused CDBG funds on hand and any accounts receivable attributable to the use of CDBG Funds in accordance with 24 CFR § 570.503(b)(7). SUBRECIPIENT shall retain furniture, equipment or any other property or assets acquired with Community Development Block Grant funds under this contract as long as there is a need for such property to accomplish the purpose of the program, whether or not the program continues to be supported by Community Development Block Grant funds. If the SUBRECIPIENT becomes insolvent, all furniture, equipment or any other property or assets purchased #17..
- 824 -

FY 2022-23 Public Service Agreement
partly or totally with Community Development Block Grant funds, shall be returned to the CITY for disposition.

XII. GENERAL TERMS AND CONDITIONS:
a. SUBRECIPIENT agrees to maintain records required by the Federal regulation specified in 24 CFR Part 570.506, and that are pertinent to the activities to be funded under this Agreement. Such records shall include, but not be limited to:
a.1. Records providing a full description of each activity undertaken; a.2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
a.3. Records required to determine the eligibility of activities; a.4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; a.5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
a.6. Financial records as required by 24 CFR Part 570.502, OMB Circular A110, and 2 CFR Part 200; and a.7. Other records necessary to document compliance with Subpart K of 24 CFR 570.
b. SUBRECIPIENT agrees to submit QUARTERLY program status reports to the CITY, and other reports as may be required. QUARTERLY, year-end and any other periodic reports that are required must be provided to the CITY within ten (10) days from the end of the reporting period
c. SUBRECIPIENT agrees to maintain racial, ethnic, gender, head of household, total household income and family size data showing the extent to which these categories or persons have participated in, or benefited from, the project and provide such data in the periodic activity/status report. A cumulative year-end report is due at the Department of Community & Economic Development Department within ten (10) days from the end of the fiscal year.
d. SUBRECIPIENT agrees that in advertisements or public notices regarding the Community Development Block Grant -funded portion of the program, that such ads or notices will include wording to the effect that the program, or a portion thereof, is funded through a Community Development Block Grant award provided by the City of Modesto. e. SUBRECIPIENT agrees to keep all necessary books and records, including personal property, personnel and financial records, in connection with the operations and services performed under this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.
#17..
- 825 -

FY 2022-23 Public Service Agreement
f. SUBRECIPIENT agrees that CITY or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. g. SUBRECIPIENT agrees to allow CITY to monitor program and allow the CITY or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine. CITY shall conduct quarterly onsite monitoring visits with the SUBRECIPIENT to review work progress. If during monitoring review CITY determines that insufficient progress has been made, it will include such information in its monitoring documentation and identify a corrective action plan. The corrective action plan shall include communication with the SUBRECIPIENT in order to ensure that all services will be delivered. If after the CITY communicates scope of work delivery concerns to the SUBRECIPIENT, the SUBRECIPIENT is not sufficiently able to ensure the CITY that there is a plan that will deliver the contracted scope of work, then CITY may recapture and reallocate funds. If monitoring visit results in sufficient evidence of adequate progress toward meeting the scope of work, then CITY will record that there is such progress in monitoring documentation forwarded to the SUBRECIPIENT.
h. SUBRECIPIENT shall develop and implement procedures to ensure: (1) the confidentiality of records pertaining to all program participants; (2) that program participants’ addresses will not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of the SUBRECIPIENT. i. SUBRECIPIENT may terminate assistance to a program participant who violates program eligibility requirements. SUBRECIPIENT may resume assistance to a program participant whose assistance was previously terminated. In terminating assistance to a program participants, SUBRECIPIENT must: (1) provide a formal process that recognizes the rights of individuals receiving assistance to due process of law with a written notice that includes (a) a clear statement of the reasons for termination; (b) a review of the decision, in which the program participant is given the opportunity to present written or oral objections before a third party; and (c) prompt written notice of the final decision to the program participants; (d) for purposes of this policy, a “Third Party” is defined as another agency staff person who has not previously evaluated the program participant for eligibility. SUBRECIPIENT must have clear written policies and procedures for the denial, discharge, or termination of program services.
j. SUBRECIPIENT agrees to provide to CITY, at SUBRECIPIENT’S cost, a certified audit performed by an accredited public accountant, of all funds received and utilized by SUBRECIPIENT, including the distribution of Community Development Block Grant funds for applicable fiscal year(s) to be delivered to CITY no later than October 1 following the end of the applicable fiscal year(s).
k. SUBRECIPIENT agrees to provide to CITY, at SUBRECIPIENT’S cost, an independent auditor’s report on compliance with requirements applicable to each major program #17..
- 826 -

FY 2022-23 Public Service Agreement
and on internal control over compliance in accordance with OMB Circular A-133, when applicable.
l. SUBRECIPIENT hereby warrants that all project records, books, papers and documents will be retained for a period of not less than five (5) years after the project terminates and grants CITY the option of retention of the project books, records, papers and documents.
m. SUBRECIPIENT agrees to obtain all necessary permits for intended activities. n. SUBRECIPIENT hereby severally warrants that it will establish and adopts safeguards to prohibit members, officers, and employees from using positions for purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Further, no member, officer, or employee of SUBRECIPIENT who exercises any functions or responsibility with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Agreement.
o. The SUBRECIPIENT shall provide at its own expense and maintain at all times, the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the Risk Manager of the CITY. SUBRECIPIENT shall submit evidence of insurance electronically via the Pacific Insurance Network Systems (PINS). The policies or certificates thereof shall provide that thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies:

Worker’s Compensation in compliance with the statutes of the State of California, plus employer’s liability with a minimum limit of liability of $1,000,000.

General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations as applicable.

Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
#17..
- 827 -

FY 2022-23 Public Service Agreement
Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to CITY, the SUBRECIPIENT shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as herein above provided. Upon failure of the SUBRECIPIENT to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the SUBRECIPIENT to obtain and/or maintain any required insurance shall not relieve the SUBRECIPIENT from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the SUBRECIPIENT concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker’s Compensation.

The Worker’s Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees and volunteers for losses arising from work performed by SUBRECIPIENT for the CITY.

The SUBRECIPIENT’s insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured, and shall be placed with insurer(s) with acceptable Best’s rating of A:

VII or with approval of the Risk Manager. The SUBRECIPIENT must deliver certificates evidencing existence of the insurance listed above to the CITY prior to the time the contract is signed.

SUBRECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general and auto liability insurance policies. In addition, SUBRECIPIENT shall provide CITY with a Workers’ Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the SUBRECIPIENT’s insurance shall be primary insurance as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the SUBRECIPIENT’s insurance and shall not contribute with it.

XIII. TERMINATION OF AGREEMENT:

The CITY may terminate this Agreement, with or without cause and at any point in time in the sole and absolute discretion of CITY, upon written notice to the SUBRECIPIENT. In #17..
- 828 -

FY 2022-23 Public Service Agreement
the event the CITY terminates this Agreement, CITY shall compensate the SUBRECIPIENT for all outstanding costs incurred for work satisfactorily completed as of the effective date of the termination. SUBRECIPIENT shall maintain adequate logs and timesheets in order to verify costs incurred to date. SUBRECIPIENT may terminate this Agreement upon breach by CITY, provided that SUBRECIPIENT has first provided CITY of the breach and then provided CITY with a reasonable opportunity to cure.

Without limiting the foregoing, CITY expressly reserves the right to terminate this Agreement upon written notification to SUBRECIPIENT under the following conditions:
a. Notification by the U.S. Department of Housing and Urban Development (HUD) to CITY that said project is ineligible because of project location, services provided, or any other reason cited by HUD.
b. Notification by HUD to CITY that said project is deficient and that continued support is not providing an adequate level of service to low-income and minority people.
c. Written notification from HUD to CITY that the program funds made available to CITY are being curtailed, withdrawn, or otherwise restricted. d. Failure of SUBRECIPIENT to submit to CITY required reports including monthly, quarterly or end of year reporting forms.
e. Failure of SUBRECIPIENT to submit to the CITY regular invoices/requisitions as stated in Appendix B
f. Failure by SUBRECIPIENT to meet project date, objectives or proposed goals/accomplishments as set forth herein.
g. Failure to comply with written notice from CITY of substandard performance in scope of service under the terms of this Agreement.
h. Expenditure of funds by SUBRECIPIENT and under this Agreement is for ineligible activities, services, or items.
i. If the SUBRECIPIENT shall fail to fulfill, in a timely and proper manner, its obligations under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, Agreements or stipulations of this Agreement, CITY shall thereupon have the right to terminate by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, which shall be at least thirty (30) days before the effective date of such termination. Without prejudice, SUBRECIPIENT agrees that prior to the termination or expiration of this Agreement upon any final or interim audit by CITY of the U.S. Department of #17..
- 829 -

FY 2022-23 Public Service Agreement
Housing and Urban Development, it shall be disclosed to be due to CITY (or shall, at CITY’s election, permit CITY to deduct such sums from whatever amounts remained undisbursed by CITY to SUBRECIPIENT pursuant to this Agreement). If this Agreement shall be terminated and it shall be disclosed upon such audit, or otherwise, that such failure has occurred, then SUBRECIPIENT shall pay to CITY whatever sums are so disclosed to, or determined by CITY, to be due to CITY. j. CITY shall have the right to terminate this Agreement with or without cause at any time upon giving SUBRECIPIENT at least thirty (30) days written notice prior to the effective date of such termination.

XIV. HOLD HARMLESS AND INDEMNITY AGREEMENT:

SUBRECIPIENT 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 the performance of this Agreement. SUBRECIPIENT's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for SUBRECIPIENT to procure and maintain a policy of insurance. The provisions of this Section shall survive the expiration of the term of this Agreement.

XV. CIVIL RIGHTS
a. Compliance
The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104{b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 ,and Executive Order 11246 as amended by Executive Orders 11375, 11478,12107 and 12086.
b. Nondiscrimination
The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations and executive orders referenced in 24CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 as amended are still applicable.
c. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.

L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this #17..
- 830 -

FY 2022-23 Public Service Agreement
contract, the SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected there on providing that the GRANTEE and the United States are beneficiaries of and entitled to enforce such covenants. The SUBRECIPIENT in undertaking its obligation to carry out the program assisted hereunder agrees to take such measures as are necessary to enforce such covenant. d. Section 504
The SUBRECIPIENT agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The GRANTEE shall provide the SUBRECIPIENT with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.

XVI. EQUAL OPPORTUNITY IN PARTICIPATION AND EMPLOYMENT:

SUBRECIPIENT agrees that no person shall, on the grounds of race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap, human immunodeficiency virus (HIV) status or any other basis prohibited by state or federal law, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to SUBRECIPIENT pursuant to this Agreement. SUBRECIPIENT shall not on the grounds of race, color, national origin, gender, sexual orientation, age, marital status, familial status, handicap, human immunodeficiency virus (HIV) status, or any other basis prohibited by state or federal law:
a. Deny any service or other benefit provided under the program or activity; b. Provide any service or other benefit which is different, or is provided in a different form from that provided to others under the program or activity;
c. Subject to segregate or separate treatment in any facility, or in any manner or process related to receipt of any service or benefit under the program or activity;
d. Restrict in any way the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit under the program or activity; e. Treat an individual differently from others in determining whether he/she satisfies any admission, enrollment, eligibility, membership or other recruitment or condition which individuals must meet in order to be #17..
- 831 -

FY 2022-23 Public Service Agreement
provided any service or other benefit provided under the program or activity; or
f. Deny an opportunity to participate in a program or activity as an employee;
Provided however, that nothing in this paragraph shall prevent SUBRECIPIENT from taking any action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons, where the purpose of such action is to overcome prior discriminatory practice or usage, and provided, further, that nothing in this paragraph shall be construed to prohibit SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities of the different genders.

In carrying out the program, SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap, human immunodeficiency virus (HIV) status, or any other basis prohibited by state or federal law. SUBRECIPIENT shall make every effort to ensure that applicants for employment are employed and employees are treated during employment, without regard to their race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap, human immunodeficiency virus (HIV) status, or any other basis prohibited by state or federal law. Such action shall include, but not be limited to, the following: employee promotion, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. SUBRECIPIENT shall post in conspicuous places, available to employees and applicants for employment, notices of this nondiscrimination clause, without regard to race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap, human immunodeficiency virus (HIV) status or any other basis prohibited by state or federal law. The SUBRECIPIENT shall incorporate the foregoing requirements of this paragraph in all of its Agreements for program work, and shall require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work.

XVII. EQUAL PARTICIPATION OF RELIGIOUS/FAITH-BASED SUBRECIPIENTS:

Under HUD, religious/faith-based organizations retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HUD funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. Religious/faith-based organizations may use space in its facilities to provide HUD-funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a HUD-funded religious/faith-based organization retains its authority over its internal governance, and it may retain religious terms in its organization’s name, select its board members on a religious basis, and include religious references in its organization’s mission statements and other governing #17..
- 832 -

FY 2022-23 Public Service Agreement
documents. An organization that participates in any HUD program shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief.

XVIII. BUSINESS AND EMPLOYMENT OPPORTUNITIES FOR LOW- AND MODERATE-INCOME RESIDENTS:

SUBRECIPIENT will conform to the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 (u)) as amended, and the HUD regulation issued pursuant thereto as 24 CFR, Part 135. This Act requires that, to the greatest extent feasible, opportunities for training and employment be given to lowand moderate-income residents of the project area.

