Agenda packet, first session — Modesto City Council, January 24, 2023 (part 3 of 4)

General Assumptions and Limiting Conditions
The following Assumptions and Limiting Conditions have been relied upon and used in making this appraisal and estimating the respective values required by the purpose of the appraisal and its intended use. 1) No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in this report. 2) The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report.
3) Responsible ownership and competent property management are assumed unless otherwise stated in this report.
4) The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy.
5) Sketches, plats, or photographs contained in this report are included to assist the reader in visualizing properties and no survey has been made of the property in the report. 6) The Appraiser assumes no responsibility for discovery of hidden or non-apparent conditions of the property, subsoil, or the structures that render it more or less valuable. Encroachment of real property improvements is assumed to not exist. No responsibility is assumed for arranging engineering studies or a survey, which may be required to discover these conditions. 7) It is assumed that there is full compliance with all applicable Federal, State, and local environmental regulations and laws unless otherwise stated in this report. 8) It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless nonconformity has been stated, defined, and considered in this appraisal report. 9) It is assumed that all required licenses, certificates of occupancy, or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value conclusions contained in this report are based.
10) The Appraiser is not a soil expert. The existing soil and substructure has been assumed adequate for existing or proposed uses unless contrary information is provided and contained in this report.

It is advisable to have a soil analysis and report completed by a qualified soil engineer or other qualified expert so that any interested party will become knowledgeable as to the important soil information including seismic data, soil contaminants, type of fill, if any, or other relevant matters.
11) Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with Disabilities Act. 12) The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. #17..
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Beard Brook Park - City of Modesto Property
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13) Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written prior consent of the Appraiser, and in any event, only with proper written qualifications and only in its entirety.
14) Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the Appraiser, or the firm with which the Appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media.

Extraordinary Assumptions and Hypothetical Conditions
Please note that all Extraordinary Assumptions and Hypothetical Conditions could have an effect on the results of this appraisal.

Extraordinary Assumptions
1) It is assumed that no hazardous or toxic substances exist on the Subject property or the soils comprising the Subject land.
2) It is assumed that no other easements exist on the entire property that could affect use and/or value other than those noted in this report.
3) As the Subject contains a portion of a larger APN, it is assumed that a lot line adjustment/subdivision will be completed to create a separate, legal parcel and that all costs for the lot line adjustment/subdivision will be incurred by the City of Modesto. 4) As of the date of this report, it is assumed the Subject is in the same general condition as the last date of inspection, which was January 26, 2021.

Hypothetical Condition
1) The Subject property is subject to a land use restriction for use as a public park. This appraisal is made under the hypothetical condition that the Subject is not encumbered by this land use restriction.
2) This appraisal will only estimate the market value of the real property as if vacant. All improvements will be ignored for purposes of this assignment. #17..
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Certification of Appraiser
I certify that, to the best of my knowledge and belief:
− the statements of fact contained in this report are true and correct. − the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
− I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.
− I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
− my engagement in this assignment was not contingent upon developing or reporting predetermined results.
− my compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
− I made a personal (on-site) inspection of the property that is the subject of this report. − I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the 3-year period immediately preceding acceptance of this assignment. − no one provided significant real property appraisal assistance to the person signing this certification. − the reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. − the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
− as of the date of this report, Michelle Patton has completed the continuing education program for designated members of the Appraisal Institute.

May 8, 2021
Date Michelle Patton, MAI, SR/WA, R/W-AC
Certified General Real Estate Appraiser # AG030012
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Summary of Salient Facts
Subject Property Location: Easterly side of South Morton Boulevard, Modesto, California|
Assessor Parcel Number(s): A portion of 106-034-001 (Stanislaus County) Owner(s) of Record: City of Modesto
Effective Date of Value: January 26, 2021
Date of Inspection: January 26, 2021
Date of Report: May 8, 2021
Intended Use: Provide the City of Modesto with a basis for the value of the Subject property for a potential land swap with E&J Gallo Winery.

Intended User(s): Ryan Daugherty, City of Modesto
Total Land Area: 11.99 acres
Improvements: None (assumed)
Zoning Designation: R-1 – Low Density Residential
General Plan: OS – Open Space
Rezoning Probability: Unlikely, but possible
Current Land Use: Assumed to be vacant, raw land
Interest Appraised: Fee simple
Highest and Best Use: Open Space/Recreational
Extraordinary Assumptions: See Page 5
Hypothetical Conditions: See Page 5
Summary of Value:

Value by Sales Comparison Approach $240,000
Value by Income Capitalization Approach Not Applicable
Value by Cost Approach Not Applicable
Fair Market Value $240,000
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ANALYSIS
Market Update
The valuation date for this assignment was over 11 months after the World Health Organization announced that the rapid spread of the Novel Coronavirus (COVID-19) had become a worldwide health emergency.

Because of Coronavirus, a stay at home order was issued by the State for California on March 19, 2020.

All nonessential businesses were required to close, all sporting events were immediately cancelled, and schools began teaching remotely. In a matter of only 3 weeks, over 25 million Americans filed for unemployment as the stock market lost 3 years of gain. In California, over 3.2 million people had applied for unemployment in May 2020. As of the valuation date, California was gradually allowing businesses to reopen. However, the Governor also mandated the requirement that all residents must wear face masks in public due to a recent surge in COVID-19 cases.

Area, City and Neighborhood Data
Stanislaus County
The Subject property is located in the central portion
of the city of Modesto, California, within Stanislaus
County. It is part of the region commonly known as
“The Central Valley” because of its location in the
center of California. The Central Valley is comprised
of eight counties: San Joaquin, Stanislaus, Merced,
Madera, Fresno, Kings, Tulare and Kern.

Stanislaus County is located in the north region of the Central Valley approximately 77-miles south of
Sacramento, 87-miles east of San Francisco and 100-
miles west of Yosemite National Park. The primary
industry in Stanislaus County is agriculture along with agricultural-related industry. The production of
commodities such as almonds (the leading crop),
apricots, melons, tomatoes, wine grapes, peaches,
walnuts, dairy and poultry products generates even
more economic activity through their processing,
packaging, marketing, and retail.

Since 2000, the county’s population has continued to grow at an average annual rate of 0.9%, reaching a total of 557,709 as of January 2020. While population growth from 1990 to 2000 was higher, the increase in population was due largely to the workers from the Bay Area who moved to Modesto seeking lower home prices. Houses in this region typically sell for 40% to 50% less than similar homes located in the Bay Area.

Affordability has created a very large “commuter work force” throughout the Central Valley. This growth is expected to continue through the next 20 years due to the availability of land and affordable housing.

However, as gas prices will likely rise, costs associated with commuting will impact a buyer’s decision to move over an hour from the Bay Area’s employment centers. The FFIEC (Federal Financial Institutions Examination Council) estimated median family income for the Subject’s MSA was $69,300 in 2020.

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that of the unincorporated area. Though the economic base remains predominantly agricultural, the County’s economy is shifting and population growth has increased pressure to alter agricultural lands to non-agricultural uses. The escalating population requires new jobs and housing to support it. As the population grows, this region will attempt to capture the interest of industries willing to take advantage of the skilled work force (now commuting to the Bay Area), and low land and construction costs. Growth in nonagricultural industries such as services and retail trades has begun to stabilize employment levels and is expected to provide most of the new employment opportunities.

Unemployment
As of December 2020, the unemployment rate in the County was 9.9%, which is nearly double the rate from this time last year (5.6%). This is compared to the State’s overall unemployment rate of 8.8%.

California’s unemployment rate spiked significantly in April 2020, due to the COVID-19 pandemic. While Stanislaus and California’s rates remained at over 15% for three months, rates began to slowly decline beginning in July when employees began returning to work.

Year Period
Stanislaus County California
2020 Dec 9.9 8.8
2020 Nov 8.3 7.9
2020 Oct 8.8 8.7
2020 Sep 10.3 10.8
2020 Aug 10.3 11.3
2020 July 13.6 13.9
2020 June 15.0 15.1
2020 May 16.2 16
2020 Apr 17.5 16.2
2019 Mar 8.4 5.8
2019 Feb 6.6 4.3
2019 Jan 6.6 4.3
Unemployment Rate
The City of Modesto
In 1870, Modesto was a one-square-mile railroad town. As of 2019, the city covers nearly 45 square miles with a population of approximately 215,201. It is the largest city in Stanislaus County and the county seat.

Highway 99, one of California’s major north-south arterials, extends through Modesto’s west side, and bisects the downtown area.

Highway 132 is an east/west route that intersects with Highway 99 in the downtown area. Highway 132 is also referred to as Maze Boulevard west of Modesto and then Yosemite Boulevard as it extends through the city toward Waterford to the east. Highway 108 begins in the downtown area of Modesto and extends north toward Riverbank. Highway 108 is also referred to as McHenry Avenue.

Santa Fe, Southern Pacific, and Union Pacific Railroads serve Modesto with interstate and transcontinental service. Modesto City-County Airport offers services through Sky West. Three to five flights each day connect with San Francisco and Sacramento. Nonstop flights are also available to major hubs throughout the nation.
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Regional Map
The Immediate Neighborhood
The Subject is located on the easterly side of South Morton Boulevard, south of Yosemite Avenue and north of the Tuolumne River. The Subject is within the Modesto city limits and adjacent to portions of Stanislaus County that are still unincorporated. Please refer to the neighborhood map on the following page.

The immediate neighborhood contains a mix of uses. The areas to the west consist primarily of heavy industrial uses, whereas the property to the east includes a large industrial campus owned by E&J Gallo Winery and Gallo Glass Company. The portion of the Gallo facility immediately adjacent to the Subject is primarily open space, with landscaping, walking trails, and a large pond. This area surrounds the Gallo administration building. Uses adjacent to the south include open space property owned by the City of Modesto and Tuolumne Regional River Park.
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Neighborhood Map
Neighborhood Aerial
Subject
Subject
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Subject Property Photographs
Note: All photographs were taken on January 26, 2021 by Michelle Patton

Left: Easterly view of Subject along creek
Right: Southeasterly view of Subject from northerly parking lot

Left: Southerly view of Subject from northerly parking lot Right: Southwesterly view of Subject along S. Morton Boulevard

Left: Southerly view of S. Morton Boulevard frontage
Right: Southeasterly view of Subject’s southerly property boundary #17..
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Left: Easterly view from South Morton Boulevard
Right: Southerly entrance to Subject

Left: Northerly view of S. Morton Boulevard frontage – Subject on right Right: Easterly view of Subject

Left: Easterly view of Subject
Right: Easterly view of Subject
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Left: Easterly view of Subject
Right: Easterly view of Subject

Left: Easterly view of Subject
Right: Easterly view of northerly parking lot
Northeasterly view of S. Morton Boulevard – Subject parking lot on right #17..
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Subject Property Identification
Legal Description
A preliminary report prepared by Chicago Title Company and dated December 4, 2019 was provided for this assignment. The report included the following legal description for the Subject APN.

Note: The Subject includes only a portion of APN 106-034-001.

Property Data
Site Size, Shape and Topography
As identified by the client, the Subject parcel is an 11.99-acre portion of Stanislaus County APN 106-034- 001, which is located along the easterly side of South Morton Boulevard, south of Yosemite Avenue in Modesto, California. There is no situs address for the property. The remainder of this APN (strip of land along the Morton Boulevard frontage) will be retained by the City of Modesto for a bike trail (see client exhibit on the following page for identification of the Subject property).

The Subject parcel has an atypical, elongated shape that follows the contours of Dry Creek (also known as Beard Brook) along the easterly boundary. Except for the areas down-sloping from the street frontage, the Subject is generally level.

The Subject parcel has significant frontage along South Morton Boulevard and is accessed at the northerly end via two driveway points of access for the northerly parking lot. There is also one point of vehicular access at the southerly end. South Morton Boulevard is a two-lane public street. #17..
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Subject Exhibit
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Assessor’s Parcel Map
Satellite Image
Subject
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Current Use/Improvements
The Subject is currently a part of Beard Brook Park that includes various public park improvements such as two asphalt-paved parking lots, restrooms, playground equipment, and a sports field. Other site improvements include mature landscaping with lawn areas, trees and concrete pathways. Much of the park is surrounded by a 6’ tall chain link fence.

For purposes of this assignment, all park improvements will be ignored. The land is appraised as if vacant.

Recently, the park was used as a homeless encampment from late 2018 through March 2019, when the City of Modesto relocated the homeless to another nearby location in an effort to revitalize Beard Brook Park and open it back up for public use.

Utilities
The Subject’s neighborhood is served with natural gas from Pacific Gas and Electric Company and electric service from Modesto Irrigation District. Water and sewer services are provided by the City of Modesto, with garbage services provided by Gilton Solid Waste.

Hazardous Conditions
According to Geotracker.waterboards.ca.gov, there is no history of contamination on the Subject property or any of the adjacent parcels (reference is made to Extraordinary Assumption No. 1).

The Subject is not located in a Special Earthquake Studies Zone but is subject to ground shaking as are all properties in this region.

FEMA Flood Hazard Area
As illustrated on the flood insurance rate map on the following page, the Subject is entirely within a flood hazard zone. The westerly majority is within Flood Zone AE, with the easterly portion along Dry Creek being within the FLOODWAY Zone AE, which includes areas subject to inundation by the 1-percentannual-chance flood event determined by detailed methods. Base Flood Elevations (BFEs) are shown.

Mandatory flood insurance purchase requirements and floodplain management standards apply.

Denny Ferreira, Chief Building Official with Stanislaus County, explained that the FEMA designations for the Subject severely limit development potential for the property. The only buildable portion of the Subject is the area within Special Flood Hazard Area of Zone AE. Any development or improvement to the property would have to be built at 78 feet elevation; which is 1 foot higher than the base flood elevation of ~77 feet.

The County’s GIS system provides the topographic layer that can be found on the following page for the Subject. It shows that the Subject property is primarily between 60 - 70 feet in elevation, which is below the minimum elevation required for development, if vacant. Development could happen, but significant costs could be added due to elevating the structure above the required base elevation of 77 feet either on piers or an elevated building pad.

These characteristics present significant restrictions on the potential development of the site and will be further discussed in the determination of the highest and best use of the Subject. #17..
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FIRM Map
Topographic Map
Subject
70 feet
60 feet
80 feet
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Easements
A preliminary report prepared by Chicago Title Company and dated December 4, 2019 was provided for this assignment and is included as Addendum B. The preliminary report did not identify any existing easements on the Subject. However, according to the client, there is an existing PG&E easement that crosses the northerly boundary. It contains 0.11 acre and is for utility purposes. Its location is shown below.

Additionally, this assignment assumes that the City will retain a 0.41-acre access easement (as shown below) across the southerly portion of the site, to allow for the City to access the portion of the adjacent property that they are acquiring from Gallo. Given the highest and best use conclusions, this access easement is not expected to have a negative impact on the value of the property.

It is assumed that no other easements exist that could negatively affect the property’s value or marketability other than those mentioned in this report.
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Sales/Use History
The Subject property has been used as a public park owned and operated by the City of Modesto for many years. There are no recent sales or transfers of the property.

Assessed Value and Taxes (2020 - 2021)
Since the Subject property is owned by a public entity, no assessed value has been established and no taxes have been imposed.

Zoning & General Plan: City of Modesto
The Subject is under the jurisdiction of The City of Modesto Planning Department and zoned R-1 (Limited Residential), whereas the General Plan designation is for Open Space.

The zoning is consistent with the zoning designation and uses adjacent to the south. While a change in zoning is possible, it is unlikely.

Zoning Map - City of Modesto
Subject
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General Plan Map - City of Modesto
Highest and Best Use - As Vacant
Highest and best use is defined as that use, from among reasonably probable and legal alternative uses, found to be physically possible, appropriately supported, financially feasible, and which results in highest land value. It may also be referred to as the most efficient and profitable permissible use.

Legal Permissibility Test — The Subject is zoned for low-density residential uses, which also allows for open space and some limited agricultural uses.

Physical Possibility Test — The physical nature of the Subject in terms of size and topography allows a wide variety of potential uses. However, the significant limiting factor is the proximity to Dry Creek and the Tuolumne River, and the FEMA Flood Hazard Floodway Zone AE designation. In short, development of the site would require extensive engineering and environmental considerations due to the flood zone. Access to the site is good.

Financial Feasibility Test — The neighborhood is primarily comprised of industrial, residential and open space uses. The financial feasibility of immediate development of the Subject takes into consideration the demand for various potential uses. Development of the site could be costprohibitive.

Looking at the site as if vacant, there are few economically viable uses for the Subject. While it could legally be used for crop farming, the practicality of that use is questionable due to its small size and location within an industrial and residential neighborhood. While open space is not an economically viable use, agricultural uses could generate some income, albeit marginal.

Subject
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Highest and Best Use Conclusion
Since the Subject does not have access to irrigation water, agricultural uses are not likely viable.

Development with a single-family dwelling is possible, but would require the structure being elevated on piers. While the residential market is strong in Modesto, the development of a new, custom home surrounded by industrial uses does not seem practical. While recreational/open space uses are not typically considered economically viable uses, this represents the most likely use of the Subject property. #17..
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VALUATION
Approaches to Value
In valuing real estate, three valuation methodologies are typically accepted in the appraisal process. These are the sales comparison approach, the income approach, and the cost approach. They are further described below.

Sales Comparison Approach
The sales comparison approach utilizes the principle of substitution, wherein recently sold comparable properties are found and analyzed for comparability to the subject property. The underlying assumption is that market support will be either similar to, or identical to any of a group of adjusted substitute properties; thus, the indicated value for the subject is based on a range of adjusted values for the “substitute” or “comparable” transactions.

Income Approach
Generally, the income approach converts income expectations into market value. The assumptions for the investment model can either be implicit in the model (direct capitalization, which converts a single year’s expected income into value using a ratio from the market), or explicit (yield capitalization, or DCF, which converts each year’s net income over a specified holding period).

Cost Approach
The cost approach identifies market supported improvements costs, subtracts a market supported amount assignable to accrued depreciation, adds land value, and derives a value based on the cost to reproduce the improvements. This “cost approach” presumes that a typical buyer would not pay more for an existing improved property (or a finished lot) than it would cost to reproduce the same improvements on a highly similar (substitute) site.

Value Methodology Used for the Subject Property
Of the three approaches to value, only the Sales Comparison Approach is utilized. The Sales Comparison Approach is applicable when a sufficient number of recent, reliable transactions create a perceptible value pattern in the market. For properties that are bought and sold regularly, the Sales Comparison Approach provides a good indication of market value, as it generally reflects the motivations of buyers and sellers.

The Cost Approach and Income Approach were not utilized because they do not reflect the motivations of typical buyers and sellers for this property type.

Sales Comparison Approach
The process of developing comparable sales included searching public record and published data sources for the most relevant sales of similar, competing properties in the Subject’s market area. Each sale was then verified by interviewing brokers, agents, buyers or sellers. The sales prices were adjusted as necessary for transactional elements such as financing, conditions of sale, post-sale expenditures, and market conditions. Finally, the sale properties were compared to the Subject for property characteristic differences. Primary elements of comparison are location, size, shape, access, and zoning.

Open space properties are not typically traded in the open market, given their limitations on development and lack of utility and/or marketability. While these types of properties do transact, the data is limited and geographically distant. After a thorough search of the local market, even sales of open space land in Stanislaus, Merced and San Joaquin Counties had other factors that impacted the value and appeal of the properties. The Subject is a unique property, given its location within the Modesto city limits, its proximity #17..
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to utilities, infrastructure and amenities, and its location along Dry Creek. These attributes are not easily captured in sales of open space land that lie far outside incorporated boundaries.

As such, the following analysis includes sales of both open space/recreational land, as well as agricultural land values, which is the most similar property type to open space. It should be remembered that each agricultural sale also could be developed with at least one single family dwelling, and inherently includes the value of one homesite. For this reason, the agricultural properties are considered superior to the Subject for development potential.

