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Agenda packet

Modesto City Council
March 4, 2025

Document
Agenda packet
Meeting
March 4, 2025
Body
Modesto City Council
Pages
27
Original file
69.8 MB
Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, March 04, 2025 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.

As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID: 958 9549 7651
 Passcode: 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.

Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 2 -
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Pledge of Allegiance to the Flag
Invocation: Jeremy Brown, Chaplain with Doctors Medical Center City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Council member.

Consent

1. Consider approving the minutes for the February 25, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes for the February 25, 2025 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 3 -
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Consent

2. Consider accepting the 2024 General Plan Annual Progress Report and authorizing staff to submit it to the State of California. (Funding Source: General Fund) Staff Recommendation:
 Resolution accepting the 2024 General Plan Annual Progress Report and authorizing staff to submit it to the State of California.

CED; Jessica Hill, 209-577-5211, [email protected]
Consent

3. Consider approving the addition of Moore Iacofano Goltsman, Inc. (MIG) to the OnCall Consultant Services Agreements for Municipal Planning Services and amending the Agreements with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA), by decreasing the agreements by $75,000 per consultant for a total not to exceed $900,000. (Funding Source: Developer Fees) Staff Recommendation:
 Resolution approving the addition of Moore lacofano Goltsman, Inc. (MIG) to the On-Call Consultant Services Agreements for Municipal Planning Services and amending the Agreements with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA), by decreasing the agreements by $75,000 each, for a new agreement total of $225,000 per consultant for a total not to exceed $900,000 and authorizing the City Manager or his designee to execute the Consultant Services Agreements.

CED; Leslie Danhoff, 209-577-5211, [email protected] Consent

4. Consider approving a First Amendment to the Agreement with Scotts PPE Recon Inc., Lodi, CA for Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services increasing the Agreement amount by $200,000. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving a First Amendment with Scotts PPE Recon Inc., for Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services increasing the Agreement amount by $200,000 to a revised estimated annual amount of $90,000 and a total amount not to exceed $450,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent

5. Consider approving the Agreements for Portable Toilet Rental Services to United Site Services, Inc. of Modesto, CA and Clean Site Service of Highlands, CA for a total combined amount not to exceed $655,770 over five years. (Funding Source: Various Funds)
Staff Recommendation:
 Resolution approving the Award of Bid and Agreements for Portable Toilet Rental Services to United Site Services Inc., Modesto, CA and Clean Site Service, North Highlands, CA for a two-year Agreement with three one-year - 4 -
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extension options, for an annual estimated amount of $131,154 and a total amount not to exceed $655,770 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.

PRN; John Skeel, 209-577-5216, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on February 12, 2025.

6. Hearing to consider approving the application of Lennar Homes of California LLC for the rezone of approximately 22.6 acres in the Kiernan Business Park Specific Plan from Specific Plan (SP) Zone to Planned Development Zone P-D(617). (Funding Source: Developer Funded)
Staff Recommendation:
 Resolution approving a Development Plan for Planned Development Zone PD(617).  Resolution adopting a Mitigated Negative Declaration for a rezone of 22.6 acres from Specific Plan (SP) Zone to Planned Development Zone P-D(617)  Motion introducing and waiving the first reading of an Ordinance amending Section 1-3-8 of the Zoning Map to rezone 22.6 acres from Specific Plan Zone (SP), to Planned Development Zone P-D(617), property located at the northwest corner of Pelandale Avenue and American Avenue (Lennar Homes of California, LLC.).

CED; Katharine Martin, 209-577-5267, [email protected] Published in the Modesto Bee on February 21, 2025.

7. Hearing to consider approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Allstar Ambulance the City of Modesto. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Allstar Ambulance in the City of Modesto.

POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
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ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, February 25, 2025 at 5:30 PM
Special City Council - Closed Session Meeting 4:15 p.m.:

Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Williams, Wright, Mayor Zwahlen

Absent: Ricci
Regular City Council Meeting, 5:30 p.m.:

Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Williams, Wright, Mayor Zwahlen

Absent: Ricci
Pledge of Allegiance to the Flag
Invocation: Jeff Pishney, Love Stanislaus County
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring March as National Women's History Month. (Funding Source:

Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] #1..
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ACTION: Mayor Zwahlen presented proclamation declaring March as National Women's History Month.

2. Presentation of Award from National Town Watch Association for the City of Modesto's participation in National Night Out 2024. (Funding Source: Not Applicable) POLICE DEPARTMENT; Charlene Aragon, 209-342-9175,
[email protected]
ACTION: Lieutenant Michael Hammond presented the Award from National Town Watch Association for the City of Modesto's participation in National Night Out 2024.