XIX. LABOR STANDARDS:

SUBRECIPIENT shall comply with all applicable labor standards, as set forth in section 110(a) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301, et seq.). The use of volunteers shall comply with the regulations in 24 CFR Part 70.

XX. PROVISION OF THE HATCH ACT:

Neither SUBRECIPIENTS’ program nor the funds provided thereof, nor the personnel employed in the administration of the program shall be in any way or to any event engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code.

XXI. CONFLICT OF INTEREST:

SUBRECIPIENT shall comply with 2 CFR 570.611, 2 CFR 200.112 (formerly 24 CRF 84.42) and all applicable federal standards of ethical conduct, which prohibit any employee, officer, or agent of SUBRECIPIENT from participating in the selection, award, or administration of a federally funded contract if a real or apparent conflict of interest would be involved. With respect to all other decisions involving the use of Community Development Block Grant funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter.

XXII. LEAD-BASED PAINT POISONING PREVENTION:

SUBRECIPIENT agrees to uphold the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 #17..
- 833 -

FY 2022-23 Public Service Agreement
U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title apply to activities under «Funding_Source».

XXIII. DRUG-FREE WORKPLACE:

SUBRECIPIENT will maintain a drug-free workplace and will comply with all applicable Federal, State and local laws pertaining to a drug free workplace.

XXIV. PROVISION REQUIRED BY LAW DEEMED INSERTED:

Each and every position of law and clauses required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.

XXV. NOTICES:

Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which SUBRECIPIENT or CITY shall be required or may desire to make shall be in writing and may be personally served or, alternatively, sent by prepaid first-class mail to the respective parties as follows:

To CITY: CITY OF MODESTO
Community & Economic Development Department
Attn: Community Development Division
P. O. Box 642
Modesto, Ca 95353
To SUBRECIPIENT: Downtown Streets, Inc.

Attention: Chief Operations Officer
1671 The Alameda #306
San Jose, CA 95126
XXVI. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between SUBRECIPIENT and the CITY. Additional or new terms contained in this Agreement, which may vary from SUBRECIPIENT’s proposal, are controlling and are deemed accepted by SUBRECIPIENT. All previous proposals, offers, and communications relative to this Agreement, whether oral or written are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by the parties. #17..
- 834 -

FY 2022-23 Public Service Agreement
XXVII. PARTIAL INVALIDITY:

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

XXVIII. GOVERNING LAW/VENUE:

This Agreement shall be governed according to the laws of the State of California and venue shall be the Superior Court in Stanislaus County.

XXIX. AUTHORITY TO ENTER INTO AGREEMENT
The undersigned persons signing as officers on behalf of SUBRECIPIENT, and party to this Agreement, hereby severally warrant and represent that said persons have authority to enter into this Agreement on behalf of said SUBRECIPIENT and to bind the same to this Agreement, and further that said SUBRECIPIENT has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any articles of incorporation or by-laws against entering into this Agreement.

Both parties hereto in the performance of this Agreement will be acting in an independent contractor capacity and not as agents, employees, partners or joint ventures with one another. SUBRECIPIENT is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including, but not limited to medical, unemployment, or Worker’s Compensation insurance.

SIGNATURES ON FOLLOWING PAGE
#17..
- 835 -

FY 2022-23 Public Service Agreement

EXHIBIT A

RESOLUTION OF APPROVAL
#17..
- 836 -

FY 2022-23 Public Service Agreement

EXHIBIT B

FEDERAL AWARD IDENTIFICATION INFORMATION
i) SUBRECIPIENT’s name: Downtown Streets Inc.
ii) SUBRECIPIENT’s UEI Number:
iii) Federal Award Identification Number (FAIN):
iv) Federal Award Date:
v) Subaward Period of Performance Start and End Date: 07/01/2022 to 06/30/2023 vi) Amount of Federal Funds Obligated by this action by the CITY entity to the SUBRECIPIENT: $50,000
vii) Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the CITY including the current obligation:
viii) Total Amount of the Federal Award committed to the SUBRECIPIENT by the CITY:
ix) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA):
x) Name of Federal awarding agency:

Housing and Urban Development
xi) Contact information for CITY official responsible for awarding funding:

Community Development Manager
1010 10th Street Suite 3100, Modesto, CA95354
xii) CFDA Number and Name:

Not Applicable
xiii) Identification of whether the award is Research and Development (R&D):

Not Applicable
#17..
- 837 -

FY 2022-23 Public Service Agreement
Appendix A

1. National Objective Subcategory: Limited Clientele

2. Numerical Goal:

The Downtown Streets Team (DST) shall serve and maintain a standing team of a minimum of 50 team members.

3. Total Grant Award: $50,000

4. Approved Assistance Type(s): Employment Training
Proposed Outcomes Approved:

The Scope of Work for the Downtown Streets Program is as follows:

Reporting

1. The Downtown Streets Team will measure, and provide outcome reports as scheduled by the City on the following:
a. Number of barriers (vital documents, legal, medical, etc) removed per client b. Number of clients placed into permanent employment
c. Duration of program enrollment and reasons for not graduating from program
d. Average wage upon job placement of clients
e. Number of clients placed into permanent housing
f. Amount of debris (measured in pounds) and number of needles removed g. Percentage of Team Members with positive outcomes regarding health, mental health, substance abuse treatment, and criminal justice system interactions
h. Team Member satisfaction
Outreach and Engagement

1. DST will reach out to and directly engage unsheltered individuals in parks, on streets, and along waterways to provide information and available resources for people experiencing homelessness.

2. DST members will provide information and other resources based on a variety of resources that are made available by the County of Stanislaus, City of Modesto, nonprofits, and other stakeholders that may help address a disability, mental health, substance abuse, housing, shelter, or related issue.

Litter Abatement
#17..
- 838 -

FY 2022-23 Public Service Agreement

1. DST shall beautify the streets, parks and public spaces throughout the City of Modesto.

As resources become available from the County, areas outside of the City of Modesto will be considered.

2. DST shall manually gather trash and debris in areas as assigned by City, bag and pile litter and place the bags in areas as assigned by City.

3. DST will provide bags for the containment of litter and additional equipment for projects in areas as assigned by City.

4. With the appropriate equipment provided by DST, DST shall gather and load green waste and related debris for abatement into a loader, and it also may require dragging green waste, wood, brush, and tree limbs, and stacking it in a uniform pile for abatement. This work may also require raking, shoveling, and sweeping.

5. With appropriate equipment from DST, DST may be required to remove weeds as assigned by City.

6. DST will provide bags for the containment of litter and additional equipment for projects in Parks.

General Requirements

1. Homeless and low-income people (Team Members) volunteer and work collaboratively on beautification projects around the community. Team Members will pick up litter, needles, trash, and encampment debris and other such garbage items in the Program area as identified by the City while outreaching to individuals experiencing homelessness.

2. Team Members will receive a basic needs stipend, while receiving case management and employment services that provides a meaningful daily activity, personal and professional growth, and work experience for Team Members. The stipend cards cover everything from bus passes, phone service, and food, to medication and enrollment fees for employment training courses. This needed support of case management and stipend cards helps someone go from survival mode to goal-setting mode.

3. Downtown Streets Team will host a weekly success meeting to serve as a consistent check-in point for existing Team Members, an entry point for people interested in joining the Team and offer a venue to provide housing resources and job leads.

4. The Downtown Streets Team will work with existing housing and shelter providers, other service providers (medical, legal, etc.), employers and local government agencies to remove barriers to self-sufficiency for every Team Member.

5. The Program operates in four-hour shifts and assumes five-day work weeks. The Program operates 50 weeks out of the year. Team Members do not volunteer in #17..
- 839 -

FY 2022-23 Public Service Agreement
inclement weather or when exposure to airborne illness is likely because of the health risk inherent due to lack of housing. Team Members receive their stipend for meeting with supportive service staff, attending interviews, trainings and other employment readiness activities. They also do not volunteer during observed holidays or during periods of inclement weather. A list of these holidays can be provided to funding agencies and partners.

6. DST shall furnish all equipment, tools, materials and supplies including Personal Protective Equipment, and trash bags to perform the Scope of Work.

7. DST shall immediately contact City in the event that personal property is found.

8. DST agrees to notify City before 8:30 AM on the days that DST is unable to work due to inoperable equipment, illness, or any other reason and submit a revised work schedule for review and consideration.

9. The DST shall be responsible for training additional team members who are not present for the training conducted by the City.

10. The Downtown Streets Team shall be responsible for raising funds throughout the term of this agreement and shall provide monthly reports on the status of funds raised to the City and County. Downtown Streets Team shall be responsible for fundraising 40% of their total budget within the 3-year period.

5. Reporting Requirements
a. HUD recordkeeping regulations at 24 CFR Part 121 specifies the types of racial and ethnic data to be maintained. Subrecipient shall use HUD-issued “OMB Standards for Federal Data on Race and Ethnicity: HUD Policy Statement and Implementing Guidelines” that specifies the manner in which racial and ethnic characteristics are to be gathered, maintained, and submitted to City of Modesto and HUD. This format shall be utilized to collect racial and ethnic data. This format allows for selfidentification of ethnicity from one of two ethnic categories (i.e., “Hispanic/Latino” and “Non-Hispanic/Latino”) and race from one or more of five racial categories.

Observation method is described in the implementing guidelines indicated above. (Required by Title VI and Section 109 implementing regulations at 24 CFR Parts

1.6(b) and 6.10(c) and with recordkeeping requirements at 24 CFR Part 121) (Contact the City for a Copy of all Standard Forms)
b. Subrecipient shall gather, maintain, and submit racial, ethnic, gender, head of household and family, housing status and financial assistance received for each #17..
- 840 -

FY 2022-23 Public Service Agreement
program participant documentation that describes the extent to which Program beneficiaries to the activity funded by this Agreement. Beneficiaries and prospective beneficiaries shall be expected to self-identify disability status. This requirement is intended to ensure meaningful access and participation for persons with disabilities. (Required by Section 504 implementing regulations at 24 CFR Part 8.55(b) c. Subrecipient shall analyze, at least on a quarterly basis, the degree to which racial and ethnic minorities, female-headed households, persons with disabilities, as well as the categories covered in paragraph “4.b.” of this Exhibit, are participating in the activity funded by this Agreement. Where subrecipient identifies underrepresentation of any group (underrepresentation of 10% or more in participation compared to its representation in the Modesto general population is considered significant) based on race, color, national origin, gender, or disability, the subrecipient shall adjust the administration of this funded activity in an effort to promote greater equity in participation (e.g., affirmative marketing/outreach). (Required by Title VI and Section 109 implementing regulations at 24 CFR Parts 1.4 and 6.4; Section 504 implementing regulations at 24 CFR Part 8.4(b); Section 808(e)(5) of the Fair Housing Act which requires HUD-funded activities to affirmatively further fair housing; and HUD’s Civil Rights-Related Program Requirements at 24 CFR 570.601)

6. Definitions:
a. Family is defined in the Entitlement program as a group of persons residing together, and includes but is not limited to: a family with or without children, an elderly family; a near-elderly family; a disabled family; a displaced family; An individual living in a housing unit that contains no other person(s) related to him/her is considered to be a one-person family for this purpose. Adult children who continue to live at home with their parent(s) are considered to be part of the family for this purpose and their income must be counted in determining the total family income. A dependent child who is living outside of the home (for example, students living in a dormitory or other student housing) is considered for these purposes to be part of the family upon which he/she is dependent, even though he/she is living in another housing unit.
b. Household is defined in the Entitlement program as all persons occupying the same housing unit, regardless of their relationship to each other. The occupants could consist of a single family, two or more families living together, or any other group of related or unrelated persons who share living arrangements.

7. Additional Requirements:
#17..
- 841 -

FY 2022-23 Public Service Agreement
a. Subrecipients that employ fifteen (15) or more persons shall designate at least one person to coordinate efforts to comply with Section 504 requirements. Designated Section 504 (Accessibility) Coordinator shall coordinate efforts to comply with Section 504 program and physical requirements. Requirements include, but are not limited to: posting in a non-discrimination notice that includes the name and contact telephone number for the Section 504 Coordinator (notice must also be included in informational, advertising, and marketing materials); reasonable accommodation, removal of architectural barriers, policies and practices that promote access for persons with disabilities, grievance policies and procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504, etc. b. Grievance procedures shall include: 1) overseeing the investigation and resolution of complaints by the designated Section 504 Coordinator and documenting the number, nature, and outcomes of grievances; 2) notifying an individual of the right to file a complaint with the state or federal government against the City of Modesto or subrecipient without filing first with the state office; 3: displaying the name(s) and phone number(s) of the Section 504 Coordinator(s); and 4) notifying applicants, participants, and beneficiaries of its grievance policy on all forms and documents used to communicate with them or when the City of Modesto or subrecipient’s decision may have an adverse impact to a prospective applicant, participant, or beneficiary. Subrecipient shall post the grievance policy at its office to notify applicants, participants, and beneficiaries. (Required by Section 504 implementing regulations at 24 CFR Part 8.53(a).
c. Homeless Service Providers shall participate in the local Continuum of Care’s Homeless Information Management Systems (HMIS) and shall comply with the HMIS Data Quality Standards as adopted by the local Continuum of Care. These standards include, but are not limited to: timely inputting of client-level data, utilization of standardized forms, attending required trainings, adoption of specific workflows, etc. While safe havens are exempt from these requirements, these types of organizations are still required to operate a data management system with data standards that meet or exceed HMIS data standards.
d. «Funding_Source» subrecipients shall be required to submit «MONTHLY_OR_QUARTERLY_REPORTING_REQUIREME» Consolidated Annual Performance and Evaluation Report (CAPER) Data Reports. e. City of Modesto may withhold reimbursement payment(s) in cases of noncompliance until non-compliance is cured. #17..
- 842 -

FY 2022-23 Public Service Agreement

APPENDIX B

1. Budget: Budget line items may be modified by mutual agreement with written authorization by Community Development Block Grant (CDBG) Program Manager or a City of Modesto designee.

