Agenda packet — Economic Development Committee, August 5, 2024 (part 2 of 3)

On February 1, 2022, the Purchasing Manager approved a First Amendment to the purchase agreement with West Coast Sand and Gravel to include pricing for deliveries to Crows Landing, CA. There were no changes made to the total spending authority for the agreement.

On November 21, 2023, the Director of Finance approved a Second Amendment to the purchase agreement with West Coast Sand and Gravel to include pricing for deliveries to Patterson, CA.

There were no changes made to the total spending authority for the agreement.

DISCUSSION:

On April 2, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the Purchase of Rock, Sand, & Gravel. On April 25, 2024, the Purchasing Division issued Invitation for Bids (IFB) IFB No. 2324-82, Purchase of Rock, Sand & Gravel on the City’s PlanetBids public bidding website under various commodity codes1. Prospective bidders were notified online and via email of the bid opportunity. Fifteen (15) companies downloaded the IFB document from PlanetBids.

On June 4, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) companies chose to respond, and there was one (1) local bid received. Based on providing the lowest responsive and responsible bid, City staff recommended awarding the Purchase of Rock, Sand & Gravel to West Coast Sand and Gravel, Inc. for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $712,000, and a total not to exceed $3,920,700 over five years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. An award of bid and agreement for the Purchase of Rock, Sand & Gravel to West Coast Sand and Gravel, Inc. conforms to the Modesto Municipal Code because the City complied with the formal bid procedures, and West Coast Sand and Gravel was the lowest responsive and responsible bidder.

FISCAL IMPACT:

The original agreements for the purchase of rock, sand, and gravel were approved with a spending authority not to exceed $3,030,000 over five years. Staff is requesting that the new agreement be approved with a spending authority not to exceed $3,920,700 over five years. This projected increase is due in part to the fact that spending was uncharacteristically lower during COVID (2020-21). When restrictions eased, Citywide spending for rock, sand and gravel doubled in one year and is on track to do the same during the final year of the agreement. Staff believes that this is more indicative of the City’s projected spending for the new agreement, especially considering the increase in Measure H funded projects for multiple City Divisions.

Expenditures for Agreement #166751 over the past five years are listed in the following table:

Contract Year Dates Expended
CY1 10/1/19 – 9/30/20 $ 392,903
CY2 10/1/20 – 9/30/21 $ 315,376
CY3 10/1/21 – 9/30/22 $ 314,489
CY4 10/1/22 – 9/30/23 $ 625,335
1 75077 Sand & Gravel
96826 Crushing, Screening, Etc. of All Types of New or Recycled Aggregate, Brick or Stone Products Incl. Road Materials
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Economic Development Committee, August 5, 2024
Purchase of Rock, Sand & Gravel

Page 3 of 3 ends

CY5 10/1/23 – 9/30/24 $ 175,602
Grand Total: $1,823,705
Estimated expenditures for the next five years are budgeted in various department funds, with the first two years fixed and a 8% increase annually in years three, four, and five:

Department Fund/Cost Center Amount
Utilities:

Water 4100-45040 $ 500,000
Storm Drain 4480-44222 $ 60,000
Sewer Operations 4210-44211 $ 35,000
Public Works Department:

Streets 1700-53130 $ 20,000
Curbs, Gutters & Sidewalks 1700-53142 $ 10,000
Compost 4890-56030 $ 7,000
General Fund Departments:

Parks, Recreation & Neighborhoods 0100-Varies $ 50,000
Police 0100-19490 $ 20,000
Miscellaneous Funds As Needed Varies $ 10,000
CITYWIDE TOTALS Term Dates Amount
Total Amount, Year 1 10/1/24 – 9/30/25 $ 712,000
Total Amount, Year 2 10/1/25 – 9/30/26 $ 712,000
Total Amount, Year 3 10/1/26 – 9/30/27 $ 769,000
Total Amount, Year 4 10/1/27 – 9/30/28 $ 830,600
Total Amount, Year 5 10/1/28 – 9/30/29 $ 897,100
Total Not To Exceed Over 5 Years $ 3,920,700
* Fixed price years 1 and 2, and an annual 8% CPI increase in subsequent years (3, 4, 5) RECOMMENDED COMMITTEE ACTION:

Staff Recommendation:

Motion recommending the Award of Bid and Agreement for the Purchase of Rock, Sand & Gravel to West Coast Sand and Gravel, Inc. of Buena Park, CA, for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $712,000 and a total amount not to exceed $3,920,700 over five years; and forwarding to Council for approval.

Approved by:

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

1. Agreement #277417 – West Coast Sand and Gravel

2. Exhibit B, Bid Submittal – West Coast Sand and Gravel

3. Exhibit C, IFB 2324-82 – Purchase of Rock, Sand & Gravel

4. Cost Abstract, IFB 2324-82 – Purchase of Rock, Sand & Gravel #6..
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ANNUAL PURCHASE AGREEMENT NO 277417

FOR THE PURCHASE OF ROCK, SAND & GRAVEL
WEST COAST SAND AND GRAVEL, INC.

This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ________ day of _________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and West Coast Sand and Gravel, Inc., a corporation in California, hereinafter called VENDOR,
W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-______ authorizing the Award of Bid and agreement for the Purchase of Rock, Sand and Gravel on an “As Needed” basis described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and VENDOR shall enter into an agreement for the Purchase of Rock, Sand, and Gravel as described in IFB 2324-82, attached hereto as Exhibit “C” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of two (2) years with three (3) one-year extension options at the sole discretion of City, for a total of up to five (5) years.

YEAR ONE: OCTOBER 1, 2024 THROUGH SEPTEMBER 30, 2025
YEAR TWO: OCTOBER 1, 2025 THROUGH SEPTEMBER 30, 2026
YEAR THEE: OCTOBER 1, 2026 THROUGH SEPTEMBER 30, 2027
YEAR FOUR: OCTOBER 1, 2027 THROUGH SEPTEMBER 30, 2028
YEAR FIVE: OCTOBER 1, 2028 THROUGH SEPTEMBER 30, 2029
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2. PRICING:

A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $712,000. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $3,920,700.

B. Pricing during AGREEMENT year one and two shall be as set forth in Attachment A Pricing, attached hereto and made a part hereof by this reference.

C. Pricing shall remain firm for the first two (2) years of the AGREEMENT.

Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least ninety (90) days prior to the annual anniversary date of the AGREEMENT.

Cold patch price shall be tied to the Caltrans Crude Oil Price Index. Price adjustments based on asphalt oil price fluctuations may be cause to adjust prices. Pricing shall be based on Caltrans Crude Oil Price Index located at: https://dot.ca.gov/programs/construction/california-statewide-crude-oil-price-index E. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration website: https://www.eia.gov/PETROLEUM/GASDIESEL/, California data.

3. USAGE: VENDOR shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.

4. ORDERING: VENDOR shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.

5. PAYMENT: All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected]. As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY via the following payment method Net 30 terms via CITY’s ePay Program.

6. AMENDMENTS: No changes to this AGREEMENT shall be effective unless documented by a written amendment to this AGREEMENT and signed by the parties hereto with CITY represented by the Purchasing Division.
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7. TERMINATION:

A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within thirty (30) days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

B. CITY may terminate this AGREEMENT for convenience upon 30 days prior notice to VENDOR by CITY’s authorized employee.

In the event that the VENDOR fails to make prompt delivery as specified for any item, the same conditions as to the rights of the CITY to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.

Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

9. RESPONSIBILITY: Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.

10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B.

Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice.

Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.

11. CHANGES: A purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid PO. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given, therefore. #6..
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12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for ninety (90) days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.

13. INSURANCE: Any purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.

14. TAX EXEMPTIONS: The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.

15. INDEMNITIES:

A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, officials, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.

B. VENDOR shall hold the CITY and its agents, officers, officials, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of VENDOR, or its agents, officers, officials, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’s obligation to defend, indemnify, and hold the CITY, its agents, officers, officials, employees, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.

16. GOVERNING LAW: This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of law provisions or principles.

17. VENUE: Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. #6..
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19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the VENDOR’s officers, officials, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The VENDOR shall assume full responsibility for the defense of any claims arising under the Purchase Order and the VENDOR shall save, keep, and bear harmless the CITY, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it.

20. NOTICES: Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid addressed as follows:

VENDOR:

West Coast Sand and Gravel, Inc.
7312 Orangethorpe Ave.

Buena Park, CA 90621
CITY:

City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.

23. ENTIRE AGREEMENT: This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY. Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

24. PARTIAL INVALIDITY: If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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Attachment A Pricing
Item Description Unit Price Within
City Limits
Unit Price Outside
City Limits
Aggregate Base Material, 3/4",
Recycled, CalTrans Class II $21.70 $23.20
Cobblestone, 5" - 8" $41.73 $42.23
Concrete Mix, 1" x #4 Coarse
Aggregate $32.28 $33.78
Concrete Sand $30.00 $31.50
Cutback Asphalt (Cold Patch), 3/8" $119.76 $121.26
EZ-Street Patch $223.14 $224.64
Pea Gravel $31.45 $32.95
Rock, Crushed Aggregate, 3/4" $28.65 $30.15
Rock, Crushed Aggregate, 3/8” $28.65 $30.15
Rock, Fractured, 6" minus $26.43 $27.93
Rock, Trackout, 3” - 6” $26.43 $27.93
Rock, Washed Drain, 1-1/2" $32.50 $34.00
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IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT by its Director of Finance under authority of Resolution No. 2024-_______ adopted by the Council of the City of Modesto on the _____________ day of ___________________, 2024 and West Coast Sand and Gravel, Inc. has caused this Agreement to be duly executed. #6..
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1 INVITATION FOR BIDS (“IFB”) NO. 2324-82
FOR

PURCHASE OF ROCK, SAND & GRAVEL
BID OPENING: June 4, 2024 at 11:00 A.M.

CITY OF MODESTO CONTACT: Melvin Rosal, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5420
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
2 Table of Contents
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 BID FORM A – IFB ACKNOWLEDGEMENT.................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION................................................................... 20 BID FORM C – PRICING SCHEDULE.............................................................................................. 22 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS.......................... 24 BID FORM E – BIDDER CUSTOMER REFERENCES .................................................................... 25 BID FORM F – FINANCIAL INTEREST DISCLOSURE................................................................. 27 BID FORM G – SUPPORT OF LOCAL VENDORS.......................................................................... 29 BID FORM H – BIDDER COMPANY HISTORY STATEMENT .................................................... 30 BID FORM I – ADDENDA ACKNOWLEDGEMENT...................................................................... 31 BID FORM J – BIDDER WARRANTY STATEMENTS................................................................... 32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS................................................ 33 BID FORM L – SUBCONTRACTOR LIST......................................................................................... 34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 35

1.1 SCOPE OF WORK:........................................................................................................................ 35

1.4 PRODUCT SPECIFICATION: ...................................................................................................... 36

1.5 REQUIRED LICENSES:................................................................................................................ 36 SAMPLE AGREEMENT......................................................................................................................... 38 #6..
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the purchase of Rock, Sand & Gravel equipment, materials, supplies and/or related services (the “Goods”) for the City of Modesto, Utilities Department, Water Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Goods pricing herein, and not separately charged to the City). Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid.

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to June 4, 2024 at 11:00 A.M., at which time Bids will be opened, read and recorded.

The opening of bids will not be physically open to the public, but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Bids will be received only at the address shown above, and prior to the time indicated. Any Bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Bidder unopened.

All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated.

The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid.
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND, & GRAVEL
BID OPENING DATE: JUNE 4, 2024 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: DELIVER/ COURIER TO:

CITY CLERK CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600,
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #6..
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
5 CALENDAR OF EVENTS
Event Date
IFB Issued April 25, 2024
Written Questions Due via Email May 3, 2024
Addendum Issued (if required) May 10, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, June 4, 2024 Contract Award Approximately June, 2024

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #6..
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, June 4, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure. • URL:https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40threa d.v2/0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976- 189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d • Click to join the Microsoft Teams Meeting
• +1 469-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.

B. CONFIDENTIAL BIDDER INFORMATION: It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

D. BIDDER EXCEPTIONS: All exceptions taken to this IFB and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.

Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Goods required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Goods with exceptions.

E. CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS: An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be submitted to the City in the order listed (note – some forms require signature):
• Bid Form A – IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C – Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F – Financial Interest Disclosure
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
8 • Bid Form G – Support of Local Vendors
• Bid Form H – Bidder Company History Statement
• Bid Form I – Addenda Acknowledgement
• Bid Form J – Bidder Warranty Statements
• Bid Form K – Subcontractor List
Failure to furnish any of these documents may result in disqualification.

G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be deemed non-responsive.

H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Goods shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “Primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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9 • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the commodity to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

J. TERM OF CONTRACT: The term of the contract shall be for a period of two (2) years with three (3) one-year extension options at the sole discretion of City, for a total of up to five (5) years.
• Pricing shall remain firm for the first two (2) years of any contract, which may be awarded pursuant to this IFB.
• Price increases for subsequent contract years three, four and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

Cold patch price shall be tied to the Crude Oil Price Index. Price adjustments based on asphalt oil price fluctuations may be cause to adjust prices. Pricing shall be based on caltrans asphalt price index located at:

HTTPS://DOT.CA.GOV/PROGRAMS/CONSTRUCTION/CALIFORNIASTATEWIDE-CRUDE-OIL-PRICE-INDEX • Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website:

HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

K. SUPPORT OF LOCAL VENDORS: Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5%of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within #6..
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10 five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

L. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.

M. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Goods for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Goods and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Goods in accordance with the terms of any resultant agreement within the time specified therein.

N. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this #6..
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11 section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
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12 b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.
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13 Further protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

All protest appeals to the City Council shall either be delivered to:

City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy #6..
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14 City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #6..
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15 BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.

Bidder’s Bid must contain the following applicable elements completed as described more-fully herein.

The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission (please note which forms require signature):

COMPLETE BID ELEMENTS
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C – Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F – Financial Interest Disclosure
Bid Form G – Support of Local Vendors
Bid Form H – Bidder Company History Statement
Bid Form I – Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Subcontractors List
Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #6..
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16 BID FORM A – IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Bid response. Obligations assumed by such signature will include the following:

1. Preparation of Bids:
(a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid.
(b) Quote price as specified in Bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Bid: If you are not submitting a Bid but want to remain on the mailing list and receive future Bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges:
(a) Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes.
(b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment.
(d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

4. Award:
(a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid.
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17 (b) Bids are subject to acceptance by the City at any time within 60 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party.

The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.

6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.

7. Rights and Remedies of City for Default:
(a) In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items.

City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government.
(b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.
(c) The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. #6..
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18 8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30 day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.

Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Goods, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.

11. Two “Inked” Signed Original Bid Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. One additional copy and one electronic copy provided on a USB drive will accompany the “inked” originals. #6..
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19 12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

THE undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the Goods specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through K, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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20 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

E. Website Address: www.___________
F. Contact Person Details: Name:

Title:

Phone (Office):

Phone (Mobile):

Mailing Address (Street Address, City, State, Postal Code):

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):

L. City of Modesto
Business License
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21 Number (note –
provide only if
available now - - but
not required until any
contract begins):
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22 BID FORM C – PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required provision of Goods shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on Bid Form D – Bidder Exceptions, Clarifications, Amendments.

Item Description Est.

Annual
Quantity
(Tons)
Unit Price
within City
Limits
Extended
Price within
City Limits
Unit Price
outside City
Limits
Extended Price
outside City
Limits
Aggregate Base Material, 3/4",
Recycled, CalTrans Class II 22,740 $ $ $ $
Cobblestone, 5" - 8" 60 $ $ $ $
Concrete Mix, 1" x #4 Coarse
Aggregate 400 $ $ $ $
Concrete Sand 550 $ $ $ $
Cutback Asphalt (Cold Patch), 3/8" 4,400 $ $ $ $
Hydro-Patch 110 $ $ $ $
Pea Gravel 35 $ $ $ $
Rock, Crushed Aggregate, 3/4" 790 $ $ $ $
Rock, Crushed Aggregate, 3/8” 420 $ $ $ $
Rock, Fractured, 6" minus 100 $ $ $ $
Rock, Trackout, 3” - 6” 20 $ $ $ $
Rock, Washed Drain, 1-1/2" 4,000 $ $ $ $
Sub Total $ $
ePay 1% Discount if Option A - Payment Terms is selected: -$ -$ Total: $ $
Sum of Extended Pricing within and outside of City Limits $_________________ #6..
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23 Payment Terms:

Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):

Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: ___________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking () here.

The undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the Goods specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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24 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below.

Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response. Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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25 BID FORM E – BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of Goods and related services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of Goods:

Annual Contract Value $
Company Name:

Address:
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26 City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of Goods:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of Goods:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of Goods:

Annual Contract Value $
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27 BID FORM F – FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-

10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
28 Print Names of Persons Having a Financial Interest in Bidder Receiving this Contract:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
29 BID FORM G – SUPPORT OF LOCAL VENDORS
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-

3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager.

Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.

To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.

Check here:

I declare I am a local business per the above criteria
Bidder Company Name:

City of Modesto Address (Street,
City, State, Postal Code:

City of Modesto Business License
Number:

Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
30 BID FORM H – BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the Goods and related services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
31 BID FORM I – ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.

Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB, and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.

Do not attach any of the addenda to this sheet nor include them with the Bid.

If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.

But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.

The Bid is submitted with respect to the changes to the IFB included in addenda numbers:

List All Addenda Numbers, Separated by Commas
(“,”):

Bidder Company Name:
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
32 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the Goods furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the Goods and related services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
33 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience. #6..
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
34 BID FORM L – SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform.

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
35 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto requests the purchase and delivery of rock, sand and gravel for use Citywide and surrounding cities within Stanislaus County. Various departments throughout the City utilize aggregate base, cut back, fractured rock, hydro-patch, concrete mix, 3/4” crushed rock, 3/8” crushed rock, drain rock, concrete sand, cobblestone, pea gravel, and track-out rock for city-related construction projects and city road maintenance. The Water Services Division utilizes aggregate base, crushed rock and sand for various construction projects, infrastructure maintenance, capital improvement projects, backfilling and compacting holes, emergency repairs, customer water meter line repair, and main water line repairs. Conmix and base rock is utilized for providing compaction and water absorption for saturated holes. Products are purchased throughout the year on an “as needed” basis.

1.2 DELIVERY:

Location: City of Modesto and surrounding cities within Stanislaus County To be Determined at Time of Order
Days of Week: Monday through Friday (excluding holidays) Delivery Hours: 7:00 A.M. to 3:00 P.M. or as specified by Division All orders shall be placed by 8:00 A.M., Monday through Friday. All deliveries shall be made by the next business day after the order is placed, with the exception of Hydro-Patch orders [refer to 1.4(d)]. Each delivery shall include a manifest and certified weigh ticket. Each delivery shall be signed for by an approved onsite City liaison, if delivered to a specific project site. Tags without proper City signatures will not be paid. (If City forces are not present at the site when product is delivered, it will be the responsibility of the Contractor to contact the City within twenty-four (24) hours to verify delivery receiving written confirmation by City).

1.3 DELIVERY REPORT:

The successful Bidder(s) shall provide Goods delivery reports upon City request. Reports shall include all Goods delivered, quantity, agreement number, and time period of delivery. At a minimum the report shall include Goods delivered, quantity, unit price, extended price, and total price. Reports shall be delivered to the following address or alternatively as requested by the Purchasing Division via email to the City of Modesto:

City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
36 1.4 PRODUCT SPECIFICATION:

A. Aggregate Base Material, 3/4", Recycled, CalTrans Class II Product Warranty: Aggregate Base Material, 3/4", Recycled, CalTrans Class II, shall meet CalTrans Specifications 25 and 26 in all respects. If for any reason CalTrans fails the product, said product shall be picked up and replaced by the Contractor at the Contractor’s expense within twenty-four (24) hours after receipt of failed CalTrans report.

B. Cold patch price shall be tied to the CalTrans Crude Oil Price Index. Price adjustments based on asphalt oil price fluctuations may be cause to adjust prices. Pricing shall be based on CalTrans Asphalt Price Index located at: HTTPS://DOT.CA.GOV/PROGRAMS/CONSTRUCTION/CALIFORNIASTATEWIDE-CRUDE-OIL-PRICE-INDEX A thirty (30) day written notice of an adjusted price request is required. Any price adjustment shall be negotiated by the Purchasing Division. Until any change has been accepted, the Contractor must continue to accept orders at the original bid price, terms and conditions.

C. 1-½" washed drain rock shall be clean and free of visible “caked” dirt.

D. All deliveries of Hydro-Patch shall be fresh product (no more than two months old) when delivered.

E. It is the responsibility of the vendor to ensure that all products delivered to the City meet CalTrans specifications. Vendor(s) shall bear all costs associated with removing and replacing said products not meeting CalTrans specifications. No exceptions.

1.5 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.6 CONTRACTUAL CHANGES:

Changes of a contractual or business nature shall be effected only by written change to the contract by the City of Modesto, Purchasing Division.

1.7 CHARACTER OF WORKERS:

If any person employed by the Bidder fails or refuses to carry out the direction of the City Representative, or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the site on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City site.

1.8 DELAY BY THE CITY:
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INVITATION FOR BIDS # 2324-82

PURCHASE OF ROCK, SAND &
GRAVEL
37 Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Bidder to delay in the provision of Goods and related services shall be grounds for extension of time on the part of the Bidder to complete the work, but shall give the Contractor no damages for such delay. #6..
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38 SAMPLE AGREEMENT
ANNUAL PURCHASE AGREEMENT – GOODS
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called VENDOR,
W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-______ authorizing the Award of Bid and agreement for the Purchase of Rock, Sand & Gravel on an “As Needed” basis described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and VENDOR shall enter into an agreement for the Purchase of Rock, Sand & Gravel as described in IFB 2324-82, attached hereto as Exhibit “C” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. TERM OF AGREEMENT: The term of the AGREEMENT shall be for a period of two (2) years with three (3) one-year extension options at the sole discretion of City, for a total of up to five (5) years.

YEAR ONE: 2024 THROUGH 2025
YEAR TWO: 2025 THROUGH 2026
YEAR THEE: 2026 THROUGH 2027
YEAR FOUR: 2027 THROUGH 2028
YEAR FIVE: 2028 THROUGH 2029
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39 2. PRICING:

A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $_____________. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $_____________.

B. Pricing during AGREEMENT Year One and Two shall be as set forth in Attachment A Pricing, attached hereto and made a part hereof by this reference.

C. Pricing shall remain firm for the first two years of the AGREEMENT.

D. Price increases for each subsequent AGREEMENT years three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12 month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area of Modesto, California. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least 60 days prior to the annual anniversary date of the AGREEMENT.

Cold patch price shall be tied to the Caltrans Crude Oil Price Index. Price adjustments based on asphalt oil price fluctuations may be cause to adjust prices. Pricing shall be based on Caltrans Crude Oil Price Index located at: HTTPS://DOT.CA.GOV/PROGRAMS/CONSTRUCTION/CALIFORNIASTATEWIDE-CRUDE-OIL-PRICE-INDEX E. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration: Website: https://www.eia.gov/PETROLEUM/GASDIESEL/, California data.