Comparable sales of similar vacant land parcels in Modesto and surrounding areas were researched and analyzed for this assignment. The selected sales are presented on the following comparable sales summary table and location map. Satellite images of each comparable sale can be found as Addendum C. The most appropriate units of comparison for this assignment is the price per acre. The following table summarizes the sales utilized in this assignment to appraise the Subject, as vacant. #17..
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# Address Size - Acres Shape Zoning Grantor Rec. Date
City Size - SF Access General Plan Grantee Price
County Topography Easements Doc. # Price/Acre
APN(s) Buildable Flood Zone Allocated
A SEC of Calvine/Jordan Ranch 7.47 Atypical AR-5 York 2/6/2018 Sacramento 325,393 Typical Agriculture Singh $100,000
Sacramento Level Typical 201802060904 $13,387
121-0180-063 No Zone AE
B Raley Blvd 14.32 Typical M-1 Garrette Ent. 10/25/2017 Sacramento 623,779 Typical Light Industrial Sac Area Flood $219,000 Sacramento Level Typical 201710250572 $15,293
215-0244-021 No Zone AE
1 4019 S Central 18.5 Typical A-2-40 Sanders Trust 12/3/2020 Turlock 805,860 Typical Agriculture Avila $625,000
Stanislaus Level Typical 99615 $33,784
058-027-005, 006 Yes Zone X
2 600 Tim Bell Road 8.09 Typical Residential Shaw 10/9/2020 Waterford 352,400 Typical LDR Hendrick Trust $275,000
Stanislaus Level Typical 78601 $33,993
080-023-004 Yes Zone X
3 12701 Ehrlich Road 39.45 Typical A-2-40 Sawyer 10/8/2020 Turlock 1,718,442 Typical Agriculture Romero $830,000
Stanislaus Level Typical 77869 $21,039
057-002-014 Yes Zone A
4 5137 S. Prairie Flower Road 11.44 Typical A-2-40 Crovo Trust 10/7/2020 Turlock 498,326 Typical Agriculture Brown $350,000
Stanislaus Level Typical 77369 $30,594
057-011-004 Yes Zone X
5 12337 Simmons Road 20.02 Typical A-2-40 Kaminski Trust 5/7/2020 Crows Landing 872,071 Limited Agriculture Carvalho $800,000 Stanislaus Level Typical 31452 $39,960
058-021-003, 007 Yes Zone X $28,000
6 1430 Linwood Avenue 20.06 Typical A-2-40 Hawkins 3/19/2020 Crows Landing 873,814 Typical Agriculture Bajwa $650,000 Stanislaus Level Typical 19925 $32,403
058-022-036 Yes Zone A $28,000
7 Gomes Road 11.23 Atypical A-2-10 Granite LLC 9/12/2019 Modesto 489,179 Average Urban Transistion Cabral $349,000 Stanislaus Level Typical N/A $31,077
014-037-067 Yes Zone A
Sub S. Morton Blvd. 11.99 Atypical R-1 N/A 1/26/2021
Modesto 522,284 Good Open Space N/A DOV
Stanislaus Level/Sloping Typical N/A
106-034-001 Possible Zone AE/Floodway
Comparable Land Sales
Agricultural/Homesite Sales
Open Space/Recreational
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Comparable Land Sales Map – Open Space/Recreational
Comparable Land Sales Map – Ag/Homesite
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Summary of Sales Comparison Approach
Sale A includes a 7.47-cre parcel of land along the southerly side of Calvine Road, just east of Jordan Ranch Road. The easterly and southerly boundary abuts Laguna Creek and the entire property is within Zone AE, which makes development of a residence cost-prohibitive. Although development exists to the north, east, south and west, the property is low-lying compared to the neighboring properties and is essentially unbuildable. The buyers intentions were to use the property for animals. It sold for $100,000, which is equivalent to $13,387 per acre.

Sale B includes a 14.32-acre parcel on the easterly side of Raley Boulevard, north of Santa Ana Avenue in northerly Sacramento. The property has a creek running through the westerly portion and is within Flood Zone AE. The property is also encumbered by transmission line easements. Although it has close proximity to utilities and other development, this parcel is considered unbuildable, due to wetlands. The property was listed on the open market, but interested buyers were dissuaded when finding out the property is not buildable. The Sacramento Area Flood Control Agency purchased the site for $219,000, which equates to $15,293 per acre and will use the property for a channel widening project. The sale is not considered to be influenced by the potential for eminent domain.

Sale 1 is located at 4019 South Central Avenue in Turlock, south of the Subject property. This 18.5-acre agricultural property that sold in December 2020 for $625,000, or $33,784 per acre. The property included two smaller, older single-family dwellings that were in below-average condition. They did have some contributory value, although no specific allocation was reported. There was an older ag well on the property, but its condition was questionable. Overall, this property is superior for its development potential (outside a flood hazard zone) and superior for improvements. The Subject’s value is expected to be lower than Sale

1. Sale 2 is located at 600 Tim Bell Road in the Waterford area. This 8.09-acre property sold in October 2020 for $275,000, which is equivalent to $33,993 per acre. This is a vacant agricultural property that is transitional in nature, with low-density residential zoning, similar to the Subject’s. It is in the same general size category as the Subject but is superior for its development potential and location outside of a flood hazard zone. Overall, this sale is considered superior to the Subject.

Sale 3 is located at 12701 Ehrlich Road in Turlock. It consists of a 39.45-acre agricultural property that sold in October 2020 for $830,000, or $21,039 per acre. The property was improved with a small dwelling that had minimal contributory value. Its soils were subpar for agricultural uses and it is within Flood Zone A. Its larger size is somewhat inferior to the Subject’s size. Overall, this sale is considered inferior and would indicate a higher unit value for the Subject property.

Sale 4 is located at 5137 S. Prairie Flower Road in Turlock, south of the Subject property. It includes an

11.44-acre property that sold in October 2020 for $350,000, or $30,594 per acre. It is zoned for agricultural uses. Its size is very similar to the Subject’s. However, this sale is superior for location and development potential to a residential homesite. Also, it includes an older domestic well and septic system.

Sale 5 is located at 12337 Simmons Road in Crows Landing. It sold in May 2020 for $800,000 ($39,960) and includes one parcel with 20.02 acres. The allocated price per acre for the raw land is $28,000 per acre, whereas the structural improvements were allocated the remainder of the sale price. The property is zoned for agricultural uses. This sale is inferior for its larger size, but superior for location and development potential.

Sale 6 is located at 1430 Linwood Avenue in Crows Landing and sold in March 2020 for $650,000. While the property is comprised of 20.06 acres, the allocated raw land value was $28,000 per acre, with the #17..
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structural improvements having roughly $88,320 contributory value. It is zoned for agricultural uses. This sale is inferior for its larger size, but superior for location and development potential.

Sale 7 is located on Gomes Road and includes a 11.23-acre parcel that sold in September 2019 for $349,000.

The indicated price per acre is $31,077 for this agricultural property along the Dry Creek frontage. Its size is very similar to the Subject’s. A pad was built up on this site to be able to accommodate a homesite, given its Flood Zone designation. Ultimately, this sale is superior for location and development potential.

The open space (unbuildable) land sales indicated prices of $13,387 and $15,293 per acre. These sales closed in 2017 and 2018, but given the limited market activity for these types of properties, no time adjustment is warranted.

The remaining comparable sales range from $21,039 to $33,993 per acre (land) and all sold between 2019 and 2020. Market conditions for agricultural land in the area was generally stable during this time period and no time adjustment is warranted. Each of these sales is considered to be superior as compared to the Subject with regard to development potential (homesite).

The sales that are most similar to the Subject with regards to development potential are Sales A and B ($13,387 and $15,293 per acre, respectively). These sales are in the same general size category as the Subject and have very limited development potential. However, these sales do not capture the appeal the Subject has given its location within Modesto and adjacency to Dry Creek. These sales would indicate a higher unit value for the Subject property.

The remaining sales are each considered to be superior to the Subject property. This conclusion is due to the very unique characteristics that the Subject possesses, such as atypical shape, inclusion within a FEMA designated Flood Zone AE and Floodway. While it does have some limited potential for agricultural uses, as well as the legal allowance of a residence (if elevated), the physical characteristics of the property diminish the potential value.

Indicated Value using the Sales Comparison Approach
Taking into consideration the Subject’s location and accessibility, size and availability of utilities, and corresponding development challenges, a value of $20,000 per acre of land is estimated for the Subject site.

As such, the estimated value of the Subject property (land only) is $240,000, when rounded.

Summary of Value
Size Indicated Unit Value Total

11.99 acres $20,000/acre $239,800
Rounded $240,000
Exposure Time
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ADDENDA
ADDENDUM A – QUALIFICATIONS OF APPRAISER
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CHAPMAN & PATTON
Danville Office Oakdale Office
108 Club Terrace P.O. Box 973
Danville, CA 94526 Oakdale, CA 95361
Phone: 925.831.1311 Phone: 209.484.3217
Email: [email protected] Email: [email protected] Michelle Patton MAI, SR/WA, R/W-AC
President, Chapman & Patton
Experience:
2014 - Present Senior Appraiser: Chapman & Patton
Oakdale, California. (formerly Dean Chapman & Associates) 2008-2013 Senior Appraiser: Craig Owyang Real Estate, Inc.

Elk Grove, California.
2003-2008 Staff Appraiser: Robert Ford & Associates, Inc.

Modesto, California.

Memberships: The Appraisal Institute
International Right-of-Way Association
National Association of Realtors®
American Society of Farm Managers and Rural Appraisers (ASFMRA) Appraisal Designations: MAI (Designated Member of Appraisal Institute) Right-of-Way Designation: SR/WA (Senior Right-of-Way Agent – IRWA) R/W-AC (Right-of-Way Appraisal Certification – IRWA)
State Certification: Certified General Real Estate Appraiser State of California (AG030012)
Other Licensure: Real Estate Broker - Bureau of Real Estate State of California (BRE 01767847)
Appraiser Profile
Michelle Patton, MAI, SR/WA, R/W-AC was born and raised in California, originally from Danville but now resides near Oakdale. Mrs. Patton began her appraisal career in 2003 with Robert Ford and Associates, a commercial appraisal firm in Modesto, California. In 2009, the firm was purchased by Craig Owyang Real Estate where Mrs. Patton was a senior appraiser for over four years. She officially joined Dean Chapman & Associates as a staff appraiser in 2014. She earned the MAI designation from the Appraisal Institute in 2012 and the SR/WA and R/W-AC (Right-of-Way Appraisal Certification) from the International Right of Way Association in 2017 and 2013, respectively. She served as President on the Northern California Chapter of the Appraisal Institute’s board of directors in 2018. In 2019, she co-authored an article entitled “Transitional Use TCE”, which appeared in Right of Way magazine published by the International Right of Way Association. #17..
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Recent Professional Education
• Healthy is the New High Performance for Homes (Appraisal Institute) – January 2019 • 4-Hour Federal and California Statutory and Regulatory Laws – (Appraisal Institute) – Nov 2018 • IRS, Gift and Estate Tax Valuations – (Appraisal Institute) – November 2018 • Vineyard Valuation – (Appraisal Institute) – August 2018 • Business Practices and Ethics (Appraisal Institute) – February 2018 • USPAP (Appraisal Institute) – February 2018
• Zero Net Energy Home Building – (Appraisal Institute) – September 2017 • Bargaining Negotiations (IRWA) – May 2017
• Alternative Dispute Resolution (IRWA) January 2017
• Income Capitalization Approach (IRWA) – January 2017
• Real Estate Engineering (IRWA) – January 2017
• Real Estate Law (IRWA) – January 2017
• Principles of Land Acquisition (IRWA) – August 2016
• Real Estate Negotiation (IRWA) – July 2016
• Easement Valuation (IRWA) - July 2016
• Environmental Process (IRWA) – July 2016
• United States Land Titles (IRWA) – July 2016
• Legal Aspects of Easements (IRWA) – July 2016
• Vineyard Valuation – (Appraisal Institute) – June 2015 • LDAC – Leadership Development Advisory Council – (Appraisal Institute) – May 2015 • Liability, Lawsuits & Damages (Appraisal Institute) – January 2015 • Uniform Standards of Professional Appraisal Practice (Appraisal Institute) – December 2015 • LDAC - Leadership Development Advisory Council – (Appraisal Institute)- May 2014 • LDAC - Leadership Development Advisory Council – (Appraisal Institute)- May 2013 • Litigation Appraising – Specialized Topics and Applications (Appraisal Institute) – May 2013 • Ethics and the Right of Way Profession (IRWA) – April 2013 • The Valuation of Partial Acquisitions (IRWA) – March 2013 • The Appraiser as an Expert Witness (Appraisal Institute) – February 2013 • Advanced Applications (Appraisal Institute) – February 2011 • Advanced Sales Comparison & Cost Approach (Appraisal Institute) – February 2011 • Advanced Income Capitalization (Appraisal Institute) – January 2011 • General Report Writing & Case Studies (Appraisal Institute) – January 2011 • General Market Analysis and Highest & Best Use (Appraisal Institute) – December 2010 • Uniform Appraisal Standards for Federal Land Acquisitions (Appraisal Institute)- November 2010 Recent Speaking Engagements
• IRWA – Chapter 42 Spring Conference – Temporary Severance Damages – March 2018 • IRWA – Chapter 42 – Transitional Use TCEs – September 2019 • IRWA – Chapter 2 – Transitional Use TCEs – September 2019 • Caltrans Workshop – Transitional Use TCEs – November 2019 #17..
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Examples of Appraisal Assignments by Michelle Patton
Gas Transmission Line Projects
Variety of property types in Placer County,
Sutter County, Yolo County, San Jose,
Redwood City, Woodside, Lodi, Thornton,
Graton, Tracy, Sacramento, Patterson
High Speed Rail Project
Industrial Property: Fresno
Commercial Properties: Fresno
Agricultural Properties: Corcoran, Fresno,
Selma
Overhead Transmission Line Projects:

Solar Facility: Santa Nella
Orchards: Linden, Buttonwillow, Bakersfield,
Coalinga
Highest and Best Use Consulting
Utility Corridor: Mountain View
Damage from Fire
Residential Land: Santa Cruz
Contaminated Sites
Union City
Misc. Consulting
Highest and Best Use – excess land
Gas Transmission Lines – stigma
Airport District: Rent Study
Parkland Proximity: Effect on Market Value
Property Line Dispute: San Leandro
Railroad Corridor Acquisition
Ione School District: Ione
Road Widening along BNSF: Riverbank
Turn Signal/Road Widening: Riverbank
Underground Utility Easements
Rural Residential/Ag: Bakersfield
Rangeland: Coalinga
Transitional Land: Manteca
Shopping Mall: San Jose
Subsurface Easements: S. San Francisco
Road Widening/Improvement Projects
Balfour Road/Hwy 4: Brentwood
Claribel Road Widening: Riverbank
Bridge Replacement: San Jose
Bridge Replacement: Brentwood
SR-84 Widening: Livermore
SR-101: Carpinteria
BART Station Project: Milpitas
Petaluma
Davis Road: Salinas
Hartnell Road: Salinas
Bridge Replacement: West Point
Possible Encroachment Issues
Fence Line Dispute: Redwood City
Tree Root Encroachment: Pacific Grove
Parking Encroachment: Lafayette
Round About Projects
Bardin Road: Salinas
Danville Boulevard: Alamo
David Avenue: Salinas
Landslides
Pacifica
Title Disputes
Driveway Easement: Mill Valley
Sewer Line Easement: Walnut Creek
Pedestrian Access: Lafayette
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Locations of properties appraised by Chapman & Patton
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ADDENDUM B – PRELIMINARY REPORT
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ADDENDUM C – COMPARABLE SALE SATELLITE IMAGES
Sale A
Sale B
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Sale 1
Sale 2
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Sale 3
Sale 4
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Sale 5
Sale 6
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Sale 7
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ADDENDUM D – ZONING ORDINANCE
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Appraisal Report

PREPARED FOR

RYAN DAUGHERTY, PROPERTY AGENT

CITY OF MODESTO

PREPARED BY

CHAPMAN & PATTON

EFFECTIVE DATE OF VALUE
JANUARY 26, 2021

E & J GALLO WINERY AND GALLO GLASS COMPANY PROPERTY
PORTIONS OF APNS 035-016-010, 035-018-009, 035-018-013 & 035-024-007

SOUTH SANTA CRUZ AVENUE

MODESTO, CALIFORNIA
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Oakdale, CA 95361
Phone (209) 484-3217
Fax (209) 844-0320
www.chapmanandpatton.com
May 19, 2021
Ryan Daugherty, Property Agent
City of Modesto, Utilities Department
1010 10th Street
PO Box 642
Modesto, CA 95353
Dear Mr. Daugherty,
Pursuant to our agreement, an appraisal has been made of the Fair Market Value of the unencumbered fee simple interest of a 12.13-acre portion of Assessor’s Parcel Numbers 035-016-010 and 035-018-009, which are owned by E&J Gallo Winery, as well as portions of 035-018-013 and 035-024-007, which are owned by Gallo Glass Company. For purposes of this assignment, it is assumed that the properties are all under the same Beneficial Control. The Subject property is located west of South Santa Cruz Avenue, south of Yosemite Avenue in Modesto, California. The property being appraised will be referred to as the Subject property in this report.

The purpose of the appraisal report is to provide Ryan Daugherty with the City of Modesto with a basis for determining the Fair Market Value of the unencumbered fee simple interest of the Subject as of a current valuation date. It is understood that the appraisal will be used by the City of Modesto to help establish a basis of value for a potential land swap with E&J Gallo Winery/Gallo Glass Company in connection with the Tuolumne Regional River Park District Riverwalk Project.

The accompanying report contains a brief description of the property to be appraised. A site visit was conducted on January 26, 2021 in the company of Nathan Houx, City of Modesto representative, as well as Andrew Layland and Tim Byrd, representatives of E&J Gallo Winery/Gallo Glass Company.

I have gathered pertinent information, sales and other data relevant to the valuation, and analyzed the data to reach my conclusions. In my opinion, the market value of the Subject property as of January 26, 2021 was $243,000.

This is an Appraisal Report that is performed in accordance with generally accepted reporting requirements for Uniform Standards of Professional Appraisal Practice 2-2(a). Please refer to the General Assumptions and Limiting Conditions, as well as the Extraordinary Assumptions and Hypothetical Conditions found in the Introduction section of this report.

Very truly yours,

CHAPMAN & PATTON
Michelle Patton, MAI, SR/WA, R/W-AC
Certified General Real Estate Appraiser # AG030012
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TABLE of CONTENTS

INTRODUCTION & SUMMARY
Purpose of the Appraisal............................................................................................................................... 1 Appraisal Report Format............................................................................................................................... 1 Scope of the Assignment .............................................................................................................................. 1 Intended Use ................................................................................................................................................. 2 Intended User and Client .............................................................................................................................. 2 Definitions..................................................................................................................................................... 2 General Assumptions and Limiting Conditions............................................................................................ 4 Extraordinary Assumptions and Hypothetical Conditions............................................................................ 5 Certification of Appraiser ............................................................................................................................. 6 Summary of Salient Facts............................................................................................................................. 7

ANALYSIS
Market Update .............................................................................................................................................. 7 Area, City and Neighborhood Data............................................................................................................... 8 Subject Property Photographs..................................................................................................................... 12 Subject Property Identification ................................................................................................................... 14 Property Data .............................................................................................................................................. 16 Highest And Best Use - As Vacant............................................................................................................. 23 Highest And Best Use Conclusion.............................................................................................................. 23

VALUATION
Approaches to Value................................................................................................................................... 24 Sales Comparison Approach....................................................................................................................... 24 Indicated Value using the Sales Comparison Approach............................................................................. 29 Exposure Time............................................................................................................................................ 29

ADDENDA
Addendum A – Qualifications of Appraiser ............................................................................................... 30 Addendum B – Preliminary Report - APN 035-016-010 ........................................................................... 35 Addendum C – Preliminary Report - APN 035-018-009 ........................................................................... 56 Addendum D – Comparable Sale Satellite Images..................................................................................... 75 Addendum E – Zoning Ordinance .............................................................................................................. 79 #17..
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INTRODUCTION
Purpose of the Appraisal
The purpose of this appraisal is to estimate the Fair Market Value of a 12.13-acre portion of APNs 035- 016-010, 035-018-009, 035-018-013 and 035-024-007 (Stanislaus County) in Modesto, California as of a current date of value.

Appraisal Report Format
This is an Appraisal Report, in accordance with the requirements identified in Standard Rule 2-2(a) of USPAP. The report format had been mutually agreed-upon by the client and undersigned prior to completion of this assignment. Additional supporting documentation and analyses, as appropriate, is retained in the appraiser’s file.

Scope of the Assignment
The scope of inspection consisted of a site visit of the Subject by Michelle Patton on January 26, 2021.

The scope of comparative data verification included a conversation with at least one of the parties to each transaction and review of county recording data. Each comparable sale was viewed, photographed and verified by Michelle Patton. The comparables cited herein should be construed as being a pertinent sampling, which were selected based upon physical and location similarities relative to the property under appraisement and/or the credibility of the data.

As of the date of value, the State of California was under a modified shelter-in-place mandate due to the rapid spread of COVID-19. In some cases, this mandate compromised the ability to gather information from public agencies and brokers related to this assignment.

The geographic scope of research was focused in Modesto and surrounding communities.

The following scope of resources was used in the development of the market value opinion expressed herein. Information provided by the client consisted of a preliminary report, aerial maps of the property to be appraised, and a description of the project.

Sources used in the process of analyzing the Subject property included:
• Assessor’s map
• Flood hazard map
• Discussions with local brokers
• Zoning ordinance for the City of Modesto
• General Plan for the City of Modesto
• Discussions with Ryan Daugherty, Real Property Agent with City of Modesto Sources used in the process of estimating value for the Subject included:
• Assessor’s records
• Multiple Listing Service (MLS)
• Local brokers
• CoStar
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Intended Use
The intended use of the appraisal and report is to provide Ryan Daugherty (City of Modesto) with an opinion of fair market value of a 12.13-acre portion of APNs 035-016-010, 035-018-009, 035-018-013 and 035- 024-007 (Stanislaus County). It is understood that the appraisal will be used by the City of Modesto to help establish a basis of value for the Subject that will be used for a potential land swap with E&J Gallo Winery/Gallo Glass Company in connection with the TRRP Riverwalk Project. It is not intended for any other use.