2. Reimbursement Eligibility:
a. In order for costs to be reimbursable, costs must be reasonable, allowable, documented, and allocable. Only an executed subrecipient funding agreement authorizes these costs to be reimbursed for costs incurred during the term of the agreement. Any expenditure accrued or costs incurred prior to or after the term of the agreement will be ineligible for reimbursement.
b. City of Modesto reserves the right to hold or return reimbursement requests and disallow incurred expenses based on compliance with agreement. All financial transactions must be supported by complete and verifiable source documents.

These records must provide a clear audit trail and must be maintained as specified by federal guidelines.

3. Reimbursement Request Submission:
a. Subrecipients must use the City of Modesto’s Neighborly invoicing system for invoice and supporting documentation submission.
b. Unless Subrecipient and CITY have agreed to monthly invoicing submittal, Subrecipient must submit reimbursement requests at least once per quarter. c. Subrecipients that have agreed to submit monthly invoicing, must submit its Draw Requests no later than 10 days after the end of the month. Failure to comply with this requirement may default to a quarterly invoice if decided by CITY staff.
d. Subrecipients can continue to use their own “in-house” invoicing form which will be considered part of its invoice supporting documentation. Invoice supporting documentation must include, at a minimum, the following information:
i. Supporting Documentation must be neatly organized and bundled by approved budget line item categories (i.e. salaries, operations, etc). Each bundle must clearly identify which budget line item the documentation applies to by placing an itemized summary sheet/cover page on each bundle listing each invoice with subtotals and/or totals. ii. Staffing Costs:

1. Timesheets for each staff member charging time to the funding source must be submitted for each pay period. The City of Modesto will only reimburse time/salary for job
positions/personnel identified and approved within the
application for funding. If at any time during the contract period #17..
- 843 -

FY 2022-23 Public Service Agreement
there is a change in program personnel within the approved job position, Subrecipient must notify the City of Modesto of the change and request City approval to fund new personnel;

2. Allowable time charged to the grant for each CITY approved position will be limited to the number of hours allocated to the project as listed in the application.

3. Staff and her/his manager must sign timesheets;

4. Timesheets must reflect the total time worked each day with the amount of City of Modesto Community Development Block Grant time being charged to this grant clearly identified. Only Community Development Block Grant hours worked will be paid, based on the hourly rate approved at the time of application; supporting documentation of pay increases during the program year for staff covered by the grant must be submitted (e.g. Human Resources pay rate increase documentation and/or other
equivalent documentation that demonstrates a pay rate increase was processed and approved).

5. If the employee is hourly pay exempt, salary will be allocated based on the hours worked. If the total number of hours worked is not listed, then hourly rate will be based on an average 40-hour work week.

6. The cost of fringe benefits in the form of employer contributions or expenses for social security; employee life, health, unemployment, and worker's compensation insurance (except as indicated in § 200.447); pension plan costs; and other similar benefits are allowable, provided such benefits are granted under established written policies. Such benefits, must be allocated to Federal awards and all other activities in a manner consistent with the pattern of benefits attributable to the individuals or group(s) of employees whose salaries and wages are chargeable to such Federal awards and other activities, and charged as direct or indirect costs in accordance with the non-Federal entity’s accounting practices.

7. The cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
(i) They are provided under established written leave policies; #17..
- 844 -

FY 2022-23 Public Service Agreement
(ii) The costs are equitably allocated to all related activities, including Federal awards; and,
(iii) The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees.

8. Bonuses are not allowable expenses. Subrecipient may pay for overtime, extra-pay shifts, and multi-shift work only with prior approval from the City of Modesto, except as follows: i) When necessary to cope with emergencies, such as those resulting from accidents, natural disasters, breakdowns of equipment, or occasional operational bottlenecks of a sporadic nature; ii) When employees are performing indirect functions, such as
administration, maintenance, or account; iii) In the performance of tests, laboratory procedures, or other similar operations which are continuous in nature and cannot reasonably be interrupted or otherwise completed.; or iv) When lower overall cost to the federal Government will result.

9. If there are more than 6 timesheets, timesheets must be summarized indicating calculation of time to the reimbursement amount requested; and

10. Proof of payment, such as a payroll register or copies of paychecks must also be included.
e. City of Modesto Community Development Block Grant funds are released on a reimbursement basis, except when authorized by the City of Modesto for advanced payment. Requested reimbursement for costs must have the City’s Standard Invoicing form with source documentation that substantiates that the costs were incurred and evidence of payment made. Payment by the City is not to be construed as final in the event it or HUD disallows any reimbursement of costs.

4. If CDBG funds are utilized to provide Financial Assistance for a housing unit to be occupied by a program participant, the housing unit shall be inspected by the City of Modesto staff for compliance with the habitability standards required for the Housing Choice Voucher program.
a. All such housing units shall be subject to a Housing Quality Standards (HQS) inspection by City of Modesto Staff.
b. SUBRECIPIENT shall notify CITY when such an inspection is required. c. SUBRECIPIENT shall give CITY a minimum 48-hour notice of said inspection need.

The CITY will make a reasonable effort to conduct an inspection as soon as #17..
- 845 -

FY 2022-23 Public Service Agreement
possible, but does not guarantee that the inspection will occur within a specific timeframe.
d. SUBRECIPIENT shall be charged a fee of $150.00 per inspection. i. The City will send an invoice to SUBRECIPIENT for each inspection; the SUBRECIPIENT may in turn bill this fee to the CDBG contract with SUBRECIPIENT’s next request for reimbursement; or
ii. Alternatively, the SUBRECIPIENT may choose to pay this fee from an alternate funding source and apply this fee as CDBG leverage. e. An inspection sheet, indicating whether the unit passed or failed, will be provided to SUBRECIPIENT within 24 hours of the inspection completion. i. All housing units intended for use of housing placement of CDBG program participants must obtain a “Pass” as the inspection result to be eligible for CDBG assistance.
f. SUBRECIPIENT is responsible for ensuring landlords are aware of and prepared for the habitability inspections.
g. Units requiring an inspection shall be inspected on an annual basis for the duration of time the unit is receiving CDBG assistance, in accordance with the protocol set forth in this section.
h. If a unit has a change of tenancy and the new tenant is to receive CDBG Financial Assistance for the unit, the unit must be re-inspected. SUBRECIPIENT shall request that the unit be re-inspected, in accordance with the requirements of this section.
i. SUBRECIPIENT shall keep a record of inspections for units receiving CDBG funding.
5150369.1
#17..
- 846 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: July 20, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: City-initiated rezone for properties located at 1601, 1625, and 1707 McHenry Avenue
CONTACT: Katharine Martin, Senior Planner, [email protected], (209) 577-5465 DESCRIPTION:

Hearing to consider a City-initiated rezone from Low Density Residential (R-1) Zone and Commercial-Industrial (C-M) Zone to Planned Development Zone P-D(615) for property located at 1601 and 1625 McHenry Ave, and a rezone from Commercial-Industrial (C-M) Zone to General Commercial (C-2) Zone for property located at 1707 McHenry Avenue. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

The proposed rezone addresses the City Council’s 2020-2025 Strategic Plan Goal E, Drive Economic Vitality, by facilitating new mixed use residential and commercial development consistent with the General Plan’s vision for this property.

BACKGROUND:

The subject properties, located at 1601, 1625 and 1707 McHenry Avenue, are zoned Commercial-Industrial (C-M). A parcel behind 1625 McHenry is zoned R-1 and was previously utilized as a parking lot for the former retail use, Longs Drugs. The C-M zoning of the properties is a legacy zone that dates from 1955 to allow for a then-existing milk processing and bottling plant that was located at 1707 McHenry Avenue, which has since been demolished. The 1707 McHenry site was redeveloped in mid-2009 with the Village West shopping center, which contains of retail uses. The area surrounding the project site is predominately developed with retail commercial, office, and single-family residential uses.

DISCUSSION:

Recognizing that the industrial uses permitted within the C-M Zone are generally incompatible with the surrounding uses the City is proposing to amend the zoning of these properties. This will allow for the continuation of existing retail and office uses on the subject properties, and would also facilitate the development of mixed uses as envisioned by the City’s General Plan. #18..
- 847 -
City Council, August 9, 2022
City-initiated rezone for properties located at 1601, 1625, and 1707 McHenry Avenue

The proposed changes would ensure that the use of these properties would be compatible with the adjacent residential and commercial uses and the majority of the McHenry Avenue corridor.

Figure 1
#18..
- 848 -
City Council, August 9, 2022
City-initiated rezone for properties located at 1601, 1625, and 1707 McHenry Avenue

There are four properties that are included in the proposed zoning change (see Figure 1).

Three of the four properties (located at 1601, 1625 and 1707 McHenry Avenue) are currently zoned Commercial-Industrial (C-M) Zone. This is the legacy zoning dating from when the sites were developed with a dairy processing plant. The fourth parcel, located to the rear of 1625 McHenry, is zoned R-1.

The property located at 1625 McHenry Avenue is the site of the former Longs Drug retail store.

In 2021, this parcel was purchased by U-Haul, who applied for a Development Plan Review (DPR) approval to allow the existing building to be utilized for a self-storage and truck rental business, which is a permitted use in the C-M Zone. U-Haul also purchased the property to the rear, which is zoned R-1; however, the property had a conditional use permit approval to allow use as customer parking for the former Longs Drug. The use of this parcel required a rezone to be consistent with the proposed commercial uses. After a delay of several months, U-Haul submitted the rezone application. The rezone application was considered by the Planning Commission on February 28, 2022. The Planning Commission voted unanimously to recommend denial of the rezone to the City Council, citing incompatibility with adjacent residential and commercial uses.

Following the Planning Commission’s action, U-Haul withdrew the rezone application. Staff informed U-Haul that they would have to revise their Development Plan Review application to reflect that they would not be utilizing the rear parcel, and that the revised application would need to meet all City standards in order to be approved. This includes the screening of truck parking and storage. To date, the application has not been modified to meet City standards, and has consequently not been approved.

The City’s approved General Plan policies encourage mixed-use (re)development, including high-quality multi-story residential, along Major Transportation Corridors, including McHenry.

The General Plan also contains a Corridor Development Concept Plan specific to this site (see Figure 2), which envisions the site redeveloping into a mixture of commercial, office and residential uses consistent with the Major Transportation Corridor policies. The current C-M zoning of this property and adjacent properties are inconsistent with this vision, as well as inconsistent with the C-2 zoning of other properties on McHenry, thereby incompatible with nearby residential development. For these reasons, staff has initiated a rezoning of this property and surrounding C-M zoned properties to zoning that will facilitate the implementation of the General Plan’s vision for this area and create zoning consistent and compatible with adjacent areas.

Staff is proposing the rezoning of 1625 McHenry Avenue, and the R-1 zoned parcel to the rear, to a new Planned Development Zone, P-D(615). This P-D Zone will allow for new mixed-use development that includes office and most commercial uses (excepting certain vehicle-related uses) and residential uses at a minimum density of 14.5 dwelling units per net acre, with a maximum height of two stories for units facing Timothy Avenue for compatibility with singlefamily residential uses across the street. Existing buildings can continue to be used for retail commercial or office uses until new mixed-use development occurs. The proposed rezone also includes the existing retail building at 1601 McHenry, as it is also zoned C-M and was included in the Corridor Development Concept Plan. This building is not necessarily expected to redevelop with mixed uses, but can continue to be used for retail or office uses within the PD(615) zone.

The proposed P-D(615) would implement the General Plan’s vision for this site as articulated in the Corridor Development Concept Plan and Major Transportation Corridor policies. It would #18..
- 849 -
City Council, August 9, 2022
City-initiated rezone for properties located at 1601, 1625, and 1707 McHenry Avenue

also align existing retail development with the underlying General Plan land use designation of Commercial (C), as industrial uses will no longer be allowed.

In addition, staff is proposing a rezoning of the adjacent property at 1707 McHenry Avenue from C-M Zone to General Commercial (C-2) Zone. This change would continue to allow the retail and office uses that have developed in the Village West shopping center on this site and would be consistent with the C-2 zoning that exists for most other properties on this stretch of McHenry Avenue.

Figure 2
FISCAL IMPACT:

There is no direct fiscal impact associated with considering the City-initiated rezone of the subject properties.

COMMITTEE RECOMMENDATION:

This item was heard at the June 20, 2022, Planning Commission. The Planning Commission voted unanimously to recommend approval of this item to the City Council.

CEQA/NEPA REQUIREMENTS:

Staff has prepared an Initial Study, Environmental Assessment No. EA/C&ED 2022-16, which concluded that the project is within the scope of the General Plan Master EIR (SCH No. 2014042081) and that pursuant to Section 21157.1 of the Public Resources Code, no new environmental review is required.