MISCELLANEOUS

3. Consider accepting the resignations of Austin Grant and Joel Campos from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting the resignations of Austin Grant and Joel Campos from the City of Modesto’s Equity Commission.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Williams/Wright; 6/0) Resolution 2025-060 accepting the resignations of Austin Grant and Joel Campos from the City of Modesto’s Equity Commission.

PUBLIC COMMENT IN PERSON
 James Varble, secretary and president-elect of the McHenry Museum and Historical Society addressed the Modesto City Council to clarify concerns. He acknowledged past filing issues, now resolved, and dismissed claims from disruptive individuals demanding confidential information and an employee’s termination. He affirmed proper donation handling and corrected misinformation about a history book coauthored by the Executive Director. Varble reiterated the Society’s commitment to preserving local history and working with the City.
 Jesse Wiggins, a Modesto realtor and member of the Board of Building Appeals, addressed the Council about the lack of support for property owners in maintaining rental properties. While tenant advocacy programs exist, she noted a gap in resources for owners, especially those who are elderly or inherited properties. She proposed a referral program to help owners with repairs and code compliance and has discussed the idea with a City Representative.
 Danielle Morgart, representing Assemblyman Juan Alanis, provided a legislative update.

She highlighted two key bills: AB 767, preventing the placement of sexually violent predators near schools and daycares, and AB 873, streamlining dental training to address workforce shortages. Alanis introduced 18 bills and coauthored numerous others. She encouraged the Council to reach out with any questions. #1..
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 Juan Telles, a West Modesto resident and community organizer, spoke about the need for transparency and collaboration in the City's strategic planning process. He proposed partnering on listening sessions across Modesto to gather resident input, followed by a town hall to share decisions and priorities. Telles emphasized his role in bringing community voices to the table for a more inclusive and revitalized City.  Claudia Ponce, a Modesto resident from District 2, raised concerns about infrastructure issues in South Side Modesto, including flooding, lack of sidewalks, and unsafe conditions for children. She also highlighted a growing trash problem, with some areas becoming dumping sites. Ponce suggested adding trash cans at bus stops and organizing City-supported cleanups to improve the community.
 Lucas expressed concerns about increasing graffiti around Wood Colony and McHenry Ave., affecting businesses and properties. He also questioned the benefits of a proposed roundabout at an intersection near Carpenter Rd., seeking clarification on its impact.  Daisy Mayorga urged City leaders to support local innovation and emerging technologies like blockchain, AI, and Web3 to prevent the community from falling behind. She highlighted efforts since 2019 to bring tech education to the region, including the 2023 launch of Yuda, which provides training in these fields. She criticized the lack of local government support for startups and the failure of SB 701, which aimed to create blockchain-related degrees. Mayorga emphasized that other cities investing in these technologies are thriving, while those that don’t risk losing talent and economic opportunities. She called for action to secure funding, support education, and invest in the future.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: (4-20; Bavaro/Escutia-Braaton; 6/0)

CONSENT
Consent

4. Consider approving the minutes for the February 4, 2025 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes for the February 4, 2025 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Motion approving the minutes for the February 4, 2025 Council Meeting.

Consent

5. Consider directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6). (Funding Source: Landscape Maintenance Assessment District No. 1)
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 Resolution directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6).

CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-061 directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6).

Consent

6. Consider directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2). (Funding Source: Landscape Maintenance Assessment District No. 2)
 Resolution directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2).

CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-062 directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2).

Consent

7. Consider directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District (Funding Source: Shackelford Landscape and Lighting District)
 Resolution directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District.

CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-063 directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District.

Consent

8. Consider approving the submission of the City’s Local Transportation Funds Fiscal Year 2023-24 and 2024-25 Claim for Non-Motorized and Other Purposes (bike lanes #1..
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and pedestrian pathways) in the amount of $487,911, to the Stanislaus Council of Governments (StanCOG). (Funding Source: Local Transportation Funds)  Resolution approving the submission of the City’s Local Transportation Funds Fiscal Year 2023-24 and 2024-25 Claim for Non-motorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $487,911 to the Stanislaus Council of Governments (STANCOG) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
 Resolution amending the Fiscal Year 2024-2025 Capital Improvement Program Budget to fund project #100813 (Virginia Corridor Phase VII) in an amount not to exceed $645,521 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager or his designee, to implement the provisions of this Resolution.

ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-064 approving the submission of the City’s Local Transportation Funds Fiscal Year 2023-24 and 2024-25 Claim for Non-motorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $487,911 to the Stanislaus Council of Governments (STANCOG) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-065 amending the Fiscal Year 2024-2025 Capital Improvement Program Budget to fund project #100813 (Virginia Corridor Phase VII) in an amount not to exceed $645,521 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager or his designee, to implement the provisions of this Resolution.

Consent

9. Consider accepting the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project as complete, releasing securities, releasing payments totaling $1,125,289 to DDS Company, doing business as (DBA) Knife River Construction, of Stockton, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
 Resolution accepting the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project as complete, releasing securities, releasing payments totaling $1,125,289 to DDS Company, doing business as (DBA) Knife River Construction, of Stockton, CA, and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-066 accepting the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project as complete, releasing securities, releasing payments totaling $1,125,289 to DDS Company, doing business as (DBA) Knife River Construction, of Stockton, CA, and authorizing the City Clerk to file a Notice of Completion. #1..
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Consent

10. Consider accepting the Park Turf Reduction Phase I Project as complete, releasing securities, releasing payments totaling $345,092 to Marina Landscape, Inc., of Orange, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source:

American Rescue Plan Act (ARPA), Urban Community Drought Relief Grant Program)
 Resolution accepting the Park Turf Reduction Phase I Project as complete, releasing securities, releasing payments totaling $345,092 to Marina Landscape, Inc., of Orange, CA., and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-067 accepting the Park Turf Reduction Phase I Project as complete, releasing securities, releasing payments totaling $345,092 to Marina Landscape, Inc., of Orange, CA., and authorizing the City Clerk to file a Notice of Completion.

Consent

11. Consider accepting the Sutter Trunk Rehabilitation Phase 2 Project as complete, releasing securities, releasing payments totaling $5,335,597 to A. Teichert & Son, Inc., doing business as (DBA) Teichert Construction, of Roseville, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund)  Resolution accepting the Sutter Trunk Rehabilitation Phase 2 Project as complete, releasing securities, releasing payments totaling $5,335,597 to A.

Teichert & Son, Inc., DBA Teichert Construction, of Roseville, CA, and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-068 accepting the Sutter Trunk Rehabilitation Phase 2 Project as complete, releasing securities, releasing payments totaling $5,335,597 to A. Teichert & Son, Inc., DBA Teichert Construction, of Roseville, CA, and authorizing the City Clerk to file a Notice of Completion.

Consent

12. Consider accepting the Monthly Investment Report for December 2024. (Funding Source: Various Funds)
 Motion accepting the Monthly Investment Report for December 2024.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Bavaro/Escutia-Braaton; 6/0) Motion accepting the Monthly Investment Report for December 2024.
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Consent

13. Consider accepting an Informational Report on the November and December 2024 Grant Applications and Awards. (Funding Source: Not Applicable)  Motion accepting an Informational Report for November and December 2024, Grant Applications and Awards.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Bavaro/Escutia-Braaton; 6/0) Motion accepting an Informational Report for November and December 2024, Grant Applications and Awards.

Consent

14. Consider approving the Audited Financial Statements and various Audit Reports for Fiscal Year 2023-2024, audited by external auditor Vasquez & Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen Community Facilities Districts (CFDs), Measure H, Single Audit, and various Joint Powers Agencies. (Funding Source: Not Applicable)
 Resolution approving the Audited Financial Statements and various Audit Reports for Fiscal Year 2023-2024 audited by external auditors Vasquez & Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen Community Facilities Districts (CFDs), Measure H and various Joint Powers Agencies (JPAs).
 Resolution approving the audited Fiscal Year 2023-2024 Federal Single Audit report for the City of Modesto from external auditors Vasquez & Company, LLP.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-069 approving the Audited Financial Statements and various Audit Reports for Fiscal Year 2023-2024 audited by external auditors Vasquez & Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen Community Facilities Districts (CFDs), Measure H and various Joint Powers Agencies (JPAs).

ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-070 approving the audited Fiscal Year 2023-2024 Federal Single Audit report for the City of Modesto from external auditors Vasquez & Company, LLP.

Consent

15. Consider approving the Purchasing Agreements for the purchase of Transit Motor Parts with Gillig (LLC) Limited Liability Company, Hayward, CA, and Fleet Motor Parts and Services with Municipal Maintenance Equipment (MME), Sacramento, CA for a total amount not to exceed $3,575,000. (Funding Source: Fleet Fund and Stanislaus Regional Transit Authority)
 Resolution approving the Purchasing Agreement for the purchase of Transit Motor Parts with Gillig LLC, Hayward, CA, for a two-year Agreement with #1..
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three one-year extension options, for an annual estimated amount of $385,000 and a total amount not to exceed $1,925,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.  Resolution approving the Purchasing Agreements for the purchase of parts and repair services with Municipal Maintenance Equipment, Sacramento, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $330,000 and a total amount not to exceed $1,650,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-071 approving the Purchasing Agreement for the purchase of Transit Motor Parts with Gillig LLC, Hayward, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $385,000 and a total amount not to exceed $1,925,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.

ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-072 approving the Purchasing Agreements for the purchase of parts and repair services with Municipal Maintenance Equipment, Sacramento, CA for a two-year Agreement with three oneyear extension options, for an annual combined estimated amount of $330,000 and a total amount not to exceed $1,650,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.

Consent

16. Consider approving the First Amendment with Neil Sullivan LLC, Concord, California for Executive Team and Management Engagement Services increasing the Agreement amount to $50,000. (Funding Source: Various Funds)
 Resolution approving the First Amendment with Neil Sullivan LLC, Concord, California for Executive Team and Management Engagement Services increasing the Agreement amount by $50,000 to a new total amount of $200,000 through the term of the Agreement; and authorizing the City Manager or his designee to execute the Amendment.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-073 approving the First Amendment with Neil Sullivan LLC, Concord, California for Executive Team and Management Engagement Services increasing the Agreement amount by $50,000 to a new total amount of $200,000 through the term of the Agreement; and authorizing the City Manager or his designee to execute the Amendment.

Consent

17. Consider approving the Agreements with Bolt Staffing Service, Inc., Stockton, CA and Tryfacta, Inc., Stockton, CA for the furnishing of Temporary Staffing Services, for a #1..
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total amount not to exceed $2,596,340 over five years. (Funding Source: Various Funds)
 Resolution approving the Agreements for the furnishing of Temporary Staffing Services with Bolt Staffing Service, Inc., Stockton, CA, for a two-year agreement with three one-year extension options, for an annual combined estimated amount of $519,268 and a total combined amount not to exceed $2,596,341 over five years and authorizing the City Manager or his designee to execute the Agreements.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-074 approving the Agreements for the furnishing of Temporary Staffing Services with Bolt Staffing Service, Inc., Stockton, CA, for a two-year agreement with three one-year extension options, for an annual combined estimated amount of $519,268 and a total combined amount not to exceed $2,596,341 over five years and authorizing the City Manager or his designee to execute the Agreements.

Consent

18. Consider approving establishing the creation of a new fund to track the Opioids Settlement Proceeds and Opioids Spending Plan as defined by the State of California Department of Health Care Services (DHCS). (Funding Source: Settlement Proceeds)  Resolution approving the creation of a new Fund, 1890 – Opioid Settlements Fund, to track the Opioids Settlement Proceeds and Opioids Spending Plan as defined by the State of California Department of Health Care Services (DHCS).  Resolution approving an amendment to the Fiscal Year 2024-2025 Multi-Year Operating Budget to fund Project 101646 – Opioid Settlement Funds in the amount of $1,728,302 to increase expenditures and recognize revenue for the Opioids Spending Plan based upon the settlement amounts.

POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-075 approving the creation of a new Fund, 1890 – Opioid Settlements Fund, to track the Opioids Settlement Proceeds and Opioids Spending Plan as defined by the State of California Department of Health Care Services (DHCS).

ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-076 approving an amendment to the Fiscal Year 2024-2025 Multi-Year Operating Budget to fund Project 101646 – Opioid Settlement Funds in the amount of $1,728,302 to increase expenditures and recognize revenue for the Opioids Spending Plan based upon the settlement amounts.

Consent

19. Consider approving the First Amendment with Audeamus DBA Sebastian, Fresno, CA, for the Building Intrusion Alarm Services, increasing the Agreement for a total amount not to exceed $206,694 over five years. (Funding Source: Building Maintenance Fund) #1..
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 Resolution approving the First Amendment with Audeamus DBA Sebastian, for the Building Intrusion Alarm Services, increasing the Agreement amount by $122,696 for a new total amount not to exceed $206,694; and authorizing the City Manager, or his designee to execute the Amendment.

PUBLIC WORKS; Gabe daSilva, 209-342-2281, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-077 approving the First Amendment with Audeamus DBA Sebastian, for the Building Intrusion Alarm Services, increasing the Agreement amount by $122,696 for a new total amount not to exceed $206,694; and authorizing the City Manager, or his designee to execute the Amendment.