Intended User and Client
The intended user and client of this appraisal is Ryan Daugherty, Property Agent with the City of Modesto.

The appraisal is not intended for any other user.

Definitions
Appraisal Report - A written appraisal report prepared under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice.

Easement - Nonpossessory (incorporeal) interest in landed property conveying use, but not ownership, of a portion of that property.1
Encumbrance - Any claim or liability that affects or limits the title to property. An encumbrance can affect the title such as a mortgage or other lien, or it can affect the physical condition of the property such as an easement. An encumbrance cannot prevent the transfer of possession, but it does remain after the transfer. 2 Extraordinary Assumption - An assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions.”3
Fee Simple - Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat.4 Highest And Best Use - The following explanation is taken directly from the 15th Edition of The Appraisal of Real Estate:

The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Alternatively, the probable use of land or improved property – specific with respect to the user and timing of the use – that is adequately supported and results in the highest present value. 1 Source: The Dictionary of Real Estate Appraisal, 5th Ed., published by the Appraisal Institute, 2010. 2 Source: The Dictionary of Real Estate Appraisal, 5th Ed., published by the Appraisal Institute, 2010. 3 Source: 2020-2021 Edition of USPAP, Page 4
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Hypothetical Condition - A Hypothetical Condition is “a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis.”
Comment: “Hypothetical Conditions are contrary to known facts about physical, legal or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in the analysis.”5 Market Value - The fair market value of the property taken is the highest price on the date of the valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity of so doing nor obliged to sell, and a buyer, being ready, willing and able to buy, but under no particular necessity for so doing, each dealing with each other with full knowledge of the uses and purposes for which the property is reasonably adaptable and available.6
5 Source: 2020-2021 Edition of USPAP, page 4
6 Source: Code of Civil Procedure, Section 1263.320(a)
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It is advisable to have a soil analysis and report completed by a qualified soil engineer or other qualified expert so that any interested party will become knowledgeable as to the important soil information including seismic data, soil contaminants, type of fill, if any, or other relevant matters.
11) Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with Disabilities Act. 12) The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. #17..
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Extraordinary Assumptions and Hypothetical Conditions
Please note that all Extraordinary Assumptions and Hypothetical Conditions could have an effect on the results of this appraisal.

Extraordinary Assumptions
1) It is assumed that no hazardous or toxic substances exist on the Subject property or the soils comprising the Subject land.
2) It is assumed that no other easements exist on the entire property that could affect use and/or value other than those noted in this report.
3) As the Subject contains a portion of a larger APN, it is assumed that a lot line adjustment/subdivision will be completed to create a separate, legal parcel and that all costs for the lot line adjustment/subdivision will be incurred by the City of Modesto. 4) It is assumed the Subject parcels are all under the same Beneficial Control. 5) There is a 20’ wide MID parcel that separates APNs 035-024-007 and 035-018-013. It is assumed that uninterrupted access to the Subject is provided across this parcel.

Hypothetical Condition
None.
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May 19, 2021
Date Michelle Patton, MAI, SR/WA, R/W-AC
Certified General Real Estate Appraiser # AG030012
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Summary of Salient Facts
Subject Property Location: Westerly side of South Santa Cruz Avenue, Modesto, California|
Assessor Parcel Number(s): A ~2.99-acre portion of 035-016-010 (Stanislaus County) A ~8.78-acre portion of 035-018-009
A ~0.25-acre portion of 035-018-013
A ~0.11-acre portion of 035-024-007
Owner(s) of Record: E&J Gallo Winery and Gallo Glass Company Effective Date of Value: January 26, 2021
Date of Inspection: January 26, 2021
Date of Report: May 19, 2021
Intended Use: Provide the City of Modesto with a basis for the value of the Subject property for a potential land swap with E&J Gallo Winery/Gallo Glass Company.

Intended User(s): Ryan Daugherty, City of Modesto
Total Land Area: 12.13 acres
Improvements: None (assumed)
Zoning Designation: M - Industrial and PD-87 - Planned Development General Plan: Industrial and Planned Development
Rezoning Probability: Unlikely, but possible
Current Land Use: Assumed to be vacant, raw land
Interest Appraised: Fee simple
Highest and Best Use: Open Space/Recreational
Extraordinary Assumptions: See Page 5
Hypothetical Conditions: None
Summary of Value:

Value by Sales Comparison Approach $243,000
Value by Income Capitalization Approach Not Applicable
Value by Cost Approach Not Applicable
Fair Market Value $243,000
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Because of Coronavirus, a stay at home order was issued by the State for California on March 19, 2020.

Area, City and Neighborhood Data
Stanislaus County
The Subject property near the central portion of the
city of Modesto, California, within Stanislaus County.

Although the Subject lies in an unincorporated area,
the City limits are located adjacent to the Subject on
the east and west boundaries. It is part of the region
commonly known as “The Central Valley” because of
its location in the center of California. The Central
Valley is comprised of eight counties: San Joaquin,
Stanislaus, Merced, Madera, Fresno, Kings, Tulare
and Kern.

Stanislaus County is located in the north region of the Central Valley approximately 77-miles south of
Sacramento, 87-miles east of San Francisco and 100-
miles west of Yosemite National Park. The primary
industry in Stanislaus County is agriculture along with agricultural-related industry. The production of
commodities such as almonds (the leading crop),
apricots, melons, tomatoes, wine grapes, peaches,
walnuts, dairy and poultry products generates even more economic activity through their processing, packaging, marketing, and retail.

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Stanislaus County could be considered to be an agriculture county in transition. Prior to 1960, most of the county’s population lived on farms. Currently, the county’s incorporated population is nearly three times that of the unincorporated area. Though the economic base remains predominantly agricultural, the County’s economy is shifting and population growth has increased pressure to alter agricultural lands to non-agricultural uses. The escalating population requires new jobs and housing to support it. As the population grows, this region will attempt to capture the interest of industries willing to take advantage of the skilled work force (now commuting to the Bay Area), and low land and construction costs. Growth in nonagricultural industries such as services and retail trades has begun to stabilize employment levels and is expected to provide most of the new employment opportunities.

Highway 99, one of California’s major north-south arterials, extends through Modesto’s west side, and bisects the downtown area.

Santa Fe, Southern Pacific, and Union Pacific Railroads serve Modesto with interstate and transcontinental service. Modesto City-County Airport offers services through Sky West. Three to five flights each day connect with San Francisco and Sacramento. Nonstop flights are also available to major hubs throughout the nation.
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Regional Map
The Immediate Neighborhood
The Subject is located on the west side of South Santa Cruz Avenue, near the terminus at Tuolumne River.

The Subject is adjacent to the Modesto city limits and lies within the Modesto Sphere of Influence. The Subject is located in an area under the jurisdiction of Stanislaus County. Please refer to the neighborhood map on the following page.

The Subject property includes portions of parcels owned and operated by E&J Gallo Winery and Gallo Glass Company, which comprise a large industrial campus used for manufacturing of wine and administrative and laboratory offices for the Gallo operations. The immediate neighborhood contains a mix of uses, primarily separated by South Santa Cruz Avenue. Uses south of Yosemite Boulevard (SR132) and west of South Santa Cruz Avenue consist primarily of heavy industrial uses and the previously mentioned Gallo campus. On the easterly side of the street, the uses consist of older single-family dwellings, public/quasi-public uses and some paved parking lots for Gallo employees.

South Santa Cruz Avenue leads to the main entrance of Legion Park, which is part of the Tuolumne River Regional Park system. Legion Park extends from South Santa Cruz Avenue easterly towards Tioga Drive.

The portion of the Gallo facility immediately adjacent to the Subject on the northwest is primarily open space, with landscaping, walking trails, and a large pond. This area surrounds the Gallo administration building. Immediately adjacent to the south is the Tuolumne River. #17..
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Neighborhood Map
Neighborhood Aerial
Subject
Subject
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Subject Property Photographs
Note: All photographs were taken on January 26, 2021 by Michelle Patton

Left: Northerly view of westerly portion of Subject
Right: Northeasterly view of westerly portion of Subject

Left: Typical terrain
Right: Northerly view of proposed access easement to be retained by E&J Gallo Winery

Left: Pump facilities within easement to be retained by E&J Gallo Winery Right: Typical terrain
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Left: Typical terrain
Right: Easterly view of Tuolumne River frontage

Left: Easterly view of Subject along Tuolumne River
Right: Easterly view of easterly portion of Subject
Left: Easterly view of easterly portion of Subject
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Subject Property Identification
Legal Description
Two preliminary reports prepared by Chicago Title Company were provided for this assignment. The report dated December 4, 2019 included the following legal description for APN 035-016-010.

Note: The Subject includes only a portion of the above-referenced APN.

The second report dated December 6, 2019 included the following legal description for APN 035-018-009.

Note: The Subject includes only a portion of the above-referenced APN. #17..
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Property Data
Site Size, Shape and Topography
The Subject includes portions of four APNs. It does not specifically have its own situs address. As identified by the client, the Subject parcel is a 12.13-acre portion of land within 4 separate APNs. The areas outlined by the client include the following (see client exhibit on the following page for identification of the Subject property):

APN Total Parcel Size Areas included in Subject Property 035-016-010 41.40 acres 2.99 acres
035-018-009 17.35 acres 8.78 acres
035-018-013 17.56 acres 0.25 acre
035-024-007 0.20 acre 0.11 acre
Total 12.13 acres
The 12.13-acre portion includes an elongated, atypically-shaped property along the Tuolumne River frontage. The property can be accessed from the easternmost edge, along South Santa Cruz Avenue.

Notably, there is a 20’ wide MID parcel that separates APNs 035-024-007 and 035-018-013. It is assumed that uninterrupted access to the Subject is provided across this parcel (refer to Extraordinary Assumption 4). The site includes some level areas, as well as undulating terrain and down-sloping areas nearest the river.

It is assumed for purposes of this assignment that a 0.64-acre portion of APN 035-016-010 (westerly parcel) will be encumbered with an easement that will be retained by the property owner for an access road between the Gallo facilities to the north and an existing lift pump near the river frontage.

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Client Exhibit
Satellite Image
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Assessor’s Parcel Map 035-016
Assessor’s Parcel Map 035-018
Subject Portion
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Assessor’s Parcel Map 035-024
Current Use/Improvements
The majority of the Subject is unimproved, unused open space along the Tuolumne River frontage. The only portions of the Subject that have been used recently include the areas within the two easterly parcels.

These portions were used for parking and outdoor equipment storage.

The Subject is physically separated from the remainder of the APNs owned by Gallo by a chain link fence with security razor wire along the northerly boundary. The fence prevents trespassing into the Gallo facilities. There are numerous mature eucalyptus trees planted near the northerly fence, and the rest of the Subject includes numerous mature native trees and shrubs along the river frontage.

The Subject is not located in a Special Earthquake Studies Zone but is subject to ground shaking as are all properties in this region.

FEMA Flood Hazard Area
As illustrated on the flood insurance rate map on the following page, the Subject is entirely within a flood hazard zone. The large majority of the parcel is within the FLOODWAY Zone AE, which includes areas subject to inundation by the 1-percent-annual-chance flood event determined by detailed methods. Base Flood Elevations (BFEs) are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply.

Subject Portion
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Denny Ferreira, Chief Building Official with Stanislaus County, explained that the FEMA designations for the Subject severely limit development potential for the property. The only buildable portion of the Subject is the area within Special Flood Hazard Area of Zone AE, which includes the access road portion near South Santa Cruz Avenue.

The rest of the Subject is within the FLOODWAY Zone AE. Any improvement to the property (including buildings, fences, storage of personal belongings, grading, etc.) would require a No-rise Certification from FEMA. This area is considered to be within the banks of the Tuolumne River. According to FEMA, “Any project within a floodway must be reviewed to determine if the project will increase flood heights. An engineering analysis must be conducted before a permit can be issued…” These characteristics cause significant restrictions that impact potential development of the site. This topic will be further discussed in the determination of the highest and best use of the Subject.

FIRM Map
Easements
Two preliminary reports were provided for this assignment and can be found as Addendum B and C.

However, these reports cover lands outside of the Subject boundaries, so any identified easements may not apply to the Subject. It is assumed that no other easements exist that could negatively affect the property’s value or marketability other than those mentioned in this report.

Subject
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This assignment assumes that the property owner (Gallo) will retain a 0.64-acre access easement (as shown below) across the westerly portion of the site, to allow continued access from the winery facility to the north, and an existing well/lift pump facility near the river bank.

Sales/Use History
The Subject property has been owned by Gallo for decades. There are no recent sales or transfers of the property.

Assessed Value and Taxes (2020 - 2021)
Since the Subject property is part of 4 APNs, its assessed values and taxes have not been identified separately. If the Subject were ever to be sold off from the remaining portions of the APNs, the property would be reassessed per Proposition 13.

Zoning & General Plan: City of Modesto
The Subject is under the jurisdiction of the Stanislaus County Planning Department. Three of the four parcels are zoned Industrial, whereas the small parcel along South Santa Cruz Avenue is zoned PD-87. The Stanislaus County General Plan designation (M-Industrial) is consistent with the zoning. While a change in zoning is possible, it is unlikely.

The Subject is within the city of Modesto’s Sphere of Influence, which designates the Subject for Open Space uses. If the property were ever to be annexed into the Modesto City limits, a rezone to uses compatible with the underlying general plan designation of Open Space would be reasonable. #17..
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Zoning Map – Stanislaus County
General Plan Map – Stanislaus County
Subject
Subject
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Legal Permissibility Test — The Subject is zoned for industrial uses, which allows a wide variety of manufacturing, warehousing and office uses. Open space and some limited agricultural uses are also allowable.

Physical Possibility Test — The physical nature of the Subject in terms of topography and inclusion in the FLOODWAY Zone AE is the significant limiting factor for development. Only a very small portion of the Subject is buildable, and even that area would require extensive engineering and environmental considerations due to the flood zone. Access to the site is limited to the narrow strip of land extending from South Santa Cruz Avenue.

Financial Feasibility Test — Open space and recreational uses are the most likely use of the Subject, given its proximity to the Tuolumne River.

Highest and Best Use Conclusion
While recreational/open space uses are not typically considered economically viable uses, this represents the most likely use of the Subject property.

Subject (Open Space)
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The Cost Approach and Income Approach were not utilized because they do not reflect the motivations of typical buyers and sellers for this property type.

Open space properties are not typically traded in the open market, given their limitations on development and lack of utility and/or marketability. While these types of properties do transact, the data is limited and geographically distant. After a thorough search of the local market, even sales of open space land in Stanislaus, Merced and San Joaquin Counties had other factors that impacted the value and appeal of the properties. The Subject is a unique property, given its location surrounded by the Modesto city limits, its #17..
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proximity to utilities, infrastructure and amenities, and its location along the Tuolumne River. These attributes are not easily captured in sales of open space land that lie far outside incorporated boundaries.

Comparable sales of similar vacant land parcels in Modesto and surrounding areas were researched and analyzed for this assignment. The selected sales are presented on the following comparable sales summary table and location map. Satellite images of each comparable sale can be found as Addendum C. The most appropriate units of comparison for this assignment is the price per acre. The following table summarizes the sales utilized in this assignment to appraise the Subject, as vacant. #17..
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# Address Size - Acres Shape Zoning Grantor Rec. Date
City Size - SF Access General Plan Grantee Price
County Topography Easements Doc. # Price/Acre
APN(s) Buildable Flood Zone Allocated
A SEC of Calvine/Jordan Ranch 7.47 Atypical AR-5 York 2/6/2018 Sacramento 325,393 Typical Agriculture Singh $100,000
Sacramento Level Typical 201802060904 $13,387
121-0180-063 No Zone AE
B Raley Blvd 14.32 Typical M-1 Garrette Ent. 10/25/2017 Sacramento 623,779 Typical Light Industrial Sac Area Flood $219,000 Sacramento Level Typical 201710250572 $15,293
215-0244-021 No Zone AE
1 4019 S Central 18.5 Typical A-2-40 Sanders Trust 12/3/2020 Turlock 805,860 Typical Agriculture Avila $625,000
Stanislaus Level Typical 99615 $33,784
058-027-005, 006 Yes Zone X
2 600 Tim Bell Road 8.09 Typical Residential Shaw 10/9/2020 Waterford 352,400 Typical LDR Hendrick Trust $275,000
Stanislaus Level Typical 78601 $33,993
080-023-004 Yes Zone X
3 12701 Ehrlich Road 39.45 Typical A-2-40 Sawyer 10/8/2020 Turlock 1,718,442 Typical Agriculture Romero $830,000
Stanislaus Level Typical 77869 $21,039
057-002-014 Yes Zone A
4 5137 S. Prairie Flower Road 11.44 Typical A-2-40 Crovo Trust 10/7/2020 Turlock 498,326 Typical Agriculture Brown $350,000
Stanislaus Level Typical 77369 $30,594
057-011-004 Yes Zone X
5 12337 Simmons Road 20.02 Typical A-2-40 Kaminski Trust 5/7/2020 Crows Landing 872,071 Limited Agriculture Carvalho $800,000 Stanislaus Level Typical 31452 $39,960
058-021-003, 007 Yes Zone X $28,000
6 1430 Linwood Avenue 20.06 Typical A-2-40 Hawkins 3/19/2020 Crows Landing 873,814 Typical Agriculture Bajwa $650,000 Stanislaus Level Typical 19925 $32,403
058-022-036 Yes Zone A $28,000
7 Gomes Road 11.23 Atypical A-2-10 Granite LLC 9/12/2019 Modesto 489,179 Average Urban Transistion Cabral $349,000 Stanislaus Level Typical N/A $31,077
014-037-067 Yes Zone A
Sub S. Santa Cruz Ave 12.13 Atypical Industrial N/A 1/26/2021 Modesto (uninc) 528,383 Below-Ave Industrial N/A DOV
Stanislaus Level/Sloping Typical N/A
Various N/A Zone AE/Floodway
Comparable Land Sales
Agricultural/Homesite Sales
Open Space/Recreational
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Comparable Land Sales Map – Open Space/Recreational
Comparable Land Sales Map – Ag/Homesite
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Summary of Sales Comparison Approach
Sale A includes a 7.47-acre parcel of land along the southerly side of Calvine Road, just east of Jordan Ranch Road. The easterly and southerly boundary abuts Laguna Creek and the entire property is within Zone AE, which makes development of a residence cost-prohibitive. Although development exists to the north, east, south and west, the property is low-lying compared to the neighboring properties and is essentially unbuildable. The buyer’s intentions were to use the property for animals. It sold for $100,000, which is equivalent to $13,387 per acre.

Summary of Sales Comparison Approach
Sale 1 is located at 4019 South Central Avenue in Turlock, south of the Subject property. This 18.5-acre agricultural property that sold in December 2020 for $625,000, or $33,784 per acre. The property included two smaller, older single-family dwellings that were in below-average condition. They did have some contributory value, although no specific allocation was reported. There was an older ag well on the property, but its condition was questionable. Overall, this property is superior for its development potential (outside a flood hazard zone) and superior for improvements. The Subject’s value is expected to be lower than Sale

Sale 4 is located at 5137 S. Prairie Flower Road in Turlock, south of the Subject property. It includes an

Sale 5 is located at 12337 Simmons Road in Crows Landing. It sold in May 2020 for $800,000 ($39,960 per acre) and includes one parcel with 20.02 acres. The allocated price per acre for the raw land is $28,000 per acre, whereas the structural improvements were allocated the remainder of the sale price. The property is zoned for agricultural uses. This sale is inferior for its larger size, but superior for location and development potential.

Sale 6 is located at 1430 Linwood Avenue in Crows Landing and sold in March 2020 for $650,000. While the property is comprised of 20.06 acres, the allocated raw land value was $28,000 per acre, with the #17..
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structural improvements having roughly $88,320 contributory value. It is zoned for agricultural uses. This sale is inferior for its larger size, but superior for location and development potential.

Sale 7 is located on Gomes Road and includes a 11.23-acre parcel that sold in September 2019 for $349,000.

The indicated price per acre is $31,077 for this agricultural property along the Dry Creek frontage. Its size is very similar to the Subject’s. However, this sale is superior for location and development potential.

The sales that are most similar to the Subject with regards to development potential are Sales A and B ($13,387 and $15,293 per acre, respectively). These sales are in the same general size category as the Subject and have very limited development potential. However, these sales do not capture the appeal the Subject has given its location within Modesto and adjacency to the Tuolumne River. These sales would indicate a higher unit value for the Subject property.

The remaining sales are each considered to be superior to the Subject property. This conclusion is due to the very unique characteristics that the Subject possesses, such as atypical shape, inclusion within a FEMA designated Flood Zone AE and Floodway. While it does have some limited potential for agricultural uses, the physical characteristics of the property diminish the potential value.

As previously discussed, the most likely use of the Subject is open space. Some recreational uses could also be allowed, but permits would be required for any commercial (recreational) uses that utilize the river, such as rafting, fishing or guided tours. The economic viability of these uses is speculative and cannot be easily quantified.