Townhomes
Alley parking
Raised porches
Mews entries
Auto access to parking
podium
Pedestrian, bike and
emergency vehicle
access w/ enhanced
pavement
Multi-family/flats front
porches and entries to
first floor units @+/-4’0”
above sidewalk
Existing retail building
to remain
McHenry Avenue
Judith Lane
Timothy Avenue
Granger Avenue
#18..
- 850 -
City Council, August 9, 2022
City-initiated rezone for properties located at 1601, 1625, and 1707 McHenry Avenue

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion introducing and waiving the first reading of an Ordinance amending Section 17-3-9 of the zoning map to rezone from low-density residential zone, R-1, and commercial industrial zone, C-M, to planned development zone, P-D(615), for property located at 1601 and 1625 McHenry Avenue (City initiated).

Motion introducing and waiving the first reading of an Ordinance amending the Zoning Map to rezone property located at 1707 McHenry Ave from Commercial-Industrial Zone to General Commercial Zone.

Resolution finding that the rezones from C-M and R-1 to P-D(615) for property located at 1601 McHenry Avenue, 1625 McHenry Avenue, and the property to the rear of 1625 McHenry Avenue, and from C-M to C-2 for the property located at 1707 McHenry Avenue, are within the scope of the Modesto Urban Area General Plan Master Environmental Impact Report (SCH NO. 2014042081).

Approved by:

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

1. Ordinance rezoning from C-M and R-1 to P-D(615)

2. Ordinance rezoning from C-M to C-2

3. Resolution finding rezonings consistent with the General Plan MEIR

4. Planning Commission Resolution No. 2022-17, June 20, 2022

5. Planning Commission Resolution No. 2022-18, June 20, 2022

6. Planning Commission Minutes, June 20, 2022

7. Planning Commission Agenda Report, June 20, 2022

8. Initial Study EA/C&ED 2022-16
#18..
- 851 -
-1-
ORDINANCE NO. -C.S.

AN ORDINANCE AMENDING SECTION 17-3-9 OF THE

ZONING MAP TO REZONE FROM LOW DENSITY
RESIDENTIAL ZONE, R-1, AND COMMERCIALINDUSTRIAL ZONE, C-M, TO PLANNED DEVELOPMENT ZONE, P-D(615), PROPERTY LOCATED AT 1601 AND 1625

MCHENRY AVENUE (CITY INITIATED)
WHEREAS, a verified application for an amendment to Section 17-3-9 of the Zoning Map was filed by the City of Modesto on May 10, 2022, to rezone from Low Density Residential Zone. R-1, and Commercial-Industrial Zone, C-M, to Planned Development Zone, PD(615) property located at 1601 and 1625 McHenry Avenue; and WHEREAS, after a public hearing held on June 20, 2022, it was found and determined by the Planning Commission that the requested zone change will not be detrimental to the public health, safety or welfare because the Commercial Industrial (C-M) Zone is a legacy zone that permits industrial uses that are not compatible with nearby residential uses, the requested zone change will result in an orderly planned use of land because the rezone will align the property with the current General Plan Corridor Development Concept for this site and allow land use compliant with the goals and policies for site development, and the requested zone change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) because the change would allow existing professional office and non-auto related retail commercial uses to remain; and WHEREAS, by Resolution No. 2022-18, adopted on June 20, 2022, the Planning Commission recommended to the Council that the application of the City of Modesto to amend Section 17-3-9 of the Zoning Map to rezone the hereinafter described property from Low #18..
- 852 -
-2-
Density Residential Zone, R-1, and Commercial-Industrial Zone, C-M, to Planned Development Zone, P-D (615), be approved.

NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:

SECTION 1. After a public hearing held on August 9th, 2022, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:

1. The requested change will not be detrimental to the public health, safety or welfare because the current Commercial Industrial (C-M) Zone is a legacy zone that permits industrial uses that are not compatible with nearby residential uses, said zone originally enacted in July of 1955 to allow for the operation of a then-existing milk processing facility that has since been demolished and redeveloped with new retail commercial and professional office uses. The requested change to Planned Development Zone, PD(615) would allow for professional office and non-auto related retail commercial uses to remain. Industrial uses would not be allowed that could be incompatible with surrounding uses.

2. The requested change will result in an orderly planned use of land because rezone will align the property with the current General Plan Corridor Development Concept for this site and allow land use compliant with the goals and policies for site development.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the change would allow existing professional office and non-auto related retail commercial uses to remain.

The Council of the City of Modesto does ordain as follows:

SECTION 2. ZONING CHANGE. Section 17-3-9 of the Zoning Map is hereby amended to reclassify the following described property from Low Density Residential Zone, R-1, and Commercial-Industrial Zone, C-M, to Planned Development Zone, P-D(615):

R-1 to P-D(615)
#18..
- 853 -
-3-
All that certain real property situates in the City of Modesto, County of Stanislaus, State of California, lying within the Southeast Quarter of Section 17, Township 3 South, Range 9 East, Mount Diablo Meridian, described as follows:

Lots 1 through 5 and the northerly 19.61 feet of Lot 6 in Block 6198 of the Hudelson Tract, recorded on December 9, 1946, in Volume 16 of Maps at Page 9, Stanislaus County Records.

Also including the southerly one-half of Judith Lane, the easterly one-half of Timothy Avenue and the 20-foot wide alley, all being immediately adjacent to the above description.

1.46 acres, more or less.

Subject to all easements and/or rights of way of record.

APN 119-005-017.

C-M to P-D(615)
All that certain real property situates in the City of Modesto, County of Stanislaus, State of California, lying within the Southeast Quarter of Section 17, Township 3 South, Range 9 East, Mount Diablo Meridian, described as follows:

All that portion of Lot 1 of the Fresno Tract being more particularly described as follows:

Commencing from the southeast corner of Lot 1 of the Fresno Tract, recorded on March 14, 1903 in Volume 1 of Maps at Page 76, Stanislaus County Records, said southeast corner also being the southeast corner of Section 17, Township 3 South, Range 9 East, North 00° 19’ 01” West a distance of 30 feet; thence North 87° 54’ 27” West a distance of 42 feet to the Point of Beginning of this description, thence the following four courses:

1. North 00° 19’ 00” West, a distance of 500 feet

2. North 88° 31’ 43” West a distance of 278 feet

3. South 00° 19’ 02” East a distance of 500 feet,

4. thence South 88° 31’ 43” East a distance of 278 feet to the Point of Beginning.

Also including the southerly half of Judith Lane, the westerly half of McHenry Avenue and the northerly half of Granger Avenue, all immediately adjacent to the above description.
#18..
- 854 -
-4-

4.1 acres, more or less.

Subject to all easements and/or rights of way of record.

APNs 119-005-003 and 119-005-004.

SECTION 3. USES. The following uses shall be permitted in said P-D(615) Zone, with proposed new development subject to consideration and approval by the Planning Commission in a public hearing prior to issuance of a building permit, in accordance to Modesto Municipal Code Title 10, Chapter 7:

1. Mixed use new development that shall include:
(a) Residential development at densities permitted in the Medium High Density Residential (R-3) Zone, and
(b) Retail commercial and office uses as permitted in the General Commercial (C-2) Zone, excluding the following vehicle-oriented uses: new and/or used vehicle rental or sales; gas stations, vehicle audio/stereo installation; vehicle repair and service; towing and service yard; recreational vehicle sales, service or storage.
(c) Proposed new development shall include residential uses of at minimum 14.5 units per net acre.
(2) Reuse of the existing retail commercial building for C-2 uses, excluding the above vehicle-oriented uses.

SECTION 4. ZONING MAP. Section 17-3-9 of the Zoning Map of the City of Modesto is amended to appear as set forth on the map attached hereto, which is hereby made a part of this ordinance by reference.

SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. #18..
- 855 -
-5-
SECTION 6. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of August, 2022, by Councilmember , who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

Sue Zwahlen, Mayor
ATTEST:

By: _______________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: ___________________________________________________ JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:

By: __________________________________________________
#18..
- 856 -
-6-
Community & Economic Development
Department, Planning Division

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 9th of August, 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

MAYOR, SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2022
#18..
- 857 -
–1–
ORDINANCE NO. -C.S.

AN ORDINANCE AMENDING SECTION 17-3-9 OF THE

ZONING MAP OF THE CITY OF MODESTO TO REZONE

FROM COMMERCIAL-INDUSTRIAL (C-M) ZONE TO
GENERAL COMMERCIAL (C-2) ZONE, PROPERTY
LOCATED AT 1707 MCHENRY AVENUE (CITY OF

MODESTO)
WHEREAS, a verified application for an amendment to Section 17-3-9 of the Zoning Map was filed by the City of Modesto on May 10, 2022, to rezone from CommercialIndustrial Zone, C-M, to General Commercial Zone, C-2, property located at 1707 McHenry Avenue; and
WHEREAS, after a public hearing held on June 20, 2022, it was found and determined by the Planning Commission that the requested zone change will not be detrimental to the public health, safety or welfare because the current Commercial Industrial (C-M) Zone is a legacy zone that permits industrial uses that are not compatible with nearby residential uses, the requested zone change will result in an orderly planned use of land because the rezone will align existing retail and professional office development with the current General Plan land use designation of Commercial (C) uses and provide for uses as allowed in the General Commercial (C-2) Zone, and the requested zone change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) because the change would allow existing professional office and retail commercial uses to remain; and WHEREAS, by Resolution No. 2022-17, adopted on June 20, 2022, the Planning Commission recommended to the Council that the application of the City of Modesto to amend Section 17-3-9 of the Zoning Map to rezone the hereinafter described property from Commercial-Industrial Zone, C-M, to General Commercial Zone, C-2, be approved. #18..
- 858 -
–2–
NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:

SECTION 1. After a public hearing held on August 9th 2022, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:

1. The requested change will not be detrimental to the public health, safety or welfare because the current Commercial Industrial (C-M) Zone is a legacy zone that permits industrial uses that are not compatible with nearby residential uses, said zone originally enacted in July of 1955 to allow for the operation of a then-existing milk processing facility that has since been demolished and redeveloped with new retail commercial and professional office uses. The requested change to General Commercial (C-2) would allow for the retail and professional office buildings to remain. Industrial uses would not be allowed that could be incompatible with surrounding uses.

2. The requested change will result in an orderly planned use of land because rezone will align existing retail and professional office development with the current General Plan land use designation of Commercial (C) uses and provide for uses as allowed in the General Commercial (C-2) Zone.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the change would allow existing professional office and retail commercial uses to remain.

SECTION 2. ZONING CHANGE. Section 17-3-9 of the Zoning Map is hereby amended to rezone the following described property from Commercial-Industrial Zone, C-M, to General Commercial, C-2:

C-M to C-2
All that certain real property situated in the City of Modesto, County of Stanislaus, State of California, lying within the Southeast Quarter of Section 17, Township 3 South, Range 9 East, Mount Diablo Meridian, described as follows:

All that portion of Lot 2 of the Fresno Tract being more particularly described as follows:
#18..
- 859 -
–3–
Beginning at the northwest corner of “Parcel A” of the Parcel Map recorded on December 21, 1966 in Volume 2 of Parcel Maps at Page 113, Stanislaus County Records, thence South 00°30’ 40” East along the west line of said “Parcel A” a distance of 419.11 feet, thence North 88° 31’ 30” West a distance of 259.39 feet, thence North 00° 30’ 00” West a distance of 411.82 feet, thence South 89° 46’ 25” West a distance of 256.71 feet to the point of Beginning.

Also including the northerly half of Judith Lane and the westerly half of McHenry Avenue immediately adjacent to the above description.

3.34 acres, more or less.

Subject to all easements and/or rights of way of record.

APN 119-005-021.

SECTION 3. ZONING MAP. Section 17-3-9 of the Zoning Map of the City of Modesto is amended to appear as set forth on the map attached hereto, which is hereby made a part of this ordinance by reference.