3. USAGE: Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.

4. ORDERING: Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless otherwise specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.

A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 30 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

B. CITY may terminate this AGREEMENT for convenience upon 30 days prior notice to VENDOR by CITY’s authorized employee.

8. INSPECTION: All GOODS are subject to inspection and test by the City for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the rights to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after come due to VENDOR, or send an invoice to the VENDOR which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the CITY. In the event that the VENDOR fails to make prompt delivery as specified for any item, the same conditions as to the rights of the CITY to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

10. SHIPMENT: Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B. Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.

12. WARRANTY: Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a #6..
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41 particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.

15. INDEMNITIES:

A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.

B. VENDOR shall hold the CITY and its agents, officers, officials, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT. VENDOR’s obligation to defend, indemnify, and hold the city, its agents, officers, officials, employees, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.

19. LIMITATION OF LIABILITY: The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the Vendor’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The Vendor shall assume full responsibility for the defense of any claims arising under the Purchase Order and the Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it. #6..
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42 20. NOTICES: Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid addressed as follows:

CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Either party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

21. ASSIGNMENT: Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the City in each and every instance.

22. MISCELLANEOUS: Time is of the essence in each and every provision of this AGREEMENT.

Annual
Quantity
(Tons)
Unit Price
within City
Limits
Unit Price
outside City
Limits
Aggregate Base Material, 3/4",
Recycled, CalTrans Class II 22,740 $ $
Cobblestone, 5" - 8" 60 $ $
Concrete Mix, 1" x #4 Coarse
Aggregate 400 $ $
Concrete Sand 550 $ $
Cutback Asphalt (Cold Patch), 3/8" 4,400 $ $
Hydro-Patch 110 $ $
Pea Gravel 35 $ $
Rock, Crushed Aggregate, 3/4" 790 $ $
Rock, Crushed Aggregate, 3/8” 420 $ $
Rock, Fractured, 6" minus 100 $ $
Rock, Trackout, 3” - 6” 20 $ $
Rock, Washed Drain, 1-1/2" 4,000 $ $
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44 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT by its Director of Finance under authority of Resolution No. 2324-_______ adopted by the Council of the City of Modesto on the _____________ day of ___________________, 2024 and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, VENDOR
A municipal corporation
By: __________________________ By: _________________________________ DEANNA CHRISTENSEN, (Signature)
Director of Finance
_________________________________
(Name & Title)
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Item Desciption
Est. Annual
Quantitiy
(Tons)
Unit Price
Within City
Limits
Extended Price
Within City
Limits
Unit Price
Outside City
Limits
Extended Price
Outside City
Limits
Unit Price
Within City
Limits
Extended Price
Within City
Limits
Unit Price
Outside City
Limits
Extended Price
Outside City
Limits
Aggregate Base Material, 3/4", Recycled,
CalTrans Class II 22,740 $ 493,458.00 21.70 $ $ 23.20 $ 527,568.00 $ 828,190.80 36.42 $ $ 970,770.60 42.69 $ Cobblestone, 5" - 8" 60 $ 41.73 $ 2,503.80 $ 42.23 $ 2,533.80 $ 45.54 $ 2,732.40 $ 52.14 $ 3,128.40 Concrete Mix, 1" x #4 Coarse Aggregate 400 $ 32.28 $ 12,912.00 $ 33.78 $ 13,512.00 $ 37.28 $ 14,912.00 $ 43.55 $ 17,420.00 Concrete Sand 550 $ 30.00 $ 16,500.00 $ 31.50 $ 17,325.00 $ 37.73 $ 20,751.50 $ 44.00 $ 24,200.00 Cutback Asphalt (Cold Patch), 3/8" 4,400 $ 119.76 $ 526,944.00 $ 121.26 $ 533,544.00 No Bid No Bid No Bid No Bid Hydro-Patch 110 $ - $ - $ - $ - No Bid No Bid No Bid No Bid EZ Street Patch (Alterntive to Hydro-Patch) 110 $ 223.14 $ 24,545.40 $ 224.64 $ 24,710.40 $ - $ - $ - $ - Pea Gravel 35 $ 31.45 $ 1,100.75 $ 32.95 $ 1,153.25 $ 36.84 $ 1,289.40 $ 43.44 $ 1,520.40 Rock, Crushed Aggregate, 3/4" 790 $ 28.65 $ 22,633.50 $ 30.15 $ 23,818.50 $ 38.59 $ 30,486.10 $ 44.86 $ 35,439.40 Rock, Crushed Aggregate, 3/8” 420 $ 28.65 $ 12,033.00 $ 30.15 $ 12,633.00 $ 37.79 $ 15,871.80 $ 44.06 $ 18,505.20 Rock, Fractured, 6" minus 100 $ 26.43 $ 2,643.00 $ 27.93 $ 2,793.00 No Bid No Bid No Bid No Bid Rock, Trackout, 3” - 6” 20 $ 26.43 $ 528.60 $ 27.93 $ 558.60 $ 42.54 $ 850.80 $ 49.14 $ 982.80 Rock, Washed Drain, 1-1/2" 4,000 $ 32.50 $ 130,000.00 $ 34.00 $ 136,000.00 $ 37.91 $ 151,640.00 $ 131,120.00 32.78 $ $ 1,245,802.05 $ 1,296,149.55 $ 1,066,724.80 $ 1,203,086.80 $ (12,458.02) $ (12,961.50) $ - $ -
$1,233,344.03 $ 1,283,188.05 $ 1,066,724.80 $1,203,086.80 $ 2,516,532.08 $ 2,269,811.60
Subtotal
West Coast Sand and Gravel Inc.

Sum of extended pricing Within and Outside of City Limits ePay 1% Discount if Option A - Payment Terms is
selected
Total
Lowest and Responsible Bidder: West Coast Sand and
Gravel, Inc.

IFB 2324-82
Purchase of Rock, Sand & Gravel
Erie, PA
Green Dream International
Modesto, CA
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 5, 2024
Date: June 17, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Approval of the Southwest Modesto Plan
CONTACT: Edgar Garcia, Community Development Manager
[email protected] , 209-577-5211
DESCRIPTION:

Consider the Southwest Modesto Plan and forwarding to Council for approval. (Funding Source:

Local Early Action Planning (LEAP) Grant)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City Council’s 2020-2025 Strategic Plan, Goal C: Develop Homelessness and Housing Plan; Goal D: Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance, and sustainability; and Goal E: Drive Economic Vitality.

BACKGROUND:

In the 2020 State Budget, Governor Gavin Newsom allocated $250 million for cities, and counties to do their part by prioritizing planning activities that accelerate housing production to meet identified needs of every community. With this allocation, the California Department of Housing and Community Development (HCD) established the Local Early Action Planning (LEAP) Grant with $119 million for cities and counties. LEAP provides one-time grant funding to cities and counties to update their planning documents and implement process improvements that will facilitate the acceleration of housing production.

LEAP grants provide over-the-counter grants complemented with technical assistance to local governments for the preparation and adoption of planning documents, and process improvements that:
 Accelerate housing production
 Facilitate compliance to implement the sixth-cycle Regional Housing Needs Assessment #7..
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Economic Development Committee, August 5, 2024
Approval of the Southwest Modesto Plan

Page 2 of 4 ends

On January 27, 2020, HCD issued a Notice of Funding Availability (NOFA), as part of the Local Government Planning Support Grants Program for the LEAP Grant. On March 3, 2021, the City of Modesto was awarded $500,000 as part of the financial assistance for LEAP. In aligning with LEAP program criteria, the City utilized a portion of these funds for the development of the Southwest Modesto Plan (Plan).

The focused implementation plan for Southwest Modesto addresses all components requested in the Request for Proposals (RFP), including: a comprehensive public outreach and visioning process; recommendations for development of opportunity sites, evaluation of economic development issues in the Southwest area, an integration of City-planned physical street improvements, and the integration of County-jurisdictional “islands” into the city.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. An award of $216,000 and agreement for the development of the Southwest Modesto Plan to PlaceWorks (Berkeley, California), conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and PlaceWorks was the lowest responsive and responsible bidder.

On January 10, 2023, by Resolution 2023-07 the City approved an Agreement with PlaceWorks for the Development of the Southwest Modesto Plan in an amount not to exceed $216,000. The purpose of the Plan is to establish a vision for the future of Southwest Modesto with a focus on enhancing redevelopment conditions and opportunities, and to identify ways to realize that vision.

DISCUSSION:

The Southwest Modesto Plan serves as a blueprint for future development in Southwest Modesto.

The primary purpose of the Plan establishes a community-supported vision for the future of this area, which is focused on enhancing existing conditions, economic development, and providing affordable housing for existing and new households. The Plan provides an overview of public outreach process that created the plan, an economic opportunities assessment, a discussion of barriers to affordable housing, and recommendations for policies and actions for improvement of the Southwest Modesto Plan Area (Plan Area). The Plan is also expected to inform the City of Modesto’s Geneal Plan 2050 Comprehensive Update, which is currently underway.

The project area location boundary is generally defined as south of California State Route (SR) 132, west of SR 99, north of Tuolumne River and east of Carpenter Road. The Crows Landing Road area contains about one parcel deep on each side of the corridor from SR 99 to Whitmore Avenue. The general boundary for the Southwest Modesto Plan is included as Attachment 2.

Planning for the Southwest Modesto Plan outreach strategy began in February 2023 with the purpose of raising awareness and soliciting input about the City’s efforts to create a plan for future development in the Plan Area. The outreach strategy included the following goals:
 Ensure community engagement events are convenient in location, time and other aspects for community members to attend and should include refreshments  Partner with community leaders and organizations to spread the word, including City Councilmembers, local schools, and Community-Based Organizations (CBOs) #7..
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Economic Development Committee, August 5, 2024
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 Provide Spanish translation on all printed outreach materials and Spanish language interpretation for community workshops
As a first step in working with the community it was important to discuss the Southwest Modesto Plan with those who work there or have knowledge of the existing Southwest Modesto environment. To address this, the project team conducted a series of three virtual stakeholder meetings designed to engage a diverse range of interested parties. Meetings were held via Zoom, with the project team providing project overviews and facilitating discussions on key issues, development opportunities, and inclusive outreach strategies. All stakeholder meetings were held in March 2023 and included Community Based Organizations (CBOs), Housing and Development Organizations, and Public Agencies and Safety Providers with direct relationships within the Southwest Modesto Area.

Public workshops were also held and were designated for community members to provide input, collaborate, and share ideas to shape the development and design for the Plan Area. The project team held three in-person community workshops. Each workshop had a specific focus, the first to introduce what the Southwest Modesto Plan was and receive community input on priorities, the second to discuss economic opportunities, and the third to present the draft plan. After the Southwest Modesto Plan was drafted by our consultant, staff and Placeworks participated in three additional community meetings to present the draft plan and incorporate any additional questions or concerns the community had regarding the Southwest Modesto Plan. The community meetings where the draft plan was presented at were West Modesto Community Builders, Valley Improvement Project and South Modesto Municipal Advisory Council. Each meeting had different focuses and additional comments were incorporated into the draft plan.

PlaceWorks has finalized the Southwest Modesto Plan which is included as Attachment 1. The Plan includes the following:
 Community Identity- The Plan Area is envisioned as a great place to live, visit, shop and work. Community Members value cultural identity and the family-oriented nature of Southwest Modesto. Promoting local cultural centers within the Plan Area will continue to provide an identity to the neighborhood.
 Economic Vitality- Promote Economic Vitality by giving local residents the tools they need to get good jobs, through the use of job training and education programs. Also, connecting businesses in the region to residents in Southwest Modesto.  Community Services- The Plan Area needs improved access to a variety of community services including healthcare facilities, banks, laundry services and day care centers.

Improving access to these community services will improve the quality of life within Southwest Modesto.
 Housing- Encourage the development of affordable and new types of housing to meet the various needs of residents and prioritize improvements to existing housing without the threat of displacement of existing residents.
 Transportation and Infrastructure- Residents and visitors of all ages will be able to travel safely on foot. by bicycle, transit or car to various destinations in and around the Plan #7..
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Economic Development Committee, August 5, 2024
Approval of the Southwest Modesto Plan

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Area. Residents and Businesses in the Plan Area will be able to depend on safe and wellmaintained infrastructure, including water, wastewater, and stormwater systems.

Upon approval of the plan, the Planning Division of the Community and Economic Development Department will be responsible for providing periodic updates to the Southwest Modesto community on the progress the City is making in realizing many of the outcomes identified in the Plan.

FISCAL IMPACT:

There is no impact to the General Fund associated with the approval of the Southwest Modesto Plan.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Southwest Modesto Plan and forwarding to Council for approval.

Approved by:

Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Southwest Modesto Plan

2. Southwest Modesto Plan Area Map
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Southwest
Modesto
Plan
for the City of Modesto
Draft | May 2024
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ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE www.placeworks.com
Prepared by:
2040 Bancroft Way, Suite 400
Berkeley, California 94704
t 510.848.3815
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Southwest Modesto Plan | Draft May 2024 1
Southwest
Modesto Plan
for the city of Modesto
Draft | May 2024
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2 Southwest Modesto Plan | Draft May 2024
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Southwest Modesto Plan | Draft May 2024 3
Table of Contents

1. Introduction 5
Purpose of the Southwest Modesto Plan 6
Southwest Modesto Plan Area 6
Organization of the Plan 8

2. Community Engagement and Vision 11
Community Engagement 12
Community Vision 19

3. Existing Conditions 21
Demographics 22
Existing Land Use 27
Destinations 32
Zoning 34
Circulation 34

4. Economic Assessment 39
Business Inventory 40
Opportunities for the Plan Area 45

5. Housing Opportunities 51
New Housing Prototypes 52
Housing Plans, Policies, and Barriers 62
Plan Area Housing Recommendations 67

6. Goals and Actions 73
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CHAPTER 1 INTRODUCTION
4 Southwest Modesto Plan | Draft May 2024
Figure 1-1: Plan Areas 9
Figure 3-1: Population and Age 22
Figure 3-2: Population 25 Years and Older, by Educational Attainment 23 Figure 3-3: Household Size Distribution 25
Figure 3-4: Housing Unit Type (Percentage Share of Total) 26 Figure 3-5 City and County Lands 30
Figure 3-6: Destinations 33
Figure 3-7: Zoning 35
Table 4-1: Top Three Sectors by Number of Cumulative
Businesses in Southwest Plan Area 41
Table 4-2: Number of Businesses in Crows Landing
Corridor by NAICS Code 42
Figure 4-1: Business Size in Crows Landing 43
Figure 5-1 Selected Opportunity Sites and Similar Parcels 54 Figure 5-2 Opportunity Site A- Option 1 55
Figure 5-3 Opportunity Site A- Option 2 56
Table 5-1: Code Compliance of Prototypes for Opportunity Site A 57 Figure 5-4 Opportunity Site B- Option 1 59
Figure 5-5 Opportunity Site B- Option 2 60
Table 5-2: Code Compliance of Prototypes for Opportunity Site B 61 Figure 5-6: Proposed Zoning Changes 70
Table of Contents: Figures & Tables
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CHAPTER 1 INTRODUCTION
Southwest Modesto Plan | Draft May 2024 5
Chapter 1
Introduction
Southwest Modesto Plan | Draft May 2024 5
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CHAPTER 1 INTRODUCTION
6 Southwest Modesto Plan | Draft May 2024
network, providing regional accessibility and
ease of movement for its residents and visitors.

Key transportation routes that serve the SW Area
include two highways, SR-99 and SR-132, both
of which provide access from the northeast and
north portions of the region. These state routes
are connected to the SW Area via L Street from
SR-132, and multiple exits from SR-99, including
those at Maze Boulevard, I Street/5th Street, and
Tuolumne Boulevard. In addition to the state
routes, the SW Area is supported by a network of
primary arterial roads that facilitate convenient
east to west movement, including Paradise Road
(famous for serving as a racetrack in the movie
American Graffiti), Maze Boulevard, Tuolumne
Boulevard, and California Avenue. South and
North Carpenter Road form the western
boundary of the SW Area. The SW Area includes
a small segment of Downtown Modesto, which
is the grid of streets from 1st Street to 5th Street
in the northeast part of the area. The remainder
of the SW Area is primarily characterized by residential housing, schools, parks, and commercial corridors and contained by Tuolumne Regional
Park along the southern boundary.

Purpose of the Southwest
Modesto Plan
The Southwest Modesto Plan (Plan) will serve as
a blueprint for future development in southwest
Modesto. The primary purpose of the Plan is to
establish a community-supported vision for the
future of this area, which is focused on enhancing existing living conditions, economic development, and providing affordable housing for existing and new households. The Plan provides
an overview of the public outreach process that
created the plan, an economic opportunities
assessment, a discussion of barriers to affordable
housing, and recommendations for policies
and actions for improvement of the Southwest
Modesto Plan Area (Plan Area). The Plan is also
expected to inform the City of Modesto’s General
Plan 2050 Comprehensive Update, which is currently underway.

Southwest Modesto Plan
Area
The Plan Area is a distinct region in Modesto. The
Plan Area consists of two separate areas—the
Southwest Plan Area and the Crows Landing
Road Corridor. Figure 1-1 shows the locations of
the two planning areas.

Southwest Plan Area
The Southwest Plan Area (SW Area) is the area
whose boundaries are South Carpenter Road
to the west, State Route (SR-) 132 to the north,
SR-99 to the northeast, and the Tuolumne River
to the south and southeast, excluding any unincorporated Stanislaus County land. The SW Area benefits from a well-connected transportation
Single Family Residence in Southwest Modesto.
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CHAPTER 1 INTRODUCTION
Southwest Modesto Plan | Draft May 2024 7
Crows Landing Road Corridor
The Crows Landing Road Corridor (Crows Landing
Corridor) is the area on either side of Crows
Landing Road south of Downtown Modesto. The
Crows Landing Corridor includes parcels immediately adjacent to the east and west of Crows Landing Road, between the Crows Landing Road
exit of SR-99 and West Whitmore Avenue. The
Crows Landing Corridor includes land in the city
of Modesto and Stanislaus County.

Crows Landing Road serves as the primary north
to south arterial in the Crows Landing Corridor,
connecting at the north to Downtown Modesto.

On the southern end of the corridor, Crows
Landing Road extends through the City of Ceres.

Hatch Road, Whitmore Avenue, and a network
of other local roads connect the Crows Landing
Corridor to the surrounding neighborhoods on
either side.

Surroundings
Beyond the Plan Area’s boundaries lie a diverse
mix of urbanized areas, neighborhoods, and
agricultural lands. To the northeast of the SW
Area is Downtown Modesto, the economic heart
of the region, which connects to the SW Area via
H Street/Paradise Road. This urban center offers
a wide array of commercial, cultural, and institutional destinations. North of the Plan Area, across SR-132, is a checkerboard of City of Modesto and
Stanislaus County land, characterized primarily
St. James Orthodox Church off Maze Boulevard. Retail on both sides of Paradise Road.

Welcome Sign at Crows Landing Road and Hatch.
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CHAPTER 1 INTRODUCTION
8 Southwest Modesto Plan | Draft May 2024
by commercial and industrial development. West
of the Plan Area is Stanislaus County land, providing a rural contrast to the urban environment in the city limits. Directly south of the SW Area
is the Tuolumne River, which flows east to west,
offering a scenic backdrop and opportunities for
recreational activities and natural preservation.

Across the Tuolumne River to the south is a blend
of City land and unincorporated County land,
primarily residential neighborhoods.

The regions immediately east, west, and north of
the Crows Landing Corridor are characterized by
a mixture of residential land, primarily within the
jurisdictions of the City of Modesto and Stanislaus
County. Southeast of the Crows Landing Corridor
lies the City of Ceres, which connects the Crows
Landing Corridor to the Ceres Plaza Shopping
Center via East Hatch Road.

Organization of the Plan
The Southwest Modesto Plan is organized into six
chapters:

1. Introduction
This chapter explains the Plan’s purpose, provides
a general description of the Plan Area, and describes the Plan’s organization.

2. Community Engagement and Vision
The Plan’s extensive community outreach efforts
are described in this chapter, culminating in a
community-developed vision for the future of
the Plan Area.

3. Existing Conditions
This chapter details the Plan Area’s existing
physical and planning setting, including existing
land uses, zoning designations, and policies that
guide development in the Plan Area.

4. Economic Assessment
This chapter discusses the findings and recommendations for economic development.

5. Housing Opportunities
This chapter describes the site analysis conducted to identify housing opportunity sites and presents model housing development for
two opportunity sites in the Plan Area, with
recommendations for enabling good housing to
develop in the Plan Area.

6. Goals and Actions
The concluding chapter presents goals and
actions that will implement the Area Plan’s vision
and support future development that is consistent with the community’s vision. #7..
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Rouse Ave

6th St

4th St

Whitemore Ave
Ironside Dr
Hatch Rd
Robertson Rd
California Ave
Maze Blvd
Kansas Ave
Crows Landing Rd
River Rd
7th St
Colorado Ave Washington St
M.L.K. Dr
Emerald Ave
Sutter Ave
Ohio Ave
Carpenter Rd
Vernon Ave

Tuolumne Rd
Downey Ave
Paradise Rd

Tuo ul mne R vi er
1 32
99 99
Southwest
Modesto
Plan Area
Crows
Landing
Road
Plan
Area
City Of Modesto
Stanislaus County
Cesar
Chavez
Park
Former Modesto
Municipal Golf
Course
John
Thurman
Field
Tuolumne River
Regional Park
Modesto
Wastewater
Treatment
Robertson
Road Park
MLK Jr.

Park
James
Marshall
Park
Mark
Twain
Park
Bellenita Park
St. Stanislaus
Praish School Franklin ES
Pearson ES
Modesto HS
Marshall ES
Robertson
Road ES
Kirschen
ES
Shackelford ES
Aspire
Vanguard
College
Preparatory
Academy
Central
Catholic HS
Mark
Twain MS
Burbank ES
0 0.25mi 0.5mi
Southwest Modesto &
Crows Landing Plan Area
City of Modesto
Stanislaus County
Parks & Open Space
Schools
Figure 1-1: Plan Areas
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CHAPTER 1 INTRODUCTION
10 Southwest Modesto Plan | Draft May 2024
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Chapter 2
Community
Engagement and
Vision
Southwest Modesto Plan | Draft May 2024 11
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12 Southwest Modesto Plan | Draft May 2024
CHAPTER 2 COMMUNITY ENGAGEMENT AND VISION
Community Engagement
Planning for the Southwest Modesto Plan
outreach strategy began in February 2023 with
the purpose of raising awareness and soliciting
input about the City’s efforts to create a plan
for future development in the Plan Area. The
outreach strategy included the following goals.
■ Ensure community engagement events
are convenient in location, time, and other
aspects for community members to attend,
and should include refreshments.
■ Partner with community leaders and organizations to spread the word, including City councilmembers, local schools, and community-based organizations. ■ Provide Spanish translation on all printed
outreach materials and Spanish language interpretation for community workshops.

PlaceWorks and the City of Modesto (project
team) conducted a set of stakeholder meetings
and three community workshops to generate
interest, gather feedback, and learn about the
various neighborhoods and communities’ preferences and priorities. The project team carefully reviewed input from the community and the
stakeholders to develop the vision and recommendations for this Plan.