As such, the estimated value of the Subject property (land only) is $243,000, when rounded.

Summary of Value
Size Indicated Unit Value Total

12.13 acres $20,000/acre $242,600
Rounded $243,000
Exposure Time
The estimated exposure time for the Subject is 6 to 9 months. #17..
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ADDENDA
ADDENDUM A – QUALIFICATIONS OF APPRAISER
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Elk Grove, California.
2003-2008 Staff Appraiser: Robert Ford & Associates, Inc.

Modesto, California.

Memberships: The Appraisal Institute
International Right-of-Way Association
National Association of Realtors®
American Society of Farm Managers and Rural Appraisers (ASFMRA) Appraisal Designations: MAI (Designated Member of Appraisal Institute) Right-of-Way Designation: SR/WA (Senior Right-of-Way Agent – IRWA) R/W-AC (Right-of-Way Appraisal Certification – IRWA)
State Certification: Certified General Real Estate Appraiser State of California (AG030012)
Other Licensure: Real Estate Broker - Bureau of Real Estate State of California (BRE 01767847)
Appraiser Profile
Michelle Patton, MAI, SR/WA, R/W-AC was born and raised in California, originally from Danville but now resides near Oakdale. Mrs. Patton began her appraisal career in 2003 with Robert Ford and Associates, a commercial appraisal firm in Modesto, California. In 2009, the firm was purchased by Craig Owyang Real Estate where Mrs. Patton was a senior appraiser for over four years. She officially joined Dean Chapman & Associates as a staff appraiser in 2014. She earned the MAI designation from the Appraisal Institute in 2012 and the SR/WA and R/W-AC (Right-of-Way Appraisal Certification) from the International Right of Way Association in 2017 and 2013, respectively. She served as President on the Northern California Chapter of the Appraisal Institute’s board of directors in 2018. In 2019, she co-authored an article entitled “Transitional Use TCE”, which appeared in Right of Way magazine published by the International Right of Way Association. #17..
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Recent Professional Education
• Healthy is the New High Performance for Homes (Appraisal Institute) – January 2019 • 4-Hour Federal and California Statutory and Regulatory Laws – (Appraisal Institute) – Nov 2018 • IRS, Gift and Estate Tax Valuations – (Appraisal Institute) – November 2018 • Vineyard Valuation – (Appraisal Institute) – August 2018 • Business Practices and Ethics (Appraisal Institute) – February 2018 • USPAP (Appraisal Institute) – February 2018
• Zero Net Energy Home Building – (Appraisal Institute) – September 2017 • Bargaining Negotiations (IRWA) – May 2017
• Alternative Dispute Resolution (IRWA) January 2017
• Income Capitalization Approach (IRWA) – January 2017
• Real Estate Engineering (IRWA) – January 2017
• Real Estate Law (IRWA) – January 2017
• Principles of Land Acquisition (IRWA) – August 2016
• Real Estate Negotiation (IRWA) – July 2016
• Easement Valuation (IRWA) - July 2016
• Environmental Process (IRWA) – July 2016
• United States Land Titles (IRWA) – July 2016
• Legal Aspects of Easements (IRWA) – July 2016
• Vineyard Valuation – (Appraisal Institute) – June 2015 • LDAC – Leadership Development Advisory Council – (Appraisal Institute) – May 2015 • Liability, Lawsuits & Damages (Appraisal Institute) – January 2015 • Uniform Standards of Professional Appraisal Practice (Appraisal Institute) – December 2015 • LDAC - Leadership Development Advisory Council – (Appraisal Institute)- May 2014 • LDAC - Leadership Development Advisory Council – (Appraisal Institute)- May 2013 • Litigation Appraising – Specialized Topics and Applications (Appraisal Institute) – May 2013 • Ethics and the Right of Way Profession (IRWA) – April 2013 • The Valuation of Partial Acquisitions (IRWA) – March 2013 • The Appraiser as an Expert Witness (Appraisal Institute) – February 2013 • Advanced Applications (Appraisal Institute) – February 2011 • Advanced Sales Comparison & Cost Approach (Appraisal Institute) – February 2011 • Advanced Income Capitalization (Appraisal Institute) – January 2011 • General Report Writing & Case Studies (Appraisal Institute) – January 2011 • General Market Analysis and Highest & Best Use (Appraisal Institute) – December 2010 • Uniform Appraisal Standards for Federal Land Acquisitions (Appraisal Institute)- November 2010 Recent Speaking Engagements
• IRWA – Chapter 42 Spring Conference – Temporary Severance Damages – March 2018 • IRWA – Chapter 42 – Transitional Use TCEs – September 2019 • IRWA – Chapter 2 – Transitional Use TCEs – September 2019 • Caltrans Workshop – Transitional Use TCEs – November 2019 #17..
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Solar Facility: Santa Nella
Orchards: Linden, Buttonwillow, Bakersfield,
Coalinga
Highest and Best Use Consulting
Utility Corridor: Mountain View
Damage from Fire
Residential Land: Santa Cruz
Contaminated Sites
Union City
Misc. Consulting
Highest and Best Use – excess land
Gas Transmission Lines – stigma
Airport District: Rent Study
Parkland Proximity: Effect on Market Value
Property Line Dispute: San Leandro
Railroad Corridor Acquisition
Ione School District: Ione
Road Widening along BNSF: Riverbank
Turn Signal/Road Widening: Riverbank
Underground Utility Easements
Rural Residential/Ag: Bakersfield
Rangeland: Coalinga
Transitional Land: Manteca
Shopping Mall: San Jose
Subsurface Easements: S. San Francisco
Road Widening/Improvement Projects
Balfour Road/Hwy 4: Brentwood
Claribel Road Widening: Riverbank
Bridge Replacement: San Jose
Bridge Replacement: Brentwood
SR-84 Widening: Livermore
SR-101: Carpinteria
BART Station Project: Milpitas
Petaluma
Davis Road: Salinas
Hartnell Road: Salinas
Bridge Replacement: West Point
Possible Encroachment Issues
Fence Line Dispute: Redwood City
Tree Root Encroachment: Pacific Grove
Parking Encroachment: Lafayette
Round About Projects
Bardin Road: Salinas
Danville Boulevard: Alamo
David Avenue: Salinas
Landslides
Pacifica
Title Disputes
Driveway Easement: Mill Valley
Sewer Line Easement: Walnut Creek
Pedestrian Access: Lafayette
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Locations of properties appraised by Chapman & Patton
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ADDENDUM B – PRELIMINARY REPORT APN 035-016-010
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ADDENDUM C – PRELIMINARY REPORT 035-018-009
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ADDENDUM D – COMPARABLE SALE SATELLITE IMAGES
Sale A
Sale B
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Sale 2
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Sale 4
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Sale 6
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Sale 7
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ADDENDUM E – ZONING ORDINANCE
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 24, 2023
Date: December 27, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Award Sutter Neighborhood Strengthen & Replace Water Mains Project CONTACT: Robert Davalos, Senior Civil Engineer
[email protected], 209-571-5869
DESCRIPTION:

Consider approving the Plans and Specifications for the Sutter Neighborhood Strengthen & Replace Water Mains Project; accepting the Bid and Awarding a Construction Contract to West Valley Construction Inc., of San Jose, CA, for a total amount not to exceed $2,149,680 and approving a First Amendment increasing the Agreement amount with Black Water Consulting Engineers, Inc., Modesto, CA, for Engineering Design Services by $72,696 from $126,430, plus $12,643 in Additional Services (if needed) to a new total amount of $211,769. (Funding Source:

Water Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Sutter Neighborhood Strengthen and Replace (S&R) Water Mains Project is located within Stanislaus County’s West Modesto Sewer Improvement Project. The project is located in a County pocket area bounded by Sutter Avenue in the West, South Avenue in the North, Sunset Avenue in the East, and Garden and Rose Lawn Avenues in the South.

This area has deficient water mains that are undersized, lack pressure and are prone to leaks.

The Sutter Neighborhood S&R Water Mains Project will replace and upgrade water mains, associated water valves, services and fire hydrants to increase service reliability, flows, and pressures. The City has partnered with Stanislaus County to coordinate the Sutter Neighborhood S&R Water Mains Project with their upcoming West Modesto Sewer Improvement Project.
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On July 14, 2020, by Resolution No. 2020-315, Council approved an agreement with Black Water Consulting Engineers, Inc. (Black Water) for Engineering Design Services for the Sutter Neighborhood Strengthen & Replace Water Mains Project in the amount of $126,430 for the identified scope of services, plus $12,643 for additional services (if needed) for a total amount not to exceed $139,073.

DISCUSSION:

The project was advertised for bids on September 28, 2022. Bids were publicly opened on October 25, 2022, pursuant to City Charter Section 1307, and West Valley Construction Inc., San Jose, CA, was the responsible bidder with the lowest responsive bid. The bid tabulation is attached.

The bid analysis is:

Number of bids received 4
Number of bids within 10% of engineer’s estimate 3
Number of bids above the engineer’s estimate 0
Number of bids below the engineer’s estimate 4
Percent low bid is below the engineer’s estimate 9.21%
West Valley Construction Inc., of San Jose, CA, was 9.21% below the engineer’s estimate. All bids received were below the engineer’s estimate, the next lowest bid was 7.68% below the engineer’s estimate. The highest bid was 0.74% below the engineer’s estimate. Bidder competition and participation were evident as the City received four bids.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to follow the formal bid procedures. The award of contract for the construction of the Sutter Neighborhood Strengthen & Replace Water Mains Project to West Valley Construction Inc., San Jose, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and West Valley Construction Inc., San Jose, CA was the lowest responsive and responsible bidder.

Therefore, staff recommends awarding the contract to West Valley Construction Inc., of San Jose, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, and revised on July 9, 2019 by Council Resolution No. 2019-326, established a contract change order authority of 8% for construction contracts of this dollar value. However, after reviewing the plans and specifications, and given the nature of rehabilitation projects where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 8% ($171,974) of the contract amount of $2,149,680. Therefore, City staff is requesting an increase in the Director’s Authority for the Construction Contingency to 10% ($214,968) of the construction contract price of $2,149,680 with West Valley Construction Inc., of San Jose, CA.

While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget. #18..
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To ensure construction of the facilities meets the original design described in the plans, staff is recommending a first amendment in the amount of $72,696 to Black Water’s current Engineering Design Services Agreement to allow them to continue their effort through construction. Black Water being the Engineer-of-Record will be responsible for the following:
 Review Construction Submittals
 Respond to Requests for Information
 Change Order Assistance
 Prepare Punch Lists
 Prepare As-Built Drawings
Additionally, Black Water will provide support to staff and project management throughout the course of construction.

FISCAL IMPACT:

The total estimated cost for the construction phase of this project is $2,763,299. Funding for the construction, contingency, administration, and design support, will be budgeted in the current FY 2022-23 Capital Improvement Program (CIP) budget in project account:
101154 – Sutter S&R Water Mains

ANTICIPATED CONSTRUCTION EXPENDITURES
Construction Contract – West Valley Construction $2,149,680 Construction Contingency (10%) $214,968
Construction Administration – City Staff (10%) $214,968 City Construction Forces $25,000
Design Support During Construction – City Staff (4%) $85,987 Engineering Support During Construction – Black Water $72,696 TOTAL ANTICIPATED CONSTRUCTION EXPENDITURES: $2,763,299 To fund the Sutter Neighborhood Strengthen & Replace Water Mains Project, a budget adjustment in the amount of $1,850,500 will be necessary from Water Fund Reserves.

COMMITTEE RECOMMENDATION:

This project was presented to the Economic Development Committee on April 4, 2022, as a report on upcoming Capital Improvement construction projects where it was recommended that it be forwarded to Council for future award of construction. As stated in that Committee report, as bids are received, staff will present projects directly to Council for award of construction.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 Class 1(b).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Plans and Specifications for the Sutter Neighborhood Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with West Valley Inc., of San Jose, CA, in the amount of $2,149,680, plus $214,968 in contingency (if #18..
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needed), for a total amount not to exceed $2,364,648 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Sutter Neighborhood Strengthen & Replace Water Mains Project from 8% ($171,974) to 10% ($214,968) of the Construction Contract amount of $2,149,680 with West Valley Construction Inc., of San Jose, CA.

Resolution approving the First Amendment increasing the Agreement amount with Black Water Consulting Engineers, Inc., Modesto, CA, for Engineering Design Services for the Sutter Neighborhood Strengthen & Replace Water Mains Project by $72,696 from $126,430, plus $12,643 in Additional Services (if needed) to a new total amount of $211,769; and authorizing the City Manager, or his designee to execute the Amendment.

Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,850,500 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Sutter Neighborhood Strengthen & Replace Water Mains Project.

Approved by:

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

1. Resolutions (4)

2. Construction Contract with West Valley Construction Inc. & Financial Interest Disclosure Form

3. Bid Results

4. Black Water – Original Consultant Agreement

5. Black Water – First Amendment to Consultant Agreement & Exhibit #18..
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE

SUTTER NEIGHBORHOOD STRENGTHEN & REPLACE WATER MAINS

PROJECT, ACCEPTING THE BID, AND APPROVING A CONSTRUCTION CONTRACT WITH WEST VALLEY INC., OF SAN JOSE, CA, IN THE AMOUNT OF $2,149,680, PLUS $214,968 IN CONTINGENCY (IF NEEDED), FOR A TOTAL AMOUNT NOT TO EXCEED $2,364,648 AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the Sutter Neighborhood Strengthen and Replace (S&R) Water Mains Project is located within Stanislaus County’s West Modesto Sewer Improvement Project, and
WHEREAS, this area has deficient water mains that are undersized, lack pressure and are prone to leaks, and
WHEREAS, the Sutter Neighborhood S&R Water Mains Project will replace and upgrade water mains, associated water valves, services and fire hydrants to increase service reliability, flows, and pressures, and
WHEREAS, the City has partnered with Stanislaus County to coordinate the Sutter Neighborhood S&R Water Mains Project with their upcoming West Modesto Sewer Improvement Project, and
WHEREAS, the Project was re-advertised for bids on September 28, 2022, and WHERAS, October 25, 2022, bids were publicly opened, pursuant to City Charter Section 1307, four bids were received and West Valley Construction Inc., San Jose, CA, was the responsible bidder with the lowest responsive bid, and #18..
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WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid, and
WHEREAS, the award of contract for the construction of the Sutter Neighborhood S&R Water Mains Project to West Valley Construction Inc., San Jose, CA, conforms to the Modesto Municipal Code, 8-3.203, and WHEREAS, staff recommends awarding the contract to West Valley Construction Inc., of San Jose, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Sutter Neighborhood S&R Water Mains Project; accepting the bid and awarding a construction contract to West Valley Construction Inc., of San Jose, for a total of $2,149,680 plus $214,968 in contingency (if needed) for a total amount not to exceed $2,364,648.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #18..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th of January 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AUTHORIZING AN INCREASE IN THE DIRECTOR’S

AUTHORITY TO ISSUE CHANGE ORDERS FOR THE SUTTER

NEIGHBORHOOD STRENGTHEN & REPLACE WATER MAINS PROJECT
FROM 8% ($171,974) TO 10% ($214,968) OF THE CONSTRUCTION CONTRACT AMOUNT OF $2,149,680, WITH WEST VALLEY
CONSTRUCTION INC., OF SAN JOSE, CA
WHEREAS, the City’s “Change Order Approval Policy”, enacted by Council Resolution No. 1994-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 8% for construction contracts of this dollar value, and
WHEREAS, given the nature of rehabilitation projects where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this project could exceed the Director’s Authority of 8% ($171,974) of the contract amount of $2,149,680, and
WHEREAS, staff is requesting an increase in the Director’s Authority for the Construction Contingency to 10% ($214,968).

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes an increase of the Director of Utilities authority to issue change orders for the Sutter Neighborhood Strength & Replace Water Mains Project from 8% ($171,974) to 10% ($214,968) of the construction contract price of $2,149,680 with West Valley Construction Inc., of San Jose, CA.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of January, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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1 2023

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?

RESOLUTION APPROVING THE FIRST AMENDMENT INCREASING THE

AGREEMENT AMOUNT WITH BLACK WATER CONSULTING ENGINEERS, INC., MODESTO, CA, FOR ENGINEERING DESIGN SERVICES FOR THE

SUTTER NEIGHBORHOOD STRENGTHEN & REPLACE WATER MAINS
PROJECT BY $72,696 FROM $126,430, PLUS $12,643 IN ADDITIONAL SERVICES (IF NEEDED) TO A NEW TOTAL AMOUNT OF $211,769; AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE

THE AMENDMENT
WHEREAS, on July 14, 2020, per Resolution No. 2020-315, Council approved an agreement with Black Water Consulting Engineers (Black Water) for Engineering Design Services for the Sutter Neighborhood Strengthen & Replace Water Mains Project, in an amount not to exceed $126,430, plus 12,643 in additional services if necessary, and WHEREAS, to ensure construction of the facilities meets the original design described in the plans, staff is recommending a first amendment to Black Water’s current Engineering Design Services Agreement to allow them to continue their engineering support effort through construction and provide assistance with the review of construction submittals, responses to requests for information, change orders, and the preparation of punch lists and as-built drawings, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.2504(a) Exceptions to Formal Bidding Requirements, this amendment to the agreement is for professional services and, therefore, exempt from the bid requirement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the Agreement with Black Water Consulting Engineers, for Engineering Design Services of the Sutter Neighborhood #18..
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2 2023
Strengthen & Replace Water Mains Project in an amount not to exceed $72,696 for the identified scope of services, for a revised maximum total amount of $211,769.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the First Amendment to the Agreement 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 24th day of January 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

By:

JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 CAPITAL
IMPROVEMENT PROGRAM BUDGET IN THE AMOUNT OF $1,850,500 TO

BE TRANSFERRED INTO THE PROJECT FROM WATER FUND RESERVES

IN ORDER TO FUND THE CONSTRUCTION PHASE OF THE SUTTER

NEIGHBORHOOD STRENGTHEN & REPLACE WATER MAINS PROJECT
WHEREAS, certain budgetary transactions are necessary in the amount of $1,850,500, in order to fund the Sutter Neighborhood Strengthen & Replace Water Mains Project, and
WHEREAS, the Fiscal Year 2022-23 Capital Improvement Program budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,850,500.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #18..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th of January 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
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Bid Tabulation Thursday, October 27, 2022
Project Title: Sutter Avenue Neighborhood Strengthen and Replace Water Mains
Project ID #:

Vault ID #: 08-D-00128
Account #: 101154
Bid Opening: 10/25/2022 at 11:00 AM
Basis of Award: By Base Bid Designer: Blackwater
Design Manager: Robert Davalos
Project Description: This project will replace approximately 5,702 lineal feet of aged existing water mains within Stanislaus County, generally bounded by Sunset Avenue on the East, Rouse Avenue to the North, Sutter Avenue on the West, and Pelton Avenue on the South.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
West Valley Construction Co Inc
(408) 371-5510 PO Box 5639, San Jose, CA 95150
Base Bid
1 Mobilization/Demobilization LS 1 $180,000.00 $180,000.00 2 Shoring, Bracing and Sheeting LS 1 $8,000.00 $8,000.00 3 Sawcut Existing Pavement LS 1 $27,000.00 $27,000.00
4 Remove Existing Pavement LS 1 $42,000.00 $42,000.00
5 Remove Existing Water Mains LS 1 $85,000.00 $85,000.00 6 Remove Existing Meter and Meter Box EA 77 $320.00 $24,640.00 7 Remove Gate Valve EA 4 $300.00 $1,200.00
8 Restore Traffic Markings and Signage LS 1 $24,900.00 $24,900.00 9 Hot Mix Asphalt TON 587 $395.00 $231,865.00
10 Class II Aggregate Base CY 1068 $55.00 $58,740.00
11 8-inch PVC Pipe (C900 DR14) LF 3851 $132.00 $508,332.00 12 8-inch PVC Pipe (C900 DR18) LF 1182 $129.00 $152,478.00 13 6-inch PVC Pipe (C900 DR18) LF 39 $230.00 $8,970.00
14 8-inch Gate Valve EA 38 $3,230.00 $122,740.00
15 6-inch Gate Valve EA 2 $2,600.00 $5,200.00
16 8-inch Blind Flange EA 2 $1,250.00 $2,500.00
17 8-inch Hot Tap Sleeve EA 7 $7,200.00 $50,400.00
18 Fire Hydrant Assembly EA 4 $10,150.00 $40,600.00
19 1-inch Domestic Water Service with EA 76 $2,900.00 $220,400.00 Meter Box
20 Pneumatic Boring of Water Services LS 1 $47,000.00 $47,000.00 21 Abandonment of Water Lines & Services LS 1 $53,750.00 $53,750.00 22 Traffic Control, Signage & Permitting LS 1 $193,000.00 $193,000.00 23 Water Pollution Control Plan LS 1 $3,300.00 $3,300.00 24 Monument Preservation / Replacement LS 1 $10,000.00 $10,000.00 25 Stanislaus County Encroachment Permit LS 1 $47,665.00 $47,665.00 Total: $2,149,680.00
Percent From Engineer's Estimate: -9.21%
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Item # Item Description Units Quantity Unit Price Extension 10 % $214,968.00
Estimated Project Total $2,364,648.00
United Pavement Maintenance Inc.
(209) 883-4345 PO Box 1017, Hughson, CA 95326
Base Bid
1 Mobilization/Demobilization LS 1 $223,041.00 $223,041.00 2 Shoring, Bracing and Sheeting LS 1 $19,513.00 $19,513.00 3 Sawcut Existing Pavement LS 1 $24,962.00 $24,962.00
4 Remove Existing Pavement LS 1 $61,305.00 $61,305.00
5 Remove Existing Water Mains LS 1 $26,605.00 $26,605.00 6 Remove Existing Meter and Meter Box EA 77 $624.00 $48,048.00 7 Remove Gate Valve EA 4 $1,453.00 $5,812.00
8 Restore Traffic Markings and Signage LS 1 $26,847.00 $26,847.00 9 Hot Mix Asphalt TON 587 $443.00 $260,041.00
10 Class II Aggregate Base CY 1068 $112.00 $119,616.00
11 8-inch PVC Pipe (C900 DR14) LF 3851 $121.00 $465,971.00 12 8-inch PVC Pipe (C900 DR18) LF 1182 $117.00 $138,294.00 13 6-inch PVC Pipe (C900 DR18) LF 39 $349.00 $13,611.00 14 8-inch Gate Valve EA 38 $3,465.00 $131,670.00
15 6-inch Gate Valve EA 2 $2,058.00 $4,116.00
16 8-inch Blind Flange EA 2 $2,830.00 $5,660.00
17 8-inch Hot Tap Sleeve EA 7 $4,977.00 $34,839.00
18 Fire Hydrant Assembly EA 4 $13,855.00 $55,420.00
19 1-inch Domestic Water Service with EA 76 $4,488.00 $341,088.00 Meter Box
20 Pneumatic Boring of Water Services LS 1 $31,199.00 $31,199.00 21 Abandonment of Water Lines & Services LS 1 $29,220.00 $29,220.00 22 Traffic Control, Signage & Permitting LS 1 $61,960.00 $61,960.00 23 Water Pollution Control Plan LS 1 $13,870.00 $13,870.00 24 Monument Preservation / Replacement LS 1 $8,514.00 $8,514.00 25 Stanislaus County Encroachment Permit LS 1 $47,665.00 $47,665.00 Total: $2,198,887.00
Percent From Engineer's Estimate: -7.13%
D. A. Wood Construction Inc.
(209) 491-4970 963 Shepard Court, Oakdale, CA 95361
Base Bid
1 Mobilization/Demobilization LS 1 $96,300.00 $96,300.00 2 Shoring, Bracing and Sheeting LS 1 $29,500.00 $29,500.00 3 Sawcut Existing Pavement LS 1 $64,000.00 $64,000.00
4 Remove Existing Pavement LS 1 $39,700.00 $39,700.00
5 Remove Existing Water Mains LS 1 $65,000.00 $65,000.00 6 Remove Existing Meter and Meter Box EA 77 $500.00 $38,500.00 7 Remove Gate Valve EA 4 $650.00 $2,600.00
8 Restore Traffic Markings and Signage LS 1 $27,500.00 $27,500.00 9 Hot Mix Asphalt TON 587 $313.00 $183,731.00
10 Class II Aggregate Base CY 1068 $110.00 $117,480.00
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Item # Item Description Units Quantity Unit Price Extension 11 8-inch PVC Pipe (C900 DR14) LF 3851 $143.00 $550,693.00 12 8-inch PVC Pipe (C900 DR18) LF 1182 $142.00 $167,844.00 13 6-inch PVC Pipe (C900 DR18) LF 39 $425.00 $16,575.00 14 8-inch Gate Valve EA 38 $4,500.00 $171,000.00
15 6-inch Gate Valve EA 2 $4,250.00 $8,500.00
16 8-inch Blind Flange EA 2 $3,750.00 $7,500.00
17 8-inch Hot Tap Sleeve EA 7 $5,000.00 $35,000.00
18 Fire Hydrant Assembly EA 4 $16,500.00 $66,000.00
19 1-inch Domestic Water Service with EA 76 $3,100.00 $235,600.00 Meter Box
20 Pneumatic Boring of Water Services LS 1 $69,500.00 $69,500.00 21 Abandonment of Water Lines & Services LS 1 $25,000.00 $25,000.00 22 Traffic Control, Signage & Permitting LS 1 $112,000.00 $112,000.00 23 Water Pollution Control Plan LS 1 $13,700.00 $13,700.00 24 Monument Preservation / Replacement LS 1 $25,000.00 $25,000.00 25 Stanislaus County Encroachment Permit LS 1 $47,665.00 $47,665.00 Total: $2,215,888.00
Percent From Engineer's Estimate: -6.41%
Flowline Contractors, Inc.
(916) 383-7525 6560 Asher Lane, Sacramento, CA 95828
Base Bid
1 Mobilization/Demobilization LS 1 $98,557.00 $98,557.00 2 Shoring, Bracing and Sheeting LS 1 $45,323.00 $45,323.00 3 Sawcut Existing Pavement LS 1 $59,999.00 $59,999.00
4 Remove Existing Pavement LS 1 $18,390.00 $18,390.00
5 Remove Existing Water Mains LS 1 $98,415.00 $98,415.00 6 Remove Existing Meter and Meter Box EA 77 $347.00 $26,719.00 7 Remove Gate Valve EA 4 $1,722.00 $6,888.00
8 Restore Traffic Markings and Signage LS 1 $8,916.00 $8,916.00 9 Hot Mix Asphalt TON 587 $376.00 $220,712.00
10 Class II Aggregate Base CY 1068 $128.00 $136,704.00
11 8-inch PVC Pipe (C900 DR14) LF 3851 $137.00 $527,587.00 12 8-inch PVC Pipe (C900 DR18) LF 1182 $141.00 $166,662.00 13 6-inch PVC Pipe (C900 DR18) LF 39 $808.00 $31,512.00 14 8-inch Gate Valve EA 38 $3,242.00 $123,196.00
15 6-inch Gate Valve EA 2 $2,425.00 $4,850.00
16 8-inch Blind Flange EA 2 $1,521.00 $3,042.00
17 8-inch Hot Tap Sleeve EA 7 $11,183.00 $78,281.00
18 Fire Hydrant Assembly EA 4 $18,315.00 $73,260.00
19 1-inch Domestic Water Service with EA 76 $5,544.00 $421,344.00 Meter Box
20 Pneumatic Boring of Water Services LS 1 $32,278.00 $32,278.00 21 Abandonment of Water Lines & Services LS 1 $34,061.00 $34,061.00 22 Traffic Control, Signage & Permitting LS 1 $73,158.00 $73,158.00 23 Water Pollution Control Plan LS 1 $9,725.00 $9,725.00 24 Monument Preservation / Replacement LS 1 $3,000.00 $3,000.00 25 Stanislaus County Encroachment Permit LS 1 $47,665.00 $47,665.00 Total: $2,350,244.00
Percent From Engineer's Estimate: -0.74%
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Item # Item Description Units Quantity Unit Price Extension Engineer's Estimate
Base Bid
1 Mobilization/Demobilization LS 1 $147,000.00 $147,000.00 2 Shoring, Bracing and Sheeting LS 1 $60,780.00 $60,780.00 3 Sawcut Existing Pavement LS 1 $12,700.00 $12,700.00
4 Remove Existing Pavement LS 1 $112,000.00 $112,000.00 5 Remove Existing Water Mains LS 1 $95,100.00 $95,100.00 6 Remove Existing Meter and Meter Box EA 77 $625.00 $48,125.00 7 Remove Gate Valve EA 4 $650.00 $2,600.00
8 Restore Traffic Markings and Signage LS 1 $81,040.00 $81,040.00 9 Hot Mix Asphalt TON 587 $253.00 $148,511.00
10 Class II Aggregate Base CY 1068 $58.00 $61,944.00
11 8-inch PVC Pipe (C900 DR14) LF 3851 $197.00 $758,647.00 12 8-inch PVC Pipe (C900 DR18) LF 1182 $192.22 $227,204.04 13 6-inch PVC Pipe (C900 DR18) LF 39 $168.97 $6,589.83
14 8-inch Gate Valve EA 38 $2,228.95 $84,700.10
15 6-inch Gate Valve EA 2 $213.00 $426.00
16 8-inch Blind Flange EA 2 $610.00 $1,220.00
17 8-inch Hot Tap Sleeve EA 7 $4,052.86 $28,370.02
18 Fire Hydrant Assembly EA 4 $6,087.50 $24,350.00
19 1-inch Domestic Water Service with EA 76 $2,228.62 $169,375.12 Meter Box
20 Pneumatic Boring of Water Services LS 1 $96,230.89 $96,230.89 21 Abandonment of Water Lines & Services LS 1 $25,470.00 $25,470.00 22 Traffic Control, Signage & Permitting LS 1 $86,110.00 $86,110.00 23 Water Pollution Control Plan LS 1 $25,330.00 $25,330.00 24 Monument Preservation / Replacement LS 1 $16,210.00 $16,210.00 25 Stanislaus County Encroachment Permit LS 1 $47,665.00 $47,665.00 Total: $2,367,698.00
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-1-

FIRST AMENDMENT

ENGINEERING DESIGN SERVICES AGREEMENT FOR THE

SUTTER NEIGHBORHOOD STRENGTHEN & REPLACE WATER MAINS PROJECT This First Amendment to Agreement for Consultant Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and BLACK WATER CONSULTING ENGINEERS, INC., a California corporation (“Consultant”), entered into by the parties on the 14th day of July, 2020, hereinafter referred to as “Original Agreement”.

This First Amendment to Agreement for Engineering Design Services is made with regard to the following recitals:

A. The Original Agreement between City and Consultant was approved via Council Resolution No. 2020-315.

B. Paragraph no. 9 “AMENDMENTS” of the Original Agreement acknowledges the parties understand it may become desirable or necessary for City or Consultant to modify the scope of services provided for under the Agreement and any such modification must be in writing signed by both parties.

C. Paragraph no. 3 “COMPENSATION” of the Original Agreement for Consultant Services specifies the sum of ONE HUNDRED TWENTY-SIX THOUSAND FOUR HUNDRED THIRTY AND 00/100 DOLLARS ($126,430) as the total compensation Consultant agrees to accept for performing all services and furnishing all staffing and materials for the project as well as performance by Consultant of all of its duties and obligations required in the Original Agreement. Additional Services may be authorized by the City Manager in an amount up to, but not to exceed TWELVE THOUSAND SIX HUNDRED FORTY-THREE AND 00/100 DOLLARS ($12,643). In that event, the new total compensation shall not exceed #18..
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TWO HUNDRED ELEVEN THOUSAND SEVEN HUNDRED SIXTY-NINE AND 00/100 DOLLARS ($211,769).

D. On or about September 20, 2022 Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Original Agreement for the completion of work related to the Sutter Neighborhood Strengthen & Replace Water Mains Project, attached hereto as Exhibit “1” and incorporated herein by this reference. Exhibit “1” identifies additional tasks to be performed by Consultant as well as Consultant’s costs for each additional task.

E. The estimated additional tasks result in increased costs as follows:

Task 5
Bid Support Services
10,328
Task 6
Engineering Services During Construction
55,936
Task 7
Project Meetings and Administration
6,432
Total 72,696
F. The aforementioned estimated additional tasks increase the amount of the Original Agreement by SEVENTY-TWO THOUSAND SIX HUNDRED NINETY-SIX AND 00/100 DOLLARS ($72,696). The amounts listed above are the estimated level of effort for each task. In no case shall the total fee exceed the total contract amount under the Original Agreement and this First Amendment to Agreement without memorializing an additional written amendment to the original contract and must be signed by both parties.

G. The parties to the Original Agreement and to this First Amendment to Agreement now understand and agree that it is necessary to modify paragraph no. 1 entitled “SCOPE OF SERVICES” of the Original Agreement.
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H. The parties to the Original Agreement and to this First Amendment to Agreement now understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” of the Original Agreement.

I. The parties to the Original Agreement and to this First Amendment to Agreement further understand and agree the Original Agreement is modified solely by the modifications contained in this First Amendment to Agreement and in no other way whatsoever.

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

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Paragraph 1 entitled “SCOPE OF SERVICES” of the Original Agreement shall be deleted and the parties agree to and hereby do substitute the following in its place:

SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the First Amendment to Agreement and referred to herein as Exhibit “1”. The Consultant shall perform the services as described in the aforementioned Exhibit “A” and Exhibit “1” in a manner compatible with the standards of #18..
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its profession and shall produce a fully complete project as described in Exhibit “A” and Exhibit “1” acceptable to City.

3. Paragraph no. 3 entitled “COMPENSATION” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:

COMPENSATION.

Consultant agrees to perform the work on a time and materials basis not to exceed ONE HUNDRED NINETY-NINE THOUSAND
ONE HUNDRED TWENTY-SIX AND 00/100 DOLLARS ($199,126)
(maximum compensation) for performing all services and furnishing all staffing and materials called for in Exhibits “A” and “B” to the Original Agreement and in Exhibit “1” to this First Amendment to Agreement as well as for performance by Consultant of all duties and obligations under the Original Agreement and the First Amendment to Agreement.

The compensation shall be paid pursuant to and in the manner and at the time set forth below:

Professional services received by the City under the Original Agreement and this First Amendment to Agreement shall be paid for on a “time and materials” basis with a “not to exceed” amount, as called for in Exhibits “A” and “B” of the Original Agreement and Exhibit “1” of the First Amendment to Agreement. Consultant shall prepare and City agrees to pay Consultant on time and materials for monthly billings, which include detailed tasks, hours worked, and billable rates for work completed. The local agency shall reimburse the CONSULTANT for #18..
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actual costs (additional reimbursable expenses including, labor costs, employee benefits, overhead, sub-consultant travel expenses and other direct costs) incurred by the CONSULTANT in performance of the work called for in Exhibits “A” and “B” of the Original Agreement and Exhibit “1” of this First Amendment to Agreement on the monthly billings, which include detailed receipts for actual costs paid by CONSULTANT in the interest of the project.

4. Except as herein amended or modified, the provisions of the Original Agreement are expressly reaffirmed and remain in full force and effect to the extent they are not in conflict with this First Amendment.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023 - ________, adopted by the Council of the City of Modesto on the _________ day of _______________, 2023, and BLACK WATER CONSULTING ENGINEERS, INC. has caused this First Amendment to Agreement to be duly executed in duplicate. #18..
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602 LYELL DRIVE, MODESTO, CA 95356
T: 209.322.1820 | F: 209.222.4088 | www.blackwater-eng.com December 12, 2022
Robert I. Davalos
Acting Engineering Division Manager
City of Modesto - Utilities Department
1010 10th Street, Suite 4600
Modesto, CA 95354
Subject: Sutter Neighborhood Strengthen & Replace Water Main Project – Engineering Services During Design Proposal
Dear Mr. Davalos,
Black Water Consulting Engineers (Black Water/Consultant) appreciates the opportunity to submit this proposal to the City of Modesto (Client) to provide bidding support and engineering services during construction for Sutter Neighborhood Strengthen & Replace Water Main Project (SNS&R Water Main).

The SNS&R Water Main Project generally includes the removal and replacement of the following:
• Approximately 5,072 lineal feet of 6-inch and 8-inch water main utilities installed via open cut and pneumatic boring methods; and
• Water meters, fire hydrants, and other water service appurtenances.

The amended tasks of our proposed scope of work are as follows:

Scope of Work
Task 5 – Bid Support Services
Under this task, Consultant will attend a pre-bid meeting, facilitated by the City, to answer questions and discuss overall project intent. Consultant will also provide responses to inquiries from prospective bidders, concerning the design documents, and prepare addenda to the contract documents during the advertisement for construction bidding phase. As the moves forward, the Consultant will provide ongoing assistance in interpretation of the construction documents.

Deliverables: Responses to Inquiries and Addenda
Task 6 – Engineering Services During Construction (ESDC) • Pre-Construction Conference. Consultant will attend the pre-construction conference and provide assistance as necessary as it relates to the construction documents. • Review Contractor’s Submittals. Consultant will review and respond to contractor’s submittals.

Processing and distribution of submittals will be by the City or others. Consultant will forward responses to the City or others, as directed by the City.

EXHIBIT 1
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2 • Respond to Requests for Information (RFIs). Consultant will review and respond to contractor’s RFI’s. Processing and distribution of RFI’s will be by the City or others. Consultant will forward responses to the City or others, as directed by the City. • Field Support/Design Oversight. Consultant will provide on-site field support services to assist the City with coordination of field activities with the engineering design. Consultant will attend weekly progress meetings and site walks through substantial completion. • Change Order Assistance. Consultant will review proposed change order requests and supporting documents, as requested by the City, to assist with the preparation of a change order. This task includes coordination with the City.
• Prepare Punch List. Consultant will walk the site in the presence of the City and Contractor to establish a punch list to be completed as a requirement of Substantial Completion. • Prepare As-built Drawings. Consultant will prepare a final set of record as-built drawings based on the final set of marked-up record drawings received by City from the Contractor.

Deliverables: Submittal and RFI responses, Change Order Review Correspondence, Punch List, Electronic Format Record Drawings
Task 7 – Project Meetings and Administration
Consultant will administer the scope of work to maintain schedule and budget under this task. Progress descriptions will be included with monthly billing invoices. The schedule for required services will follow closely to the contractor’s construction schedules. Consultant will follow standards of professionalism necessary to maintain the project budget, schedule, and administrative requirements of the Consultant’s scope of work.

Deliverables: Monthly billing invoices with progress descriptions Exclusions:

1. Bid Advertisement

2. Construction Management and Inspection

3. Items not specifically identified in this scope of work Assumptions:

1. The SNS&R Water Main Project duration is estimated to be twenty-six (26) weeks.

EXHIBIT 1
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602 LYELL DRIVE, MODESTO, CA 95356
T: 209.322.1820 | F: 209.222.4088 | www.blackwater-eng.com

TASK AND ESTIMATED FEE SUMMARY
Amended
Task
Description Estimated Fee
5 Bid Support Services $10,328
6 Engineering Services During Construction (ESDC) $55,936 7 Project Meetings and Administration $6,432
Total Fee $72,696
Should you have any questions or require additional information, please do not hesitate to contact me.

Sincerely,
Jeff Black, P.E.

President
Black Water Consulting Engineers, Inc.

EXHIBIT 1
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602 LYELL DRIVE, MODESTO, CA 95356
T: 209.322.1820 | F: 209.222.4088 | www.blackwater-eng.com Estimated Detailed Fee
TOTAL
Billing Rates $/hr 250 228 198 160 135 98
TASK Task Activity Principal
Project
Manager
Associate
Engineer Assistant
CADD/
GIS
Office/
Admin.

BlackWater
Total Hours
BlackWater
Fee
5 Bid Support Services 4 8 24 8 8 4 56 $10,328 $10,328
6 Engineering Services During Construction (ESDC) 4 52 156 40 40 4 296 $55,936 $55,936 7 Project Meetings and Administration 8 16 8 32 $6,432 $6,432 TOTALS 16 76 180 48 48 16 384 $72,696 $72,696
estimated level of effort - staff time
EXHIBIT 1
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 24, 2023
Date: January 4, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) Project
CONTACT: Pete Kambel, Senior Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:

Consider accepting the Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project as complete, authorizing all necessary steps to file with the County Recorder, release securities, and release payments totaling $2,308,516 to United Pavement Maintenance, Inc. of Hughson, CA. (Funding Source: Federal RSTP, CMAQ, and Streets Capital Facility Fees) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The California Department of Transportation (Caltrans) authorized funding for Preliminary Engineering in December 2014 in the amount of $250,000. In August 2019, Caltrans authorized $2,101,983 in Regional Surface Transportation Program (RSTP) funds and $701,725 in Congestion Mitigation and Air Quality (CMAQ) funds for construction and construction engineering.

The Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project, rehabilitated deteriorated pavement with an asphalt rubber chip seal and asphalt overlay on Crows Landing Road from Pecos Avenue to Hatch Road; also, within the scope of this project was center median, ADA improvements, sidewalk installation, and Class II bicycle lanes.

DISCUSSION:

The project was advertised for bids on May 10, 2021. Bids were publicly opened on June 8, 2021, pursuant to Modesto Municipal Code Section 8-3.403 and City Charter Section 1307. A total of 4 bids were received, however, the first apparent low bidder was deemed non-responsive, #19..
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City Council January 24, 2023
Accept Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) Project

Page 2 of 3 ends

and their bid was excluded from the bid results. United Pavement Maintenance, Inc. of Hughson, CA was the next, apparent, responsive low bidder at 8.34% below the engineer’s estimate.