SECTION 4. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
#18..
- 860 -
–4–
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of August, 2022, by Councilmember , who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, Mayor
ATTEST:

By:

DIANE NAYARES, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:

By:

Community & Economic Development
Department, Planning Division
#18..
- 861 -
–5–

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 9th of August, 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

MAYOR, SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES, City Clerk
Effective Date: _________________, 2022
#18..
- 862 -
August 9, 2022/C&EDD/Katharine Martin 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION FINDING THAT THE REZONES FROM C-M AND R-1 TO PD(615) FOR PROPERTY LOCATED AT 1601 MCHENRY AVENUE, 1625 MCHENRY AVENUE, AND THE PROPERTY TO THE REAR OF 1625
MCHENRY AVENUE, AND FROM C-M TO C-2 FOR THE PROPERTY
LOCATED AT 1707 MCHENRY AVENUE, ARE WITHIN THE SCOPE OF THE

MODESTO URBAN AREA GENERAL PLAN MASTER ENVIRONMENTAL
IMPACT REPORT (SCH NO. 2014042081)
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, the City of Modesto has proposed a rezone from CommercialIndustrial (C-M) Zone and Low Density Residential (R-1) Zone to Planned Development Zone P-D(615) and a rezone from Commercial-Industrial (C-M) Zone to General Commercial (C-2) Zone, properties located at 1601, 1625 and 1707 McHenry Avenue; 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 2022-16 (“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 July 12, 2022, the City caused to be published a 20-day notice of the City’s intent to make a finding that the subsequent project conforms with the Master EIR; and #18..
- 863 -
August 9, 2022/C&EDD/Katharine Martin 2 2022-
WHEREAS, said matter was considered by the City Council at a duly noticed public hearing which was held on June 20, 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 rezone from Commercial-Industrial (C-M) Zone and Low Density Residential (R-1) Zone to Planned Development Zone P-D(615) and the proposed rezone from CommercialIndustrial (C-M) Zone to General Commercial (C-2) Zone, properties located at 1601, 1625 and 1707 McHenry Avenue, 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 #18..
- 864 -
August 9, 2022/C&EDD/Katharine Martin 3 2022-
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 9th day of August 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
#18..
- 865 -
August 9, 2022/C&EDD/Katharine Martin 4 2022-

EXHIBIT A
Initial Study
EA/C&ED 2022-16
#18..
- 866 -
RZN-22-001

PLANNING COMMISSION
RESOLUTION NO. 2022-17

A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AN
AMENDMENT TO SECTION 17-3-9 OF THE ZONING MAP TO REZONE

FROM COMMERCIAL-INDUSTRIAL (C-M) ZONE TO GENERAL
COMMERCIAL (C-2) ZONE, PROPERTY LOCATED AT 1707 MCHENRY

AVENUE (CITY OF MODESTO)
WHEREAS, a verified application for an amendment to Section 17-3-9 of the Zoning Map was filed by the City of Modesto on May 10, 2022 to reclassify from Commercial-Industrial Zone, C-M, to General Commercial, C-2, property located at 1707 McHenry Avenue described as follows:

C-M to C-2
All that certain real property situate in the City of Modesto, County of Stanislaus, State of California, lying within the Southeast Quarter of Section 17, Township 3 South, Range 9 East, Mount Diablo Meridian, described as follows:

All that portion of Lot 2 of the Fresno Tract being more particularly described as follows:

Beginning at the northwest corner of “Parcel A” of the Parcel Map recorded on December 21, 1966 in Volume 2 of Parcel Maps at Page 113, Stanislaus County Records, thence South 00°30’ 40” East along the west line of said “Parcel A” a distance of 419.11 feet, thence North 88° 31’ 30” West a distance of 259.39 feet, thence North 00° 30’ 00” West a distance of 411.82 feet, thence South 89° 46’ 25” West a distance of 256.71 feet to the point of Beginning.

Also including the northerly half of Judith Lane and the westerly half of McHenry Avenue immediately adjacent to the above description.

3.34 acres, more or less.

Subject to all easements and/or rights of way of record.

APN 119-005-021.

WHEREAS, a public hearing was held by the Planning Commission on June 20, 2022 in the Chambers, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered; and WHEREAS, the Planning Commission certifies it has received and reviewed the Initial Study, Environmental Assessment No. EA/C&ED 2022-16, which concluded that the project is within the scope of the General Plan Master EIR (SCH No. 2014042081) and that pursuant to Section 21157.1 of the Public Resources Code, no new environmental review is required.
#18..
- 867 -
Res No. 2022-17 Page 2
RZN-22-001
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds and determines as follows:

1. The proposed change will not be detrimental to the public health, safety, or welfare because the current Commercial Industrial (C-M) Zone is a legacy zone that permits industrial uses that are not compatible with nearby residential uses, said zone originally enacted in July of 1955 to allow for the operation of a then-existing milk processing facility that has since been demolished and redeveloped with new retail commercial and professional office uses. The requested change to General Commercial (C-2) would allow for the retail and professional office buildings to remain. Industrial uses would not be allowed that could be incompatible with surrounding uses.

2. The proposed change will result in an orderly planned use of land because rezone will align existing retail and professional office development with the current General Plan land use designation of Commercial (C) uses and provide for uses as allowed in the General Commercial (C-2) Zone.

3. The proposed change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the change would allow existing professional office and retail commercial uses to remain.

4. 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.

5. 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.

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

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

8. 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 Planning Commission that it recommends to the City Council that the application of the City of Modesto to amend Section 17-3-9 of the Zoning Map to reclassify the property described above, located at 1707 McHenry Avenue, from Commercial-Industrial (C-M) Zone, to General Commercial (C-2) Zone, be approved.
#18..
- 868 -
Res No. 2022-17 Page 3
RZN-22-001
The foregoing resolution was introduced at the regular meeting of the Planning Commission held on the 20th day of June, 2022, by Shanks, who moved its adoption, which motion was seconded by Vasquez and carried by the following vote:

Ayes: Birring, Pollard, Shanks, Vasquez, Vohra, Morad
Noes: None

Absent: Silva
Recused: None
BY ORDER OF THE PLANNING COMMISSION OF THE CITY OF MODESTO.

Original, signed copy on file in CEDD
Steve Mitchell, Secretary
#18..
- 869 -
PDZ-22-001

PLANNING COMMISSION
RESOLUTION NO. 2021-18

A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO SECTION 17-3-9 OF THE ZONING MAP TO REZONE FROM LOW DENSITY RESDIENTIAL (R-1) ZONE AND COMMERCIAL-INDUSTRIAL (C-M) ZONE, TO PLANNED DEVELOPMENT ZONE, P-D(615) PROPERTY LOCATED ON THE WEST

SIDE OF MCHENRY AVENUE BETWEEN WEST GRANGER AVENUE AND JUDITH

LANE (CITY OF MODESTO)
WHEREAS, a verified application for an amendment to Section 17-3-9 of the Zoning Map was filed by the City of Modesto on May 10, 2022, to rezone from Low Density Residential (R-1) Zone and Commercial-Industrial (C-M) Zone to Planned Development Zone, P-D(615), to allow for mixed uses including multi-family residential uses, property located on the west side of McHenry Avenue between West Granger Avenue and Judith Lane, described as follows:

C-M to P-D(615)
All that certain real property situate in the City of Modesto, County of Stanislaus, State of California, lying within the Southeast Quarter of Section 17, Township 3 South, Range 9 East, Mount Diablo Meridian, described as follows:

All that portion of Lot 1 of the Fresno Tract being more particularly described as follows:

Commencing from the southeast corner of Lot 1 of the Fresno Tract, recorded on March 14, 1903 in Volume 1 of Maps at Page 76, Stanislaus County Records, said southeast corner also being the southeast corner of Section 17, Township 3 South, Range 9 East, North 00° 19’ 01” West a distance of 30 feet; thence North 87° 54’ 27” West a distance of 42 feet to the Point of Beginning of this description, thence the following four courses:

1. North 00° 19’ 00” West, a distance of 500 feet

2. North 88° 31’ 43” West a distance of 278 feet

3. South 00° 19’ 02” East a distance of 500 feet,

4. thence South 88° 31’ 43” East a distance of 278 feet to the Point of Beginning.

Also including the southerly half of Judith Lane, the westerly half of McHenry Avenue and the northerly half of Granger Avenue, all immediately adjacent to the above description.

4.1 acres, more or less.

Subject to all easements and/or rights of way of record.

APNs 119-005-003 and 119-005-004.
#18..
- 870 -
Res. No. 2022-18 Page 2
PDZ-22-001
R-1 to P-D(615)
All that certain real property situate in the City of Modesto, County of Stanislaus, State of California, lying within the Southeast Quarter of Section 17, Township 3 South, Range 9 East, Mount Diablo Meridian, described as follows:

Lots 1 through 5 and the northerly 19.61 feet of Lot 6 in Block 6198 of the Hudelson Tract, recorded on December 9, 1946 in Volume 16 of Maps at Page 9, Stanislaus County Records.

Also including the southerly one-half of Judith Lane, the easterly one-half of Timothy Avenue and the 20-foot wide alley, all being immediately adjacent to the above description.

1.46 acres, more or less.

Subject to all easements and/or rights of way of record.

APN 119-005-017.

WHEREAS, a public hearing was held by the Planning Commission on June 20, 2022, in Chambers, 1010 Tenth Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered; and WHEREAS, the Planning Commission certifies it has received and reviewed the Initial Study, Environmental Assessment No. EA/C&ED 2022-16, which concluded that the project is within the scope of the General Plan Master EIR (SCH No. 2014042081) and that pursuant to Section 21157.1 of the Public Resources Code, no new environmental review is required.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that it hereby finds and determines as follows:

1. The proposed change will not be detrimental to the public health, safety, or welfare because the current Commercial Industrial (C-M) Zone is a legacy zone that permits industrial uses that are not compatible with nearby residential and commercial uses, said zone originally enacted in July of 1955 to allow for the operation of a then-existing milk processing facility that has since been demolished. The proposed change to Planned Development Zone would facilitate mixed use development including commercial and residential uses that are compatible with existing surrounding development.

2. The requested change will result in an orderly planned use of land because the rezone will align existing retail development with the current General Plan land use designation of Commercial (C) uses, and allow for #18..
- 871 -
Res. No. 2022-18 Page 3
PDZ-22-001
mixed use development including commercial and multi-family residential uses.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the change would facilitate mixed-use development as outlined by the Major Transportation Corridors polices in Chapter III, Section 3 of the General Plan, which encourages mixed-use infill projects including commercial and high-quality multi-story residential development within the Planned Development rezone area.

4. 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.

5. 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.

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

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

8. 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 Planning Commission that it recommends to the Council as follows:

SECTION I
That Section 17-3-9 of the Zoning Map be amended to rezone from Low Density Residential (R-1) Zone and Commercial-Industrial (C-M) Zone to Planned Development Zone, P-D(615), the above-described property in accordance with the following conditions:

1. Proposed new development within the Planned Development Zone PD(615) shall be subject to consideration and approval by the Planning Commission in a public hearing prior to issuance of a building permit, in accordance to Modesto Municipal Code Title 10, Chapter 7.

2. Proposed new development shall include residential uses of at minimum

14.5 units per net acre.

3. Upon redevelopment, all existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as #18..
- 872 -
Res. No. 2022-18 Page 4
PDZ-22-001
required by the City Engineer or designee. Easements for utilities, irrigation, and electrical lines to remain shall be reserved as required.

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

5. 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 and shall cooperate fully in the defense.

SECTION II
BE IT FURTHER RESOLVED that the following uses shall be authorized in said Planned Development Zone:

1. Mixed use new development that shall include:
a. Residential development at densities permitted in the Medium High Density Residential (R-3) Zone, and;
b. Retail commercial and office uses as permitted in the General Commercial (C-2) Zone, excluding the following vehicle-oriented uses:
new and/or used vehicle rental or sales; gas stations, vehicle audio/stereo installation; vehicle repair and service; towing and service yard; recreational vehicle sales, service or storage.

2. Reuse of the existing retail commercial building for C-2 uses, excluding the above vehicle-oriented uses.

SECTION III
BE IT FURTHER RESOLVED by the Planning Commission that it recommends to the City Council that they adopt a resolution certifying that the rezoning is within the scope of the General Plan EIR.

The foregoing resolution was introduced at the regular meeting of the Planning Commission held on the 20th day of June, 2022, by Shanks, who moved its adoption, which motion was seconded by Vasquez and carried by the following vote:

Ayes: Birring, Pollard, Shanks, Vazquez, Vohra, Morad
Noes: None

Absent: Silva
Recused: None
#18..
- 873 -
Res. No. 2022-18 Page 5
PDZ-22-001
BY ORDER OF THE PLANNING COMMISSION OF THE CITY OF MODESTO.

Original, signed copy on file in CEDD
Steve Mitchell, Secretary
#18..
- 874 -
City of Modesto Planning Commission
Minutes
June 20, 2022
1 Being the hour of 6:00 pm, the meeting was called to order by Chairperson Vohra.

I. ROLL CALL
Commissioners Birring, Morad, Pollard, Shanks, Vazquez and Vohra present Commissioners Silva absent
MOTION
It was moved by Commissioner Pollard, seconded by Commissioner Birring, and carried unanimously that Commissioner Silva be excused from this meeting.

II. APPROVAL OF MINUTES
It was moved by Commissioner Shanks, seconded by Commissioner Pollard, and carried by majority that the minutes of the regular meeting of June 6, 2022, be approved.

Commissioner Vohra abstained due to being absent from the meeting.

III. CONFLICT OF INTEREST DECLARATION
None
IV. PUBLIC HEARINGS
Item A RZN-22-001/PDZ-22-001 – City-initiated Rezone from Commercial-Industrial (CM) Zone to General Commercial (C-2) Zone, and rezone from Low Density Residential (R-1) Zone and Commercial-Industrial (C-M) Zone to Planned Development Zone P-D(615)
Contact Info: Katharine Martin, 577-5267 [email protected] Motion/Action (Approved)
It was moved by Commissioner Shanks, seconded by Commissioner Vasquez, and carried unanimously (Birring, Pollard, Shanks, Vazquez, Vohra, Morad, ayes; None, noes; Silva, absent; None, recused) that the Planning Commission adopt Resolution No. 2021-17 A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO SECTION 17-3-9 OF THE ZONING MAP TO

REZONE FROM COMMERCIAL-INDUSTRIAL (C-M) ZONE TO GENERAL COMMERCIAL (C-2) ZONE, PROPERTY LOCATED AT 1707 MCHENRY AVENUE (CITY OF MODESTO)
Motion/Action (Approved)

IT WAS MOVED BY COMMISSIONER SHANKS, SECONDED BY

COMMISSIONER VASQUEZ, AND CARRIED UNANIMOUSLY (BIRRING, POLLARD, SHANKS, VAZQUEZ, VOHRA, MORAD, AYES; NONE, NOES; SILVA, ABSENT; NONE, RECUSED) THAT THE PLANNING COMMISSION ADOPT RESOLUTION NO. 2021-18 A RESOLUTION RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO SECTION 17-3-9 OF THE ZONING MAP

TO REZONE FROM COMMERCIAL-INDUSTRIAL (C-M) ZONE TO GENERAL COMMERCIAL (C-2) ZONE, PROPERTY LOCATED AT 1707 MCHENRY

AVENUE (CITY OF MODESTO)
#18..
- 875 -
Planning Commission Minutes 2 Add Meeting Date
V. OTHER BUSINESS
None.