Stakeholder Meetings
As a first step in working with the community,
it was important to discuss the Southwest
Modesto Plan with those who work there or have
knowledge of the existing Southwest Modesto
environment. To address this, the project team
conducted a series of three virtual stakeholder
meetings designed to engage a diverse range
of interested parties. Meetings were held via
Zoom, with the project team providing project
overviews and facilitating discussions on key
issues, development opportunities, and inclusive
outreach strategies. All stakeholder meetings
were held in March 2023.

These stakeholder meetings were organized with
a project overview presentation followed by an
interactive question and answers session. These
discussions focused on critical topics such as the
existing conditions of economic development,
transportation, housing, parks/open space, and
more. In addition, stakeholders explored potential
development possibilities and challenges, highlighted potential opportunity sites, and shared ideas for involving various community groups,
including youth, disadvantaged communities,
and non-English speakers.

The first stakeholder meeting included educators and community-based organizations. Participants discussed Central Catholic High School’s enrollment growth and transportation challenges. They noted West Modesto Community Collaborative’s efforts to address transportation,
education, and community engagement. Stakeholders expressed preferences for workshop dates, meeting times, and locations, emphasizing the importance of simultaneous translation. #7..
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Southwest Modesto Plan | Draft May 2024 13
CHAPTER 2 COMMUNITY ENGAGEMENT AND VISION
King-Kennedy Memorial Center on Martin Luther
King Jr Blvd.
services, community services, and community
outreach. Participants discussed upcoming
Parks and Recreation projects, flood mitigation,
and the relocation of the sewer treatment plant.

Participants also underscored the importance of
a robust police presence and the expansion of
video policing initiatives.

Community Workshops
Public workshops are designed for community
members to provide input, collaborate, and share
ideas to shape the development and design of
the Plan Area. The project team held three community workshops at different project milestones.

Each workshop consisted of two main parts: a
comprehensive project overview presentation
and interactive small group discussions. During
these small group sessions, participants had
the opportunity to convene in smaller groups,
engaging in in-depth discussions and participating in mapping exercises to identify key areas for future development.

The second stakeholder meeting was targeted for
housing and development organizations. During
the meeting, participants highlighted the limited
financial access in Southwest Modesto and the
need to support local businesses. Addressing
housing is crucial, with interest in developing
plans for modular housing units and a goal of
retaining the local workforce in construction.

Participants also discussed the Plan Area and
expressed a desire to include areas of Modesto
south of the Plan Area, including Crows Landing
Road, in the Southwest Modesto Plan. Note: Following this meeting, the Crows Landing Corridor was added to the planning effort.

The third stakeholder meeting was held to
engage public agencies and safety providers.

Participants provided input on topics, including
parks and recreation, security and emergency
Community members during the small group
discussions.
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14 Southwest Modesto Plan | Draft May 2024
CHAPTER 2 COMMUNITY ENGAGEMENT AND VISION
Community Workshop 1
The first community workshop was held
on May 17, 2023, to introduce the Southwest Modesto Plan to the community and hear input from community members on
ideas for future development and improvements in the Plan Area. The workshop was held in person, drawing approximately 40
community members and 10 project team
members. After the project overview presentation, City staff and the project team outlined the Southwest Modesto Plan
project, covering the workshop agenda,
plan purpose, objectives, map and boundaries, relation to the General Plan, project scope, schedule, and community engagement plan.

The small group discussion portion of the
workshop asked participants to provide
their input on a variety of topics, such as
community identity, housing and commercial vision, economic development, transportation, recreation, and public
space. Community members emphasized
that Southwest Modesto is a close-knit,
family-oriented community with a significant minority population that contributes to its rich cultural diversity. Participants
highlighted the pressing need for essential
services, such as banking, medical facilities,
and childcare options in the area. Additionally, there was a strong desire for more affordable housing choices to address
housing affordability concerns. Participants expressed a need for increased job opportunities and job training programs,
including English language classes and
workforce development initiatives, to
enhance economic prospects in the comSouthwest Modesto Plan outreach materials. #7..
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Southwest Modesto Plan | Draft May 2024 15
CHAPTER 2 COMMUNITY ENGAGEMENT AND VISION
munity. Furthermore, the discussions shed light
on the necessity for improvements in pedestrian
and bicycle infrastructure, particularly along key
routes like Paradise Road and Crows Landing
Road as well as around schools. Public parks were
identified as valuable community assets, but
attendees suggested enhancing them through
increased maintenance, additional amenities,
and enhanced surveillance. Lastly, the issue of
homelessness was acknowledged as a growing
concern in Southwest Modesto, impacting the
usability of community parks and overall safety.

Participants recommended the provision of
transitional housing and wrap-around services to
address this issue effectively.

Planning Team giving the project overview
presentation.

Community Workshop 2
The second community workshop was held
on October 3, 2023, to review and discuss
economic opportunities and propose development concepts for two opportunity sites in the Southwest Modesto Plan Area and Crows
Landing Corridor. The event was held in person
at the Self-Help Federal Credit Union on Crows
Landing Road. It was attended by about 10 community members and 7 project team members.

The workshop began with a presentation about
economic and housing opportunities followed by
a question-and-answer segment.

During the small group discussions, several
recurring themes and comments emerged. Residents expressed a strong desire for affordable housing options, recognizing it as a pressing
need in their community. Gentrification and
displacement were identified as top concerns,
highlighting the importance of addressing these
issues thoughtfully. Participants also emphasized the importance of infill housing, including traditional apartments and modular homes, on
vacant or underutilized lots, along with the development of mixed-use housing. Moreover, there Planning Team and community members during
the small group discussion.
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16 Southwest Modesto Plan | Draft May 2024
CHAPTER 2 COMMUNITY ENGAGEMENT AND VISION
was consensus that higher-density housing
should be strategically located near transit corridors to enhance accessibility. To support the young population, participants called for more
workforce development programs and better
connections to job opportunities in Stanislaus
County. Additionally, there was a clear demand
for improvements in transit services, pedestrian
infrastructure, and bicycle infrastructure, particularly along Paradise Road and Crows Landing Road. Lastly, participants advocated for the
development of amenities such as healthcare
facilities, childcare facilities, and laundry services
in proximity to new housing developments, recognizing their significance in improving overall community well-being.

Community Workshop 3
On March 14, 2024, the third community
workshop was held to review and discuss recommendations, goals, and actions from the draft Southwest Modesto Plan. The event was held
in person at the West Modesto Collaborative at
the King-Kennedy Memorial Center, an excellent
meeting facility on MLK Jr. Boulevard in the heart
of the Southwest Modesto Plan Area (Plan Area).

It was attended by about 20 people, including
around 10 community members. The workshop
was held in English and Spanish and began
with a presentation summarizing all work to
date on the plan as well as goals and actions for
several topic areas, including economic, housing,
cultural, and other opportunities followed by a
question-and-answer segment.

Many questions and comments centered around
housing and cultural identity. Participants
wanted to know how the plan will incentivize new
housing, how to ensure that existing residents
will benefit from the housing, and what types of
housing are preferred. There was also discussion
about bringing more cultural events such as
poetry and art into the neighborhood.

Self Help Federal Credit Union on Crows Landing
Road.

Community members during the small group
discussion.
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Southwest Modesto Plan | Draft May 2024 17
CHAPTER 2 COMMUNITY ENGAGEMENT AND VISION
After the questions and answers, community
members were invited to visit and review four
“stations” covering different topics, each with a
facilitator from the planning team. Discussion
and comments on the topics were recorded on
notepads. The four stations were Key Destinations, Economic Assessment, Housing Opportunities, and Plan Goals. A lively discussion at each station resulted in the recording of thoughtful
comments that included the following:
■ More community services are needed—those
mentioned were grocery stores with healthy
foods, cultural centers in the neighborhoods,
and banks.
■ More opportunities for residents to participate in the economy by accessing job training, learning about financial resources,
and starting new businesses.
■ New kinds of housing to help solve pressing
housing issues that range from farmworker
housing, to housing on commercial streets,
to accessory dwelling units behind existing
houses.
■ Desire for improvement to infrastructure
like sidewalks, bicycle facilities, stormwater
solutions, and sewer hook-ups.

Participants of the March 14th workshop providing
feedback for the Southwest Modesto Plan.
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18 Southwest Modesto Plan | Draft May 2024
CHAPTER 2 COMMUNITY ENGAGEMENT AND VISION
Additional Stakeholder
Meetings
The project team conducted three additional
stakeholder meetings to gather input on the
proposed goals, policies, and actions of the Plan.

These stakeholder meetings were organized
with a project overview presentation followed
by an interactive question-and-answer session.

The discussions after the presentation focused
on critical topics such as the existing conditions
of economic development, workforce development, housing opportunities, and proposed goals, policies, and actions of the Plan.

The first additional stakeholder meeting was
with the West Modesto Community Builders
group. The meeting was held in person and virtually on Microsoft Teams, with Spanish translation provided simultaneously. Various topics were
discussed, including the housing development
options, plans for achieving workforce development, and transit service improvement goals.

The participants identified housing development
as the highest priority for the Plan Area, although
many attendees thought all four topics (housing
development, economic development, community and cultural identity, and transportation improvements) are interdependent and require
improvement together as a whole.

The second meeting was with a stakeholder
representing the Valley Improvement Project.

The presentation was followed by an informal
discussion about economic and workforce development, preserving cultural identity, improving the appearance of communities from freeways,
and attracting development of amenities such
as banks, which are currently missing in the Plan
Area.

The third additional stakeholder meeting was
held to gather input from South Modesto Municipal Advisory Council (MAC). The meeting was conducted in English and attended by five
MAC members. The presentation was followed
by a question-and-answer session. The council
members provided input on topics, including
plans for housing development along Crows
Landing Road, encouraging development of
financial institutions and banks in Southwest
Modesto, recommendations for workforce development, and improving housing supply in Plan Area.

Participants and MAC members during additional
stakeholder meeting.
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Southwest Modesto Plan | Draft May 2024 19
CHAPTER 2 COMMUNITY ENGAGEMENT AND VISION
Community Vision
Community input during the development of the Plan led to a distinct set of shared values and aspirations that the project team has assembled into the following vision statement. The Plan vision is not something that can be achieved overnight. Rather, it is a road map to a destination, one that may take years to achieve. The benefit of setting out an aspirational vision, however, is that it helps to focus on the steps required to get there. For the Plan, this vision has guided the creation of the concepts, strategies, and recommendations found in later chapters.

The Southwest Modesto Plan envisions
Southwest Modesto and the Crows
Landing Road corridor as a safe, affordable, and sustainable place to live, visit, shop, and work. It will be a place where
existing residents continue to live full and
complete lives and where new residents
are welcomed into the community.

It will be a place that values the rich cultural
makeup of the Southwest Modesto community, and celebrates art, music, poetry, food, and celebrations from many places
that mix into an inspiring whole.

Residents and visitors of all ages will have
more opportunities to enjoy an active life
through the revitalization of existing parks,
the improvement of roads and trails in
the community to encourage walking
and biking, and enhanced connections to
the regional open space at the Tuolumne
River Regional Park.
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20 Southwest Modesto Plan | Draft May 2024
CHAPTER 2 COMMUNITY ENGAGEMENT AND VISION
The Southwest Area and Crows Landing
Road corridor will have new types of
housing to meet various needs, from small
cottage home developments to multifamily housing available to singles, seniors, and others in-between.

Residents of Southwest Modesto will have
opportunities for economic betterment,
including access to good jobs, help for
starting and expanding small businesses,
and ways for residents to improve financial
stability.

The community in the Southwest and
Crows Landing Road areas will prepare
for, respond to, and recover from natural
hazards and extreme events, such as
extreme heat and flooding. There will be
measures to improve the safety of community members, including improvements to infrastructure.
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Chapter 3
Existing Conditions
Southwest Modesto Plan | Draft May 2024 21
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The assessment of existing conditions was the
first step in the Plan process. This chapter summarizes the existing conditions, including applicable zoning regulations in and surrounding the Plan Area. The chapter also discusses the housing
policies and plans relevant to the Plan.

Demographics
Population and Age
Population data from the Census Bureau indicates that the Southwest Modesto Plan Area (Plan Area), has just over 26,000 residents, which
accounts for 12 percent of the total population of
the City of Modesto (217,728 people).

The City of Modesto and Stanislaus County have
a large percentage of young population, with
50 percent of the population under the age of
34 years. (See Figure 3-1, Population and Age.)
In the Plan Area, 34 percent of the population is
under age 20, and 25 percent of the population is
between 20 and 34, which are higher percentages for these age groups than in the city or county.

About 32 percent of the Plan Area population is
between 35 and 64, while only 10 percent of the
population is over 65 years old, which is a lower
percentage for these age groups compared to
the city or county as a whole. The Plan Area has a
young population and trends even younger than
the city and county.
22 Southwest Modesto Plan | Draft May 2024
CHAPTER 3 EXISTING CONDITIONS
65 and Older
50 to 64
35 to 49
20 to 34
Less than 20
34%
0% 5% 10% 15% 20% 25% 30% 35% 40%
Southwest Modesto Modesto City Stanislaus County
Figure 3-1: Population and Age
Source: Census, ACS Data.
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Racial Composition
The Plan Area is more diverse than the City of
Modesto or Stanislaus County. Over two-thirds of
the residents of the Plan Area identify as Hispanic
or Latino (68 percent), which is significantly
higher than in the City of Modesto (39 percent) or
in Stanislaus County (46 percent). In addition, 20
percent of the residents in the Plan Area identify
as non-Hispanic white alone, which is less than
half the rate of the City of Modesto (46 percent of
residents) and Stanislaus County (43 percent of
residents).

Educational Attainment
In the Southwest Modesto Plan Area (Plan Area),
the highest level of educational attainment of
the population 25 years and older is significantly
lower than in the City of Modesto and Stanislaus
County. (See Figure 32, Population 25 Years and
Older, by Educational Attainment.) About 42
percent of the residents in the Plan Area have
less than a high school education, which is about
twice as high as the percentages of city or county
residents without a high school education. In
addition, 30 percent of residents in the Plan Area
have a high school degree or GED, and 20 percent
have some college. Only 8 percent of Plan Area
residents have an associate degree or bachelor’s
degree, compared to one-quarter of city and
county residents. The Southwest Modesto Plan
Area represents a community with significantly
lower levels of educational attainment than
the city as a whole, which creates barriers for
economic development opportunities and can
cause potential jobs-skills mismatches between
residents and available jobs.

Southwest Modesto Plan | Draft May 2024 23
Figure 3-2: Population 25 Years and Older, by Educational Attainment Source: U.S. Census Bureau, 2021 ACS 5-Year Estimates.
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Unemployment Rate
The unemployment rate for the City of Modesto
and Stanislaus County has followed the peaks
and valleys of the unemployment rate for the
State of California since 2000. However, the City
of Modesto has typically had an unemployment
rate between 1 and 3 percent higher than the
state average and is typically more susceptible to
shocks from economic recessions. The city’s unemployment rate peaked in 2010 at 18.6 percent, when the state average was 13 percent, which
also represents the largest discrepancy between
the city and state unemployment rates. Since
2020, the unemployment rate gap between
the city and state has shrunk, with the city only
averaging between 0.2 and 1 percent higher unemployment rate than the state.

Household Income Distribution
The median household income in the Southwest
Modesto Plan Area is $49,052, which is about 70
percent of the City of Modesto’s median household income ($67,011) and of Stanislaus County’s median household income ($68,368). Within
the census tracts that make up the Southwest
Modesto Plan Area, there is a wide disparity in
household income—Census Tract 15 has the
highest median income ($71,290), and Census
Tract 17 has the lowest median income ($37,553)
in the Plan Area.

The household income distribution shows
that over half of the residents in the Southwest
Modesto Plan Area (51 percent) have a household
income of less than $50,000, which is higher than
the percentage of residents of the City of Modesto
(36 percent) or Stanislaus County (36 percent).

Only 4 percent of households in the Plan Area
have an income over $150,000, compared to 14
percent of households in the city and 15 percent
of households in the county. Household income
in the Plan Area trails behind the household
income earned in other parts of the city and
county.

Household Size
The Southwest Modesto Plan Area has larger
household sizes than the City of Modesto and
Stanislaus County. (See Figure 3-3, Household
Size Distribution.) Approximately 27 percent of
households in the Southwest Modesto Plan Area
are five or more persons, compared to 16 percent
of households in the city and 18 percent in the
county. The household size that makes up the
highest distribution in the city is two-person
households, with 29 percent. This household size
makes up 28 percent of households in the county
and 22 percent of households in the Plan Area.

The households in the Southwest Modesto Plan
Area would likely need larger housing units to
support the larger household sizes in the community.
24 Southwest Modesto Plan | Draft May 2024
CHAPTER 3 EXISTING CONDITIONS
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Types of Housing Units
In the Southwest Modesto Plan Area, the City of
Modesto, and Stanislaus County, single-family
detached structures make up the majority of
housing types. (See Figure 3-4, Housing Unit Type
(Percentage Share of Total).) The Plan Area has
the highest proportion of single-family detached
units (83 percent) and single-family attached (7
percent). In the Southwest Modesto Plan Area,
only 4 percent of housing units are duplex/triplex
or quadplex units, and only 5 percent of units are
in multifamily buildings, which is less than in the
city or county. Residents of the Plan Area overwhelmingly live in single-family detached units.

As discussed later in this Plan, this limits housing
opportunities for residents in the community.

Southwest Modesto Plan | Draft May 2024 25
CHAPTER 3 EXISTING CONDITIONS
Figure 3-3: Household Size Distribution
Source: U.S. Census Bureau, 2021 ACS 5-Year Estimates.
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Housing Ownership and
Vacancy Rate
Over half of the residents of the Southwest
Modesto Plan Area (54 percent) live in rental
properties, and less than half of residents own
their housing unit (46 percent). The Plan Area
has more renters and a lower share of owner-occupied housing than the City of Modesto (56 percent owner-occupied) or Stanislaus County
(60 percent owner-occupied).

In 2021, the vacancy rates for the Southwest
Modesto Plan Area, City of Modesto, and Stanislaus County were all below 6 percent, with the City of Modesto having the lowest vacancy
rate (3.8 percent) and the Southwest Modesto
Plan Area having the highest vacancy rate (5.1
percent). Between 2011 and 2021, the vacancy
rates for all three jurisdictions declined, with the
Plan Area experiencing the highest percentage
decline in vacancy (–4.17 percent), followed by a
–4.13 percent decline for the City of Modesto and
a –3.65 percent decline for Stanislaus County.

Commuting
Over 90 percent of residents in the Southwest
Modesto Plan Area drive to work, and the majority
drive alone, which closely matches the mobility
patterns in the City of Modesto. The Plan Area
has a slightly higher carpool rate of 14 percent,
26 Southwest Modesto Plan | Draft May 2024
CHAPTER 3 EXISTING CONDITIONS
74%
13%
7% 6% 8% 10%
4% 4% 6% 5%
90%
80%
70%
83% 81%
60%
50%
40%
30%
20%
10%
0%
Single-family detached Single-family attached Duplex, Triplex, or Quadplex
Multifamily (5+ Units)
Figure 3-4: Housing Unit Type (Percentage Share of Total) Source: U.S. Census Bureau, 2021 ACS 5-Year Estimates.
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compared to 11 percent in the city. There is very
little public transit usage, cycling, or walking
to work for either the Plan Area or the City of
Modesto, and both geographies also have a low
share of work-from-home employees.

When looking at the commute patterns for the
residents of the Southwest Modesto Plan Area,
25 percent work in the City of Modesto. After
the City of Modesto, employment is scattered
among many cities in the region, with Ceres and
Stockton having the next-highest employment
for the residents of the Southwest Modesto Plan
Area at 4 percent each.1
Existing Land Use
Southwest Plan Area
The Southwest Plan Area is mostly built out with
a variety of urban land uses, as described in this
section.

Commercial Land Uses
Commercial land uses include retail stores,
markets, and restaurants. There is a limited
amount of retail in the Southwest Plan Area, and
it is mainly concentrated along Paradise Road,
with a small amount on Maze Boulevard and
Sutter Avenue. Although the amount of retail is
limited, the options for shopping at large stateor national-based retailers is even more limited.

There are no Target or Walmart stores on the
west side of State Route (SR) 99 in Modesto, and
supermarkets are limited to the Maxx Value on
Paradise Road, although there is a Cardenas
Market and Mi Tierra Supermarket on Crows
1 Data from 2016 were used to analyze commutes prior to the COVID-19 pandemic.

Landing Road. Banks and financial services are
also limited in the Plan Area.

Many of the businesses on Paradise Road are
small in scale, and some are temporary or
portable businesses like food trucks.

Neighborhood Services
Along with the somewhat limited amount and
types of retail in the Southwest Plan Area, there
is limited access to health services and financial
services. The Paradise Medical Office at the Food
Maxx Shopping Center is part of the Stanislaus
County Health Services Agency. It is centrally
Southwest Modesto Plan | Draft May 2024 27
CHAPTER 3 EXISTING CONDITIONS
Food Truck retail on Paradise Road.

Johnny’s Market on H Street in the Downtown Grid.
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located and staffed by physicians and nurse
practitioners. Another clinic is the Golden Valley
Health Center in the southern part of the Plan
Area in the Robertson Road complex. The closest
hospital with an emergency room is Doctors
Medical Center in North Modesto. Regarding financial services, there is no bank currently in the Plan Area, with a population of 26,000 people.

However, there are at least eight banks in the
downtown area.

The single-family residential neighborhoods
are filled mostly with modest one-story houses
facing local streets, with street trees providing
shade. In some areas, alleys behind the houses are
provided. The houses range in age from the 1930s
to the present day. Generally, the newer areas
have wider streets lined with two-car garages set
back from the street while the older areas have
larger trees in landscaping between the sidewalk
and the street, with single-car garages set back
behind the house.

Residential Land Uses
In the Plan Area, most of the land is occupied by
single-family residential land uses. Single-family
detached units (83 percent) and single-family
attached units (7 percent) make up the overwhelming percentage of housing in the Plan Area, higher than the share of single-family
units in the City of Modesto or Stanislaus County.

In addition, in the Plan Area, only 4 percent of
housing units are duplex/triplex/quadplex units,
and only 5 percent of units are in multifamily
buildings, which is less than the prevalence of
these units in the city or county. Most of the higher-density housing is in planned developments along Paradise Road, while medium-density
housing, such as duplexes, can be found along
Paradise Road, California Avenue, and the area
around Hammond Street.

Residence near California Avenue.

Residences along Tuolumne Boulevard.
28 Southwest Modesto Plan | Draft May 2024
CHAPTER 3 EXISTING CONDITIONS
West Modesto Community Center and Paradise
Medical Office on Paradise Road.
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The southern border of the Plan Area is the
Tuolumne River, which provides a recreation
amenity to this neighborhood and the region.

Along the river, the Tuolumne River Regional
Park (TRRP) is being built out and will cover 500
acres along seven miles of the river in Modesto
and Ceres and be the largest urban park in Stanislaus County.