On August 10, 2021, by Resolution No. 2021-310, Council awarded a contract to United Pavement Maintenance, Inc. for the construction of the Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project in the amount of $2,291,624. The contractor received the Notice to Proceed with a first working day of October 4, 2021. All contract work was completed by July 28, 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 $2,308,516. 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 $2,792,457 which included design, construction, and construction administration costs. The total project amount originally budgeted was $3,083,708 which included $2,520,786 for the construction contract and contingency with United Pavement Maintenance, Inc., of Hughson, 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, establishes a contract change order budget of 8% for projects over $1 Million. However, City staff requested authorization to increase the contract change order budget to 10% due to increased costs for asphalt and concrete material suppliers. On August 10, 2021, by Resolution No. 2021-311, Council authorized the Director of Utilities approval of change orders up to 10% of the original contract price for Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project. Therefore, the approved contingency amount for the project was $229,162.

The project had a total of six change orders resulting in an overall increase of $16,892. The change orders were executed for additional work and field adjustments listed on the attached change order log. A summary of the expenditures for the overall project is listed below:
100881 – “CED Pavement Rehabilitation Crows Landing Rd., Pelandale Ave. & Standiford Ave.

FHWA-CalTrans-STPL-5059 (208)-2014-20.205 HWY Planning and Con – Capital and NonCapital Mix” PROJECT EXPENDITURES:

Construction Contract (United Pavement Maintenance, Inc.) $2,291,624 Construction Contingency (Change Orders) 0.7% $16,892
City Construction Forces (CCF) 0.1% $1,404
Construction Administration – City Staff Support 10.1% $231,627 Engineering Design/Admin. – City Staff Support/Misc. 10.9% $250,910 TOTAL CONSTRUCTION EXPENDITURES: $2,792,457
*Percentages are based on Construction Contract amount
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City Council January 24, 2023
Accept Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) Project

Page 3 of 3 ends

COMMITTEE RECOMMENDATION:

The Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project was presented to the Economic Development Committee on October 17, 2019, as part of a list of upcoming construction projects. The Committee approved the list of projects and recommended that staff present the award of each project to Council upon successful bidding.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, EA/CEDD 2019-34.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,308,516 to United Pavement Maintenance, Inc., Hughson, CA.

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

1. Resolution (1)

2. CCO Log

3. Project Suspension Form
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION ACCEPTING THE CROWS LANDING ROAD PAVEMENT
REHABILITATION, STPLCML-5059(208) PROJECT AS COMPLETE,

AUTHORIZING ALL NECESSARY STEPS TO FILE WITH THE COUNTY

RECORDER, RELEASING SECURITIES, AND RELEASING PAYMENTS
TOTALING $2,308,516 TO UNITED PAVEMENT MAINTENANCE, INC., HUGHSON, CA
WHEREAS, the California Department of Transportation (Caltrans) authorized funding for Preliminary Engineering in December 2014 in the amount of $250,000; and WHEREAS, in August 2019, Caltrans authorized $2,101,983 in Regional Surface Transportation Program funds and $701,725 in Congestion Mitigation and Air Quality (CMAQ) funds for construction and construction engineering; and WHEREAS, the Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project, rehabilitated deteriorated pavement with an asphalt rubber chip seal and asphalt overlay on Crows Landing Road from Pecos Avenue to Hatch Road; and WHEREAS, within the scope of this project was center median, ADA improvements, sidewalk installation, and Class II bicycle lanes; and
WHEREAS, the project was advertised for bids on May 10, 2021 and bids were publicly opened on June 8, 2021, pursuant to Modesto Municipal Code Section 8-3.403 and City Charter Section 1307; and
WHEREAS, four bids were received; and
WHEAREAS, the first apparent low bidder was deemed non-responsive, and their bid was excluded from the bid results; and
WHEREAS, United Pavement Maintenance, Inc. of Hughson, CA was the next, apparent, responsive low bidder at 8.34% below the engineer’s estimate; and #19..
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2 WHEAREAS, on August 10, 2021, by Resolution No. 2021-310, Council awarded a contract to United Pavement Maintenance, Inc., of Hughson, CA for the construction of the Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project in the amount of $2,291,624; and
WHEAREAS, the contractor received the Notice to Proceed with a first working day of October 4, 2021. All contract work was completed by July 28, 2022; and WHEAREAS, the total project costs were $2,792,457 which included design, construction, and construction administration costs. The total project amount originally budgeted was $3,083,708 which included $2,520,786 for the construction contract and contingency with United Pavement Maintenance, Inc., of Hughson, 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, establishes a contract change order budget of 8% for projects over $1 Million; and WHEREAS, City staff requested authorization to increase the contract change order budget to 10% due to increased costs for asphalt and concrete material suppliers; and WHEREAS, on August 10, 2021, by Resolution No. 2021-311, Council authorized the Director of Utilities approval of change orders up to 10% of the original contract price, and WHEREAS, there were six change orders on this project with an overall increase of $16,892; and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. #19..
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3 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project is hereby accepted as complete , authorizing all necessary steps to file with the County Recorder, releasing securities , and releasing payments totaling $2,308,516 to United Pavement Maintenance, Inc., of Hughson, CA.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of January, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

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

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: December 20, 2022
TIME
EXT.
2021/17 - Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) (100881) PROJECT NUMBER AND NAME:
01 Added Days For Material Delay (Truncated Domes) 04/20/22 $0.00 35 W.D. No Yes No 02 Relocation of One Street Light 04/20/22 $4,056.80 0 W.D. No Yes No 03 30 Additional Non Compensable Working Days 07/28/22 $0.00 30 W.D. No Yes No 04 Median Revision 11/15/22 $46,848.65 0 W.D. No Yes No 05 Additional Hot Mix Asphalt 12/13/22 $19,640.53 0 W.D. No Yes No 06 Balancing Change order -$53,654.00 0 W.D. No Yes No
Total Change Orders Processed To Date: $16,891.98
Original Contract Amount: $2,291,623.97
IDA To: $229,162.00
Total Working Days Time Extension: 65
Original Director's CCO Authority: $183,330.00
IDA Date: 8/10/2021
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12/16/2022
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 24, 2023
Date: January 4, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Accept Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility – Parts Storage Room Project as Complete
CONTACT: Pete Kambel, Senior Civil Engineer, 209-577-5444 DESCRIPTION:

Consider accepting the Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility – Parts Storage Room project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $5,634,840 to Harris Builders, Inc., of Hilmar, CA. (Funding Source: Fleet Fund 5400, Capital Grants – CIP Projects 3140)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Fleet Services Division maintains all City owned vehicles and equipment. There are currently 1,220 pieces of active equipment in the City’s fleet. This equipment is used by all City departments in their daily operations as they provide service to the citizens of Modesto. Prior to the project the current fleet facility was extremely outdated, overcrowded and was inadequate in several areas to properly service all of the vehicles and equipment.

The current building did not allow lifting of the nearly 200 heavy duty vehicles and pieces of equipment for performing under vehicle maintenance work. The ceiling height was too low for large trucks and equipment to be lifted. When the current facility was constructed in 1966, the City’s fleet was much smaller, and the amount of heavy equipment was fewer than 100 units.

Previously, staff had to lie on their backs to perform under vehicle repair and maintenance functions. Lying on the
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City Council January 24, 2023
Accept Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility – Parts Storage Room Project as Complete

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ground causes performing routine servicing, such as oil changes, to be much more challenging and time consuming, delaying equipment from returning to City service.

The construction of a new Fleet Maintenance Facility (FMF) Heavy Bay provides future capacity and operational efficiencies for years to come. Additionally, the safety of staff members and customers is at the forefront throughout the City. This state-of-the-art facility will reduce potential work-related risk associated with repairs and maintenance.

Fleet services will be more efficient having all shops under one roof. Labor resources will be shared more easily amongst all the repair jobs, which were previously spread among three different shops. Parts will be centralized and more secure. Operating in a shop with adequate vehicle lifting capabilities and the proper number of bays to handle the workload increases shop efficiency and safety.

The construction of the Parts Storage Room building is crucial in the safety and efficiency of the Transit maintenance services. The City of Modesto services 133 fixed routes buses and paratransit vans. Previously, the Bus Maintenance Facility (BMF) did not allow sufficient storage capacity for the parts needed for the transit vehicles of vehicles. The original facility was constructed in 2012, and the parts room was not built with sufficient space to accommodate the parts.

In addition to the increased storage capacity that this building will provide, it will also serve as a connecting structure between the existing BMF and the new Heavy Bay Shop.

The BMF Parts Storage Room project was advertised for bids on April 9, 2019. Subsequently, bids were publicly opened on May 21, 2019, pursuant to City Charter Section 1307, and one bid was received, which was more than twice the engineer’s estimate. Therefore, on June 25, 2019, by Resolution 2019-287, Council approved rejecting the bid for the BMF Parts Storage Room project and authorized staff to re-advertise the project for bid at a future date with an amended scope of work.

Considering the FMF Heavy Bay project and BMF Parts Storage Room project are located within the same overall facility, City staff combined these projects and bid as a single project. Due to the various funding sources, the project involved two separate contracts for each respective facility (Fleet & Transit).

The combined project was advertised for bids on September 24, 2019. Bids were publicly opened on October 29, 2019, pursuant to City Charter Section 1307, and Harris Builders, Inc., of Hilmar, CA was the responsible bidder at 12.42% above the engineer’s estimate.

On March 10, 2020, by Resolution No. 2020-133 and 2020-134, Council awarded a contract to Harris Builders, Inc. for the construction of the FMF Heavy Bay Addition and BMF Parts Storage Room project in the amount of $5,365,992. By Resolution No. 2020-135 and 2020-136 Construction Management agreements were awarded to Consolidated CM, Inc., (CCM) for Construction Management, Special Inspection, and Materials Testing Services for an amount not to exceed $563,024 ($420,309 for the FMF Heavy Bay Addition and $142,715 for the BMF Parts Storage Room).
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City Council January 24, 2023
Accept Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility – Parts Storage Room Project as Complete

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The contractor received the Notice to Proceed with a first working day of May 11, 2020. All contract work was completed on June 30, 2022.

DISCUSSION:

On April 5, 2022, by Resolution No. 2022-164 and No. 2022-165 Council approved an amendment to the agreement with CCM for the FMF Heavy Bay Addition in the amount of $103,818, as an amendment to the original $420,309 for a total amount not to exceed $524,127 and for the BMF Parts Storage Room in the amount of $41,797, as an amendment to the original $142,750 for a total amount not to exceed $184,512.

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 $5,634,840. 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 expenditures were $7,717,709. Originally, the total project amount budgeted was $8,020,822 which included $5,795,272 for the construction contract and contingency with Harris Builders, Inc., of Hilmar, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order budget of 8% for construction contracts greater than $1,000,000.

The projects had a total of 39 change orders resulting in an overall increase of $268,848 for change order work as listed on the attached change order logs. A summary of the expenditures for the overall project is listed below.
100451 – Fleet Maintenance Facility
101337 – BMF – Parts Storage Room Upgrade
PROJECT EXPENDITURES:
100451 101337 Total
Construction Contract (Harris Builders, Inc..) $4,063,948 $1,302,044 $5,365,992 Construction Contingency (Change Orders) $246,940 $21,908 $268,848 Construction Administration (City Staff) $345,936 $91,231 $437,167 City Construction Forces (City Staff) $1,103 $27,075 $28,178 Construction Management (CCM) $524,127 $184,512 $708,639 Utility Relocation $100,435 0 $100,435
Environmental (George Osner) $3,008 0 $3,008
Environmental (Ground Zero) $6,124 0 $6,124
Engineering Design/Admin. (City Staff) $316,589 $66,670 $383,259 Engineering Design (DF Engineering) $33,030 0 $33,030
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City Council January 24, 2023
Accept Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility – Parts Storage Room Project as Complete

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Engineering Design (Kleinfelder) $9,480 $16,390 $25,870 Engineering Design (Lionakis) $222,404 $0 $222,404
Engineering Design (Miller-Pezzoni) $21,700 $6,900 $28,600 Engineering Design (Nexus Eng.) 0 $6,600 $6,600
Engineering Design (Red Inc., Architects) $81,420 $18,135 $99,555 TOTAL CONSTRUCTION EXPENDITURES: $5,976,244 $1,741,465 $7,717,709 *Percentages are based on Construction Contract Amount
**A transfer in the amount of $266,066 was completed from Project 100451 to 101337 to account for the Fleet Management Fund portion of the shared hallway.

COMMITTEE RECOMMENDATION
The FMF Heavy Bay project was presented to the Finance Committee on March 25, 2019, as part of a report on upcoming Capital Improvement construction projects and was recommended to forward to Council for future award of construction.

The BMF Parts Storage Room project was presented to the Finance Committee on October 22, 2018, as a report on upcoming Capital Improvement construction projects and was recommended to forward to Council for future award of construction.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15332 (Infill Development Projects) Class 32.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility Parts Storage Room project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $5,634,840 to Harris Builders Inc., Hilmar, CA.

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

1. Resolution

2. CCO Logs (2)

3. Project Suspensions (2)
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION ACCEPTING THE FLEET MAINTENANCE FACILITY HEAVY BAY ADDITION AND BUS MAINTENANCE FACILITY – PARTS STORAGE

ROOM PROJECT AS COMPLETE, AUTHORIZING ALL NECESSARY STEPS

TO FILE WITH THE COUNTY RECORDER, RELEASING SECURITIES, AND RELEASING PAYMENTS TOTALING $5,634,840 TO HARRIS BUILDERS, INC.,

HILMAR, CA
WHEREAS, the Fleet Services Division maintains all City owned vehicles and equipment; and
WHEREAS, there are currently 1,220 pieces of active equipment in the City’s fleet which is used by all City departments in their daily operations as they provide service to the citizens of Modesto; and
WHEREAS, the current fleet facility was extremely outdated, overcrowded and was inadequate in several areas to properly service all of the vehicles and equipment; and WHEREAS, the construction of a new Fleet Maintenance Facility (FMF) Heavy Bay provides future capacity and operational efficiencies as well as reducing the potential work-related risk associated with repairs and maintenance; and WHEREAS, the construction of a new parts storage room building is crucial in the safety and efficiency of the Transit maintenance services, and WHEREAS, the BMF Parts Storage Room project was advertised for bids on April 9, 2019; and
WHEREAS, bids were publicly opened on May 21, 2019, pursuant to City Charter Section 1307; and
WHEREAS, only one bid was received, which was more than twice the engineer’s estimate; and
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2 WHEREAS, on June 25, 2019, by Resolution 2019-287, Council approved rejecting the bid for the BMF Parts Storage Room project and authorized staff to re-advertise the project for bid at a future date with an amended scope of work; and WHEREAS, considering the FMF Heavy Bay project and BMF Parts Storage Room project are located within the same overall facility, City staff combined these projects and bid as a single project; and
WHEREAS, due to the differing funding sources, the project involved two separate contracts for each respective facility (Fleet & Transit); and WHEREAS, the combined project was advertised for bids on September 24, 2019, and bids were publicly opened on October 29, 2019, pursuant to City Charter Section 1307; and
WHEREAS, Harris Builders, Inc., of Hilmar, CA was the responsible bidder at

12.42% above the engineer’s estimate; and
WHEREAS, on March 10, 2020, by Resolution No. 2020-133 and 2020-134 Council awarded a contract to Harris Builders, Inc. for the construction of the FMF Heavy Bay Addition and BMF – Parts Storage Room project for the amount of $5,365,992. By Resolution No. 2020-135 and 2020-136 Construction Management agreements were awarded to Consolidated CM, Inc., (CCM) for Construction Management, Special Inspection, and Materials Testing Services for an amount not to exceed $563,024 ($420,309 for the FMF Heavy Bay Addition and $142,715 for the BMF Parts Storage Room); and
WHEREAS, the contractor received the Notice to Proceed with a start date of May 11, 2020. All contract work was completed on June 30, 2022; and #20..
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3 WHEREAS, on April 5, 2022, by Resolution No. 2022-164 and No. 2022-165 Council approved an amendment to the agreement with CCM, of Oakland, CA, for construction management, testing and inspection services for the FMF Heavy Bay Addition in the amount of $103,818, as an amendment to the original $420,309 for a total amount not to exceed $524,127 and approving an amendment to the agreement with CCM for Construction Management, Special Inspection, and Materials Testing Services for the BMF Parts Storage Room in the amount of $41,797, as an amendment to the original $142,750 for a total amount not to exceed $184,512; and
WHEREAS, the total project expenditures were $7,717,709. Originally, the total project amount originally budgeted was $8,020,822 which included $5,795,272 for the construction contract and contingency with Harris Builder, Inc., of Hilmar, 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, established a contract change order budget of 8% for construction contracts greater than $1,000,000; and
WHEREAS, the project had a total of 39 change orders resulting in an overall increase of $268,848; 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 it hereby accepts the Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility Parts Storage Room project as complete, and releasing payments totaling $5,634,840 to Harris Builders Inc., Hilmar, CA. #20..
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4 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 $5,634,840.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of January, 2023, by Councilmember? who moved its adoption, which motion being duly seconded by Councilmember?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

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

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: January 06, 2023
TIME
EXT.
2020/01 - Fleet Maintenance Facility- Heavy Bay Addition (100451) PROJECT NUMBER AND NAME:
01 Current Stat and Federal Wage Rates 08/30/20 $0.00 0 W.D. No Yes No 02 Removal and Disposal of Asbestos Transite Pipe (HBI
PCO # 02 and PCO # 07)
04/23/21 $5,633.94 0 W.D. No Yes No
03 Permit Fees For Fire Sprinklers Plan Review (HBI PCI # 01)
04/23/21 $1,409.43 0 W.D. No Yes No
04 Electrical Service For Construction Trailer 05/30/21 -$467.85 0 W.D. No Yes No 05 Furnish and Install Upgraded 6,000 PIS Concrete SOG 07/09/21 $12,839.75 0 W.D. No Yes No 06 Furnish and Install Additional Batt Insulation 09/10/21 $22,172.67 0 W.D. No Yes No 07 Furnish and Install Supports For Exterior Light Fixtures 09/10/21 $3,934.17 0 W.D. No No Yes 08 Add Concrete Over Storm Drain Cul De Sac 11/15/21 $4,692.86 0 W.D. No Yes No 09 Furnish and Install (6) Bollards 11/15/21 $7,500.00 0 W.D. No Yes No 10 Deletion of Wall Finishes On Exisiting Building Exterior Wall
11/15/21 -$6,220.78 0 W.D. No Yes No
11 Furnish and Install 12 Inch SDR 26 Inch in Lieu of 12 Inch RCP Due to Utility Conflict
11/15/21 $8,075.68 0 W.D. No Yes No
12 Remove Asphalt Sidewalk With Concrete 11/30/21 $2,733.18 0 W.D. No Yes No 13 Additional Grading and Paving On East Side of Building 11/30/21 $6,616.27 0 W.D. No No Yes 14 Add 3-In of Asphalt @ Northside of Building For
Underground Utility Installation
12/10/21 $8,530.15 0 W.D. No Yes No
15 Furnish and Install Additional Conduit, Wall Cabinet, and Fiber
12/10/21 $9,619.80 0 W.D. No Yes No
16 Request For Working Day Time Extension Of Contract
Finish Date
01/27/22 $0.00 215 W.D. No Yes No
17 Escalation Of Material Cost Due To The Covid-19
Epidemic
01/27/22 $47,587.61 0 W.D. No Yes No
18 Furnish and Install Conduit and Wire For Roll Up Doors and Controls
01/27/22 $16,231.76 0 W.D. No Yes No
19 Modity Exhaust Duct System Away From Steel Bracing,
Light Fixtures, and Sprinkler
01/27/22 $7,497.54 0 W.D. No Yes No
20 -84 Working Days To True Up CCO # 16 03/15/22 $0.00 -84 W.D. No Yes No 21 Furnish and Install Wiring and Controls For Exterior Lighting Sensors
03/15/22 $1,031.97 0 W.D. No Yes No
22 Furnish and Install Support Steel Necessary For
Supporing Hose Reels As Required
03/15/22 $10,642.57 0 W.D. No Yes No
23 Furnish and Install 50A Breakers For Welding Outlset 06/03/22 $4,435.58 0 W.D. No Yes No 24 Furnish and Apply Primer and Finish Pain To Reel
Support Steel
06/03/22 $2,033.01 0 W.D. No Yes No
25 Furnish and Apply Primer And Finish Paint To Six (6) Additional Bollards
06/03/22 $2,185.66 0 W.D. No Yes No
26 Furnish and Apply Primer and Finish Paint TO HVAC
Equipment On Roof
06/03/22 $3,956.73 0 W.D. No Yes No
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: January 06, 2023
TIME
EXT.
27 Furnish and Install A Complete Working Access
Control System
06/03/22 $5,327.22 0 W.D. No Yes No
28 Furnish and Install EUCO 700 Caulking in the Slab
Construction Joints Complete
05/02/22 $35,675.98 30 W.D. No Yes No
29 Furnish and apply the second coat of concrete sealer to facility floor.
10/10/22 $6,738.34 0 W.D. No Yes No
30 Furnish all Formal Engineering data necessary for the supports of hose reels
10/10/22 $1,344.57 5 W.D. No Yes No
31 Furnish and Install New Data Line as shown on
Drawing E2.1Rev4
10/10/22 $8,572.21 20 W.D. No Yes No
32 Painted Structural Member @ Support Hose Reels 10/10/22 $2,033.01 0 W.D. No Yes No 33 Heavy Bay HVAC Roof Curbs 10/10/22 $13,136.84 20 W.D. No Yes No 34 Partial Cost of Course of Construction Insurance 10/10/22 $4,750.50 0 W.D. No Yes No 35 Monument Preservation Work -$2,500.00 0 W.D. No Yes No 36 Balancing Change Order -$10,810.80 0 W.D. No Yes No
Total Change Orders Processed To Date: $246,939.57
Original Contract Amount: $4,063,947.50
IDA To:

Total Working Days Time Extension: 206
Original Director's CCO Authority: $325,116.00
IDA Date:
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12/20/2022
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: December 21, 2022
TIME
EXT.
2020/02 - Bus Maintenance - Parts Storage Room (101337) PROJECT NUMBER AND NAME:
01 Current State and Federal Wage Rates 08/01/20 $0.00 0 W.D. No Yes No 02 Remove Light Fixtures and F/I New Light Fixtures In
Parts Storate Room and Hall
08/08/22 $19,656.24 20 W.D. No Yes No
03 Furnish and install work station in Parts Storage. 09/28/22 $2,251.40 20 W.D. No Yes No Total Change Orders Processed To Date: $21,907.64
Original Contract Amount: $1,302,044.00
IDA To:

Total Working Days Time Extension: 40
Original Director's CCO Authority: $104,164.00
IDA Date:
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N/A
12/20/2022
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 24, 2023
Date: January 9, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Acting Director of Community and Economic Development SUBJECT: Adoption of 2022 Edition of the California Building Code CONTACT: Oscar Diaz, Chief Building Official, [email protected], 209-571-5885 DESCRIPTION:

Public Hearing to consider adoption of Ordinances 3754-C.S., 3755-C.S., 3756-C.S., 3757-C.S., & 3758-C.S. adopting Building, Plumbing, Electrical, and Mechanical Ordinances by reference of the 2022 California Building Codes and amending various sections of Chapters 1, 2, 3, 7, and 11 of Title 9 of the Modesto Municipal Code. (Funding Source: General Fund/Building Permit Fees)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Goal A: Improve Community Safety, with prevention efforts that address safety and its underlying issues.