VI. ORAL COMMUNICATIONS
None.

VII. MATTERS TOO LATE FOR THE AGENDA
None.

VIII. ADJOURNMENT
The meeting was adjourned at 6:30 pm.

Original, signed copy on file in CEDD
Steve Mitchell, Secretary
#18..
- 876 -
ITEM A
Planning Commission Agenda Report June 20, 2022
Public Hearing Item A Page 1

CITY OF MODESTO

PLANNING COMMISSION STAFF REPORT
1010 10th STREET
MODESTO, CA 95354
(209) 577-5267 – (209) 491-5798 (fax)
TO: Chairperson Shanks and Members of the Planning Commission PREPARED BY: Katharine Martin, Senior Planner
Contact Info: 577-5267 [email protected]
APPROVED BY: Steve Mitchell, Planning Manager
MEETING DATE: May 31, 2022
SUBJECT: RZN-22-001/PDZ-22-001 – City-initiated Rezone from CommercialIndustrial (C-M) Zone to General Commercial (C-2) Zone, and rezone from Low Density Residential (R-1) Zone and Commercial-Industrial (C-M) Zone to Planned Development Zone P-D(615)

RECOMMENDATION
Resolution recommending to the City Council an amendment to Section 17-3-9 of the Zoning Map to rezone from Commercial-Industrial (C-M) Zone to General Commercial (C-2) Zone, property located at 1707 McHenry Ave;
Resolution recommending to the City Council an amendment to Section 17-3-9 of the Zoning Map to rezone from Low Density Residential (R-1) Zone and Commercial-Industrial (C-M) Zone to Planned Development Zone P-D(615), property located on the west side of McHenry Avenue between West Granger Avenue and Judith Lane.

BACKGROUND
The subject properties are located at 1601, 1625 and 1707 McHenry Avenue, which are zoned for Commercial-Industrial (C-M) uses, and a parcel adjacent to 1625 McHenry which is zoned for Low Density Residential uses and utilized as a parking lot for the retail building at 1625 McHenry Avenue. The C-M zoning of the properties is a legacy zone that was enacted in July of 1955 to allow for a then-existing milk processing and bottling plant that was located at 1707 McHenry Avenue, which has since been demolished and the site developed with a new shopping center with C-2 uses in mid-2009. The surrounding area is predominately developed with retail commercial, office, and single-family residential uses. Recognizing that the industrial uses permitted within the C-M Zone is generally incompatible with the surrounding uses, in particular the adjacent residential uses, the City is proposing to amend the Zoning Map to allow for the continuation of existing retail and office uses in the rezone area and provide for new infill development of mixed uses as envisioned by the City’s General Plan and consistent with the vast majority of the McHenry Avenue corridor.
#18..
- 877 -
Planning Commission Agenda Report June 20, 2022
Public Hearing Item A Page 2

PROJECT DESCRIPTION
The proposed rezone is to change from Commercial-Industrial (C-M) Zone to General Commercial (C-2) Zone for the property at 1707 McHenry Avenue, which would allow for the retail and office uses since developed at the site of the former milk processing and bottling plant, and rezone from Low Density Residential (R-1) Zone and Commercial-Industrial (C-M) Zone to Planned Development Zone P-D(615) for the properties south of Judith Lane, to facilitate mixed-use development as outlined by the Major Transportation Corridors polices in Chapter III, Section 3 of the General Plan, which encourages mixed-use infill projects including high-quality multi-story residential development within the proposed Planned Development rezone area (see exhibit map below).

ANALYSIS
The proposed rezoning would align existing retail development with the underlying General Plan land use designation of Commercial (C), as industrial uses will no longer be allowed. The rezone to P-D(615) would facilitate mixed-use development as outlined by the Major Transportation Corridors polices in Chapter III, Section 3 of the General Plan, which encourages mixed-use infill projects including high-quality multi-story residential development within the rezone area.

In deference to the existing single-family and office uses surrounding the site, the Planned Development Zone is proposed to allow for new mixed-use development that includes office and most commercial uses (excepting certain vehicle-related uses) and residential uses at a minimum density of 14.5 dwelling units per net acre, with a maximum height of two stories for units facing Timothy Avenue for compatibility with single-family residential uses across the street. Existing buildings can continue to be used for retail commercial or office uses until new mixed-use development occurs. The existing retail building at 1601 McHenry is not expected to redevelop with mixed-uses, and also can continue to be used for retail or office uses within the P-D(615) zone.

GENERAL PLAN CONSISTENCY
The rezone area is located within the Commercial (C) Land Use designation of the General Plan, which allows for mixed uses including retail commercial, office and residential uses.

ENVIRONMENTAL ASSESSMENT
Staff has prepared an Initial Study, Environmental Assessment No. EA/C&ED 2022-16, which concluded that the project is within the scope of the General Plan Master EIR (SCH No. 2014042081) and that pursuant to Section 21157.1 of the Public Resources Code, no new environmental review is required.

ATTACHMENTS

1. Draft Planning Commission Resolution – June 20, 2022

2. Initial Study EA No. C&ED 2022-16
#18..
- 878 -
Planning Commission Agenda Report June 20, 2022
Public Hearing Item A Page 3
#18..
- 879 -
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. 2022-16
For the proposed:

RZN-22-001
Rezone from Commercial-Industrial (C-M) Zone and
Low Density Residential (R-1) Zone to
General Commercial (C-2) Zone and
Planned Development Zone P-D(615)
1601-1707 McHenry Avenue
Prepared by:

City of Modesto
Community & Economic Development Department
Planning Division
May 19, 2022
#18..
- 880 -
Updated: August 2020
(Intentional Blank Page)
#18..
- 881 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 1 May 19, 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 rezone 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: RZN-22-001—Rezone of 8.9 acres from C-M and R-1 Zones to C-2 and Planned Development Zone P-D(615)
B. Address or Location: 1601-1707 McHenry Avenue
C. Applicant: City of Modesto
D. City Contact Person: Katharine Martin, Senior Planner Project Manager: Katharine Martin, Senior Planner
Department: Community and Economic Development Department, 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): Commercial-Industrial (C-M) G. Surrounding Land Uses:

North: Highway Commercial (C-3) Zone and Low Density Residential (R-1) Zone, Safeway Grocery Store and Shopping Center
South: General Commercial (C-2) Zone, retail and professional office uses East: General Commercial (C-2) Zone, McHenry Village Shopping Center #18..
- 882 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 2 May 19, 2022
West: Low Density Residential (R-1) Zone, Professional Office (P-O) Zone and Planned Development Zone P-D(460) for professional offices; professional office and singlefamily 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):

Rezone of 8.9 total acres on three properties from Commercial-Industrial (C-M) Zone and Low Density Residential (R-1) Zone to General Commercial (C-2) Zone allowing for general commercial uses, and Planned Development Zone P-D(615) allowing for limited general commercial uses, professional/medical offices and residential uses. The parcel on the north side of Judith Lane is proposed to be rezoned from C-M to C-2. The parcels on the south side of Judith Lane are proposed to be rezoned to Planned Development Zone P-D(615). Existing retail buildings and associated parking lots (including an existing parking lot within the R-1 Zone) are located within the rezone area.

The current zoning of C-M, which allows for commercial and industrial uses, is a legacy zone that was originally enacted in July of 1955 to allow for the operation of a thenexisting milk bottling and processing plant located at 1707 McHenry Avenue. The plant has since closed and was demolished in Fall of 2003. The C-M Zone also included the properties to the south at 1601 and 1625 McHenry Avenue.

The proposed rezoning would align existing retail development with the underlying General Plan land use designation of Commercial (C), and would facilitate mixed-use development as outlined by the Major Transportation Corridors polices in Chapter III, Section 3 of the General Plan, which encourages mixed-use infill projects including high-quality multi-story residential development within the rezone area. The allowance of commercial uses would remain the same with the proposed rezoning. The difference with the proposed zones is that industrial uses would not be allowed in either zone, and some residential uses would be allowed. In general, the impacts would be less with residential uses than with industrial. #18..
- 883 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 3 May 19, 2022
I. Other Public Agencies Whose Approval is Required: None. #18..
- 884 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 4 May 19, 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.

Project Manager Title Date
#18..
- 885 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 5 May 19, 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, (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. #18..
- 886 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 6 May 19, 2022
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.
#18..
- 887 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 7 May 19, 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
#18..
- 888 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 8 May 19, 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.
#18..
- 889 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 9 May 19, 2022
Discussion:
(1) The proposed rezone will not conflict with any transportation policies or the existing circulation system surrounding the rezone area, including existing transit routes. (2) The proposed rezone will have no effect on the level of service standard established by the county congestion management.
(3) The proposed rezone will have no effect on air traffic patterns. The nearest airport is the Modesto City-County Airport approximately three miles away to the southeast. (4) The proposed rezone will not increase circulation hazards due to design or incompatible uses, or result in inadequate emergency access. Modesto Fire Station No. 5 located at 200 W.

Briggsmore Avenue between Briggsmore and Timothy Avenue, is located by the northwest corner of the rezone area, with direct access to the rezone area via Timothy Avenue and Judith Lane.
(5) The proposed rezone will have no effect on alternative transportation policies. (6) The proposed rezone will have no effect on Level of Service.

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 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.”
#18..
- 890 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 10 May 19, 2022 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-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
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
#18..
- 891 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 11 May 19, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
purpose of reducing the emission of greenhouse
gases.

Discussion:
(1) The proposed rezone will have no effect on Urban Area General Plan air quality and greenhouse gas policies.
(2) The proposed rezone will not conflict with any air quality plan. (3) The proposed rezone will not violate any air quality standard or contribute substantially to an existing or projected violation.
(4) The proposed rezone will have no increase of any criteria pollutant effect on Urban Area General Plan air quality and greenhouse gas policies.
(5) The proposed rezone will have no effect on sensitive receptors. (6) The proposed rezone will not result in the creation of objectionable odors. (7) The proposed rezone will not generate greenhouse gas emissions above what is assumed in the adopted Master EIR.
(8) The proposed rezone will not conflict with a plan, policy or regulation adopted for the purpose of reducing the emission of greenhouse gasses.

3. GENERATION OF NOISE AND VIBRATION
a. Significant Effects Identified in the Master EIR
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. #18..
- 892 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 12 May 19, 2022 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 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-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
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.
#18..
- 893 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 13 May 19, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
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 proposed rezone will have no effect on Urban Area General Plan noise and vibration policies. (2) The proposed rezone will not generate excessive permanent noise or vibration levels. The rezone area is comprised of existing retail buildings, professional/medical offices and associated parking areas.
(3) The proposed rezone would not generate a noticeable increase in ambient noise levels. (4) The proposed rezone would not generate a temporary or periodic increase in ambient noise levels.
(5-6) The rezone area is not located near a public or private airstrip. The nearest airport is the Modesto City-County Airport located three miles away to the southeast. (7) The rezone area is not located within 200-feet of an active rail line. The nearest active rail line is the Union Pacific line 1.6-miles to the southwest.

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. #18..
- 894 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 14 May 19, 2022 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.

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
#18..
- 895 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 15 May 19, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
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 proposed rezone will have no effect on Urban Area General Plan agricultural resources policies.
(2) Farmland will not be converted as a result of the proposed rezone. The rezone site is developed with retail buildings and professional/medical offices and is substantially surrounded by urban development.
(3) The proposed rezone will have no effect on any agricultural use or Williamson Act contract. (4-5) No forest land or timberland will be converted as a result of the proposed rezone. Excepting the urban forest of street trees, neighborhood and community parks, and urban landscaping, there is no forest land or timberland within the City’s incorporated area. (6) The proposed rezone will have no effect on farmland or forest land.

5. INCREASED DEMAND FOR LONG-TERM WATER SUPPLIES
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.
#18..
- 896 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 16 May 19, 2022 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

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
#18..
- 897 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 17 May 19, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
which could cause significant environmental effects.
4) The proposed project would exceed existing
water supply entitlements or require expansion of
entitlements.

Discussion:
(1) The proposed rezone will have no effect on water supply policies. (2) The proposed rezone will have no effect on groundwater supply above what is assumed in the adopted Master EIR.
(3-4) The proposed rezone will have no effect on water demand above what is assumed in the adopted Master EIR.

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.

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.”
#18..
- 898 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 18 May 19, 2022 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
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 proposed rezone will have no effect on the wastewater policies. (2) The proposed rezone will have no effect on sewage flows and no effect on wastewater facilities above what is assumed in the adopted Master EIR.
(3) The proposed rezone will have no effect on wastewater capacity above what is assumed in the adopted Master EIR.

7. LOSS OF SENSITIVE WILDLIFE AND PLANT HABITAT
#18..
- 899 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 19 May 19, 2022 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.”
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
#18..
- 900 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 20 May 19, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
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
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 proposed rezone will have no effect on wildlife and plant habitat policies. (2) The proposed rezone will have no effect on a candidate, sensitive, or special status species in local or regional plans.
(3) The proposed rezone will have no effect on riparian habitat or other sensitive natural community identified in local or regional plans. The rezone site is developed with retail buildings and professional/medical offices and is substantially surrounded by urban development. (4) The proposed rezone will have no effect on wetlands. No wetlands exist on or near the site. #18..
- 901 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 21 May 19, 2022 (5) The proposed rezone will have no effect on native resident or migratory fish or wildlife species. (6) The proposed rezone will have no effect on local policies or ordinances protecting biological resources.
(7) The proposed rezone will have no effect on local, regional, or state habitat conservation plans.