According to online data, there are roughly 12
churches in the Plan Area, along with the Wat
Tepnimit Buddhist temple.

Vacant Land and County Islands
Along with these existing land uses, there are
a limited number of vacant parcels, or parcels
still being used for agricultural purposes, in the
Plan Area. Most of the larger vacant parcels are
in the county islands. County islands are areas
that are in the jurisdiction of Stanislaus County
but surrounded partially or entirely by parcels in
the jurisdiction of the City of Modesto (see Figure
3-5). This is a common feature of many communities where growth on the outskirts consisted primarily of single developments (usually subdivisions) that were annexed into the city as they were developed.

As shown on Figure 3-5, the areas remaining in
County jurisdiction are concentrated in a few
areas: in the far northeast of the Plan Area, along
the north side of Paradise Road, the area south
of Robertson Road, and the area between Sutter
Avenue and Colorado Avene. These areas are
typically missing sidewalks and streetlights, and
the streets and homes show more signs of wear
than the City areas.

Schools, Parks, and Religious
Institutions
There are 12 schools in the Southwest Plan Area,
well distributed throughout the area. There are
two high schools, Central Catholic High School
and Modesto High School, and a charter school,
Aspire Vanguard Academy. Administrative offices
for the school district are also in the Plan Area,
housed in a beautiful older school building off of
Maze Boulevard.

Parks are also well distributed throughout the
Plan Area, with five parks serving different neighborhoods throughout the area, and some larger parks along the southern edge of the Plan Area,
including Bellenita Park, the Dryden Park Golf
Course, and John Thurman Field.

Modesto High School on Paradise Road.

Modesto City Schools Administration Building on
Locust Street.

Southwest Modesto Plan | Draft May 2024 29
CHAPTER 3 EXISTING CONDITIONS
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Rouse Ave

6th St

4th St

Tuolumne Rd
Downey Ave
Paradise Rd

In general, Crows Landing Road appears to be
very active with lots of small businesses catering
to a bilingual population.

Neighborhood Services
The Self-Help Federal Credit Union has recently
opened on the northern portion of Crows Landing
Road, providing much needed financial services
to community members. Also, there appears to
be a healthy amount of small business services
on Crows Landing Road in some of the smaller
shopping centers, including bookkeeping and
tax businesses.

Although there are no health clinics on Crows
Landing Road, there is a clinic in the neighborhood to the west, the Golden Valley Health Center.

Residential Land Uses
There are no residential land uses directly on
Crows Landing Road. However, immediately
behind the parcels on both sides of Crows
Landing Road are residential neighborhoods. To
the east is the Shackleford single-family residential neighborhood in the City of Modesto, while to the west is Bret Harte, also a single-family residential neighborhood, which is on both county and city lands.

Canals and Infrastructure
There are two canals in the Plan Area. These are
controlled by Modesto Irrigation District (MID).

Lateral Number Four comes from east of SR-99
into the Plan Area north of Maze Boulevard and
splits into two canals running west and southwest
from that point. In some areas, the canals run for
long distances without street crossings, creating
separations between neighborhoods. However,
the levees alongside the canals are proposed
locations for multiuse trails in the future.

Crows Landing Corridor
Commercial Land Uses
The Crows Landing Road Corridor is a busy
commercial corridor with many low-intensity
retail uses, including gas stations, used car lots,
auto repair shops, clothing and furniture stores,
small restaurants, and fast-food restaurants. The
commercial nature of the street is enhanced by a
direct connection to SR 99. Along the street, some
of the older stores are set close to Crows Landing
Road, but the existing supermarkets and many
of the newer small shopping centers are set back
behind parking lots. The expanses of paving, long
distances, and lack of street trees for shade make
a challenging pedestrian environment.

In the north part of the corridor, properties on
the west side of Crows Landing Road historically
have had industrial uses, such as meat processing. Only a handful of these businesses remain, and there are large areas of vacant land. The City
understands there is potential along this corridor,
and opportunities are being assessed that would
support economic activity in the Crows Landing
Road Corridor.

Southwest Modesto Plan | Draft May 2024 31
CHAPTER 3 EXISTING CONDITIONS
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Schools, Parks, and Religious
Institutions
There are two schools on Crows Landing Road,
the Shackleford Elementary School, and the
Castillo Christian School.

The only park nearby is a small park many blocks
to the east, Parklawn Park. The Tuolumne River
Regional Park is close by to the northwest, but
there are not developed services on this side of
the river yet.

A variety of churches are in the two residential
neighborhoods on either side of Crows Landing
Road.

Vacant Land and County Islands
There is very little vacant land in the Crows
Landing Corridor. But some of the commercial
and industrial sites look unused with little activity,
and there are occasionally for-lease signs.

Typical of much of west Modesto, there is a
checkerboard of city lands interspersed with
county lands. Along Crows Landing Road, the jurisdiction varies greatly, with county on the west and city on the east, then flipping to county on
the east and city on the west side.

Canals and Infrastructure
The Crows Landing Corridor also includes significant physical infrastructure, such as a Turlock Irrigation District canal and high-voltage lines,
both of which cross Crows Landing Road at
Hatch Road.

Destinations
All people have daily needs that include shopping,
work, school, recreation, and entertainment. Residents in the Southwest Plan Area have access to many of these needs in the Plan Area, but many
are outside the Plan Area, in downtown or in other
parts of Modesto. We have mapped the locations
of key destinations for residents inside and
outside the Plan Area. This helps indicate which
kinds of services and destinations are lacking in
the Plan Area, to inform goals and actions that
could be considered to improve the neighborhood. See Figure 3-6 for key destinations in and near the Plan Area.

As mentioned previously, some of the missing
services highlighted by community members
include:
■ Fresh Food Markets
■ Banks and Financial Institutions
■ Library
■ Medical Facilities
32 Southwest Modesto Plan | Draft May 2024
CHAPTER 3 EXISTING CONDITIONS
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Rouse Ave

6th St

4th St

Whitemore Ave
Ironside Dr
Hatch Rd
Robertson Rd
California Ave
Maze Blvd
Kansas Ave
Crows Landing Rd
River Rd
7th St
Washington St
M.L.K. Dr
Emerald Ave
Sutter Ave
Ohio Ave
Carpenter Rd

Tuolumne Rd
Downey Ave
Paradise Rd

Hotels and motels are only allowed in commercial zones.

The residential (R-1, R-2, and R-3) and commercial
zoning districts (C-1, C-2) make up a significant
portion of the Plan Area (see Figure 3-7). In the
Plan Area, Low-Density Residential is the majority,
followed by Medium-Density, with a few areas of
Medium-High Density. Neighborhood Commercial and General Commercial zoning districts are also present in smaller concentrations, mostly
along Maze Boulevard and Paradise Road.

The blocks close to downtown are zoned for
Traditional Neighborhood Downtown and Main
Street Downtown, which provide for mediumand higher-density housing and a mix of uses to take advantage of the proximity to downtown
services, transportation, and amenities.

In the Crows Landing Corridor, zoning is mostly
Neighborhood Commercial, General Commercial, or Highway Commercial, although there are significant stretches of Heavy Industrial. There is
no residential in the Crows Landing Corridor: the
property zoned for Medium-High Density Residential is actually the Shackleford Elementary School.

The gray areas in both plan areas are Specific Plans
or Planned Development, which are projects that
have been completed and are typically residential subdivisions or commercial developments like the Food Maxx shopping center.

Circulation
Streets
The Plan Area has the classic features of a Central
Valley town, having started as a railroad station
and a set of streets parallel to the tracks. The part
of the Southwest Plan Area closest to downtown
has streets parallel to the tracks before the streets
shift and run mostly north-south.

The Plan Area can be accessed from the north via
SR-132, from the west via South Carpenter Road,
from the south via West Hatch Road, and from
the east via SR-99. Paradise Road forms the main
corridor of the Plan Area and extends diagonally
into downtown Modesto, which as mentioned
above has a street grid oriented to the railroad
tracks. All other streets in the Plan Area, except
near downtown, are oriented north-south or
east-west. The diagonal created by Paradise Road
gives it a sense of being special, but creates a set
of unorthodox intersections that are sometimes
unsafe crossings for pedestrians.

The Crows Landing Road Corridor is a major
arterial that intersects with SR-99, Hatch Road,
and Whitmore Avenue. Moving north, Crows
Landing Road crosses South 7th Street, which
connects with Downtown Modesto. Crows
Landing Road south of SR-99 has approximately
100 feet of right-of-way, including curb, gutter,
sidewalk, two travel lanes in each direction, a
center two-way turn lane or occasional fourfoot-wide raised median, and an existing Class II bicycle lane on both sides of the roadway.
34 Southwest Modesto Plan | Draft May 2024
CHAPTER 3 EXISTING CONDITIONS
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132
132
108
99 7 th S t
H St
J St
1 0 th S t
S 7th St
S Carpenter Rd
8 th S t
Needham St
B St
E Hatch Rd
1 1 th S t
G St
N 9th St
Paradise Rd.

W Hatch Rd
9 th S t S Washington St Crows Landing Rd
Kansas Ave
I St
N CarpenterRd
California Ave
Maze Blvd
W Whitmore Ave
5 th S t
4 th S t
Sutter Ave
St. Salazar
Park
Madison St
3 th S t
2 th S t
1 s t S t
Western Wy
Marshall Ave
Rouse Ave
Chicago Ave
Briggs Ave Hammond St
El Paso Ave
Crater Ave
Roselawn Ave
Colorado Ave
Leon Ave
Ironside Dr
Marin Ave
Tuolumne Blvd
Figure 2
Southwest Modesto Plan Area
and Crows Landing Road Plan
Area
City Limit
Zoning
Low Density Residential (R-1)
Medium Density Residential
(R-2)
Medium-High Density
Residential (R-3)
Specific Plan (SP)
Neighborhood Commercial
(C-1)
General Commercial (C-2)
Highway Commercial (C-3)
Commercial-Industrial (C-M)
Professional Office (P-O)
Light Industrial (M-1)
Heavy Industrial (M-2)
Central Downtown (CD)
East Neighborhood
Downtown (END)
Main Street Downtown (MSD)
Transition Downtown (TD)
Traditional Neighborhood
Downtown (TND)
Urban General Downtown
(UGD)
Planned Development
0 025 05
Tuo
ul mne
R
vi er
Southwest
Modesto
Area
Crows Landing
Road
Corridor
Figure 3-7: Zoning
132
132
108
99 7 th S t
H St
J St
1 0 th S t
S 7th St
S Carpenter Rd
8 th S t
Needham St
B St
E Hatch Rd
1 1 th S t
G St
N 9th St
Paradise Rd.

W Hatch Rd
9 th S t S Washington St Crows Landing Rd
Kansas Ave
I St
N CarpenterRd
California Ave
Maze Blvd
W Whitmore Ave
5 th S t
4 th S t
Sutter Ave
St. Salazar
Park
Madison St
3 th S t
2 th S t
1 s t S t
Western Wy
Marshall Ave
Rouse Ave
Chicago Ave
Briggs Ave Hammond St
El Paso Ave
Crater Ave
Roselawn Ave
Colorado Ave
Leon Ave
Ironside Dr
Marin Ave
Tuolumne Blvd
Figure 2
Zoning Designations within the City of Modesto
Southwest Modesto Plan Area
and Crows Landing Road Plan
Area
City Limit
Zoning
Low Density Residential (R-1)
Medium Density Residential
(R-2)
Medium-High Density
Residential (R-3)
Specific Plan (SP)
Neighborhood Commercial
(C-1)
General Commercial (C-2)
Highway Commercial (C-3)
Commercial-Industrial (C-M)
Professional Office (P-O)
Light Industrial (M-1)
Heavy Industrial (M-2)
Central Downtown (CD)
East Neighborhood
Downtown (END)
Main Street Downtown (MSD)
Transition Downtown (TD)
Traditional Neighborhood
Downtown (TND)
Urban General Downtown
(UGD)
Planned Development
0 0.25 0.5
Miles
Tuo
ul mne
R
vi er
Southwest
Modesto
Area
Crows Landing
Road
Corridor
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Transit
The Plan Area is well served by public transit to
the rest of Modesto and the county. StanRTA
(Stanislaus Regional Transit Authority) Route
21, Route 28, Route 33, and Route 47 connect to
the Downtown Transit Center. Route 21 provides
bus service along Paradise Road and travel to
and from Downtown Modesto, with stops at
Modesto High School, Burbank Elementary
School, and Robertson Road Elementary School.

Route 28 provides bus service in a loop from the
Modesto Transit Center with stops at Modesto
High School, Burbank Elementary School,
Central Catholic High School, Pearson Education
Center, and Franklin Elementary School. Route
33 travels between the Modesto Transit Center
and Modesto Junior College West with stops
at the King Kennedy Center, Mark Twain Junior
High School, and Central Catholic High School.

Route 47 travels between the Modesto Transit
Center and the Walmart in Ceres, with stops at
Modesto High School, Hatch Road and Mitchell
Road shopping, and residences.

In addition, StanRTA runs commuter buses on
Monday through Friday between the Modesto
Transit Center and the Bay Area Rapid Transit
(BART) Dublin/Pleasanton Station (1-hour 50-
minute trip), the Lathrop Altamont Corridor
Express (ACE) Station (50-minute trip), and the
Stockton Transit Center (1hour trip). As of July
2023, the BART Commuter bus now runs on the
weekends as well. The residents of the Southwest Modesto Plan Area are able to access the downtown and the greater Modesto region by
way of downtown on public transit.

Along Crows Landing Road, Modesto Area
Express (MAX)/StanRTA operates Bus Routes 29
and 42, both of which provide 30-minute service
between 6:00 a.m. and 8:00 p.m. Monday through
Saturday, and hourly service Sunday between 8:30
a.m. and 6:30 p.m. Route 29 provides service to
and from the Downtown Transportation Center
and Ceres via 9th Street and Crows Landing
Road, as far south as Hatch Road and service
east of Crows Landing Road. Route 42 provides
service between the Downtown Transportation
Center and Community Service Agency/County
Safety Center south of Whitmore Avenue at
Hackett Road, and service east and west of Crows
Landing Road.

Bicycle/Pedestrian Circulation
The Plan Area is a mostly walkable neighborhood.

The existing grid of streets creates direct pedestrian and bicycle connections in and between many of the neighborhoods. The connections
only become difficult when encountering obstacles, which have several forms:
■ Highways. Both SR-132 at the north and SR-99
at the northeast and east create significant
barriers. SR-132 travels for a long distance
without crossings. SR-99 has more crossings,
especially in the downtown area, but these
crossings have vehicles travelling at high
speed and typically have narrow sidewalks
without bike lanes.
■ Canals. The MID canals in the Plan Area take
a meandering course through the neighborhoods. They can extend for extremely long distances without crossings. However,
they also present an opportunity as there
is potential for shared-use pathways along
them.
36 Southwest Modesto Plan | Draft May 2024
CHAPTER 3 EXISTING CONDITIONS
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■ Missing sidewalks. Many streets in the Plan
Area have missing sidewalks. Most of these
are in the county islands but pedestrians don’t
differentiate between jurisdictions—they just
want a safe place to walk.
■ Paradise Road. Paradise Road cuts a diagonal
through a mostly north-south, east-west
grid of streets. This causes lots of angled
street intersections along Paradise, which
create problems for pedestrian and bicycle
crossings. Fortunately, the City is undertaking
multimodal improvements to Paradise Road.
■ Crows Landing Road. Although Crows
Landing Road has continuous sidewalks and
bicycle lanes, and even some amenities like
street trees in certain places, the pedestrian
environment leaves much to be desired. The
sidewalks are narrow, there are lots of wide
curb cuts, crossings are very wide, and most
buildings are set back behind large parking
lots, which don’t make for a pleasant environment.

As mentioned, the City has been proactive in
planning for multimodal improvements. The
City’s Non-motorized Transportation Plan is
being updated with good ideas. It is important to
the quality of life in the Plan Area to implement
the recommendations as quickly as possible.

A recent victory for the Plan Area was the opening
of the Helen White Memorial Trail running
between Maze Boulevard and California Avenue,
bordering MLK Jr. Park. This off-street, shared-use
trail is a good model for other potential trails in
the neighborhood. Another model is the Virginia
Corridor Trailway, which runs along part of the
Lateral Number Four canal near Modesto Junior
College. This is the same canal that extends into
the Southwest Plan Area, and it would be wonderful to develop a shared-use trail in the Plan Area.

Residents next to the Helen White Memorial Trail
marker. Credit: Modesto Bee.

Southwest Modesto Plan | Draft May 2024 37
CHAPTER 3 EXISTING CONDITIONS
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CHAPTER 3 EXISTING CONDITIONS
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Chapter 4
Economic
Assessment
Southwest Modesto Plan | Draft May 2024 39
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40 Southwest Modesto Plan | Draft May 2024
CHAPTER 4 ECONOMIC ASSESSMENT
An assessment of economic conditions in the
Plan Area was conducted by the planning
team. The economic development assessment
analyzed the strengths and weaknesses of the
City of Modesto and Stanislaus County. Job opportunities and regional trends in the larger city and county can support the economic mobility
of residents of the Southwest Modesto Plan Area.

Where possible, the business data were broken
out separately for the Southwest Modesto Plan
Area to understand the localized trends.

Business Inventory
Southwest Plan Area
Among the top 25 major employers in Stanislaus
County, 60 percent (15 of the 25) are in Modesto.

These employers represent food products and
manufacturers, wineries, healthcare, and government office space.1 While the City of Modesto has
the majority of the top employers in the county,
these job opportunities do not all represent “good
jobs” that allow families to make ends meet.

The economic assessment by the consultant
ECONorthwest shows that the Southwest
Modesto Plan Area generally mirrors the business
market in the city. The top three business sectors
by the count of businesses in the City of Modesto
and the Plan Area include Healthcare and Social
Assistance,2
Other Services (excluding Public
Admin), and Retail Trade. (See Table 4-1, Top
Three Sectors by Number of Cumulative Busi1 https://labormarketinfo.edd.ca.gov/majorer/countymajorer. asp?CountyCode=000099.
2 The Health Care and Social Assistance sector comprises establishments providing health care and social assistance, with the following subsectors: Ambulatory Health Care
Services, Hospitals, Nursing and Residential Care Facilities, and Social Assistance.
nesses.) Based on the cumulative number of
employees, Educational Services has the most
employees, followed by Retail Trade and then
Other Services (excluding Public Admin).3 When
looking at the Plan Area’s share of Modesto’s total
business and employee count, the Plan Area has
the largest share of the Transportation and Warehousing businesses, accounting for 9 percent of all transportation and warehousing businesses
in Modesto. The Plan Area has the highest concentration of employees in Educational Services and Arts, Entertainment, and Recreation (each
has 9 percent of all the employees in Modesto).

About 84 percent of businesses in the Plan Area
are micro-sized (less than 10 employees), which is
comparable to the business composition of the
city (82 percent micro-sized businesses).

Crows Landing Corridor
Along the Crows Landing Corridor are 187 businesses across all sectors. The Retail Trade sector has the highest concentration of businesses in
the corridor with 75 businesses, which represents
40 percent of all of the corridor’s businesses. The
Retail Trade sector represents the last step in
the distribution of merchandise, and businesses
in this sector sell small quantities to the general
public through stores and nonstore retailers
(which includes portable stalls/street vendors,
vending machines, and businesses supporting
electronic shopping and mail orders). Approximately 12 percent of businesses in this corridor fall under the Other Services (except Public Admin)
category, totaling 23 businesses. This sector rep3 Other Services includes services like equipment and machinery repairing, administering religious activities, grantmaking, advocacy, and providing dry cleaning
and laundry services, personal care services, death care services, pet care services, photofinishing services, temporary parking services, and dating services. #7..
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Southwest Modesto Plan | Draft May 2024 41
CHAPTER 4 ECONOMIC ASSESSMENT
resents services not specifically provided for elsewhere in the North American Industry Classification System (NAICS) and can include equipment and machinery repairing, administering religious
activities, grantmaking, advocacy, and providing
dry cleaning and laundry services, personal care
services, death care services, pet care services,
photofinishing services, temporary parking
services, and dating services.4 The Finance and
Insurance sector, which includes financial institutions, credit unions, insurance companies, and other companies engaged in financial transactions, has 22 businesses in this corridor.

There are 915 employees in the Crows Landing
Corridor (see Table 4-2, Businesses in Crows
Landing by NAICS Code).5 The Retail Trade sector
employs the most individuals, with 321 em4 https://www.bls.gov/iag/tgs/iag81.htm. 5 Employee count excludes 17 businesses that did not report employee information.

Southwest Modesto City of Modesto
NAICS Code NAICS Sector Name Business
Count NAICS Code NAICS Sector Name Business Count
62 Healthcare and Social
Assistance 100 62 Healthcare and Social
Assistance 3,416
81 Other Services (excl.

Public Admin) 100 44-45 Retail Trade 1,498
44-45 Retail Trade 83 81 Other Services (excl.

Public Admin) 1,320
Source: ESRI Business Analyst.

Table 4-1: Top Three Sectors by Number of Cumulative Businesses in Southwest Plan Area
ployees, followed by the Healthcare and Social
Assistance sector with 120 employees, and the
Accommodation and Food Services sector with
112 employees.

Businesses were categorized by size, based on
the following categories:
■ Micro-sized business: less than 10 employees
■ Small-sized business: 10 to 49 employees
■ Medium-sized business: 50 to 249 employees
■ Large-sized business: more than 250
employees
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42 Southwest Modesto Plan | Draft May 2024
CHAPTER 4 ECONOMIC ASSESSMENT
Two-Digit
NAICS
Code
NAICS Sector Name
Count of
Businesses
in Crows
Landing
Corridor
Sum of
Employees
in Crows
Landing
Corridor
11 Ag, Forestry, Fishing, and Hunting 0 0
21 Mining, Quarrying, Oil, and Gas 0 0
22 Utilities 0 0
23 Construction 0 0
31-33 Manufacturing 6 48
42 Wholesale Trade 7 23
44-45 Retail Trade 75 321
48-49 Transportation and Warehousing 4 54
51 Information 4 8
52 Finance and Insurance 22 51
53 Real Estate, Rental, and Leasing 5 21
54 Professional, Scientific, Technical Services 10 46
55 Management of Companies 0 0
56 Admin and Support and Waste Management Services 3 7
61 Educational Services 0 0
62 Healthcare and Social Assistance 4 120
71 Arts, Entertainment, and Recreation 3 20
72 Accommodation and Food Services 16 112
81 Other Services (excl. Public Admin) 23 82
92 Public Administration 0 0
99 Unclassified 5 0
Total Total, All Sectors 187 915
Table 4-2: Number of Businesses in Crows Landing Corridor by NAICS Code Source: ESRI Business Analyst.
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Southwest Modesto Plan | Draft May 2024 43
CHAPTER 4 ECONOMIC ASSESSMENT
There are two major institutional assets for higher
education in the nearby area.
■ Modesto Junior College is one of the oldest
community colleges in California and has two
locations in Modesto, the East Campus and
the West Campus. The West Campus is about
a mile north of the Plan Area, and the East
Campus is a half-mile northeast of the Plan
Area. Modesto Junior College offers associate
degrees and certificates and is also one of
15 community colleges in the state to offer a
baccalaureate degree.
■ California State University, Stanislaus, is in
Turlock, which is 12 miles from Modesto. The
#10 bus connects directly from the Modesto
Transit Center to Stanislaus State and takes
about 40 minutes. Stanislaus State offers 45
undergraduate programs and 14 graduate
programs across four colleges: College of
Business Administration; College of Arts,
Humanities and Social Sciences; College of
In Crows Landing, 157 of the businesses are
micro-businesses with under 10 employees, representing 92.4 percent of the businesses. There are 11 small businesses, representing 6.5 percent
of the businesses, and two medium-sized businesses, representing 1.2 percent of the businesses. There are no large-sized businesses in this corridor.6 (See Figure 4-1, Business Size in Crows
Landing.)
Education and Training
There are many institutional assets that provide
higher education, workforce development, and
vocational training in the city and county that
can serve the community of the Southwest
Modesto Plan. Modesto City Schools offer adult
education and literacy programs at Pearson Education Center Adult School, which is just north of the Southwest Modesto Plan Area on Locust
Street. Pearson Education Center offers high
school diploma courses (taught in both English
and Spanish) or English as a Second Language
classes for free. They also offer courses in welding,
certified nurse assistant, and home health aide;
these three programs all specify that students
must be able to read, write, and effectively communicate in English, and these programs take place during business days and hours. There
is also a requirement to be present 80 percent
of the time to receive five credits for a course.