BACKGROUND:

The California Building Standards Commission (CBSC) is the responsible state body for all building code development. Every three (3) years, the CBSC conducts code development hearings to gain input from developers, building officials, local and state government leaders and other interested parties to review the Building Code Standards for the State of California.

These standards outline the minimum building requirements for the State of California and are automatically required by all local jurisdictions.

DISCUSSION:

It is mandatory that each jurisdiction within the State of California implement these codes. To effectively accomplish this, each jurisdiction must adopt rules and requirements for administering these codes. Title 9 of the Modesto Municipal Code contains these administrative requirements. However, these requirements will need to be modified to accommodate the new editions of the California Building, Residential, Electrical, Plumbing, Mechanical codes and the Existing Buildings Code. Any technical amendments of these codes by the City must be as stringent as the California Building Standards Commission (CBSC); however, local jurisdictions can adopt more restrictive amendments, if necessary, to account for local climatic, geographical, or topographical conditions. If this occurs, findings are to be made prior to local #21..
- 751 -
City Council, January 24, 2023
Adoption of 2022 Edition of the California Building Code

Page 2 of 3 ends

adoptions and submitted to the CBSC. However, no technical amendments to these codes are proposed; therefore, no findings are required. The attached proposed changes are administrative only and will address the needed requirements. All building permits submitted after January 1, 2023 must comply with the new building codes.

FISCAL IMPACT:

The implementation of this Code requires additional training for existing staff. Funding is budgeted in the FY 22/23 Building Safety Division budget. We do not anticipate any other funding requirements to implement this Code.

COMMITTEE RECOMMENDATION:

This project was presented to Safety and Communities Committee on October 10, 2022, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion adopting Ordinance 3754-C.S. amending Articles 1, 2, and 16 of Chapter 1 of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 2, Volumes 1 & 2.

Motion adopting Ordinance 3755-C.S. amending Chapter 3, Electrical Code of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 3 “Electrical Code”.

Motion adopting Ordinance 3756-C.S. adopting by reference, the Existing Building Code contained within the 2022 California Building Standards Code and amending Articles 1 and 2 of Chapter 11 of Title 9 of the Modesto Municipal Code.

Motion adopting Ordinance 3757-C.S. amending Chapter 7, “Mechanical Code” of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24, Part 4 “Mechanical Code”.

Motion adopting Ordinance 3758-C.S. adopting by reference the Plumbing Code contained within the 2022 California Building Standards Code and amending Articles 1 and 2 of Chapter 2 of Title 9 of the Modesto Municipal Code.

Approved by:

Jessica Hill
Acting Director of Community & Economic
Development
Joseph P Lopez, City Manager
Attachments:

1. Proposed Code Amendments – Building Clean

2. Proposed Code Amendments – Building (Redlines)

3. Proposed Code Amendments – Electrical Clean
#21..
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City Council, January 24, 2023
Adoption of 2022 Edition of the California Building Code

Page 3 of 3 ends

4. Proposed Code Amendments – Electrical (Redlines)

5. Proposed Code Amendments – Mechanical Clean

6. Proposed Code Amendments – Mechanical (Redlines)

7. Proposed Code Amendments – Plumbing Clean

8. Proposed Code Amendments – Plumbing (Redlines)

9. Proposed Code Amendments – Existing Building (Clean)

10. Proposed Code Amendments – Existing Building (Redlines) #21..
- 753 -
Ordinance No. 3754-C.S.

Effective: February 23, 2023
ORDINANCE NO. 3754-C.S.

AN ORDINANCE AMENDING ARTICLES 1, 2, AND 16 OF CHAPTER 1 OF TITLE 9 OF THE MODESTO MUNICIPAL CODE RELATING TO BUILDING

REGULATIONS TO ADOPT BY REFERENCE CALIFORNIA CODE OF
REGULATIONS, TITLE 24 PART 2, VOLUMES 1 & 2
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and #21..
- 754 -
Ordinance No. 3754-C.S.

Effective: February 23, 2023
WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof; and NOW, THEREFORE, the City Council of the City of Modesto does hereby ordain as follows:

SECTION 1. Articles 1, 2 and 16 of Chapter 1 “Building Code,” of Title 9 “Building Regulations” of the Modesto Municipal Code is hereby amended to read as follows:

Article 1. - Adoption by Reference of the 2022 California Building Code 9-1.101 - Adoption by Reference of the 2022 California Building Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, as published by the International Code Council, as now existing, or hereafter amended, regulating and governing the conditions of all properties, buildings, and structures; by providing the standards for facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demotion of such structures; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 2022 California Building Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Building Code of the City of Modesto.
9-1.101.2 - Adoption by Reference of the 2022 California Residential Code.

That certain document, one (1) copy of which is on file in the office of the City Clerk at the City of Modesto, being marked and designated as the California Residential Code, 2022 edition, California Code of Regulations Title 24, Part 2.5 as published by the International Code Council, regulating and governing the conditions of residential detached one- and two-family dwellings by providing the standards for facilities and other physical things and conditions essential to ensure that these structures are safe, sanitary and fit for occupation and use; and the demolition of such structures as herein provided, providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof, and each and all of the regulations; #21..
- 755 -
Ordinance No. 3754-C.S.

Effective: February 23, 2023
provisions, penalties, conditions and terms of said building code on file in the office of the City Clerk of the City of Modesto are hereby referred to, adopted and made part hereof, as if fully set out in this ordinance with the additions, deletions and changes, if any prescribed in this chapter, be and hereby are adopted by reference as the Building Code of the City of Modesto.
9-1.101.3 - Adoption by Reference of the 2022 California Green Building Standards Code.

That certain document, one (1) copy of which is on file in the office of the City Clerk at the City of Modesto, being marked and designated as the California Green Building Standards Code, 2022 edition, California Code of Regulations Title 24, Part 11 as published by the International Code Council, regulating and governing the conditions for energy efficiency, water efficiency and conservation, material conservation and resource efficiency for residential and nonresidential buildings hereby referred to, adopted and made part hereof, as if fully set out in this ordinance with the additions, deletions and changes, if any prescribed in this chapter, be and hereby is adopted by reference as the Green Building Code of the City of Modesto.

Article 2. - General Code Provisions
9-1.201 - Title.

These regulations shall be known as the "Building Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Building Code," the "2022 California Building and 2022 California Residential Code," the "California Building and Residential Code," the “Green Building Code”, or "this Code."
9-1.202 - Purpose.

The purpose of this code is to establish the minimum requirements to provide a reasonable level of safety, public health and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire, explosion and other hazards, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.
9-1.203 - Scope.

The provisions of this Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the City of Modesto. 9-1.204 - Appendices.

Provisions contained in the appendices of the California Building Code and the California Residential Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.
#21..
- 756 -
Ordinance No. 3754-C.S.

Effective: February 23, 2023
Article 16. - Technical Amendments to the 2022 California Building Code 9-1.1601 - Deleted Sections.

SECTION 2. 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 3. 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.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

SECTION 5. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, #21..
- 757 -
Ordinance No. 3754-C.S.

Effective: February 23, 2023
clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of January, 2023, 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 SZAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
(Seal)
APPROVED AS TO FORM:

By: _______________________________
JOSE M SANCHEZ, City Attorney
#21..
- 758 -
Ordinance No. 3754-C.S.

Effective: February 23, 2023

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 ___day of _______,2023, Councilmember ___________moved its final adoption, which motion being duly seconded by Councilmember__________________, was upon roll carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
#21..
- 759 -
2022 Existing Building Code Redlines
Chapter 11 – EXISTING BUILDING CODE
Article 1. - Adoption by Reference of the 201922 California Existing Building Code 11-1.101 - Adoption by Reference of the 201922 California Existing Building Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 201922 California Existing Building Code, California Code of Regulations, Title 24, Part 10, as published by the International Code Council, as now existing, or hereafter amended, regulating and governing the conditions of existing building and structures; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 201922 California Existing Building Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Building Code of the City of Modesto.

Article 2. - General Code Provisions
11-1.201 - Title.

Effective: February 23, 2023
ORDINANCE NO. 3755-C.S.

AN ORDINANCE AMENDING CHAPTER 3, “ELECTRICAL CODE” OF
TITLE 9 OF THE MODESTO MUNICIPAL CODE RELATING TO BUILDING

REGULATIONS TO ADOPT BY REFERENCE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PART 3 “ELECTRICAL CODE”
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and #21..
- 761 -
Ordinance No. 3755-C.S.

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

SECTION 1. AMENDMENT OF CODE. Chapter 3 entitled “Electrical Code” of Title 9 “Building Regulations” shall be amended as follows:
9-3.101 - Adoption by Reference of the 2022 California Electrical Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 2022 California Electrical Code, California Code of Regulations Title 24, Part 3, as published by the Building News, inc. (BNi), as now existing, or hereafter amended, regulating, governing and providing standards for the erection, installation, repair, relocation, replacement, addition to, use, or maintenance of electrical systems and parts thereof for the protection of public health and safety, providing for the issuance of permits and collection of fees, providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 2022 California Electrical Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions, and changes if any, prescribed in this Chapter, be and hereby is adopted as the Electrical Code of the City of Modesto.

Article 2. - General Code Provisions
9-3.201 - Title.

These regulations shall be known as the "Electrical Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Electrical Code," the "2022 California Electrical Code," the "California Electrical Code," or "this Code."
9-3.204 - Appendices.

Provisions contained in the appendices of the California Electrical Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.

SECTION 2. 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. #21..
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Ordinance No. 3755-C.S.

Effective: February 23, 2023
SECTION 3. 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.

Effective: February 23, 2023
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
#21..
- 764 -
Ordinance No. 3755-C.S.

Effective: February 23, 2023

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 ___day of _______, 2023, Councilmember ___________moved its final adoption, which motion being duly seconded by Councilmember__________________, was upon roll carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
#21..
- 765 -
2022 Electrical Code Redlines
9-3.101 - Adoption by Reference of the 201922 California Electrical Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 201922 California Electrical Code, California Code of Regulations Title 24, Part 3, as published by the Building News, inc. (BNi), as now existing, or hereafter amended, regulating, governing and providing standards for the erection, installation, repair, relocation, replacement, addition to, use, or maintenance of electrical systems and parts thereof for the protection of public health and safety, providing for the issuance of permits and collection of fees, providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 201922 California Electrical Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions, and changes if any, prescribed in this Chapter, be and hereby is adopted as the Electrical Code of the City of Modesto.

Article 2. - General Code Provisions
9-3.201 - Title.

These regulations shall be known as the "Electrical Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Electrical Code," the "201922 California Electrical Code," the "California Electrical Code," or "this Code."
9-3.204 - Appendices.

Provisions contained in the appendices of the California Electrical Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.
#21..
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Ordinance No. 3756-C.S.

Effective: February 23, 2023
ORDINANCE NO.3756-C.S.

AN ORDINANCE ADOPTING BY REFERENCE THE EXISTING BUILDING CODE CONTAINED WITHIN THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND AMENDING ARTICLES 1 AND 2 OF CHAPTER 11 OF TITLE 9 OF THE MODESTO

MUNICIPAL CODE
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and #21..
- 767 -
Ordinance No. 3756-C.S.

SECTION 1. AMENDMENT OF CODE. Chapter 11 entitled “Existing Building Code” shall be amended as follows:

Chapter 11 – EXISTING BUILDING CODE
Article 1. - Adoption by Reference of the 2022 California Existing Building Code 11-1.101 - Adoption by Reference of the 2022 California Existing Building Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, as published by the International Code Council, as now existing, or hereafter amended, regulating and governing the conditions of existing building and structures; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 2022 California Existing Building Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Building Code of the City of Modesto.

Article 2. - General Code Provisions
11-1.201 - Title.

These regulations shall be known as the "Existing Building Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as "this Code."
SECTION 2. 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. #21..
- 768 -
Ordinance No. 3756-C.S.

Effective: February 23, 2023
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
#21..
- 770 -
Ordinance No. 3756-C.S.

Effective: February 23, 2023

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYAREZ-PEREZ, City Clerk
#21..
- 771 -
2022 Building Code Redlines
Article 1. - Adoption by Reference of the 201922 California Building Code 9-1.101 - Adoption by Reference of the 201922 California Building Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 201922 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, as published by the International Code Council, as now existing, or hereafter amended, regulating and governing the conditions of all properties, buildings, and structures; by providing the standards for facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demotion of such structures; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 201922 California Building Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Building Code of the City of Modesto.
9-1.101.2 - Adoption by Reference of the 201922 California Residential Code.

That certain document, one (1) copy of which is on file in the office of the City Clerk at the City of Modesto, being marked and designated as the California Residential Code, 201922 edition, California Code of Regulations Title 24, Part 2.5 as published by the International Code Council, regulating and governing the conditions of residential detached one- and two-family dwellings by providing the standards for facilities and other physical things and conditions essential to ensure that these structures are safe, sanitary and fit for occupation and use; and the demolition of such structures as herein provided, providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof, and each and all of the regulations; provisions, penalties, conditions and terms of said building code on file in the office of the City Clerk of the City of Modesto are hereby referred to, adopted and made part hereof, as if fully set out in this ordinance with the additions, deletions and changes, if any prescribed in this chapter, be and hereby are adopted by reference as the Building Code of the City of Modesto.
9-1.101.3 - Adoption by Reference of the 2022 California Green Building Standards Code.

These regulations shall be known as the "Building Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Building Code," the "201922 California Building and 201922 California Residential Code," the "California Building and Residential Code," the “Green Building Code”, or "this Code."
9-1.202 - Purpose.

Provisions contained in the appendices of the 2019 California Building Code and the 2019 California Residential Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.

Article 16. - Technical Amendments to the 2019 2022 California Building Code 9-1.1601 - Deleted Sections.
9-1.1602 - Amended Sections.
9-1.1602.1 - Definitions.

Section 202 of the 2013 California Building Code is hereby amended to read as follows:

BUILDING OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this Code, or duly authorized representative. The #21..
- 773 -
2022 Building Code Redlines
office and title of Chief Building Official of the City of Modesto shall serve as the officer responsible for administration and enforcement of this Code. 9-1.1602.2 - Structural Design.

Section 1612.3 of the 2019 California Building Code is hereby amended to read as follows:
1612.3. ESTABLISHMENT OF FLOOD HAZARD AREAS.

To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for the City of Modesto", dated September 26, 2008, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. 9-1.1602.3 – Structural Tests and Special Inspections
Section 1704.2 of The 2019 California Building Code Is Hereby Amended to Read As Follows:
1704.2. Special inspections and Tests.

Where application is made to the building official for the construction as specified in Title 9 Chapter 1 Article 5 Permits or 1.8.4, applicable, the owner or the owner’s agent, other than the contractor, shall employ one or more approved agencies to provide special inspections and tests during construction on the types of work specified in Section 1705 and identify the approved agencies to the building official. These special inspections and tests are in addition to the inspection by the building official that are identified in Title 9 Chapter 1 Article 8
#21..
- 774 -
Ordinance No. 3757-C.S.

Effective: February 23, 2023
ORDINANCE NO. 3757-C.S.

AN ORDINANCE AMENDING CHAPTER 7, “MECHANICAL CODE” OF TITLE 9 OF

THE MODESTO MUNICIPAL CODE RELATING TO BUILDING REGULATIONS TO ADOPT BY REFERENCE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 4 “MECHANICAL CODE”
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and #21..
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Ordinance No. 3757-C.S.

Effective: February 23, 2023
WHEREAS, notice of the ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.

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

SECTION 1. AMENDMENT OF CODE. Chapter 7 entitled “Mechanical Code” of Title 9 “Building Regulations” shall be amended as follows:

Article 1. - Adoption by Reference of the 2022 California Mechanical Code 9-7.101 - Adoption by Reference of the 2022 California Mechanical Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 2022 California Mechanical Code, California Code of Regulations, Title 24, Part 4, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), as now existing, or hereafter amended, which said Code governs and provides proper regulations of mechanical systems and parts thereof, including, but not limited to, addition to or erection, installation, alteration, repair, relocation, replacement, use, or maintenance of any heating, ventilation, cooling, refrigeration systems or equipment thereof; incinerators or parts or equipment thereof; or other miscellaneous heat producing appliances, parts or equipment thereof; providing for the issuance of permits and collection of fees therefor; providing for the inspection thereof; providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 2022California Mechanical Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions, and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Mechanical Code of the City of Modesto.

Article 2. - General Code Provisions
9-7.201 - Title.

These regulations shall be known as the "Mechanical Code of the City of Modesto", and may be cited and referred to herein as such or may be cited and referred to herein as the "Mechanical Code", the "2022 California Mechanical Code", the "California Mechanical Code", or "this Code."
9-7.204 - Appendices.
#21..
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Ordinance No. 3757-C.S.

Effective: February 23, 2023
Provisions contained in the appendices of the California Mechanical Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.

SECTION 2. 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.

Effective: February 23, 2023
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of January, 2023, 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
#21..
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Ordinance No. 3757-C.S.

Effective: February 23, 2023

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 ___day of _______, 2023, Councilmember ___________moved its final adoption, which motion being duly seconded by Councilmember__________________, was upon roll carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ , City Clerk
#21..
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2022 Mechanical Code Redlines
Article 1. - Adoption by Reference of the 201922 California Mechanical Code 9-7.101 - Adoption by Reference of the 202219 California Mechanical Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 201922 California Mechanical Code, California Code of Regulations, Title 24, Part 4, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), as now existing, or hereafter amended, which said Code governs and provides proper regulations of mechanical systems and parts thereof, including, but not limited to, addition to or erection, installation, alteration, repair, relocation, replacement, use, or maintenance of any heating, ventilation, cooling, refrigeration systems or equipment thereof; incinerators or parts or equipment thereof; or other miscellaneous heat producing appliances, parts or equipment thereof; providing for the issuance of permits and collection of fees therefor; providing for the inspection thereof; providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 202216 California Mechanical Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions, and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Mechanical Code of the City of Modesto.

Article 2. - General Code Provisions
9-7.201 - Title.

These regulations shall be known as the "Mechanical Code of the City of Modesto", and may be cited and referred to herein as such or may be cited and referred to herein as the "Mechanical Code", the "201922 California Mechanical Code", the "California Mechanical Code", or "this Code."
9-7.204 - Appendices.

Provisions contained in the appendices of the California Mechanical Code shall not apply unless specifically adopted by the State of California Building Standards Commission or the City of Modesto.
#21..
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Ordinance No. 3758-C.S.

Effective: February 23, 2023
ORDINANCE NO. 3758-C.S.