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 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:
#18..
- 902 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 22 May 19, 2022 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,
including human remains.

Discussion:
(1) The proposed rezone will have no effect on archaeological/historical resource policies. (2) The proposed rezone will have no effect on historical buildings or landmarks. There are no historical buildings or landmarks that exist on or near this site. (3) The proposed rezone will have no effect on existing structures that are more than 50 years old that are determined to have historical significance.
(4) The proposed rezone will have no effect on known significant resources. (5) The proposed rezone will have no effect on cultural resources. (6) The proposed rezone will have no effect on tribal cultural resources.

9. INCREASED DEMAND FOR STORM DRAINAGE
#18..
- 903 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 23 May 19, 2022 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 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-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
#18..
- 904 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 24 May 19, 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 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 proposed rezone will have no effect on storm drainage policies. (2-3) The proposed rezone will have no effect on surface runoff above what is assumed in the adopted Master EIR.

10. FLOODING AND WATER QUALITY
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: none from the Master EIR. No new or additional mitigation measures or alternatives are required to reduce project impacts to a lessthan-significant level. #18..
- 905 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 25 May 19, 2022 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
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:
#18..
- 906 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 26 May 19, 2022 (1) The proposed rezone will have no effect on flooding and water quality policies. (2) The proposed rezone will not result in more housing within a 100-year flood hazard zone. (3) The rezone area is outside of the 100-year floodplain as shown on the FEMA Flood Hazard Map 06099C0340F dated August 24, 2021.
(4) The proposed rezone will not expose people to flooding. (5) The proposed rezone will not alter existing drainage patterns of the site that would result in flooding onsite or offsite.
(6) The proposed rezone will have no effect on water quality standards or waste discharge requirements.
(7) The proposed rezone will have no effect on existing drainage pattern of the site or area or a watercourse in a manner that would result in substantial erosion or siltation. (8) The proposed rezone will not contribute to water runoff above what is assumed in the adopted Master EIR.

11. INCREASED DEMAND FOR PARKS AND OPEN SPACE
a. Significant Effects Identified in the Master EIR
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:

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
#18..
- 907 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 27 May 19, 2022 Section V-11.B of the MASTER EIR discloses impacts of the Urban Area General Plan on parks and open space. 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.

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:
(1) The proposed rezone will have no effect on parks and open space policies. (2) The proposed rezone will have no effect on parks and open space above what is assumed in the adopted Master EIR.
(3) The proposed rezone will have no effect on parks and open space needs above what is assumed in the adopted Master EIR.

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
#18..
- 908 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 28 May 19, 2022 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.

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 proposed rezone will have no effect on school policies. (2) The proposed rezone will have no effect on SB 50/Proposition 1A funding provisions. #18..
- 909 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 29 May 19, 2022

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.”
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.
#18..
- 910 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 30 May 19, 2022 Discussion:
(1) The proposed rezone will have no effect on police policies. (2) The proposed rezone will not result in the need for more police personnel and facilities.

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
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:

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-14.B of the Master EIR discloses impacts on fire 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

14. INCREASED DEMAND FOR FIRE

SERVICES
#18..
- 911 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 31 May 19, 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 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 proposed rezone will have no effect on fire service policies. (2) The proposed rezone will not result in the need for more fire service facilities.

15. GENERATION OF SOLID WASTE
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:

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
#18..
- 912 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 32 May 19, 2022 Section V-15.B of the Master EIR discloses solid waste impacts 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.

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:
(1) The proposed rezone will have no effect on solid waste policies. (2) The proposed rezone will have no effect on landfills or solid waste-reduction facilities above what is assumed in the adopted Master EIR.

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 #18..
- 913 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 33 May 19, 2022 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-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
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.
#18..
- 914 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 34 May 19, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
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 proposed rezone will have no effect on hazardous materials policies. (2) The proposed rezone will not involve hazardous materials. (3) The proposed rezone will not result in the production of hazardous emissions or handling of hazardous materials.
(4) The proposed rezone is not located on a hazardous materials site. (5-6) The rezone site is not within two miles of any airport. (7) The proposed rezone will not interfere with an emergency response plan or evacuation plan. (8) The proposed rezone will not expose people to wildland fires. The project site and surround area is already developed with urban uses.

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 #18..
- 915 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 35 May 19, 2022 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:

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-17.B of the Master EIR discloses geology, soils, and mineral resource impacts 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.

Project-specific effects will be less than significant unless:

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 proposed rezone will have no effect on geology, soils, and mineral resources policies. (2) The proposed rezone will not result in exposing people or structures to seismic activities, location on expansive soils, or loss of mineral resources above what is assumed in the adopted Master EIR.

18. ENERGY
a. Significant Effects Identified in the Master EIR
#18..
- 916 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 36 May 19, 2022 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.”
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-18.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on energy resources. 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

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:
#18..
- 917 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 37 May 19, 2022 (1) The proposed rezone will have no effect on energy policies. (2) The proposed rezone will not result in wasteful energy consumption during any future construction activities above what is assumed in the adopted Master EIR.

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
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:

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-18.B of the Master EIR discloses impacts of implementing the Urban Area General Plan on visual resources. 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

19. VISUAL RESOURCES
1) The proposed project is inconsistent with the
#18..
- 918 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 38 May 19, 2022 Potentially
Significant
Impact
Less Than
Significant
w/Mitigating
Policies
Less Than
Significant
Impact
No
Impact
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.

Discussion:
(1) The proposed rezone is consistent with the Urban Area General Plan visual resource policies. (2) The proposed rezone will not have an adverse effect on a scenic vista. (3) The proposed rezone will not damage scenic resources. (4) The proposed rezone will not degrade the visual character of its surroundings above what is assumed in the adopted Master EIR.
(5) The proposed rezone will not create light or glare that would affect views. (6) The proposed rezone will have no effect on views from riverside areas and parks. (7) The proposed rezone will have no effect on views of riverside areas from public roadways and 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. #18..
- 919 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 39 May 19, 2022 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.

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.
#18..
- 920 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 40 May 19, 2022 Discussion:
(1) The proposed rezone will be consistent land use and planning policies. The rezone area is developed with retail buildings and professional/medical offices and associated parking areas.

A portion of the rezone area is also identified in the City of Modesto Urban Area General Plan as a mixed-use development concept area, as part of Major Transportation Corridors polices in Chapter III, Section 3 of the General Plan that encourages mixed-use infill projects including high-quality multi-story residential development.
(2) The proposed rezone will not result in the physical division of an established community. (3) The proposed rezone will have no effect on a land use plan, policy or regulation established for the purpose of avoiding or mitigating an environmental impact. (4) The proposed rezone will have no effect on applicable habitat conservation plan or natural community conservation plan.

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.

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:
#18..
- 921 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 41 May 19, 2022 AQ-85. Review of new development shall be coordinated with SJVAPCD staff to ensure all projects subject to the SJVAPCD Rule 9510 (Indirect Source Review) comply fully with the rule. This rule fulfills the SJVAPCD’s emission reduction commitments in the PM10 and Ozone Attainment Plans through emission reductions from the construction and use of development projects through design features and onsite measures. Rule 9510 applies to any applicant that seeks to gain a final discretionary approval for a development project, or any portion thereof, which meets certain minimum thresholds. (Policy VII.H.2.u)
AQ-86. A Construction Health Risk Assessment shall be required on a project-by-project basis if, at the direction of SJVAPCD after applicant consultation, the specific project is considered to have a potentially significant project-level health risk impact, through refined modeling using 2015 OEHHA guidance (or the latest accepted methodology), to identify impacts and, if necessary, include measures determined by SJVAPCD to reduce exposure. (Policy VII.H.2.v) AQ-87. Future development that includes sensitive receptors (such as schools, hospitals, daycare centers, or retirement homes) located within the setback distances from highways, railroads, local roadways, and stationary sources specified below shall require site-specific analysis to determine the level of TAC and PM2.5 exposure. This analysis shall be conducted following methodology and procedures recommended by SJVAPCD and OEHHA. If the site-specific analysis reveals significant exposures, such as cancer risk greater than 20 in one million or acute or chronic hazards with a Hazard Index greater than 1.0, additional measures (described below) shall be required to reduce the risk below the threshold. (Policy VII.H.2.w)
Setback screening distances:
a) Gasoline dispensing facilities: 300 feet for large facilities (3.6 million gallons of throughput a year or more) and 50 feet for smaller facilities;
b) Dry cleaning facilities: 300 feet for facilities that emit Perchlorethylene; c) Distribution centers: 1,000 feet;
d) Chrome platers: 1,000 feet;
e) Freeways, urban roads with 100,000 vehicles/day or rural roads with 50,000 vehicles/day or more: 500 feet;
f) BNSF rail line: 800 feet from 2020-2024, and 500 feet for 2025 and later; and, g) UP rail line: 200 feet east of the rail line and 300 feet west of the rail line from 2020-2024, and 100 feet east of the rail line and 200 feet west of the rail line for 2025 and later.

Future non-residential developments containing potentially significant TAC sources would be evaluated in consultation with SJVAPCD to ensure that they do not cause a significant health risk in terms of excess cancer risk greater than 20 in one million, or acute or chronic hazards with a Hazard Index greater than 1.0. This analysis shall be conducted following methodology and procedures recommended by SJVAPCD and OEHHA. If the site-specific analysis reveals significant exposures, additional measures shall be required as described below to reduce the risk to below the threshold.

If the analysis shows the cancer risk exposure is significant,Then the project sponsor shall submit performance specifications and design details to demonstrate that lifetime residential exposures would be reduced to a level of less-than-significant under the applicable threshold subject to approval by the City. The specifications or design standards may include the following or other comparable measures:
i. Install air filtration systems rated MERV-13 or higher and a maintenance plan for the air filtration system shall be implemented.
#18..
- 922 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 42 May 19, 2022 ii. Plant trees and/or vegetation between sensitive receptors and pollution sources, if feasible.

Trees that are best suited to trapping particulate matter shall be planted, including the following: Pine (Pinus nigra var. maritime), Cypress (X Cupressocyparis leylandii), Hybrid popular (Populus deltoids X trichocarpa), and Redwoods (Sequoia sempervirens). iii. Design sites to locate sensitive receptors as far as possible from any freeways, roadways, diesel generators, distribution centers, and rail lines. iv. Locate operable windows, balconies, and building air intakes as far away from these sources as feasible. If near a distribution center, residents shall not be located immediately adjacent to a loading dock or where trucks concentrate to deliver goods.

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-102. Reduce PM10 emissions from City–maintained roads to the maximum extent feasible. (Policy VII.H.2.ll)
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)
AQ-106. Wet all exterior surfaces of buildings that are more than six stories tall during demolition. (Policy VII.H.2.pp)
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) #18..
- 923 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 43 May 19, 2022 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) Noise-5. Implement techniques, where feasible, to reduce noise impacts from new or widened roadways. Such techniques may include, but are not limited to:
◦ Traffic calming to reduce vehicle speeds, including narrowing travel lanes and limiting the number of motor vehicle lanes;
◦ Adding bicycle and parking lanes to move the noise source farther away from sensitive receptors; and,
◦ Use of earthen berms and landscaped walls to channel noise away from sensitive receptors. (Policy VII-G.3.c)
Noise-6. Use the most recent noise contour map (Figure VII-2) to implement the requirements of Noise Insulation Standards contained in Title 24 of the California Code of Regulations. Developers may be allowed to demonstrate that detailed noise studies and / or mitigation are not necessary due to local conditions, changes in the expected future noise environment, or inapplicable assumptions made in the Master EIR. (Policy VII-G.3.d)
#18..
- 924 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 44 May 19, 2022 Noise-7. Incorporate construction practices and acoustic treatment in new residential construction to reduce typical indoor noise levels to 45 dB. Developers of residential buildings within the 65 dBA contours shown in the General Plan Master EIR shall demonstrate that interior noise has been reduced to 45 dB. Other types of development should be protected against noise intrusion at least to the levels indicated on UAGP Table VII-2. (Policy VII-G.3.e) Noise-8. For proposed non-transportation noise sources, reduce noise levels so as not to exceed the allowable noise exposure thresholds specified in Table V.3.8, below, at the property line of residential or other noise-sensitive land uses. (Policy VII-G.3.f)
TABLE V.3.8. Noise Exposure Thresholds – Non-Transportation Noise Sources Citywide (excludes Downtown) Downtown only
Daytime
(7:00am -
10:00pm)
Nighttime
(10:00pm -
7:00am)
Daytime
(7:00am -
10:00pm)
Nighttime
(10:00pm -
7:00am)
Hourly Leq, dBA 55 45 60 50
Maximum level, dBA 75 65 80 70
* Each of the noise level standards shall be reduced by five (5) dBA for pure tone noises, noise consisting primarily of speech or music, or for recurring impulsive noises. Where measured ambient noise levels exceed the standards, the standards shall be increased to the ambient levels.
** If the existing ambient noise level at the receiving use exceeds the thresholds given in Table V.3.9, then the noise level standards shall be increased to account for the ambient noise level.