Despite Pearson Education Center being 1.1 miles
from Modesto High School, it takes 28 minutes to
get there by bus (Route 26), and the bus comes
every 30 minutes.
6 There were 17 businesses that did not report employee headcount and were excluded from the business size data.

Medium business, 1% Small business, 6%
Figure 4-1: Business Size in Crows
Landing
Micro-business, 92%
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44 Southwest Modesto Plan | Draft May 2024
CHAPTER 4 ECONOMIC ASSESSMENT
Education, Kinesiology and Social Work; and
the College of Science. They have the Career
and Professional Development Center that
helps students prepare resumes and practice
interviewing, and also job and internship
support.

There are also other technical and vocational
schools in Modesto and Stanislaus County.

Pearson Education Center offers high school
diploma track classes, English as a Second
Language, and Certified Nursing Assistant
classes. Stanislaus County Workforce Development is on 12th Street in Downtown Modesto and offers workshops and other support to job
seekers.

Employment Characteristics
According to the Stanislaus 2030 Investment
Blueprint, the job growth in Stanislaus County
outpaced the national average, and the number
of jobs in Stanislaus County grew by 15.6 percent
between 2010 and 2020. Almost 75 percent of
the job growth during this time was due to local-serving activities, which outperformed the national average for local-serving activities, but
the traded sector in Stanislaus County only grew
by 15 percent, underperforming the national
average for the traded sector.

Though Stanislaus County has seen an increase
in the number of jobs, only a small fraction of
countywide jobs are categorized as “good jobs.”
Using the Brookings’ Opportunity Industries
definition, “good jobs” meet three criteria:

1. Pay a sufficient annual wage so most families
can “make ends meet” and thus ineligible for
California benefits, including SNAP, TANF, and
Medicaid. For Stanislaus County, this equates
to paying $28.58/hour.

2. Provide employer-sponsored health insurance.

3. Provide durability in job retention or leading
to another good job in the future.
“Promising jobs” do not meet all of the criteria
but provide career pathways to “good jobs,” and
“other jobs” do not qualify as either “good jobs” or
“promising jobs.” In Stanislaus County, 13 percent
of jobs are “good jobs” (24,179 jobs), 22 percent
are “promising jobs” (42,552), and 65 percent are
“other jobs” (124,204 jobs).

Business Support
There are nonprofits and community organizations that support businesses and business owners in the community. These organizations
work together to provide complementary, but
not overlapping, services to businesses. Examples
are Opportunity Stanislaus, which provides free
consulting to businesses; the Central Valley
Hispanic Chamber of Commerce, which can
provide tax and legal advice for clients; and
South Modesto Business United, which provides
business support services to interested business
owners. It is important that community partners
are trusted in South Modesto, and this is a community that still uses door-to-door information sharing. Also, it is important that information
shared with businesses is culturally appropriate.

While there are many resources and assets
available to Southwest Modesto residents, to be
successful, these may need to involve a trusted
partner in the community to make the community aware of the resources. #7..
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Southwest Modesto Plan | Draft May 2024 45
CHAPTER 4 ECONOMIC ASSESSMENT
Opportunities for the Plan
Area
There are opportunities to support economic development in the Southwest Modesto Plan Area.

The population of the Plan Area is younger than
the population of the city and county, and these
younger residents are building up their skills
and job history and could take advantage of the
training and educational opportunities to move
into “good jobs.” Modesto Junior College and
Stanislaus State offer opportunities for higher
education and are accessible by public transit.

There are vocational training and adult education
programs in addition to small business support
services. There are many existing city and county
assets for education, workforce development,
and vocational and job training, so City strategies
to increase economic opportunities for the residents of the Plan Area should focus on increasing awareness of these assets and reducing barriers
to participation.

There are also land opportunities in Stanislaus
County. Many large parcels have high development potential because they have good access to logistics, water, and power at a comparatively
low-cost rate for Northern California. There are
some opportunity sites in the Southwest Modesto
Plan Area but they are limited in scale and would
serve the community well as housing units and
neighborhood-serving retail and services for the
local community. While there is not significant
potential for large-scale employment centers in
the Plan Area, there is some potential for that in
the Crows Landing Road Corridor. In any case,
there should be a focus on connectivity between
residents of the Plan Area and employment opportunities around the region.

The following are some specific recommendations for addressing economic challenges in Southwest Modesto. For recommendations on
improving housing opportunities, see Chapter 5,
Housing Opportunities.

Workforce Development
Opportunity: The Southwest Modesto Plan Area
has a young population that is about to join or
has recently joined the workforce, and they could
benefit from the existing education and training
programs to upskill and move into “good” jobs.

Recommendations:
■ Connect residents to employers in Modesto
and Stanislaus County with workforce development programs. Collaborate with local organizations and businesses to address the
challenge of finding workforce-ready labor for
housing construction projects.
■ Assess how successful jobs programs are
at placing people into employment after
completion and use this data to improve
programs.
■ Determine why people are not accessing
these community resources. Understand and
address barriers to accessing these programs,
which may include lack of childcare, lack of
transit/transportation options, lack of flexibility with work schedule, lack of English proficiency, or inability to participate and forgo earning a wage.
■ Make grant programs or funding sources
available to provide a stipend for participation
in training programs to encourage participation so that someone does not need to choose between earning a wage and training.
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46 Southwest Modesto Plan | Draft May 2024
CHAPTER 4 ECONOMIC ASSESSMENT
Opportunity: Modesto has 15 of the top 25 largest
employers in Stanislaus County, which includes
employers from the food products industry and
manufacturers, wineries, healthcare, and government. Broader integration of these sectors in developing a pipeline of trained workers would
streamline the matching of training and upskilling with workforce needs.

Recommendations:
■ Discuss local hiring policies and ways to
provide mentorship and internship opportunities at government offices. ■ Explore partnerships with local schools that
may provide technical training to prepare
students for technical careers. Highlight
the careers and jobs that are in demand in
the region. Identify the steps for job seekers
to follow to land a “good” job, including any
training or certifications needed.
■ Attract large businesses to locate near
Southwest Modesto and Crows Landing Road
to create jobs for residents.
■ Explore partnerships between City, businesses, and nonprofit organizations to create incentives for participation in training courses, which could include a career pipeline from
training to job placement or a stipend for
training programs. The City could partner
with business sectors, local companies,
and nonprofit organizations that offer internship programs and opportunities for entrepreneurs. In addition, the City could
work with the employers to understand the
crucial skills needed and incorporate those
skills into training programs to reduce the
training burden on employers, to incentivize
employers to hire employees graduating from
the training programs.
■ Provide different options for training—not just
welding or construction. They should include
things like computing, nursing, advertising,
bookkeeping, and medical technicians.
■ Market internship or mentorship programs
with the help of radio stations and at
community events.

Business Support
Opportunity: There are many existing small
businesses and micro businesses, and people
who would like to start new businesses. Trust
is important to this community, and there may
be a lack of trust in new organizations or groups
outside of the community.

Recommendations:
■ Strengthen ways to build awareness of
existing local resources for business support.

Credit unions are a resource in Modesto, but
there may be a lack of awareness of their
services among community members. Bring
members of the business support groups to
the Southwest Modesto Plan Area to increase
awareness of opportunities.
■ Attract additional business support organizations to Southwest Modesto, ideally those that have experience with the cultural characteristics of the area. ■ Streamline the permitting processes for businesses to reduce barriers to entry for new business owners.
■ Strengthen current micro/small businesses
by providing support for them to expand, so
they can hire more.
■ Explore opportunities to create a food
incubator space in which residents could rent
stalls and share seating and kitchen facilities
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CHAPTER 4 ECONOMIC ASSESSMENT
to reduce the financial commitment involved
with starting a restaurant.
■ Partner with companies and public agencies
to utilize Southwest Modesto businesses for
catering and other service needs.
■ Explore opportunities for Southwest Modesto
businesses to permanently locate or “pop up”
at John Thurman Field.

Financial Resources
Opportunity: Access to financial resources can
encourage family saving, homeownership, and
investments in local enterprises in the community.

Recommendation:
■ Seek ways to attract a bank branch to open
in Southwest Modesto, ideally on Paradise
Road. There is no longer a bank or financial
institution in the Plan Area with a population
of just over 26,000.
■ Partner with education centers or other community-based organizations to offer financial literacy programs or workshops to bring these
resources and educational opportunities to
the Southwest Plan Area.

Paradise Road and Crows
Landing Road
For these two major corridors in the Plan Area, the
future should be focused on creating a vibrant
commercial mixed-use corridor. Both of these
corridors are the main commercial arteries for
the large residential neighborhoods adjacent to
them. The businesses, stores, and schools along
them also make them important employment
centers.

Both Paradise Road and Crows Landing Road
have studies and plans that will improve multimodal safety. The Crows Landing Corridor Study, completed in 2015, included a goal to “Support
the economy and facilitate economic development by establishing a vision for a vibrant commercial / mixed use transportation corridor, and by improving regional mobility and accessibility
for people and freight.”
Paradise Road
Opportunity: Paradise Road should be a direct,
multimodal connection from the Plan Area to
Downtown Modesto and State Route (SR) 99.

Recommendation:
■ Convert H Street and G Street back into a
two-way street pattern and focus on making
the blocks from 1st Street to 5th Street into
a pedestrian-oriented streetscape. The Paradise/H Street connection to downtown suffers from the one-way street pattern,
which shuttles cars onto parallel streets at
1st Street. Converting H Street and G Street
back to a two-way pattern would encourage
redevelopment of H Street and the potential
for a vibrant pedestrian-oriented street. This
proposal was made in the City of Modesto
Downtown Master Plan, along with ideas for
new mixed-use and missing-middle housing
infill projects. The economic development
benefit would be to better integrate the
Plan Area into downtown, making it easier
for Southwest community members to take
advantage of services and jobs in downtown.

See image of potential redevelopment on
following pages from the Downtown Master
Plan.
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CHAPTER 4 ECONOMIC ASSESSMENT
Opportunity: Paradise Road could have attractive commercial and multifamily residential development along its entire length.

Recommendations:
■ Annex existing county properties along
Paradise Road into the city. Almost the entire
north side of Paradise Road from South
Carpenter Road to Chicago Avenue is not
city land but in Stanislaus County. There are
many opportunity sites for new commercial
development or mixed-use residential along
this stretch. Some examples of underutilized
properties in the unincorporated county
include the commercial parcels on both
sides of Paradise Road from Carpenter Road
to Vernon Avenue, and on the north side
of Paradise from Beverly Drive to Mayette
Avenue. These county islands are in the city’s
sphere of influence, meaning that the City
has policies in place to eventually annex all or
some of these islands. Annexing this land into
the city, assuming infrastructure needs could
be accommodated, would make new development easier.
■ Create objective development standards for
commercial properties along Paradise Road.

Poor building maintenance; lack of consistency in signage, parking, and landscape; and a feeling of haphazard development makes
parts of Paradise Road unsightly. Development standards, developed with community input, can make the corridor more attractive with some simple measures, such as requiring parking areas to be on the side or
rear of buildings, limiting on the number and
type of temporary signs, and standards for
landscaping and lighting.
■ Facilitate the process to assemble lots, so that
it is easier for a developer to find a lot with
sufficient acreage for new development.
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CHAPTER 4 ECONOMIC ASSESSMENT
Crows Landing Road
Opportunity: Proximity and access to major
employment centers, including industrial uses to
the east and south and Downtown Modesto to
the north makes Crows Landing Road a potential
employment hub. Improving the appearance of
the corridor will make it easier to attract businesses.

Recommendations:
■ Attract new businesses to locate on larger
parcels along Crows Landing Road. Even
though the location is close to Downtown
Modesto, it feels separate due to the dual
barriers of SR-99 and the Tuolumne River.

However, there are large vacant parcels in the
north part of the corridor that could attract
new business or potentially mixed-use residential development. For example, there could be opportunities for medical offices
in this corridor. The community mentioned
there is a need for more healthcare services
and there are no clinics and only one small
pharmacy on the corridor.
■ Improve the appearance of the corridor. Even
though Crows Landing Road is a lively business
corridor, the appearance of the street does
not attract new businesses to locate there.

Too many businesses and shopping center
buildings are set back behind large parking
lots or turn their back to the street. For parcels
that are not vacant, the lot coverage is low
and there are many underutilized lots. Similar
to Paradise Road, development standards
should be created to ensure that the corridor
lives up to its potential.
■ Annex county land along Crows Landing
Road into the city to provide opportunities for
improved infrastructure and a more consistent street.
■ Relocate industrial uses. There is a mix of
uses along Crows Landing Road, including
low-intensity and industrial uses, like auto
sales, food processing, and others. The part
of the corridor above Hatch Road has smaller
parcels that are not as well suited for industry
but could be used for more attractive uses,
like offices or mixed-use development. If
some industrial uses were relocated to the
southern portion of Crows Landing Road, it
could open opportunities for redevelopment
of the parcels in the northern portion.
■ Improve experiences for pedestrians, bicyclists, and transit users along Crows Landing Road. Focus on completing sidewalks, new
crosswalks, and shade trees to encourage
pedestrian activity. Improve the comfort and
safety of riding a bicycle by adding dedicated
bike lanes. Improve the experience of riding a
bus by adding bus shelters with shade.
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Chapter 5
Housing
Opportunities
Southwest Modesto Plan | Draft May 2024 51
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52 Southwest Modesto Plan | Draft May 2024
CHAPTER 5 HOUSING OPPORTUNITIES
The Southwest Modesto Plan is focused on providing housing opportunities in the Plan Area.

There is an affordable housing crisis in California,
including Modesto, and a range of solutions need
to be considered to encourage new housing to
be built while maintaining or improving existing
housing resources. As noted in Chapter 2, Community Engagement and Vision, housing development was identified at stakeholder meetings as one of the top priorities for the Plan Area.

As mentioned in the existing conditions summary
in Chapter 3, both the Southwest Plan Area and
the Crows Canyon Corridor are mostly built out
with a variety of urban land uses, which calls for
creative solutions to provide new housing.

The Southwest Plan Area has just over 26,000
residents, which accounts for 12 percent of the
total population of Modesto (217,728 people). It
contains 10 percent of all the housing units in the
city. Single-family detached units (83 percent)
and single-family attached units (7 percent)
make up the largest percentage of housing in
the Plan Area, which is higher than the share of
single-family units in the City of Modesto or Stanislaus County. In addition, in the Southwest Plan Area, only 4 percent of housing units are duplex/
triplex/quadplex units, and only 5 percent of units
are in multifamily buildings, which is less than
the prevalence of these units in the city or county.

Residents of the Plan Area overwhelmingly live
in single-family detached units, which is a good
housing type for families, but is more expensive
than multifamily housing. As we seek to provide
lower-cost housing, duplex to multifamily
housing types should be part of the solution.

The Crows Landing Road Corridor is primarily a
commercial corridor with many low-intensity
commercial uses, including gas stations, used
car lots, auto repair shops, clothing and furniture stores, small restaurants, and fast-food restaurants. The corridor also includes significant
physical infrastructure, such as a Turlock Irrigation District canal and high-voltage lines, both of which cross Crows Landing Road at Hatch Road.

Currently, there are no residential uses fronting
Crows Landing Road but many residential uses
to the west and northeast. There is potential to
develop new mixed-use and multifamily housing
along this corridor, which would provide new
housing options and bring more residents who
would help support the businesses along Crows
Landing Road.

New Housing Prototypes
The planning team wanted to test existing
properties in the Plan Area to see what type of
housing would be appropriate to build there.

We attempted to design housing ideas, or prototypes, that would be moderate in cost to build, that would fit the character of the neighborhood,
and that would provide a relatively high number
of housing units to better address the need for
housing. As we developed the prototypes, we
discussed them with community members in
a workshop to ensure that we addressed the
hopes and concerns of residents. The prototypes
we developed and describe below are not actual
development projects; they are only to inform
potential changes to policy and regulations to
enhance the development of housing in Southwest Modesto. #7..
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CHAPTER 5 HOUSING OPPORTUNITIES
Review of Opportunity Sites
To select opportunity sites, all properties in the
Plan Area were analyzed using geographic information system (GIS) tools. We focused on finding properties that were similar in size to many other
properties in the Plan Area. We also wanted to
find two properties—one in a residential neighborhood and one on a commercial street—to explore the widest range of opportunities to
create new housing.

As a result, two opportunity sites were identified
for preparing development concepts. The first
site (Opportunity Site A) is at the intersection of
Madison Street and California Avenue in a residential area, and the second site (Opportunity Site B) is at the Crows Landing Road and Hatch
Road intersection and is a commercial property.
(See Figure 5-1, Selected Opportunity Sites.)
Figure 5-1 also shows all parcels in the Plan Area
that are similar in size to each of the opportunity
sites, which were identified using GIS tools. Many
of these similar-sized parcels may be additional
opportunity sites for new housing using the
concepts described below as a model. Figure
5-1 shows the two prototype opportunity sites
in a solid color, and other similar-sized parcels
throughout the Plan Area as outlines in the same
color. Note that the purple outlines showing residential properties are distributed throughout the Southwest Plan Area, including in the unincorporated county, and the orange outlines showing commercial properties are along four commercial corridors: Crows Landing Road, Paradise Road, Maze Boulevard, and Sutter Avenue.

Opportunity Site A: Madison
Street and California Avenue
This opportunity site is an assembly of two lots or
parcels at the corner of Madison Street and California Avenue with a total area of approximately

0.32 acres. The site is currently mostly vacant and
is designated for medium-density residential
(R-2) uses as per the City’s Zoning Ordinance. The
site is surrounded by existing single-family residences and presents a good opportunity for infill development. The planning team prepared two
development options for this site to illustrate different types of housing that could be potentially built after combining the two lots. Note that this
is not a real project; no development is currently
proposed, and it is presented here only to test
feasibility.

A.1 Development Option 1
The development concept for Option 1 shows
four housing units on a 0.32-acre site, which
are made up of two single-story units and one
stacked duplex. Each unit is about 1,200 square
feet, large enough for three bedrooms, and
has its own individual entry porch. There are
six parking spaces provided for four residential
units, accessed from the alley. The concept also
features a common outdoor gathering space
along Madison Street for all the units. Remaining
areas of the site would be dedicated to landscaping and trees. The housing density for this option is 12.5 dwelling units per acre. Figure 5-2 shows
a three-dimensional model of this development
concept.
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54 Southwest Modesto Plan | Draft May 2024
CHAPTER 5 HOUSING OPPORTUNITIES
A
B

Rouse Ave

6th St

4th St

Whitemore Ave
Ironside Dr
Hatch Rd
Robertson Rd
California Ave
Maze Blvd
Kansas Ave
Crows Landing Rd
River Rd
7th St
Washington St
M.L.K. Dr
Emerald Ave
Sutter Ave
Ohio Ave
Carpenter Rd

Tuolumne Rd
Downey Ave
Paradise Rd

Tuo ul mne R vi er
1 32
99 99
Southwest
Modesto
Plan Area
Crows
Landing
Road
Plan
Area
City Of Modesto
Stanislaus County
0 0.25mi 0.5mi
Southwest Modesto &
Crows Landing Plan Area
Opportunity Site A
(Madison St & California Ave)
Residential Parcels similar in
size to Opportunity Site A
(0.26 - 0.32 acres)
City of Modesto
Stanislaus County
A
Opportunity Site B
(Madison St & California Ave)
Parcels on Commercial
Corridors similar in size to
Opportunity Site B (<1 acre)
Parcels on Commercial
Corridors similar in size to
Opportunity Site B (>1 acre)
B
Figure 5-1 Selected Opportunity Sites and Similar Parcels #7..
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CHAPTER 5 HOUSING OPPORTUNITIES
Duplex building with two units.

Stacked Duplex
Gathering Space
Existing Trees
New Trees
Residential Parking
S Madison St
Alley
California Ave
Figure 5-2 Opportunity Site A- Option 1Opportunity Site A- Option 1 #7.. - 556 -
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CHAPTER 5 HOUSING OPPORTUNITIES
A.2 Development Option 2
The development concept for Option 2 shows
eight housing units in a two-story building, with
frontages along Madison Street and California
Avenue. The building contains four units per floor,
and each unit is about 800 square feet, large
enough for one or two bedrooms. There could
also be a mix of unit sizes. Ground-level units
are accessible via entry porches along Madison
Street. Units on the second floor can be accessed
from the back of the building, using a staircase
with a direct pathway to California Avenue. The
concept provides 11 parking spaces for residential
units, which can be accessed from the alley. A
proposed common open space area is accessible
Small apartment on corner lot.
8 units total (4 units per floor)
Common Open Space
Private Open Space
Existing Trees
New Trees
Residential Parking
S Madison St
Alley
California Ave
Figure 5-3 Opportunity Site A- Option 2Opportunity Site A- Option 2 #7.. - 557 -
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CHAPTER 5 HOUSING OPPORTUNITIES
from Madison Street, which would be enhanced
with on-site landscaping and street trees along
the sidewalk. The housing density for this option
is 25 dwelling units to the acre. Figure 5-3 shows
a three-dimensional model of this development
concept.

Proposed
Development
Opportunity Site A,
Option 1
Opportunity Site A,
Option 2
Location California Avenue and Madison Street
Area (square feet
[sq ft])(acre) 100 ft x 140 ft; 14,000 sq ft; 0.32 acres Zoning Medium-Density Residential (R-2)
Density
4 units; 12.5 dwelling units (du)/acre
R-2 Zoning allows medium-density
residential at 11 to 14.5 du/acre
8 units, 25 du/acre
R-2 Zoning allows medium-density
residential at 11 to 14.5 du/acre
Lot Coverage
About 31%. Note: Allowable lot
coverage is max. 60%
About 28%. Note: Allowable lot
coverage is max. 60%
Setbacks
Front & Side Street: 15 feet (porch is
within side street setback)
Rear setback for parking accessible
from alley: 5 feet
The Code requires min. 15 feet front/
street-side setback, rear setback of 5
feet for parking, and side setback of
5 feet.