AN ORDINANCE ADOPTING BY REFERENCE THE PLUMBING CODE
CONTAINED WITHIN THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND AMENDING ARTICLES 1 AND 2 OF CHAPTER 2 OF TITLE 9 OF THE MODESTO

Effective: February 23, 2023
WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof; and NOW, THEREFORE, the City Council of the City of Modesto does hereby ordain as follows:

SECTION 1. REPEALING AND REPLACING. Section 9-2.101 of Article 1 of Chapter 2, “Plumbing Code,” of Title 9, “Building Regulations” and Sections 9-2.201 and 9-2.204 of Article 2 of Chapter 2, “Plumbing Code,” of Title 9, “Building Regulations” shall be repealed in their entirety and replaced as follows:

Article 1. - Adoption by Reference of the 2022 California Plumbing Code 9-2.101 - Adoption by Reference of the 2022 California Plumbing Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 2022 California Plumbing Code, California Code of Regulations, Title 24, Part 5, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), as now existing, or hereafter amended, regulating and governing the erection, alteration, installation, repair, relocation, replacement, addition to, use or maintenance of plumbing and drainage systems and parts thereof for the protection of public health and safety, providing for the issuance of permits and collection of fees, providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 2022 California Plumbing Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Plumbing Code of the City of Modesto. #21..
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Ordinance No. 3758-C.S.

Effective: February 23, 2023
Article 2. - General Code Provisions
9-2.201 - Title.

These regulations shall be known as the "Plumbing Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Plumbing Code," the "2022 California Plumbing Code," the "California Plumbing Code," or "this Code."
9-2.204 - Appendices.

Provisions contained in the appendices of the California Plumbing Code shall not apply unless specifically adopted by the State of California or the City of Modesto.

SECTION 2. 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.

Effective: February 23, 2023
SECTION 5. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
(Seal)
#21..
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Ordinance No. 3758-C.S.

Effective: February 23, 2023
By: _____________________________________
JOSE M SANCHEZ, City Attorney
#21..
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Ordinance No. 3758-C.S.

Effective: February 23, 2023

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _____________________________________
DIANE NAYARES-PEREZ, City Clerk
#21..
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2022 Plumbing Code Redlines
Article 1. - Adoption by Reference of the 201922 California Plumbing Code 9-2.101 - Adoption by Reference of the 201922 California Plumbing Code.

That certain document, one (1) copy of which is on file in the Office of the City Clerk of the City of Modesto, being marked and designated as the 201229 California Plumbing Code, California Code of Regulations, Title 24, Part 5, as published by the International Association of Plumbing and Mechanical Officials (IAPMO), as now existing, or hereafter amended, regulating and governing the erection, alteration, installation, repair, relocation, replacement, addition to, use or maintenance of plumbing and drainage systems and parts thereof for the protection of public health and safety, providing for the issuance of permits and collection of fees, providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said 201922 California Plumbing Code on file in the Office of the City Clerk of the City of Modesto is hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, deletions, insertions and changes, if any, prescribed in this Chapter, be and hereby is adopted as the Plumbing Code of the City of Modesto.

Article 2. - General Code Provisions
9-2.201 - Title.

These regulations shall be known as the "Plumbing Code of the City of Modesto," and may be cited and referred to herein as such or may be cited and referred to herein as the "Plumbing Code," the "201922 California Plumbing Code," the "California Plumbing Code," or "this Code."
9-2.204 - Appendices.

Provisions contained in the appendices of the California Plumbing Code shall not apply unless specifically adopted by the State of California or the City of Modesto. #21..
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2022 Plumbing Code Redlines
#21..
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CITY OF MODESTO
ORDINANCES NO. 3754-C.S. through 3758-C.S.

The following Ordinances were introduced by the City Council of the City of Modesto at the meeting of January 10, 2023:

ORDINANCE NO. 3754-C.S.

AN ORDINANCE AMENDING ARTICLES 1, 2, AND 16 OF CHAPTER 1 OF TITLE 9 OF THE MODESTO MUNICIPAL CODE RELATING TO BUILDING

REGULATIONS TO ADOPT BY REFERENCE CALIFORNIA CODE OF
REGULATIONS, TITLE 24 PART 2, VOLUMES 1 & 2
ORDINANCE NO. 3755-C.S.

AN ORDINANCE AMENDING CHAPTER 3, “ELECTRICAL CODE” OF
TITLE 9 OF THE MODESTO MUNICIPAL CODE RELATING TO BUILDING

REGULATIONS TO ADOPT BY REFERENCE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PART 3 “ELECTRICAL CODE”
ORDINANCE NO. 3756-C.S.

AN ORDINANCE ADOPTING BY REFERENCE THE EXISTING BUILDING CODE CONTAINED WITHIN THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND AMENDING ARTICLES 1 AND 2 OF CHAPTER 11 OF TITLE 9 OF

THE MODESTO MUNICIPAL CODE
ORDINANCE NO.3757-C.S.

AN ORDINANCE AMENDING CHAPTER 7, “MECHANICAL CODE” OF
TITLE 9 OF THE MODESTO MUNICIPAL CODE RELATING TO BUILDING

REGULATIONS TO ADOPT BY REFERENCE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PART 4 “MECHANICAL CODE”
ORDINANCE NO. 3758-C.S.

AN ORDINANCE ADOPTING BY REFERENCE THE PLUMBING CODE
CONTAINED WITHIN THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND AMENDING ARTICLES 1 AND 2 OF CHAPTER 2 OF TITLE 9 OF

THE MODESTO MUNICIPAL CODE
Copies of the above-mentioned ordinances are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
#21..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 24, 2023
Date: December 6, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Acceptance of the 2022 Public Health Goals Report CONTACT: William Wong, Director of Utilities, [email protected], 209-571-5801 DESCRIPTION:

Hearing to consider accepting the Public Health Goals Report (PHG) on the City of Modesto’s Water System, in compliance with Title 22 of the California Health and Safety Code. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

Title 22, Section 116470 of the California Health and Safety Code requires that all large water system providers issue a public notice on water quality standards within their service area.

In addition to the above requirement, any water system with more than 10,000 service connections is mandated to issue a report every three years documenting any exceedance of a Public Health Goal (PHG) for potable water; this report was last published in 2019. This report is only for the City of Modesto; it does not include the City’s outlying service areas because it contains fewer than 10,000 service connections. The water provider is also required to hold a public meeting on the Public Health Goals Report and accept public comments at that time.

A copy of the Public Health Goals Report is attached.

DISCUSSION:

The State of California requires the Public Health Goals report to include:
 Numerical Public Health Risk
 Category/Type of Health Risk
 Best Available Treatment
 Estimated Treatment Cost
#22..
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City Council, January 24, 2023
Acceptance of the 2022 Public Health Goals Report

Page 2 of 2 ends

Only constituents that meet or exceed a PHG or Maximum Contaminants Level Goal (MCLG) if there is no PHG, are addressed. Reported constituents are: 1,2,3-Trichloropropane (TCP), Arsenic, Dibromochloropropane (DBCP), Tetrachloroethene (PCE), Radium 226 and 228, Uranium, E. coli Bacteria, and Lead.

All water quality data presented in the report was collected between 2019 and 2021. Data was previously summarized and presented to customers through the annual Consumer Confidence Report.

The annual operations and maintenance costs to reduce all contaminants in well water to meet the PHG, is estimated to be approximately $32 million annually.

Drinking water quality in the City meets all State Water Resource Control Board and U.S.

Environmental Protection Agency drinking water standards set to protect public health. PHGs are based on the volume of contaminant ingested. Surface water provides for greater protection of public health without additional investment in wellhead treatment.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on Monday, December 5, 2022 and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the 2022 Public Health Goals Report in compliance with Title 22 of the California Health and Safety Code.

Approved by:

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

1. Resolution

2. 2022 Public Health Goals Report

3. Public Health Goals Table
#22..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?
RESOLUTION ACCEPTING THE 2022 PUBLIC HEALTH GOALS REPORT IN COMPLIANCE WITH TITLE 22 OF THE CALIFORNIA HEALTH AND

SAFETY CODE
WHEREAS, the California Health and Safety Code Title 22 Section 116470 specifies that utilities with greater than 10,000 service connections prepare a special report if any of the water quality measurements taken during the previous three years have exceeded a Public Health Goal (PHG); and
WHEREAS, the water system providers are mandated to hold a public hearing for comments regarding the PHG Report and a copy is on file in the office of the City Clerk; and
WHEREAS, State law requires the report to include numerical public health risk, category/type of health risk, Best Available Treatment (BAT), and estimated treatment cost; and
WHEREAS, only constituents that meet or exceed a PHG or Maximum Contaminant Level Goals (MCLG) if there is no PHG, are addressed; and WHEREAS, the report was prepared using all water quality data collected between 2019 and 2021; and
WHEREAS, the drinking water quality of the City of Modesto meets all State Water Resource Control Board and U.S. Environmental Protection Agency drinking water standards.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the 2022 Public Health Goals Report in compliance with Title 22 of the California Health and Safety Code.
#22..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of January, 2023, 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-PERES, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________
JOSE M. SANCHEZ, City Attorney
#22..
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City of Modesto
2022 Public Health Goals Report

#22..
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Background
The California Health and Safety Code Title 22 Section 116470(b) specifies that water utilities serving more than 10,000 connections prepare a brief written report every three years that documents detections of any constituents that exceed a Public Health Goal (PHG) in the preceding three years. This report documents the drinking water contaminants in our water supply found to be above a PHGs, or if no PHG, above the Maximum Contaminant Level Goal (MCLG) during calendar years 2019 through 2021. The report must be presented at a public meeting, where Council may accept and respond to public comment. The Department of Drinking Water (DDW) must be notified after the meeting is held.

State law requires the following information to be disclosed in this report:
➢ Numerical public health risk
➢ Category or type of health risk
➢ Best Available Treatment (BAT) technology
➢ Estimated treatment costs (only operating and maintenance estimated cost; no capital estimated cost included)
The Water Division is recommending that no action be taken regarding the reduction of contaminants to levels below the MCL.

What are Public Health Goals?
PHGs are non-enforceable goals established by the California Office of Environmental Health Hazard Assessment (OEHHA) which is part of Cal-EPA.

PHGs are based solely on public health risk considerations and are not required to be meet by any public water system. None of the practical risk-management factors that are considered by the USEPA or the California Division of Drinking Water in setting drinking water standards (MCLs) are considered in setting PHGs. PHGs are often not practically achievable from an economic and technological point of view.

When setting MCLs, the regulatory agencies take into consideration analytical detection capability, availability of treatment technology, benefits and cost.

Water Quality Data Considered
All of the water quality data collected by the City between 2019 and 2021 for the purpose of determining compliance with drinking water standards was considered for the 2022 Public Health Goal report. This data was previously summarized and presented to customers in the annual Consumer Confidence Reports.
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Guidelines Followed
The Association of California Water Agencies (ACWA) formed a workgroup which prepared guidelines for water utilities to use in preparing these reports.

The ACWA guidelines were updated in 2022 and were utilized in the preparation of this report.

Best Available Treatment Technology and Cost Estimates
Both the USEPA and the DDW adopt what are known as BATs or Best Available Technologies which are the best-known methods of reducing contaminant levels to the MCL. Costs can be estimated for such technologies. However, since many PHGs and all MCLGs are set much lower than the MCL, it is not always possible nor feasible to determine what treatment is needed to further reduce a constituent downward to or near the PHG or MCLG, many of which are set at zero. Estimating costs to reduce a constituent to zero is difficult, if not impossible because it is not possible to verify by analytical means that the level has been lowered to zero. If the contaminant is not detected in a sample the result is reported as less than the detection level for reporting. In some cases, installing treatment to further reduce a very low level of one constituent may have an adverse affect on other aspects of water quality. The actual costs to reduce contaminants to PHG levels may differ dramatically from the estimates provided in this report.

Constituents Detected that Exceed a PHG or a MCLG
The following is a discussion of constituents that were detected at levels above the PHG, or if no PHG, above the MCLG.

The estimated operations and maintenance costs per year to reduce all contaminant in our well water to the Public Health Goal is approximately 32 million dollars per year.

All cost estimates provided within this report were based on the cost for each BAT provided by ACWA in their 2022 guidance document.
1, 2 ,3 –Trichloropropane (TCP)
There are 15 wells that contain TCP above the PHGs. The BAT for TCP includes Granular Active Carbon (GAC). The cost to reduce the TCP in all Modesto wells to meet PHGs is approximately $0.91 million dollars per year. The OEHHA has determined that TCP is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for TCP above the PHG is 1x which means one excess cancer case per million people exposed.

Arsenic
There are 38 wells in Modesto that contain Arsenic above the PHGs. The BAT for arsenic includes ion exchange treatment. The cost to reduce arsenic in all Modesto wells to meet PHGs is approximately $10.97 million dollars per year. #22..
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The OEHHA has determined that arsenic is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for arsenic above the PHG is 1x which means one excess cancer case per million people exposed.

Dibromochloropropane (DBCP)
There are 2 wells that contain DBCP above the PHGs. The BAT for DBCP includes GAC. The cost to reduce the DBCP in all Modesto wells to meet PHGs is approximately $0.20 million dollars per year. The OEHHA has determined that DBCP is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for DBCP above the PHG is 1x which means one excess cancer case per million people exposed.

Tetrachloroethene (PCE)
There are 2 wells that contain PCE above the PHGs. The BAT for PCE includes GAC. The cost to reduce the PCE in all Modesto wells to meet PHGs is approximately $0.05 million dollars per year. The OEHHA has determined that PCE is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for PCE above the PHG is 1x which means one excess cancer case per million people exposed.

Radium 226
There are 7 wells that contain Radium 226 above the PHGs. The BAT for Radium 226 includes ion exchange treatment. The cost to reduce the Radium 226 in all Modesto wells to meet PHGs is approximately $0.97 million dollars per year. The OEHHA has determined that Radium 226 is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for Radium 226 above the PHG is 1x which means one excess cancer case per million people exposed.

Radium 228
There are 12 wells that contain Radium 228 above the PHGs. The BAT for Radium 228 includes ion exchange treatment. The cost to reduce the Radium 228 in all Modesto wells to meet PHGs is approximately $3 million dollars per year. The OEHHA has determined that Radium 228 is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for Radium 228 above the PHG is 1x which means one excess cancer case per million people exposed.

Uranium
There are 48 wells that contain Uranium above the PHGs. The BAT for Uranium includes ion exchange treatment. The cost to reduce the Uranium in all Modesto wells to meet PHGs is approximately $16 million dollars per year. The OEHHA has determined that Uranium is a health concern at certain levels of exposure #22..
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and listed the health risk category as carcinogenicity. The numerical health risk for Uranium above the PHG is 1x which means one excess cancer case per million people exposed.

E. Coli Bacteria
In July 2021, the California Revised Total Coliform Rule became effective. The purpose for the revisions was to provide the public with increased protection against microbial pathogens in drinking water served by public water systems. In the month of July 2021, the City of Modesto collected 145 routine samples from the distribution system and one sample tested positive for both total coliform and E Coli bacteria. However, the repeat samples the City of Modesto conducted tested negative for both total coliform and E. Coli bacteria. At this point the City met the MCL standards and did not need further investigation. The one single action that would most likely decrease the possibility of positive E. Coli detection would be to significantly increase the disinfectant residual. However, this would likely result in increased disinfection byproducts (DBPs). Also, there is no action that could be taken with absolute certainty that could ensure that the system would always have zero positive samples.

No cost estimate is required.

Lead
The BAT for Lead and Copper (at the tap) is a Treatment Technique (TT) which optimizes on corrosion control. The City of Modesto meets the requirements of having optimized corrosion control but still had a 90 percentile lead value above the PHG during the lead and copper at the tap sampling event in 2020. Since the City meets the corrosion control requirements no action is required.

No cost estimate is required.

Recommendations for Further Action
The drinking water quality of the City of Modesto meets all State of California, DDW and USEPA drinking water standards set to protect public health. The City of Modesto’s treated surface water, which represents approximately half of the water delivered, does not contain Arsenic, Uranium, DBCP, PCE, TCE, or Coliform above the detection limit for reporting. Since Public Health Goals are set based on the volume of contaminant ingested, conjunctive use of well water and surface water provides for greater protection of public health without additional investment in wellhead treatment.

The Water Division is recommending that no action be taken due to the fact:
• The cost to further reduce the levels of the contaminants identified in this report is estimated at over thirty-two million dollars per year plus capital costs for the treatment systems.
• The effectiveness of the treatment processes to provide water that meets the PHG is uncertain because of limitations in analytical instrumentation. #22..
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• The health protection benefits of reductions below the MCL are uncertain and may not be quantifiable.
• The funds that are available provide better health protection benefits when spent on water system operation, maintenance, surveillance and monitoring programs.
#22..
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Chemical Maximum
Detected
Number of
Sites Health Risk Category
Best
Available
Technology
California
PHG
Cancer Risk @
PHG California MCL Cancer Risk @ MCL
Million Gallons
Per Year
Estimated Cost
per Million
Gallons
Estimated Cost
per Year
Million
1,2,3-Trichloropropane
(TCP) 10 ppt 15 Cancer GAC 0.7 ppt
1 per
1,000,000
persons
5 ppt
7 per
1,000,000
persons
1,564 $580 $0.91
Arsenic 9.3 ppb 38 Cancer Ion
Exchange 0.004 ppb
1 per
1,000,000
persons
10 ppb 2.5 per 1,000
persons
4,573 $2,400 $10.97
Dibromochloropropane
(DBCP) 0.06 ppb 2 Cancer GAC 0.003 ppb
1 per
1,000,000
persons

0.2 ppb 1 per 10,000
persons
339 $580 $0.20
Tetrachloroethene
(PCE) 8.7 ppb 2 Cancer GAC 0.06 ppb
1 per
1,000,000
persons
5 ppb 8 per 100,000
persons
94 $580 $0.05
Radium 226 0.24 pCi/L 7 Cancer Ion
Exchange 0.05 pCi/L
1 per
1,000,000
persons
5 pCi/L
(combined Ra 226&228)
1 per 10,000
persons
402 $2,400 $0.97
Radium 228 0.76 pCi/L 12 Cancer Ion
Exchange

0.019
pCi/L
1 per
1,000,000
persons
5 pCi/L
(combined Ra 226&228)
3 per 10,000
persons
1,264 $2,400 $3.03
Uranium 28 pCi/L 48 Cancer Ion
Exchange 0.43 pCi/L
1 per
1,000,000
persons
20 pCi/L 5 per 100,000
persons
6,690 $2,400 $16.06
Coliform Bacteria
E.Coli
1 sample
present for
E.Coli during 1
month in 2021
Already
Treated Acute Toxicity
Maintain
Disinfectant
Residual
(0) is the
MCLG no
PHG
NA Repeat Positive Sample or
Failure to Test for E. Coli NA
Lead (at the tap) 0.0075 ppm 90th
percentile
Developmental Neurotoxity
Cardiovascular Toxicity
Cancer
TT 0.0002
ppm
<1 per
1,000,000
persons

0.015
(Action Level)
2 per
1,000,000
persons
$32
PHGs may not be attainable or quantifiable.

Cost estimates only include O&M. Costs estimates are provided only to comply with the California requirements.

Million Gallons Per Year was based off of production volumes from wells exceeding the PHG.

Estimated Cost per Million Gallons was based on the cost for each BAT provided by ACWA in their 2022 guidance document. ppm is Parts Per Million (mg/L)
ppb is Parts Per Billion (ug/L)
ppt is Parts Per Trillion (ng/L)
pCi/L is Pico Curies Per Liter
System currently meets the requirements of having
optimized corrosion control already (involving
sampling, reports, studies, etc.)
There is no action that could be taken with absolute
certainty that could ensure that the system would
always have zero percent E.Coli every single time.

System is aleady treating for bacteria by disinfection
of the water system.

TOTAL ESTIMATED O&M COST PER YEAR TO TREAT MODESTO WELLS - MILLION 2019-2021 Modesto System Public Health Goal Water Quality Table #22..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 24, 2023
Date: December 18, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Multifamily Dwelling Bulky Item Pickup Pilot Program CONTACT: Rosene Salmo, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:

Consider approving the Multifamily Dwelling Bulky Item Pickup Program as a pilot for a term of one year. (Funding Source: America Rescue Plan Act)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiative: Quality of Life, “Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”, Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities.” BACKGROUND:

In 2019, the City of Modesto conducted citywide community surveys, which identified blight as one of the most pressing issues for residents. In the same year, the City adopted the 2020-2025 Blight Abatement Strategy, developed though collaboration with community members, local partnerships, other agencies, and internal City departments.1 The strategy outlines initiatives for blight abatement on public and private property, encourages public and private partnerships, and further action to minimize and mitigate blight.

In 2022, the Public Works Department requested an allocation from the American Rescue Plan Act (ARPA) to fund the development and implementation of a Bulky Item Pickup Program expanded to serve multifamily dwellings. On July 12, 2022, by Resolution 2022-327, Council approved as part of the second allocation of the City’s Pandemic Recovery Strategy, Modesto Forward, to “improve the development of affordable housing, spur tourism and economic recovery, and address gaps in service.”
1 https://www.modestogov.com/DocumentCenter/View/18350/Blight-Abatement-Strategy-Printable-PDF #23..
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City Council, January 24, 2023
Multifamily Dwelling Bulky Item Pickup Pilot Program

Page 2 of 3 ends

Modesto City CouncilJanuary 24, 2023

Modesto City Council
January 24, 2023