Noise-9. At noise-sensitive land uses, increases in noise should not exceed 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, for the existing conditions scenario as compared to the buildout scenario. (Policy VII-G.3.g)
Noise-10. Additional study and/or mitigation for outdoor recreation areas will be required if:
◦ For single-family dwellings, noise exceeds 65 dBA Ldn in one or more backyards; ◦ For multi-family dwellings, noise exceeds 65 dBA Ldn at common recreation areas, such as swimming pools or play areas or at private patios and balconies; or, ◦ For other uses, noise exceeds the level considered “conditionally acceptable” as shown on Table VII-2 of the General Plan. (Policy VII-G.3.h)
Noise-11. Limit trucking to specific routes, times, and speeds that avoid or minimize adverse effects on sensitive receptors. (Policy VII-G.3.i)
Noise-14. For new residential development proposed in areas within 200 feet of the center of the near mainline of active rail lines where single-event noise from trains is of concern, demonstrate that the proposed development will incorporate measures to reduce maximum noise levels generated during train passbys to 50 dBA Lmax or less inside bedrooms and to 55 dBA Lmax or less inside other noise sensitive occupied areas. (Policy VII-G.3.l)
Noise-15. For new residential and vibration sensitive commercial development (including but not limited to lodging facilities, hospitals and similar uses) located within 200 feet of the center of the near mainline of active rail lines, demonstrate that the proposed development will incorporate measures to reduce vibration levels generated during train passby events to meet the FTA vibration criteria as shown in Master EIR Table V-3-6. (Policy VII-G.3.m) #18..
- 925 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 45 May 19, 2022 Noise-16. For construction activities involving high-powered vibratory tools or pile driving within 200 feet of an existing structure, demonstrate that project construction would not exceed the Caltrans construction vibration thresholds to ensure that no damage to structures would occur. (Policy VIIG.3.n) Effects on Agricultural Lands:

AL-21. Require development projects to comply with current LAFCo policy(ies) regarding preservation of agricultural resources. (Policy VII-D.4[f]) 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:

AH-12. If land designated or proposed to be designated for development is discovered through archival research, consultation or by chance, to contain a sacred or traditional place, consult with the NAHC and the appropriate Native American groups and individuals for the purpose of determining the level of confidentiality required to protect the cultural place and for the purpose of developing treatment with appropriate dignity of the cultural place in any corresponding management plan.

Avoid and preserve sacred sites whenever feasible. (Policy VII.F.2[i]) AH-14. For any project that involves earth-disturbing activities within the archaeological resource study area (defined as the Riparian and Vernal Pool Locations shown on MEIR Figure V-7-1), or on a site determined to be archaeologically or culturally sensitive by City staff through consultation with Native American tribes or bands and a qualified archaeologist, require the project applicant to implement the following mitigation measures, at a minimum:
#18..
- 926 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 46 May 19, 2022 (1)Where excavation or construction would occur outside of areas where development has occurred, or where excavation / construction would occur at depths greater than existing foundations, roads, and/or trenches in the immediate vicinity, evaluate the site via a qualified archaeologist retained by the project applicant. Said evaluation would include at minimum a records search, a Phase I pedestrian survey, and preparation of an archaeological report containing the results of this cultural resources inventory identification effort for submittal to the Central California Information Center. If a Phase II archaeological evaluation is recommended, complete a report of the survey and any excavations with recommendations prior to project approval;
(2) In the event of the discovery of a burial, human bone, or suspected human bone, immediately halt all excavation or grading in the vicinity of the find and protect the area of the find. The project applicant shall immediately notify the Modesto Police Department and County Coroner of the find and comply with the provisions of California Health and Safety Code Section 7050.5, including California Public Resources Code Section 5097.98, if applicable. If human remains are identified, also retain a Native American monitor at the applicant’s expense; (3) A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Native Americans and their designated monitors, to evaluate the significance of any Native American archaeological resources discovered on the property;
(4) Relinquish ownership of all Native American human remains and/or artifacts that are found within the project area, to the appropriate Native American Most Likely Descendent (MLD), as assigned by the Native American Heritage Commission, for proper treatment and disposition.

The MLD will decide whether or not standard archaeological analysis will be allowed on human remains and associated artifacts from burials; and,
(5) If paleontological resources are discovered during earth-moving activities, the construction crew shall immediately cease work in the vicinity of the find, and the City’s Planning Manager shall be notified. A qualified paleontologist shall evaluate the resource to determine if it is significant. If the resource is significant, prepare a proposed mitigation plan in accordance with Society of Vertebrate Paleontology guidelines. The proposed mitigation plan may include a field survey of additional construction areas, sampling and data recovery procedures, museum storage coordination for any specimen recovered, and a report of findings.

Recommendations determined by the lead agency to be necessary and feasible shall be implemented before construction activities can resume at the site where the paleontological resources were discovered. (Policy VII.F.2[k])
AH-15. Whenever possible, avoid disturbing or damaging archaeological resources. Preservation in place to maintain the relationship between the artifacts and the archaeological context is the preferred manner of mitigating impacts to archaeological sites. Preservation may be accomplished by:
(1) Planning construction to avoid archaeological sites; (2) Incorporating sites within parks, green space, or other open space; (3) Covering the sites with a layer of chemically stable soil; and/or, (4) Deeding the site into a permanent conservation easement.

When in-place mitigation is not feasible, data recovery through excavation may be necessary. A data recovery plan, which makes provisions for adequately recovering the scientifically consequential information about the site, shall be prepared and adopted prior to any excavation being undertaken.

Such studies must be deposited with the Central California Information Center in Turlock, California. #18..
- 927 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 47 May 19, 2022 Special rules apply to any archaeological sites known to contain human remains (Health and Safety Code Section 7050.5; Guidelines Section 15126.4(b)).

Data recovery shall not be required if the lead agency determines that testing or studies already completed have adequately recovered the necessary data, provided that the data have already been documented in another EIR and are available for review at the California Historical Resource Regional Information Center (Guidelines Section 15126.4(b)). (Policy VII.F.2[l]) AH-16. Allow reasonable time for the qualified archaeologist to notify the proper authorities for a more detailed inspection and examination of the exposed cultural resources. During this time, excavation and construction would not be allowed in the immediate vicinity of the find; however, those activities could continue in other areas of the project site. (Policy VII.F.2[m]) AH-17. If any find is determined to be significant by the qualified archaeologist, representatives of the construction contractor and the City, the qualified archaeologist, and a representative of the Native American community (if the discovery is an aboriginal burial) will meet to determine the appropriate course of action. (Policy VII.F.2[n])
AH-18. All cultural materials recovered as part of a monitoring program are subject to scientific analysis, professional museum curation, and a report prepared according to current professional standards. (Policy VII.F.2[o])
AH-19. Any project subject to CEQA that involves substantial earth-disturbing activities should require consultation by the applicant for the purposes of determining the potential for archaeological and cultural resources impacts and creating appropriate mitigation to address any such impacts. (Policy VII.F.3[a])
AH-20. Any project that involves earth-disturbing activities within previously undisturbed soils in an area determined to be archaeologically or culturally sensitive by the City of Modesto through consultation with Native American tribes or bands and a qualified archaeologist should be subject to archaeological and Native American monitoring during all ground-disturbing activities. (Policy VII.F.3[b])
AH-21. Any project that involves earth-disturbing activities within previously undisturbed soils in an area determined to be archaeologically or culturally sensitive by the City of Modesto through consultation with Native American tribes or bands and a qualified archaeologist should be required to carry out the following mitigation measures, at a minimum:
(1) If prehistoric archaeological remains are discovered during project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist should be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. In the event of the discovery of a burial, human bone, or suspected human bone all excavation or grading in the vicinity of the find should halt immediately and the area of the find should be protected and the project applicant immediately should notify the County Coroner of the find and comply with the provisions of California Health and Safety Code Section 7050.5, including California Public Resources Code Section 5097.98, if applicable.

If human remains are identified, the project sponsor should also retain a Native American monitor;
(2) A qualified archaeological monitor should be present and should have the authority to stop and redirect grading activities, in consultation with the Native Americans and their designated #18..
- 928 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 48 May 19, 2022 monitors, to evaluate the significance of any Native American archaeological resources discovered on the property;
(3) Native American monitors from the appropriate Native American Tribes, as determined by the NAHC should be allowed to monitor all groundbreaking activities, including all archaeological testing and data recovery excavations that are likely to affect Native American resources, as determined by a qualified archaeologist. The project proponent should be responsible for compensating Native American monitors. If human remains are discovered, the NAHC should assign a Most Likely Descendent (MLD);
(4) The landowner agrees to relinquish ownership of all Native American human remains and associated burial artifacts that are found within the project area, to the appropriate Native American MLD, as assigned by the NAHC, for proper treatment and disposition. The MLD will decide whether or not standard archaeological analysis will be allowed on human remains and associated artifacts from burials; and,
(5) If paleontological resources are discovered during earth-moving activities, the construction crew shall immediately cease work in the vicinity of the find, and the City’s Planning Manager shall be notified. A qualified paleontologist shall evaluate the resource and prepare a proposed mitigation plan in accordance with Society of Vertebrate Paleontology guidelines.

The proposed mitigation plan may include a field survey of additional construction areas, sampling and data recovery procedures, museum storage coordination for any specimen recovered, and a report of findings. Recommendations determined by the lead agency to be necessary and feasible shall be implemented before construction activities can resume at the site where the paleontological resources were discovered. (Policy VII.F.3[c]) 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-11. For developments within a mapped 100-year floodplain, prepare studies that demonstrate how the development will comply with both the construction and post-construction programs under the City's municipal NPDES permit. No increased erosion or releases of other contaminants that would cause violations of the City's municipal NPDES permit should occur as a result of development. (Policy VI.G.4)
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-14. Design development projects to preserve and, where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffers. Minimize disturbance of natural water bodies or natural drainage systems that might result from development, including road construction. (Policy VI.G.7)
#18..
- 929 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 49 May 19, 2022 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)
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-12. For developments within a mapped 100-year floodplain, prepare studies that demonstrate how the development will comply with the both the construction and post-construction programs under the City's municipal NPDES permit. No increased erosion or releases of other contaminants that would cause violations of the City's municipal NPDES permit should occur as a result of development. (Policy VI.G.4)
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-15. Design development projects to preserve and, where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffers. Minimize disturbance of natural water bodies or natural drainage systems that might result from development, including road construction. (Policy VI.G.7)
FWQ-16. 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)
Increased Demand for Parks and Open Space:

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:
#18..
- 930 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 50 May 19, 2022 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-3. Comply with all existing federal and state laws which regulate the generation, transportation, storage, and disposal of hazardous materials. (Policy VI.M.1) HM-4. Require that businesses and industries using hazardous material provide mitigation measures commensurate with the hazards they bring to the community, in accordance with the most current adopted edition of the Uniform Fire Code. (Policy VI.M.2) 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 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-6. For each specific project that would generate hazardous waste, require as a condition of building permit approval that the project sponsor prepare a hazardous material transportation program. Passage through residential streets should be minimized and parking of waste haulers on residential streets should be prohibited. The City Fire Department shall review and approve the applicant’s hazardous materials transportation program or, working with the applicant, modify it to the satisfaction of both parties. (Policy VI.M.4)
#18..
- 931 -
RZN-22-001: Rezone C-M, R-1 to C-2, P-D(615) Initial Study EA No. 2022-16 City of Modesto General Plan Master EIR 51 May 19, 2022 HM-7. Prior to the issuance of all building permits, identify the site in relation to all Comprehensive Environmental Response, Compensation and Liability Information System sites and to known or suspected uncontrolled or abandoned hazardous waste sites. All projects within 2,000 feet of these facilities should conduct hazardous materials studies as necessary to identify the type and extent of contamination, if any, and the extent of risk to human health and public safety. If necessary, a remedial action program should be developed and implemented as in UAGP Policy VI.M.3. (Policy VI.M.5)
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.
#18..
- 932 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: July 15, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Non-Exclusive, Non-Consensual Franchise Towing Services Agreement CONTACT: Aaron Tait, Lieutenant, [email protected], (209) 572-9500 DESCRIPTION:

Hearing to consider awarding Non-Exclusive, Non-Consensual Franchise Towing Services agreements to 12 applicants pursuant to the Modesto Municipal Code. (Funding Source:

General Fund, 1610 – MPD Traffic Offender Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal for Governance and Service Delivery by building community trust in city government through transparent and efficient service delivery.

BACKGROUND:

The City of Modesto’s non-exclusive, non-consensual franchise towing services contracts have been managed by the Modesto Police Department (MPD) for approximately 13 years.

Contracted tow companies have completed the application process, paid the required applicant fee, been through a thorough background and inspection process and are awarded their contracts by the City Council – all in accordance with Modesto Municipal Code (MMC), Chapter 2 – Procedure for granting public utility franchises. These tow companies are requested to tow a vehicle by the City on a rotational basis utilizing a tracking software. Non-consensual tows include, but are not limited to: vehicles towed due to arrest, investigation of a crime, suspended driver’s license, no driver’s license, expired registration and violations of various other California Vehicle Code and Modesto Municipal Code sections.

The main goal of the City’s non-exclusive, non-consensual franchise towing program is to provide safe, responsible and reliable towing of vehicles on behalf of the City of Modesto.

California Vehicle Code (CVC) 12110 authorizes a fee in connection with the award of a franchise for towing vehicles on behalf of the City. This fee may not exceed to the amount necessary to reimburse the City for its actual and reasonable costs incurred in connection with the towing program.
#19..
- 933 -
City Council, August 9, 2022
Non-Exclusive, Non-Consensual Franchise Towing Services Agreement