Front & Side Street: 15 feet (porch is
within side street setback)
Rear setback for parking accessible
from alley: 5 feet
The Code requires min. 15 feet front/
street side setback, rear setback of 5
feet for parking, and side setback of
5 feet.

Proposed Parking
Spaces

1.5 spaces per unit
Code requires 2 parking spaces/unit
for 2BR or more units, which is 8
spaces. The current concept shows 6
parking spaces. Code also requires 1
guest parking space per 4 units.
1 parking space per unit
Code requires 1 parking space/unit
for Studio and 1BR units, which is 8
parking spaces. Code also requires 1
guest parking space per 4 units.

Code Compliance
The following table shows data for each option,
with existing regulations shown in blue text.

Where existing regulations are not met, text is
shown red.

Table 5-1: Code Compliance of Prototypes for Opportunity Site A #7..
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CHAPTER 5 HOUSING OPPORTUNITIES
Opportunity Site B: Crows
Landing Road at Hatch Road
This opportunity site is at the intersection of Crows
Landing Road and Hatch Road, with an area of
approximately one acre. The site is accessed from
Crows Landing Road and Rio Grande Avenue. An
existing Turlock Irrigation District canal, between
the site and East Hatch Road, forms the southern
boundary of the site. A variety of commercial
uses are seen on the west (across Crows Landing
Road) and north side of the site. The east side of
the site has existing residential uses, except the
lot immediately adjacent to the site, which is
currently vacant.

The site is designated for general commercial
(C-2) uses per the City’s Zoning Ordinance. A
portion of the site immediately adjacent to Crows
Landing Road is currently occupied by a surface
parking lot and a single-story commercial
building housing a barber shop, florist, cell phone
store, and tax services office. The rear portion of
the site, as you move away from Crows Landing
Road, contains an auto-repair and towing services
office and a large area dedicated to automobile
storage or parking, enclosed by a fence.

The planning team prepared two development
options for this site to demonstrate different
types of housing that could be potentially built
on a commercial site. There are some specific
aspects to this site that we had to accommodate:
notably, the presence of the TID canal between
the property and Hatch Road. This prevented
the projects from facing onto Hatch with direct
access. For this reason, in both options, there is
extensive landscaping along the canal.

Note that this is not a real project; no development is currently proposed, and it is presented here only to test feasibility.

Considering the existing pattern of commercial
uses along Crows Landing Road, the proposed
development concepts show a mixed-use type
of development for this site. The planning team
prepared two development options for this site
to illustrate different configurations of mixed-use
development.

B.1 Development Option 1
The development concept for Option 1 shows a
U-shaped, two-story mixed-use building at the
corner of Crows Landing Road and Rio Grande
Avenue containing 3,000 square feet of retail
space on ground level and a total of 23 apartments.

Each apartment is about 800 square feet, which
can accommodate two bedrooms. Common
open space is provided for residential uses in the
center of the building. The rear portion of the site
contains separate residential and retail parking
areas, accessible from Rio Grande Avenue. There
are 23 residential parking stalls and 11 spaces
for retail users. The development concept also
proposes landscaped setbacks between the
residential uses on the east and the irrigation
canal on the south side of the site that will serve
as a buffer. Figure 5-4 shows a three-dimensional
model of this development concept.
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CHAPTER 5 HOUSING OPPORTUNITIES
Garden apartment facing street.

B.2 Development Option 2
The development concept for Option 2 provides
a combination of mixed-use development and
townhome type of housing. The portion of the
site immediately adjacent to Crows Landing
Road shows a three-story mixed-use building
composed of 2,000 square feet of retail at the
corner of Crows Landing Road and Rio Grande
Avenue, and a total of 15 flats on the ground and
upper floors. Each flat is about 800 square feet
in size, which can accommodate two bedrooms.

This option provides 15 parking stalls for residential (flats) and 9 parking stalls for retail use. In Rio Grande Ave
Existing Canal
Hatch Rd
Crows Landing Rd
Common Open Space
Residential Parking
Retail Parking
23 units total
Ground Floor Retail
Existing Trees
New Trees
Opportunity Site B- Option 1 Figure 5-4 Opportunity Site B- Option 1 #7..
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CHAPTER 5 HOUSING OPPORTUNITIES
addition, a total of 14 three-story townhomes are
proposed on the rear portion of the site accessible from Rio Grande Avenue. Each townhome has an area of 1,200 square feet and a two-car
garage on the ground floor. Figure 5-5 shows a
three-dimensional model of this development
concept.

Townhomes facing street with entries.

Rio Grande Ave
Existing Canal
Hatch Rd
Crows Landing Rd
Existing Trees
New Trees
Residential Parking
Retail Parking
Ground Floor Retail
Residential Amenity Space
Townhomes
Opportunity Site B- Option 2 Figure 5-5 Opportunity Site B- Option 2 #7..
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CHAPTER 5 HOUSING OPPORTUNITIES
Code Compliance of Prototypes
The following table shows data for each option,
with existing regulations shown in blue text.

Where existing regulations are not met, text is
shown red.

Proposed
Development
Opportunity Site B,
Option 1
Opportunity Site B,
Option 2
Location Crows Landing Road and Hatch Road
Area (square feet [sq
ft])(acre) 276 ft x 165 ft; 45,540 sq ft; 1 acre
Zoning General Commercial (C-2)
Density
23 units with 3,000 sq ft retail; 23
dwelling unit (du)/acre
C-2 allows multifamily residential
with a use permit, allowable
density not specified in Code.
15 units with 2,400 sq ft retail in front: 14
townhomes in rear; 29 du/acre
C-2 allows multifamily residential with a
use permit, allowable density not specified in Code.

Lot Coverage
About 30%
Note: Allowable coverage not
specified in Code.

About 32%
Note: Allowable coverage not specified in
Code.

Setbacks
10 ft setback from front and street
side, 100 ft setback from rear.

The Code requires min. 10 ft front
and street side setback. A min. 20
ft rear setback is required for a
2-story building next to residential.
10 ft setback from front and street side, 30
feet setback from rear.

The Code requires min. 10 ft front and
street side setback. A min. 50 ft rear
setback is required for 3-story building
next to residential.

Proposed Parking
Spaces
1 space per unit; 1 space per 272 sf of
retail
Code requires 2 spaces/unit for 2BR
units or more; 1 space per 300 sq ft
of retail.
1 space per unit for apartments; 2 spaces
per unit for townhomes; 1 space per 266 sf
of retail
Code requires 2 spaces/unit for 2BR units
or more; 1 space per 300 sq ft of retail.

Table 5-2: Code Compliance of Prototypes for Opportunity Site B #7..
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CHAPTER 5 HOUSING OPPORTUNITIES
Housing Plans, Policies,
and Barriers
Existing housing policies for the city and county
were reviewed with a focus on how they address
the vision and goals community members have
for the Plan Area. This section describes the
findings and discusses barriers to achieve new
housing. Recommendations for overcoming
these barriers are in the Plan Area Housing Recommendations section.

Housing Plans and Policies
Modesto 6th Cycle Housing Element Update
(Draft)
The City of Modesto General Plan is a comprehensive framework for the county’s development and protection of its natural and cultural resources. The 2023-2031 Housing Element is a required element of the City’s General Plan. State housing
element law mandates that Modesto update its
Housing Element every eight years.

As noted in Program E-1 of the Housing Element,
the City is contributing to community revitalization and improved quality of life by developing plans to identify necessary improvements in
southwest Modesto and downtown through
the Urban Planning and Project Management
Support Project to develop housing downtown
and on the municipal golf course.

As noted in Program E-2 of the Housing Element,
the City is pursuing place-based improvements
in the islands of unincorporated county land
around the Plan Area in southern Modesto.

The Housing Element includes the following
goals and policies related to the Southwest
Modesto Plan Area:
■ Goal 1: Provide adequate residential sites
to accommodate projected housing needs
and encourage the production of a variety of
housing types.
● Policy 1.1. Encourage the provision of a
variety of housing options for residents.
● Policy 1.2. Strive to ensure adequate
land is available at a range of densities to
accommodate the existing and projected
housing needs.
● Policy 1.3. Facilitate the development of
accessory dwelling units (ADUs) as an affordable housing alternative and an option for increased housing choice throughout
the City.
● Policy 1.4. Facilitate the development of
entry-level housing as well as “step-up”
housing and encourage a range of housing
types to be constructed in subdivisions
and large developments.
■ Goal 2: Provide a broad range of housing
opportunities to meet the needs of all
income levels, with emphasis on providing
housing that meets the special needs of the
community.
● Policy 2.1. Establish and/or support
programs to supply below market-rate
housing for extremely low-, very low-, low-,
and moderate-income households.
● Policy 2.2. Provide financial incentives
such as fee deferrals and exemptions for
developments meeting affordable and
special housing needs of the community.
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CHAPTER 5 HOUSING OPPORTUNITIES
● Policy 2.3. Promote the development of
affordable housing throughout the community and facilitate the development of housing for the unmet needs of lower-income special needs groups, including people with disabilities, elderly, homeless,
and large families.
● Policy 2.4. Encourage the development of
workforce housing.
■ Goal 3: Reduce or remove governmental constraints to the development, improvement, and maintenance of housing where feasible
and legally permissible.
● Policy 3.1. Establish and maintain development standards that support housing production and protect quality of life goals.
● Policy 3.2. Ensure that land use regulations, including zoning, subdivision, and permitting processes, are consistent with
and supportive of state and federal laws.
● Policy 3.3. Review local regulations and
fees periodically to ensure that they do
not unduly constrain the production of
housing.
■ Goal 4: Maintain and conserve the existing
housing stock in a sound, safe, and sanitary
condition.
● Policy 4.1. Monitor and maintain the
supply of safe and decent affordable
housing in the City to ensure that it remains
affordable, through the conservation and
rehabilitation of the City’s existing housing
stock.
● Policy 4.2. Focus the use of City resources
for housing rehabilitation and assisted
housing on those neighborhoods having
the greatest need for housing assistance.
● Policy 4.3. Encourage the development
and rehabilitation of housing that is accessible to persons with disabilities. ■ Goal 5: Ensure the provision of adequate
housing for all persons regardless of income,
age, sex, race, or ethnic background, consistent with the Fair Housing Act. ● Policy 5.1. Promote equal opportunities
for all residents to live in the housing of
their choice by committing to fair housing
practices.
● Policy 5.2. Ensure fair housing for all City
residents regardless of age, sex, religion,
ancestry, marital status, family status,
income or source of income, race, national
origin, sexual orientation, or disabilities.
● Policy 5.3. Increase accessibility of
planning documents and meetings by
including materials and presentations in
multiple languages and offering meetings
at multiple times and in various areas of
the City.

Stanislaus County 6th Cycle Housing
Element Update (Draft)
As mentioned previously, there is a patchwork
of unincorporated county land in the Plan Area.

These islands include the unincorporated communities of Rouse and West Modesto. The existing roadway network, infrastructure systems, and
other community facilities are linked together to
form one community, split between incorporated
and unincorporated parcels.
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CHAPTER 5 HOUSING OPPORTUNITIES
While Stanislaus County plans and policies do
not directly affect the Southwest Plan Area itself,
these islands are in the city’s sphere of influence.

The City has policies in place to eventually annex
all or part of these islands. Because the time
frame for these annexations is not yet known, the
County’s goals and policies have been included
that will guide residential development on
parcels that may be included in the Plan Area
during the current (or future) Housing Element
cycle.

The City provides domestic water and some
sewer service to a portion of the unincorporated
area west of downtown. The County, in partnership with the City of Modesto, is extending sewer service to the Spencer/Marshall and Rouse/
Colorado neighborhoods, which are currently
served by septic systems, by the end of 2026.

Water is provided by the Crows Landing Community Services District, and sewage is handled by individual septic systems. Due to the age and
limited capacity of the existing water system and
the lack of adequate sewer service for additional
multifamily development in Crows Landing,
no sites were proposed for rezoning. In total,
five parcels capable of accommodating five
above-moderate units were identified.

Key Housing Element goals and policies related
to the Plan Area include:
■ Goal 1: Conserve and enhance the existing
housing opportunities, viable housing stock,
and neighborhoods in Stanislaus County.
● 1A Support Safe and Livable Housing.

The County shall support code enforcement efforts in responding to complaints and ensuring that existing housing meets
adopted code requirements that set forth
acceptable health and safety standards for
residential units, as the County is required
to enforce existing housing and building
codes.
● 1B Support the Preservation of Existing
Single-Family Housing Occupied by
Lower-income Households. The County
shall preserve the existing single-family
housing stock occupied by lower-income
households by providing rehabilitation assistance for single-family, owner-occupied units, including manufactured homes and
mobile homes.
● 1C Provide Residential Rehabilitation
Opportunities. The County will partner
with public and private agencies to provide
funding support for residential rehabilitation programs to improve housing quality and conditions, ensuring the safety, habitability, and enhanced living standards for lower-income households.
● 1D Preserve At-Risk Units and Naturally Occurring Affordable Housing.

The County will seek to avoid the loss of
publicly assisted affordable housing units
and/or housing units occupied by lower-income households and the resulting displacement of low-income residents by
providing funds, as available, to nonprofit
developers to be used for the acquisition of
subsidized housing developments at risk
of converting to market rate units.
● 1E Code Compliance. The County shall
continue to encourage the rehabilitation
of substandard residential properties by
homeowners and landlords by responding
to citizen complaints regarding potential
code violations and referring residents to
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CHAPTER 5 HOUSING OPPORTUNITIES
appropriate resources, as the County is
required to enforce existing housing and
building codes.
■ Goal 2: Assist in the development of housing
affordable to lower and moderate-income
households.
● 2F RHNA Transfer. The County shall seek
to negotiate agreements with any city proposing to annex land utilized by the County to meet its RHNA obligations to transfer
a share of the StanCOG RHNA from the
unincorporated area to the annexing city.
■ Goal 3: Increase housing production by
providing adequate sites for a variety of
housing types and removing constraints to
residential development.
● 3F Facilitate Infill Development. The County
shall utilize infill development strategies
to further develop and improve existing
neighborhoods with the infrastructure to
serve new development.
● 3N Infrastructure Development. The
County shall continue to utilize its HUD
CDBG funding allocation, and seek new
funding, for infrastructure needed to
upgrade existing areas as a means of
preserving existing housing units and to
accommodate new housing uses.
● 3O Development within Cities. The
County will continue to work with cities
to leverage available funding for the development of affordable housing projects throughout Stanislaus County.

Senate Bill 9
Senate Bill (SB) 9 provides new opportunities to
create lots and add homes in existing neighborhoods that have a single-family residential land pattern, such as in the Southwest Plan Area.

Jurisdictions must allow up to two lots (and up to
four homes total) within single-family residential
zones without any discretionary review (such as
a Conditional Use Permit) or public hearing. This
means that if the development meets specific
criteria, the respective jurisdictions must approve
through a ministerial review process:
■ Two attached or detached homes on a parcel
in a single-family residential zone; and/or
■ Subdividing one lot into two lots in a single-family residential zone and permitting up to two homes on each of these two lots (four
total homes on what was a lot with only one
home).

The law is State mandated and applies to all
jurisdictions in California, including the City of
Modesto. SB 9 only applies to single-family residential zones. With this law, jurisdictions can no longer prohibit the construction of two homes
of at least 800 square feet on any lot zoned for
single-family homes, provided the proposal
meets other location criteria mentioned in SB 9
regulations.

Accessory Dwelling Units
The extremely high percentage of single-family
residences in the Southwest Plan Area means
there is a need for creative ways to increase
housing opportunities in that context. Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) are detached or attached
dwelling units that provide complete independent living facilities for one or more persons and are on a lot with a proposed or existing primary
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CHAPTER 5 HOUSING OPPORTUNITIES
residence. ADUs provide additional housing opportunities for people of all ages and economic levels and have become an important method
for providing affordable housing in single-family
neighborhoods.

The City of Modesto allows and regulates ADUs
and JADUs in Section 10-4.115, Accessory Dwelling
Units, in Chapter 4, Development Standards, of
the Zoning Code. The City of Modesto permits
ADUs and JADUs in any zone that allows residential uses. One ADU (attached or detached) and one JADU are allowed on any lot in a residential or
mixed-use zone when there is only one existing
single-family dwelling on the lot.

Barriers to Housing
Development
■ The southern portions of the Plan Area are
in the Federal Emergency Management
Agency’s (FEMA’s) 1 percent and 0.2 percent
annual flood hazards zones. In addition,
Modesto’s General Plan identifies flooding associated with poor storm drainage as a major issue. In future flooding events, the extent of
damage will depend on the area inundated
and the level of urbanization that exists in
flood-prone areas. Infrastructure in the Plan
Area should be upgraded to ensure that flood
hazards remain at a minimum.
■ Both the Southwest Area and the Crows
Landing Corridor are demarcated by many
unincorporated parcels of land. Because of
this, neither the City of Modesto nor Stanislaus County maintains jurisdiction over the entirety of the contiguous neighborhood.

Future infrastructure improvements and
planning efforts in this location will require
the buy-in of both the City and County to
proceed.
■ Portions of the Southwest Plan Area and the
Crows Landing Corridor lack adequate sewer
services, storm drains, or other basic infrastructure. The City has adopted by initiative two ordinances that can constrain extension
of sewer infrastructure into new residential
areas. Measure A (passed in 1979) and Measure
M (passed in 1997) require that any planned
extension of sewer infrastructure beyond
the existing development area be subject to
a citizen vote. While the County, in partnership with the City of Modesto, is extending sewer service to the Spencer/Marshall and
Rouse/Colorado neighborhoods, which are
currently served by septic systems, by the
end of 2026, other unincorporated neighborhoods still lack adequate sewer facilities. This lack of infrastructure led to several parcels
immediately adjacent to Crows Landing Road
being excluded from the Sites Inventory of
the County’s 6th Cycle Housing Element.

Though several parcels in the West Modesto
Community were included in the County’s 6th
Cycle Housing Element, these parcels were
generally clustered together where the unincorporated community featured adequate water and sewer services.
■ Many parcels lack adequate sidewalks and
other right-of-way improvements. The
remaining vacant or underutilized parcels in
the Plan Area are generally small and fit in
existing single-family neighborhoods. Future
development on these sites may require
private developers to install sidewalks and
other public improvements, posing a potential
financial constraint on future construction.
■ Existing zoning regulations in the Plan Area
make it difficult to achieve multifamily residential development in the residential areas.

Most of the incorporated land in the Plan
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CHAPTER 5 HOUSING OPPORTUNITIES
Area is zoned R1, with limited amounts of R-2,
R-3, and P-D zoning. If adopted, significant
portions of the Plan Area may need to be
rezoned to allow for residential developments
at the appropriate densities for affordable
housing, or the development standards for
the existing zones may need to be revised to
accommodate residential uses at the appropriate densities. ■ Existing zoning regulations in the Crows
Landing Corridor make it difficult to incorporate residential uses. At present, the C-2 zone only allows multifamily residential uses
through a conditional use permit. Other
zones along the corridor are primarily industrial in nature, such as the M-2 zone, and do not permit residential uses at all. The corridor
may need to be rezoned to allow for more
residential uses along its entire length, or the
development standards for the existing zones
may need to be revised to accommodate residential uses at the appropriate densities for affordable housing.

Plan Area Housing
Recommendations
The barriers described in the previous section led
to a set of recommendations tailored to addressing them. These recommendations complement the recommendations in Chapter 4, Economic
Assessment. All recommendations have been
gathered into Chapter 6, Goals and Actions, to
create an action plan for the future of the Plan
Area.

General Recommendations for
Housing
Opportunity: The City should explore programs
to help existing residents stay in the Plan Area,
both renters and owners. Programs for renters
may include development of new deed-restricted
affordable housing, while programs for owners
may include down-payment assistance, repair/
energy-efficiency loans, and other assistance
programs.

Recommendations:
■ Explore and implement programs to assist
renters and homeowners to help existing
residents remain in the Plan Area.
■ Collaborate with community-based organizations to address housing challenges, including improving Section 8 housing conditions and
preventing eviction.
■ Work with community-based organizations to
provide housing support services for formerly
incarcerated individuals and at-risk youth.
■ Support initiatives for senior housing development and provide housing support services for seniors facing housing insecurity and
homelessness. Plan for future housing needs,
focusing on mixed-use housing developments and senior housing to accommodate the growing senior population in Southwest
Modesto.
■ To prevent the further concentration of segregation and poverty in Southwest Modesto, the City and County should be encouraged
to incentivize and adopt policies supporting a mix of housing types, including ADUs, duplexes, and small apartments, particularly
in areas like Spencer, Marshall, and Southeast
Rouse / Colorado.
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CHAPTER 5 HOUSING OPPORTUNITIES
■ Evaluate the potential for “tiny home” developments on large residential lots to address some of the housing needs in Southwest
Modesto.
■ Promote production of farmworker housing
in the western part of the Plan Area, for
example, along Carpenter Road. This housing
would not be dependent on employers.
■ Explore the possibility of mixed-income
housing at public housing developments.

Opportunity: Policies relating to the annexation
of county islands are Policy II.C.1 on page II-5 of
the 2008 Urban Area General Plan; Policy VIII.D
on pages VIII-2 and VIII-3 in the 2008 Urban Area
General Plan; and Policy VIII.V on pages VIII-17
and VIII-18 in the 2008 Urban Area General Plan.

Both the Southwest Plan Area and the Crows
Landing Corridor will continue to feature unincorporated islands unless the City proceeds with annexations of the West Modesto, Rouse, and
Bret Harte communities.

Recommendation:
■ Prioritize annexations in the Southwest
Modesto Plan Area.

Opportunity: The Utilities Department is working
to obtain a grant that would pay to extend sewer
laterals from installed main stub-outs at property
lines to individual houses as well as remove the
septic systems without charge to the homeowner. If obtained, such a grant would remove a financial obstacle for private homeowners and
help more homes to connect to the City’s sewer
system.

Recommendation:
■ Continue to seek funding for extending sewer
laterals to homes.

Opportunity: The City should provide existing
and new housing developments with better
transit connectivity and alternatives for parking.

Recommendation:
■ Provide electric charging stations for housing
units.
■ Introduce car-share strategies for new
housing developments.
■ Improve transit connectivity to and from new
housing developments to destinations in
Modesto.

Residential Sites Recommendations
Opportunity Site A described previously is a
typical site in the residential neighborhoods
of Southwest Modesto. There are many sites
throughout the neighborhood that could
provide much-needed multifamily housing that
fits within the character of the neighborhood.

Following are recommendations that arose from
the analysis of this commercial opportunity site
and will enable this type of housing to be more
easily built.

Opportunity: As demonstrated by the prototype, the combined lot size provides many more opportunities for multifamily housing than the
typical lot in the Plan Area.

Recommendation:
■ Pursue policies and incentives to encourage
the assembly and merging of lots in the R-2
and R-3 zoning districts to achieve multifamily housing. #7..
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CHAPTER 5 HOUSING OPPORTUNITIES
Opportunity: Review of lot sizes in the Plan Area
shows there are many parcels of the size of the
opportunity site, but many of these are in the R-1
zoning district.

Recommendation:
■ Explore allowing higher-density, up to 12.5
dwelling units per acre, for merged or larger
lots (10,000 sq ft or above) in R-1 zoning
districts in the Plan Area.

Opportunity: As Option 2 shows, the corner lot
in the R-2 zoning district is a legitimate place for
a higher-density project, as long as development
standards are in place to ensure compatibility.

Recommendation:
■ Explore allowing higher density, up to 25
dwelling units per acre, for corner lots of a
minimum size of 10,000 sq ft in the R-2 zoning
district.

Opportunity: Every city is grappling with
parking regulations, which have been in place for
decades, but often make it difficult to achieve the
number of units to make projects feasible. We
think the relaxation of parking requirements is
very important to unlocking additional housing
development. The trade-off is positive, especially
in older neighborhoods with on-street parking
that can handle some of the ebb and flow of
parking needs.

Recommendation:
■ Consider reducing the required number
of parking spaces per unit for multifamily housing units and eliminate the visitor parking requirement.

Opportunity: Both of the prototypes, we feel, fit
well into the neighborhood context. This is due to
the similar architectural language in the building
and roof shapes, and the placement of parking
spaces behind the building rather than in front.

Recommendation:
■ The Plan recommends standards that require
off-street parking for multifamily residential
to be placed to the side or rear of buildings.

Opportunity: For corner lots like Opportunity
Site A, the side street setback requirements
constrain the potential of the site. Our prototypes
show front porches for ground-floor units in the
code setback to benefit those units and create a
more harmonious environment.

Recommendation:
■ Consider changing side-street setbacks
to 5 feet minimum, rather than 15 feet, for
one-story structures on corner lots in the R-2
zoning district.

Opportunity: Uncertainty tends to constrain
housing development. Part of the uncertainty in
the Modesto residential code is the requirement
for development plan review for two-story dwellings.

Recommendation:
■ Consider reducing or eliminating development plan review for sites of 15,000 sq. ft. or less in the R-2 district.

Commercial Sites Recommendations
Opportunity Site B is a commercially zoned
property on a busy retail corridor. There are many
sites on this and similar corridors that could be
suitable for residential development if designed
sensitively. The following are recommendations
that arose from the analysis of this commercial
opportunity site.
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CHAPTER 5 HOUSING OPPORTUNITIES
Figure 5-6: Proposed Zoning Changes
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CHAPTER 5 HOUSING OPPORTUNITIES
Opportunity: In November 2023, the Modesto
City Council adopted Ordinance 3772, establishing a Mixed-Use Pedestrian (MU-P) zone, and Ordinance 3773, establishing a Mixed-Use
Highway (MU-H) zone. The purpose of these two
zones was to accommodate the City’s Regional
Housing Needs Assessment allocation (RHNA),
primarily along Sisk Road, McHenry Avenue,
Oakdale Road, and Yosemite Boulevard, by
allowing for multifamily residential development
along commercial corridors in the central and
northern areas of the city. As part of this current
planning effort, these mixed-use zones could be
extended to commercial corridors in the Plan
Area, including Paradise Road and Crows Landing
Road. This would allow for additional residential
opportunities in both areas. These zones allow for
multifamily residential and mixed-use residential
as a by-right use. These zones also establish a
minimum residential density of 22 units per acre
and a maximum density of 45 units per acre.

Recommendation:
■ Explore rezoning C-1, C-2, and C-3 properties on Crows Landing Road to Mixed-Use Highway, and C-1 commercial properties on
Paradise Road, Maze Boulevard, and Sutter
Avenue to Mixed-Use Pedestrian. See Figure
5-6 for preliminary recommended zoning
changes.

Opportunity: The size of Opportunity Site B (one
acre) is large enough to accommodate vertical
mixed-use development, which is housing over
ground-floor retail. However, recent trends have
shown that ground-floor retail is very difficult to
make financially viable. This type of construction
is expensive, and if there is not a demand for
retail stores, it means the ground-floor space
could remain vacant. In both options we show
a small amount of ground-floor retail, but the
City is likely to achieve more housing if it does
not require commercial as part of new housing
developments on commercial corridors.

Recommendation:
■ Allow multifamily residential without commercial use on commercial corridors in the Plan Area while encouraging mixed-use commercial with residential wherever possible.

Objective: Where residential projects do not have
a commercial component, there will be a desire
to locate residential units on ground floors facing
the street. Much care should be taken to ensure
that the units are buffered from the noise and
activity coming from the street. Equally important is to ensure that the pedestrian environment from the sidewalk does not suffer by having no
windows or small openings along a long stretch
of building wall. Standards for ground-floor residential development will ensure that buildings are set back from the sidewalk, buffered by landscaping, while ensuring windows and entries from units are helping keep an eye on the street.

Recommendation:
■ The Plan recommends ground-floor frontage
standards for residential units on the ground
floor next to sidewalks in commercial
corridors.

Opportunity: Although there are many properties of this size in commercial corridors in the Plan Area, there are also many smaller properties.

These properties would be more suitable for multifamily residential if they could be assembled into larger sizes.
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CHAPTER 5 HOUSING OPPORTUNITIES
Recommendation:
■ Support parcel assembly on mixed-use commercial corridors by creating policies or incentives to assemble commercial properties into larger sizes.

Opportunity: Parking is expensive to provide,
taking up space and costs. For multifamily or
mixed-use development on commercial corridors, many places have found that requiring one parking space per unit is enough, even for larger
units. There are also benefits to sharing parking
spaces between residents and businesses in
mixed-use projects, where businesses use the
space during the day and residents at night.

Visitor parking can also be shared with businesses or can be shifted to on-street parking.

Recommendation:
■ Consider reducing the required number of
parking spaces per unit for larger multifamily
housing units and allowing shared parking
between different uses.

Opportunity: Parking for commercial businesses
is also expensive, and mixed-use projects are inherently more pedestrian-friendly types of development, so not as many spaces for commercial uses are necessary. The goal is to find ways to
minimize costs, where feasible, to achieve more
housing.

Recommendation:
■ Consider reducing the amount of parking
required for commercial uses when part
of a mixed-use development that includes
housing.

Opportunity: Crows Landing Road and other
commercial corridors in the Plan Area suffer from
a lack of urban design quality. To improve the
appearance and function of the corridor and encourage a vibrant, pedestrian-oriented environment while still attracting housing, development standards should require that new projects front
the primary corridor, that parking is to the side
or rear of the property, and that there is direct
pedestrian access from the sidewalk to the front
doors of businesses.

Recommendation:
■ Create objective design standards for multifamily or mixed-use development on commercial corridors. #7..
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Chapter 6
Goals and Actions
Southwest Modesto Plan | Draft May 2024 73
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74 Southwest Modesto Plan | Draft May 2024
CHAPTER 6 GOALS AND ACTIONS
The community and stakeholder input during
the development of this Plan was the foundation of a set of goals and actions that align with the overall vision for the Southwest Modesto
Plan Area. The goals highlight the community’s
emphasis on maintaining community character while improving opportunities for jobs and housing. Actions are specific measures that are
meant to help achieve the goals.

This chapter includes goals and actions for Community Identity, Economic Vitality, Community Services, Housing, and Transportation and Infrastructure. Economic Vitality and Housing goals and actions are based on recommendations from
Chapter 4, Economic Assessment, and Chapter 5,
Housing Opportunities. See those chapters for a
discussion of those recommendations.

Community Identity
Goal: Enhanced Community Identity and
Culture. The Plan Area is envisioned as an attractive place to live, visit, shop, and work. Community members value the cultural identity and family-oriented nature of Southwest Modesto.

Cultural centers such as King-Kennedy Memorial
Center and Modesto High School will continue to
provide an identity to the neighborhood.
■ Action: Promote family-friendly activities.
■ Action: Celebrate the unique heritage of
Southwest Modesto by promoting arts,
including public art and performing arts, that
align with community identity.
■ Action: Provide opportunities for community
members to teach other community
members about poetry, art, painting, theater,
music, and dance.
■ Action: Celebrate diversity in the community.
■ Action: Encourage new housing developments to include space for cultural activities like music, poetry readings, and visual arts.

The space may be indoors or outdoors under
a shade structure.
■ Action: Consider opportunities for creating
gathering spaces along commercial corridors,
using concepts like “tactical urbanism” to inexpensively repurpose existing spaces into safe gathering spaces for the community.

Designated spaces for public gathering may
be activated by food trucks and farmers
markets, which can encourage interaction
among residents and help improve safety by
providing more “eyes on the street.”
■ Action: Improve the appearance of neighborhoods to travelers along the freeway by encouraging new development in a mix of
uses and by ensuring that building facades
are designed to be aesthetically pleasing.

Goal: Ongoing Outreach to Community
Members. When initiatives are contemplated
by the City, County, community-based organizations, or others, community engagement will be prioritized.
■ Action: Conduct workshops and meetings
to engage families, mothers, and the broader
community, using existing community event
spaces in the Southwest area.
■ Action: Use trusted community members
and organizations for culturally appropriate outreach and education about housing resources.
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CHAPTER 6 GOALS AND ACTIONS
■ Action: Leverage existing communication
strategies, such as reverse robo-calling, to disseminate information effectively. ■ Action: Ensure that improvements to park
facilities align with community priorities by
engaging community members during discussions.

Economic Vitality
Goal: Workforce Development and Job
Training. Promote economic vitality through job
training and education programs to give local
residents tools to get good jobs.
■ Action: Support jobs programs and training
for young workers.
■ Action: Assess jobs and training programs to
find ways to improve the success rate.
■ Action: Attract more people to use job
training and education.
■ Action: Provide funds to encourage participation in job training programs.

Goal: Workforce Development and Connecting
Local Businesses. Promote economic vitality by
connecting businesses in the region to residents
in Southwest Modesto.
■ Action: Partner with major employers in
Modesto to move people from training into
jobs.
■ Action: Work with employers to create incentives for residents to access training programs.

Goal: Business Support. Promote economic
vitality by supporting entrepreneurship in the
community.
■ Action: Build awareness in the community for
existing local resources for business support.
■ Action: Attract additional organizations to
Southwest Modesto that focus on business
support.
■ Action: Streamline the permitting processes
for businesses to reduce barriers to entry.
■ Action: Create an incubator program to
provide space, resources, and training to start
new businesses.
■ Action: Partner with companies and public
agencies to use Southwest Modesto businesses for catering and other service needs. ■ Action: Explore opportunities for Southwest
Modesto businesses to permanently locate or
“pop up” at John Thurman Field.

Goal: Improve the financial well-being of local
residents.
■ Action: Increase access to financial services
for residents and businesses. Encourage a
bank branch to locate in the Southwest Plan
Area.
■ Action: Partner with educational institutions to bring financial literacy programs or workshops to the Southwest Plan Area.
■ Action: Explore the feasibility of a Guaranteed
Basic Income program.

Goal: Improve the Paradise Road Corridor.

Improve the business environment on Paradise
Road, the main commercial corridor in the
Southwest Plan Area.
■ Action: Improve the look and function of H
and G Streets near downtown as described in
the Downtown Modesto Plan.
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CHAPTER 6 GOALS AND ACTIONS
■ Action: Annex County Islands along Paradise
Road into the City.
■ Action: Create objective design standards for
Paradise Road to improve its appearance.
■ Action: Streamline the process to combine
lots for development.

Goal: Improve the Crows Landing Road
Corridor.
■ Action: Attract new businesses to larger
parcels on Crows Landing Road.
■ Action: Improve the appearance of Crows
Landing Road with objective design
standards.
■ Action: Relocate industrial uses to the south
part of the corridor.
■ Action: Improve experiences for pedestrians, bicyclists, and transit users along Crows Landing Road.

Community Services
Goal: Provision of Needed Community
Services. The Plan Area needs improved access
to a variety of community services, including
healthcare facilities, banks, laundry services, and
day care centers.
■ Action: Increase demand for banks and
financial services by educating residents
about the benefits of financial planning and
investments. This will encourage residents to
use banking services and generate demand
for the development of banks and other
financial institutions in the Plan Area.
■ Action: Encourage more childcare and
medical facilities nearby to meet the needs of
residents and families.
■ Action: Encourage laundry services, dry
cleaners, and other neighborhood services.

Goal: Improved Safety and Emergency
Services. Provide measures to improve the safety
of community members.
■ Action: Address challenges related to
emergency service access and enhanced
community safety through collaborative
efforts with emergency service providers.
■ Action: Enhance community safety by establishing dedicated police offices, expanding video policing initiatives, and collaborating
with stakeholders to ensure timely assistance
for residents in need.
■ Action: Address homelessness through transitional and affordable housing. Work with community-based organizations to provide
housing support services for formerly incarcerated individuals and at-risk youth.

Goal: Park and Open Space Development and
Renovation. Residents and visitors should have
more recreation opportunities through the revitalization of existing parks, development of new parks, and improved accessibility for recreational
areas.
■ Action: Continue ongoing park construction
projects and collaborate with stakeholders to
ensure that park development projects align
with community needs and priorities.
■ Action: Enhance parks with amenities such
as benches, picnic areas, and trash receptacles.
■ Action: Advocate for park developments
that enhance community well-being and
resilience, collaborating with stakeholders to
ensure inclusive and accessible spaces.
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CHAPTER 6 GOALS AND ACTIONS
Housing
Goal: Improve Housing for Existing Residents.

The Plan Area will be a place where existing
residents have the resources to stay in the Southwest area and where improvements to existing housing is prioritized, without the threat of displacement of existing residents. ■ Action: Explore and implement programs
to assist renters and homeowners to help
existing residents remain in the Plan Area.
■ Action: Collaborate with community-based
organizations to address housing challenges,
including improving Section 8 housing conditions and preventing eviction. ■ Action: Work with community-based organizations to provide housing support services for formerly incarcerated individuals and
at-risk youth.
■ Action: Support initiatives for senior housing
development and provide housing support
services for seniors.
■ Action: Partner with community-based organizations to facilitate homeownership opportunities for low-income families. ■ Action: Prioritize annexations of county land
into the city as part of a program to improve
neighborhoods.
■ Action: Seek funding for extending sewer
laterals to existing homes.

Goal: Development of New Affordable Housing
in Existing Neighborhoods. Encourage development of affordable housing and provide new types of housing to meet various needs,
from townhomes to multifamily housing, senior
housing, flats, or rental apartments.
■ Action: Encourage the assembly and merging
of lots in the R-2 and R-3 zoning districts.
■ Action: Consider allowing medium-density
housing (up to 12.5 units per acre) for merged
or larger lots in the R-1 zoning district.
■ Action: Explore allowing higher-density
housing (up to 25 units per acre) for corner lots
of a minimum size in the R-2 zoning district.
■ Action: Reduce the required number of
parking spaces per unit for multifamily housing units and eliminate the visitor parking requirement.
■ Action: Require off-street parking for multifamily residential to be placed to the side or rear of buildings.
■ Action: Consider changing side-street
setbacks to five feet minimum for one-story
structures on corner lots in the R-2 zoning
district.
■ Action: Consider reducing or eliminating
development plan review for sites of 15,000
square feet or less in the R-2 district.

Goal: Development of New Affordable Housing
on Commercial Corridors. Encourage development of housing, including affordable housing, on commercial corridors in the Southwest Plan
Area and Crows Landing Corridor.
■ Action: Rezone C-1, C-2, and C-3 properties on
Crows Landing Road to Mixed-Use Highway,
and C-1 commercial properties on Paradise
Road, Maze Boulevard, and Sutter Avenue to
Mixed-Use Pedestrian.
■ Action: Allow multifamily residential without
commercial use on commercial corridors in
the Plan Area.
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CHAPTER 6 GOALS AND ACTIONS
■ Action: Support parcel assembly on
mixed-use commercial corridors by creating
policies or incentives to assemble commercial
properties into larger sizes.
■ Action: Consider reducing the required
number of parking spaces per unit for larger
multifamily housing units and allowing
shared parking between different uses.
■ Action: Create objective design standards for
multifamily or mixed-use development on
commercial corridors.

Transportation and
Infrastructure
Goal: Improved Pedestrian, Bicycle, and Transit
Facilities. Residents and visitors of all ages and
abilities will travel safely on foot or by bicycle,
transit, or car to destinations in and surrounding
the Plan Area.
■ Action: Expand transit to healthcare facilities to improve accessibility and community well-being.
■ Action: Ensure safe routes to schools.
■ Action: Create walkable/bikeable neighborhoods by upgrading sidewalks and bicycle facilities.
■ Action: Address transportation challenges for
students attending schools in the Plan Area
by collaborating with transportation agencies
to enhance carpooling initiatives and improve
public transportation options.
■ Action: Provide funding and support for additional street trees to reduce the “heat island” effect.
■ Action: Address the lack of sidewalks and
poor right-of-way conditions. Many parcels
lack adequate sidewalks and other right-ofway improvements. The remaining vacant or underutilized parcels of land in the Plan
Area are generally small and fit in existing single-family neighborhoods. Future development on these sites may require the builder to install sidewalks and other public improvements, posing a potential financial constraint on future construction.

Goal: Improved Infrastructure. Residents and
businesses in the Plan Area will depend on safe
and well-maintained infrastructure, including
water, wastewater, and stormwater systems.
■ Action: Upgrade infrastructure to alleviate
flood risks. The southern portions of the Plan
Area are in the Federal Emergency Management Agency’s 1 percent and 0.2 percent annual flood hazards zones. In addition,
Modesto’s General Plan identifies flooding associated with poor storm drainage as a major issue. In future flooding events, the extent of
damage will depend on the area inundated
and the level of urbanization that exists in
flood-prone areas. Infrastructure in the Plan
Area should be upgraded to ensure that flood
hazards remain at a minimum.
■ Action: Annex unincorporated land in
the county islands into the city. Both the
Southwest Plan Area and the Crows Landing
Corridor have unincorporated parcels of land
throughout. Because of this, neither the City
of Modesto nor Stanislaus County maintains
jurisdiction over the entirety of the contiguous neighborhood. Future infrastructure improvements and planning efforts to annex
the land will require the buy-in of both the
City and the County to proceed.
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Southwest Modesto Plan | Draft May 2024 79
CHAPTER 6 GOALS AND ACTIONS
■ Action: Extend sewer infrastructure into more
residential areas. Portions of the Southwest
Plan Area and the Crows Landing Corridor
lack adequate sewer services, storm drains,
or other basic infrastructure. The City has
adopted two ordinances that can constrain
extension of sewer infrastructure into new
residential areas. Measure A (passed in 1979)
and Measure M (passed in 1997) require that
any planned extension of sewer infrastructure beyond the existing development area be subject to a citizen vote. The County,
in partnership with the City of Modesto, is
extending sewer service by the end of 2026
to the Spencer/Marshall and Rouse/Colorado
neighborhoods, which are currently served
by septic systems, but other unincorporated
neighborhoods still lack adequate sewer facilities. This lack of infrastructure led to several parcels immediately adjacent to Crows
Landing Road being excluded from the Sites
Inventory of the County’s 6th Cycle Housing
Element.
■ Action: Obtain funding for extending sewer
laterals to existing houses. The Utilities Department is working to obtain a grant that would pay to extend sewer laterals from
installed main stub-outs at property lines to
individual houses as well as remove the septic
systems without charge to the homeowner.

If obtained, such a grant would remove a
financial obstacle for private homeowners
and help more homes to connect to the City’s
sewer system.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 5, 2024
Date: June 28, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Formation of City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2)
CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Consider a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024- 2 and forwarding to Council for approval. (Funding Source: Developer Deposit) STRATEGIC PLAN ELEMENT:

The recommended action supports the City Council’s 2020-2025 Strategic Plan, Goal D:

Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

In 1982, the Mello-Roos Community Facilities Act of 1982 1(Act) was adopted by the State of California as a method for financing infrastructure improvements and services associated with new developments. The Act allows infrastructure improvements and services to be funded through a special tax paid by property owners.

The Fairview Specific Plan area, approved by the City Council on December 12, 1995, encompasses approximately 360 acres and is bounded by Whitmore Avenue to the south, Carpenter Road to the west, and Hatch Road to the north. 1 Mello Roos Act of 1982 5533-53368
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Economic Development Committee, August 5, 2024
Formation of City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2)

Page 2 of 4 ends

On October 28, 2003, the City Council adopted the resolution of intention to form City of Modesto Community Facilities District No. 2003-1 (Fairview Village) pursuant to the Mello-Roos Community Facilities Act of 1982.

On December 11, 2003, the City Council established City of Modesto Community Facilities District No. 2003-1 (Fairview Village) within the Fairview Specific Plan area through Resolution 2003-660.

On, December 20, 2021, the Planning Commission approved the Vesting Subdivision Map for Fairview Village Phase 1 Subdivision which consisted of 38.5 acres located east of Carpenter Road and north of Whitmore Avenue into 217 single-family residential lots and six landscape lots.

On February 7, 2022, STL Company LLC, applied to form a new Community Facilities District (CFD).

DISCUSSION:

The Mello-Roos Community Facilities Act requires that within 90 days after receiving a petition, the legislative body shall adopt a Resolution of Intention (ROI). The ROI is the first step in establishing a CFD.

While the boundaries of CFD No. 2024-2 will ultimately encompass the entire Fairview Village area, the initial boundaries will consist of 056-027-009 totaling 40.15 acres. STL Company LLC is the owner. Additional properties may annex to CFD No. 2024-2 as they are ready to develop.

The proposed boundary map also identifies the future annexation area and is provided as Attachment 3.

The Facilities to be financed by CFD No. 2024-2 include development of a storm drain basin, class 1 bike trail, road improvements, and canal crossings. The services to be financed by CFD No. 2024-2 encompass maintenance for landscaped lots, tree pruning, masonry wall maintenance, neighborhood park maintenance, storm drain basin maintenance and other services set forth in Attachment 1.

By Resolution No. 2020-223, the City Council previously approved participation in the BOLD Program, and this action is sufficient to approve participation in the BOLD program in partnership with California Municipal Finance Authority (CMFA). CMFA works with City Staff to ensure the program is meeting the City’s objectives. Prior to the October 22, 2024, Public Hearing, City Council meeting, the project proponents will have submitted the appropriate executed forms to the City, which include the Request, Consent and Waiver and the Landowner-Voter Ballot. The Request, Consent and Waiver form waives certain noticing and voting requirements, and requests the City execute and record a notice of special tax lien pertaining to the properties and record such notice within the official records of the County Recorder.

CFD No. 2024-2 will not include any bonding authority. The Rate and Method of Apportionment (RMA) that identifies the maximum special tax rates for the parcel types within CFD No. 2024-2, as well as a description of how the special taxes are calculated and collected, is attached as Attachment 2.
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Economic Development Committee, August 5, 2024
Formation of City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2)

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Only the Initial Parcel is requesting to be part of CFD No. 2024-2 and only the Initial Parcel will be subject to levy and collection of the special taxes, until additional properties annex to CFD No. 2024-2 in the future.

The Annual Maintenance Special Tax is only levied on a parcel after a building permit has been issued for that property (except for single family detached which commences after a final map is recorded). The One-Time Facilities Special Tax is levied after a building permit has been issued for that property. The maximum special tax rates for CFD No. 2024-2 are as follows:

Maximum Special Tax Rates Fiscal Year 2024-25
Special Tax Category
Maximum Annual
Maintenance Special Tax
Fiscal Year 2024-25
Maximum One-Time
Facilities Special Tax
Fiscal Year 2024-25
Forming Parcel $1,834,935 $191,716
The CFD Administrator will allocate the above maximum taxes to successor parcels as provided in the RMA.

On July 1, 2025, and on each July 1 thereafter, all figures shown in the table above shall be increased by the annual Escalation Factor. In any Fiscal Year, the annual Escalation Factor will be the greater of either, the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or four percent (4.0%).

At least thirty (30) days, and no more than sixty (60) days, following the date of the adoption of the ROI, the City Council will hold a public hearing and consider a Resolution of Formation. The public hearing is currently scheduled for October 22, 2024. The special tax may only be levied if approved by a two-thirds vote of the property owners within the boundaries at a special election currently scheduled for October 22, 2024. For future annexations the unanimous written consent of the property owners via a signed Unanimous Consent to Annex, Waiver and Declaration of Landowner will be obtained without the need for a public hearing or election.

The Owner is not seeking bonding authorization for CFD No. 2024-2, just for the authority for the One-Time Facilities Special Tax and an Annual Maintenance Special Tax. Concurrently, with the proceedings to form CFD No. 2024-2, the Owner is pursuing proceedings under the state-wide BOLD Program for the formation of a second community facilities district over the property to finance additional facilities with the levy of an annual facilities special tax which will secure bonded indebtedness.

The California Municipal Finance Authority2 (CMFA) is a joint powers agency, of which the City is a member. CFMA administers the BOLD Program3. Under the BOLD Program, bonds are issued by a community facilities district formed by CMFA (BOLD CFD) under the Mello-Roos Act. The City Council previously approved participation in the BOLD program, and this prior 2 California Municipal Finance Authority
3 CMFA Bold Financing
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Economic Development Committee, August 5, 2024
Formation of City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2)

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action is sufficient to approve participation in the BOLD program in partnership with CMFA.

CMFA works in partnership with City staff to ensure the program is meeting the City’s objectives. CMFA and its consultant team will form and approve the BOLD CFD, CMFA will issue bonds on behalf of the BOLD CFD, and levy and collect the special taxes each year.

Using the BOLD Program for bonds alleviates local agency staff time constraints.

FISCAL IMPACT:

The formation of CFD No. 2024-2 is paid by the applicant through a developer deposit. There is no General Fund impact.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-2 and forwarding to Council for approval.

Approved by:

Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. List of Facilities and Services

2. Rate and Method of Apportionment

3. Proposed Boundary Map for CFD 2024-2 Formation
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CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-2
(FAIRVIEW VILLAGE #2)

LIST OF FACILITIES
The types of Facilities and Services proposed to be financed by Community Facilities District No. 2024-2 (CFD) are as follows:

Authorized Facilities:

The CFD shall be authorized to finance all or any part of the costs of acquisition, construction and improvement of the following facilities (the “Facilities”):
 Water System
 Wastewater System
 Storm Drain System
 Road Improvements
 Canal Crossing Improvements
The Facilities shall include all hard and soft costs associated with the improvements, including the costs of acquisition of land and rights-of-way, the costs of design, engineering and planning, the costs of environmental or traffic studies, surveys or other reports, costs related to landscaping and irrigation, soils testing, permits, plan check, and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. The CFD may also fund, and the special taxes may also be used to directly pay for, the purchase, construction, expansion, improvement or rehabilitation of any of the Facilities, and to reimburse the City or any third parties for advances made to purchase, construct, expand, improve or rehabilitate any of the Facilities. #8..
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LIST OF SERVICES
Maintenance of the Neighborhood Park(s), arterial road parkway, median and roundabout landscaping, tree pruning, connector street parkway, median landscaping, bike trails, masonry walls, central basin and storm drain facilities.

The services to be provided include, but are not limited to, litter and debris removal, pruning, staking, fertilizing, plant replacement and restoration, fire and weed control, erosion control, trimming of vegetation, and storm drain system maintenance. Authorized services shall also include the following: (i) related reserves for the replacement of plants and materials, replacement of storm water treatment filters and other storm drainage facilities, and (ii) a sinking fund for services that could not otherwise be funded in a given fiscal year.

The services to be financed by the CFD are in addition to those provided in the territory of the CFD before the date of creation of the CFD and will not supplant services already available within that territory when the CFD was created.

Administrative Expenses
The administrative expenses to be funded by the CFD include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the CFD including, but not limited to, the levy and collection of special taxes, fees and expenses of attorneys, any fees of the County of Stanislaus related to the CFD or the collection of special taxes, an allocable share of the salaries of the City staff related thereto, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the CFD.
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CFD No. 2024-2 (FV #2) 1 June 27, 2024

APPENDIX C

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-2
(FAIRVIEW VILLAGE #2)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes applicable to each Assessor’s Parcel in the City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2) shall be levied and collected according to the tax liability determined by the City Council through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed into the CFD unless a separate Rate and Method of Apportionment is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other Development Plan.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Part 1, Division 2 of Title 5 of the California Government Code.
“Administrative Expenses” means any or all of the following: the expenses of the City in carrying out its duties with respect to the CFD, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and this RMA, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD.
“Administrator” means the person or firm designated by the City to administer the Special Taxes according to this RMA.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Maintenance Special Tax Requirement, as defined below.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
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CFD No. 2024-2 (FV #2) 2 June 27, 2024
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Facilities” means the public facilities authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Authorized Services” means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof. “CFD” means the City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2).
“CFD Formation” means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.
“City” means the City of Modesto.
“City Council” means the City Council of the City of Modesto, acting as the legislative body of the CFD.
“County” means the County of Stanislaus.
“Developed Property” means, in any Fiscal Year, the following:

For purposes of levying the Annual Maintenance Special Tax:
• for Single Family Detached Property, all Parcels for which a Final Map was recorded prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023; • for Single Family Attached Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023; • for Other Property, all parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year.

For purposes of levying the One-Time Facilities Special Tax: all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023.
“Development Class” means, individually, Developed Property and Undeveloped Property. #8..
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CFD No. 2024-2 (FV #2) 3 June 27, 2024
“Development Plan” means a condominium plan, apartment plan, site plan or other development plan that identifies such information as the type of structure, the acreage, the square footage, and/or the number of Units that will be developed on Single Family Attached Property or Other Property. “Escalation Factor” means, in any Fiscal Year, the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). “Final Map” means a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) that creates Single Family Detached Lots. The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or subdivision map or portion thereof, that does not create Single Family Detached Lots, including Assessor’s Parcels that are designated as remainder parcels. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Future Annexation Area” means that geographic area that, at the time of CFD Formation, was considered potential annexation area for the CFD and which was, therefore, identified as “future annexation area” on the recorded CFD boundary map. Such designation does not mean that any or all of the Future Annexation Area will annex into the CFD, but should property designated as Future Annexation Area choose to annex, the annexation may be processed pursuant to the streamlined annexation procedures provided in the Act.
“Maintenance Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) establishment of reserves, (iii) Administrative Expenses, and (iv) amounts needed to cure any delinquencies in the payment of Annual Maintenance Special Taxes which have occurred in prior Fiscal Years. “Maximum Annual Maintenance Special Tax” means the greatest amount of Annual Maintenance Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum One-Time Facilities Special Tax” means the greatest amount of One-Time Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Special Taxes” means, collectively, the Maximum One-Time Facilities Special Tax and Maximum Annual Maintenance Special Tax.
“One-Time Facilities Special Tax” means a special tax, levied on Taxable Property to pay the One-Time Facilities Special Tax Requirement and collected by the City prior to a Building Permit being issued on a Parcel of Taxable Property.
“One-Time Facilities Special Tax Requirement” means, for a Parcel of Taxable Property in the CFD, the amount needed to pay the Parcel’s share of the cost of Authorized Facilities as #8..
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CFD No. 2024-2 (FV #2) 4 June 27, 2024
determined by the City, which amount shall not exceed the Maximum One-Time Facilities Special Tax assigned to the Parcel pursuant to this RMA.

“Original Parcel” means an Assessor’s Parcel in the CFD at the time of CFD Formation, or added to the CFD upon annexation, as identified in Attachment 1 (which shall be updated after each annexation). A Successor Parcel that is being further subdivided shall also be considered an Original Parcel for purposes of determining the Maximum Special Taxes pursuant to Section C below.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by the Owners Association, not including any such property that is located directly under a residential structure.
“Other Property” means any Parcel of Developed Property in the CFD that is not Single Family Attached Property or Single Family Detached Property.
“Proportionately” means, for each Development Class, that the ratio of the actual Annual Maintenance Special Tax levied in any Fiscal Year to the Maximum Annual Maintenance Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class.
“Public Property” means any property within the boundaries of the CFD that is owned by the federal government, State of California, County, City, or other public agency. “RMA” means this Rate and Method of Apportionment of Special Taxes. “SFD Unit” means a residential dwelling unit that does not share a common wall with another residential dwelling unit.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of two or more Units that share common walls and are offered as for-sale Units, including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.
“Single Family Detached Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map. “Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued or will be issued for construction of a SFD Unit. #8..
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CFD No. 2024-2 (FV #2) 5 June 27, 2024
“Special Taxes” means, collectively, the One-Time Facilities Special Tax and the Annual Maintenance Special Tax.

“Subdivision Map” means a Final Map, large lot subdivision map, or other map recorded with the County that results in the subdivision of an Original Parcel into two or more Successor Parcels. “Successor Parcel” means an Assessor’s Parcel of Taxable Property created by the subdivision or reconfiguration of an Original Parcel on which construction of a residential or non-residential structure is permitted.
“Taxable Property” means all Assessor’s Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or Section G below. “Tentative Map” means a tentative map or substantial conformance exhibit for property in the CFD, including any adjustments or amendments thereto.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property within the CFD that are not Developed Property.
“Unit” means (i) for Single Family Detached Property, an SFD Unit and (ii) for Single Family Attached Property, an individual residential unit within a duplex, triplex, fourplex, townhome, or condominium structure.

B. DATA FOR ANNUAL ADMINISTRATION
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel numbers for all Parcels of Taxable Property. The Administrator shall also: (i) assign each Parcel of Taxable Property to the appropriate Development Class; (ii) determine whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, (iii) for Developed Property, categorize each Parcel as Single Family Detached Property, Single Family Attached Property, or Other Property, (iv) for Parcels of Single Family Attached Property, determine the number of Units on each Parcel, (v) for Other Property, determine the Acreage of each Parcel, and (vi) determine the Maintenance Special Tax Requirement.

For Single Family Attached Property, the number of Units shall be determined by referencing the relevant Development Plan. If, in any Fiscal Year, an Assessor’s Parcel includes both Developed Property and Undeveloped Property, the Administrator shall determine the acreage associated with the Developed Property, subtract this acreage from the total Acreage of the Assessor’s Parcel, and use the remaining acreage to calculate the Special Tax that will apply to Undeveloped Property within the Assessor’s Parcel. The Special Tax shall then be calculated for Developed Property on the Parcel, and the total Special Tax levied on the Assessor’s Parcel shall be the sum of the Special Taxes determined separately for the Undeveloped Property and Developed Property on the Parcel.

C. CALCULATING THE MAXIMUM SPECIAL TAXES
The Administrator shall use the procedures set forth below to calculate the Maximum Special Taxes for each Parcel in the CFD in each Fiscal Year.
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CFD No. 2024-2 (FV #2) 6 June 27, 2024

1. Original Parcels
The Maximum Special Taxes for each Original Parcel in the CFD as of CFD Formation are identified in Attachment 1. Attachment 1 will be updated by the Administrator as needed to reflect Original Parcels added to the CFD due to annexations.

2. Successor Parcels
a. All Successor Parcels are Single Family Detached Lots If the Parcels created by a recorded Subdivision Map are all Single Family Detached Lots, the Administrator shall apply the following steps to allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels created by the subdivision:

Step 1: Identify the Maximum Special Taxes assigned to the Original Parcel; Step 2: Divide the Maximum Special Taxes from Step 1 by the number of Single Family Detached Lots created by the Subdivision Map to determine the Maximum Special Taxes for each Single Family Detached Lot.
b. No Successor Parcels are Single Family Detached Lots If none of the Successor Parcels created by recordation of a Subdivision Map are Single Family Detached Lots, the Administrator shall apply the following steps to allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels:

Step 1: Identify the Maximum Special Taxes assigned to the Original Parcel; Step 2: Determine the total Acreage of Taxable Property created by subdivision of the Original Parcel;
Step 3: Divide the Maximum Special Taxes from Step 1 by the Acreage from Step 2 to calculate Maximum Special Taxes per acre;
Step 4: Multiply the per-acre Maximum Special Taxes from Step 3 by the Acreage in each Successor Parcel to calculate the Maximum Special Taxes for each Successor Parcel.

If, after subdivision of an Original Parcel, a Successor Parcel is further subdivided, the Successor Parcel shall be treated as an Original Parcel for purposes of allocating Maximum Special Taxes pursuant to Section C.2a, C.2b, or C.2c, as appropriate. c. Some, But Not All, Successor Parcels are Single Family Detached Lots If a Subdivision Map divides an Original Parcel into Successor Parcels, of which some are Single Family Detached Lots and some are not, the Administrator shall apply the following #8..
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CFD No. 2024-2 (FV #2) 7 June 27, 2024
steps to allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels:

Step 1: Identify the Maximum Special Taxes assigned to the Original Parcel; Step 2: Determine the total Acreage of Taxable Property created by subdivision of the Original Parcel;
Step 3: Determine the total Acreage of Single Family Detached Property created by the subdivision by taking the sum of the Acreage in the individual Single Family Detached Lots;
Step 4: Divide the Maximum Special Taxes from Step 1 by the Acreage calculated in Step 2 to calculate Maximum Special Taxes per acre; Step 5: Multiply the per-acre Maximum Special Taxes calculated in Step 4 by the Acreage of Single Family Detached Property calculated in Step 3 to determine the total Maximum Special Taxes to be assigned to the Single Family Detached Property created by the subdivision; Step 6: Divide the amount calculated in Step 5 by the number of Single Family Detached Lots created by the subdivision to determine the Maximum Special Taxes for each Single Family Detached Lot;
Step 7: Multiply the per-acre Maximum Special Taxes calculated in Step 4 by the Acreage of each Successor Parcel that is not Single Family Detached Property to calculate the Maximum Special Taxes for such Parcels.

After each reallocation of the Maximum Special Taxes upon subdivision or reconfiguration of Original Parcels, the sum of the Maximum Special Taxes assigned to Successor Parcels shall never be less than the Maximum Special Taxes assigned to the Original Parcels prior to such reallocation.

D. ESCALATION OF MAXIMUM SPECIAL TAXES

1. One-Time Facilities Special Tax
Beginning in January 2025 and each January thereafter, the Maximum One-Time Facilities Special Tax assigned to each Parcel shall be adjusted by the Escalation Factor. Each annual adjustment of the Maximum One-Time Facilities Special Tax shall become effective on the subsequent July 1. #8..
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CFD No. 2024-2 (FV #2) 8 June 27, 2024

2. Annual Maintenance Special Tax
Beginning in January 2025 and each January thereafter, the Maximum Annual Maintenance Special Tax shall be adjusted by the Escalation Factor. Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1.

E. METHOD OF LEVY OF SPECIAL TAXES

1. One-Time Facilities Special Tax
Prior to issuance of a Building Permit for a Parcel of Taxable Property, the One-Time Facilities Special Tax shall be levied on the Parcel in the amount of the One-Time Special Tax Requirement for the Parcel, as determined by the City.

2. Annual Maintenance Special Tax
Each Fiscal Year, the Administrator shall determine the Maintenance Special Tax Requirement for that Fiscal Year. The Annual Maintenance Special Tax shall then be levied on all Parcels of Taxable Property as follows:

Step 1: The Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Developed Property within the CFD up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel for such Fiscal Year; Step 2: If additional revenue is needed after Step 1, the Annual Maintenance Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Undeveloped Property for such Fiscal Year.

F. COLLECTION OF SPECIAL TAXES
The One-Time Facilities Special Tax shall be collected prior to a Building Permit being issued for any residential or non-residential structure on Taxable Property and shall be immediately delinquent if not so paid.

The Annual Maintenance Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the City may directly bill, collect at a different time or in a different manner, and/or collect delinquent Annual Maintenance Special Taxes through foreclosure or other available methods. The Annual Maintenance Special Tax will continue to be levied and collected unless and until the City determines that Annual Maintenance Special Tax revenues are no longer needed to pay for Authorized Services.

G. EXEMPTIONS
No Special Taxes shall be levied on Public Property or Owners Association Property, as defined herein. Notwithstanding the foregoing, if in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel shall be subject to the levy of Special Taxes. In such case, #8..
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CFD No. 2024-2 (FV #2) 9 June 27, 2024
the City shall determine the appropriate Maximum Special Taxes for the Parcel based on the land uses to be constructed on the Parcel.

H. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning the Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.
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ATTACHMENT 1

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-2
(FAIRVIEW VILLAGE #2)
Maximum Special Taxes Assigned to Each Original Parcel
Assessor’s
Parcel
Number
Fiscal Year
2024-25
Maximum One-Time
Facilities Special Tax [1]
Fiscal Year
2024-25
Maximum Annual
Maintenance Special Tax [2]
056-027-009 $1,834,935 $191,716

1. Beginning in January 2025 and each January thereafter, the Maximum One-Time Facilities Special Tax shall be adjusted by the Escalation Factor. Each annual adjustment of the Maximum One-Time Facilities Special Tax shall become effective on the subsequent July 1.

2. Beginning January 2025 and each January thereafter, the Maximum Annual Maintenance Special Tax shall be adjusted annually by the Escalation Factor. Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1. #8..
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APN
056-027-009
APN
056-028-010
APN
056-028-014
APN
056-028-012
APN
056-028-015
APN
056-027-010
APN
056-028-013
APN
056-028-008
APN
056-028-007
N00°31'14"E 1309.42'
N89°57'49"W 2457.12'
N00°15'49"W 2604.35'
N89°52'30"W 1262.83'
N00°17'10"W 802.56'
N89°52'30"W 542.77'
N00°17'15"W 772.58'
S00°15'01"E 29.98'
N89°52'30"W 1990.17'
N45°05'00"W 21.13'
S00°17'30"E 2123.51'
N00°17'30"W
460.10' N00°17'36"W 1176.77'
R=6050 0. 0' Δ=1°54 3' 3" L=201.59 N02°11'54"W 392.50'
N43°04'02"E 21.11'
N88°19'57"E 187.63'
Δ=R
3=450.00'
L=2
2 5
°25'40" 4.69
N59°14'23"W
401.75'
R=1650.00' Δ=22°20'21" L=643.33
50'
50'

ST SALAZAR CIR

ST THERESA WAY

CARPENTER ROAD

HATCH ROAD

WHITMORE AVE

TUOLUMNE RIVER

ST SEBASTIAN WAY
TID LATERAL NO. 1

FUTURE ANNEXATION AREA
204.89 ACRES
FAIRVIEW VILLAGE #2

40.15 ACRES

FUTURE ANNEXATION AREA

21.99 ACRES
N89°51'42"W 1075.06'
N28°37'09"E 525.20'
R=417.50'
Δ=6°46'53"
L=49.41
N89°28'46"W 1106.02'
888.03'
830.41'
N89°28'46"W
141.26'
N87°05'35"W 120.09'
1 1

WHITMORE AVE

CARPENTER RD

TUOLUMNE RIVER

HATCH RD

ST SALAZAR CIR
TID
SITE

MODESTO SEWAGE

DISPOSAL PLANT

IRONSIDE DR

USTICK RD

PROPOSED BOUNDARIES OF
CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2024-2 (FAIRVIEW VILLAGE #2)

CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA FILED THIS DAY OF , 2024, AT THE HOUR OF O'CLOCK .M.

IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) , IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA.

DONNA LINDER, COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA BY: ____________________________________ PRINT NAME

COUNTY RECORDER'S STATEMENT

I HEREBY CERTIFY THAT THIS MAP SHOWING THE PROPOSED BOUNDARIES OF CITY OF MODESTO COMMUNITY FACILITIES DISTRICT 2024-2 (FAIRVIEW VILLAGE #2), CITY OF MODESTO, COUNTY OF

STANISLAUS, STATE OF CALIFORNIA, WAS APPROVED BY THE COUNCIL OF THE CITY OF MODESTO AT A REGULAR MEETING THEREOF, HELD ON THE _____ DAY OF _________________, 2024, BY ITS RESOLUTIONS NO. 2024-________________.

STEPHANIE LOPEZ, CITY CLERK
BY: _________________________________ __________________________________

PRINT NAME
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MODESTO SHOWING THIS ______ DAY OF ___________________, 2024.

STEPHANIE LOPEZ, CITY CLERK
BY: ________________________________ ___________________________________

PRINT NAME

CITY CLERK'S STATEMENTS
odellengineering.com
1165 Scenic Drive, Suite A
Modesto, CA 95350
LEGEND

PROPOSED BOUNDARIES OF COMMUNITY
FACILITIES DISTRICT NO. 2024-2
125 250 500
SCALE: 1" = 250'
0 NOT TO SCALE

VICINITY MAP

FUTURE ANNEXATION AREA
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

August 5, 2024
Date: June 25, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Agreement with Valley First Credit Union for two Revolving Loan Fund Programs for Main Street Business Beautification and Main Street Business Development CONTACT: Trevin W. Barber, Economic Development Manager [email protected], 209-571-5566
DESCRIPTION:

Consider a Modesto Forward Grant Agreement with Valley First Credit Union for two revolving loan fund programs — “Business Beautification” and “Business Incentives,” not to exceed $500,000 for each program over two and a half years and forwarding to Council for approval. (Funding Source: American Rescue Plan Act Funds)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Goal E. Drive Economic Vitality: Drive the success of a vibrant and economically sustainable business climate.

BACKGROUND:

On March 11, 2021, President Joe Biden signed the American Rescue Plan Act (ARPA) into law.

The City of Modesto received approximately $45.8 million in ARPA funds in two tranches to help address the continued impact of the COVID-19 pandemic on the economy, public health, individuals, and businesses.

The City of Modesto may use ARPA funds to address a number of areas, including:

1. Replace revenue that was lost, delayed, or decreased as determined based on the projections as of January 27, 2020 as a result of the COVID-19 emergency;

2. Respond to the COVID-19 emergency and address its economic effects, including through aid to households, small businesses, nonprofits, and industries such as tourism and hospitality;
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Economic Development Committee, August 5, 2024
Revolving Loan Funds for Business Beautification and Business Incentives

Page 2 of 5 ends

Economic Development CommitteeAugust 5, 2024

Economic Development Committee
August 5, 2024