Consent

20. Consider approving an Agreement with Carollo Engineers, Inc., Sacramento, CA for Standard Operating Procedures Development and Gap Analysis Services for a total amount not to exceed $801,220. (Funding Source: Sewer Operations Fund)  Resolution approving an Agreement with Carollo Engineers, Inc., Sacramento, CA, for Standard Operating Procedures Development and Gap Analysis Services in the amount of $728,382, plus $72,838 in additional services, if needed, for a total amount not to exceed $801,220; and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2023-2024 Non-Capital Improvements Program budget to increase Project Number 101474 - SOP Development by $401,220, from $400,000, for a revised total amount not to exceed $801,220, in transfers, revenue, and discretionary expenditures, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-078 approving an Agreement with Carollo Engineers, Inc., Sacramento, CA, for Standard Operating Procedures Development and Gap Analysis Services in the amount of $728,382, plus $72,838 in additional services, if needed, for a total amount not to exceed $801,220; and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-079 amending the Fiscal Year 2023-2024 Non-Capital Improvements Program budget to increase Project Number 101474 - SOP Development by $401,220, from $400,000, for a revised total amount not to exceed $801,220, in transfers, revenue, and discretionary expenditures, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

COUNCIL COMMENTS & REPORTS
Vice-Mayor Bavaro reported on multiple police operations targeting smoke shops in Modesto, revealing widespread illegal activity. Recent inspections led to numerous arrests and the seizure of illegal tobacco, cannabis, meth pipes, firearms, and gambling funds. #1..
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2/25/2025 5:30:00 PM
Investigations showed many smoke shops serve as fronts for crimes, including illegal gambling and drug sales, often targeting youth with cartoon-themed packaging. Bavaro emphasized that these businesses contribute no social or economic value and expressed support for an upcoming Smoke Shop ordinance.

Council Member Williams recapped several community events from the past weekend. On Friday, the City honored the late Rebecca Harrington, a dedicated community advocate, with a well-attended celebration of her life. On Saturday, the Kiwanis convention took place in Modesto, bringing over 600 attendees from California, Nevada, and Hawaii. The North Modesto Kiwanis Club, led by Chairperson Anna, did an excellent job hosting. That evening, Williams attended the Modesto Firefighters Association crab feed, which was well-attended and enjoyable. Additionally, Williams spoke to the Central Valley Association of Realtors (CVAA) about upcoming housing developments in Modesto and encouraged involvement in City commissions, particularly in housing. He highlighted a City program that assists homeowners in need of repairs, directing residents to Modesto's website for more information. Council Member Williams added two important upcoming events in celebration of Black History Month. The first on February 26th at the Red Event Center on 801 Eighth Street at 11:30 AM, featuring four speakers. The second event is on February 28th at the King Kennedy Center, 601 North Martin Luther King Drive, at 5:30 PM, offering a free Black History Month program with light food. Williams emphasized the importance of sharing this information with the community.

Council Member Alvarez discussed various initiatives and advocacy efforts, particularly addressing infrastructure issues in South Modesto. In 2023, Alvarez supported a $16 million budget request for infrastructure improvements in unincorporated areas, collaborating with Senator Marie Alvarado-Gil's office and Supervisor Condit. He highlighted ongoing efforts with Measure H-funded blight mitigation programs, where City trucks respond to constituent requests to tackle blight and debris. Alvarez also mentioned upcoming community meetings for the City's five-year consolidated plan, which will focus on affordable housing, homelessness, and social services. The first workshop in District 2 will be on February 26th at the King Kennedy Center, followed by another on March 3rd at the Airport Neighborhood Collaborative.

Council Member Escutia-Braaton praised the dedication and hard work of local firefighters, who respond to around 43,000 calls yearly, averaging 30 to 70 calls a day. She highlighted their bravery and courage and celebrated them at a recent crab feed. Escutia-Braaton also shared her participation in the National Association of Regional Councils conference, representing the Stanislaus Council of Governments. She attended the installation of Rabbi Caitlin Bromberg at Beth Shalom and expressed excitement for an upcoming trip to Sacramento to advocate for local transportation funding. She added the importance of public feedback on local projects and encouraged residents to participate in community events or provide input through an online survey on the Modesto website. #1..
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CITY MANAGER COMMENTS & REPORTS
None.

HEARINGS
Published in the Modesto Bee on February 14, 2025. - Item requested to be continued to March 11, 2025 Council meeting.

21. Hearing to consider approving an application for a Conditional Use Permit and Operating Agreement by Outfront Media to allow a digital freeway billboard located on the east side of State Highway 99 and south of Evergreen Avenue, located at 2024 W. Orangeburg Avenue. (Funding Source: Application Fee)  Motion to continue item to March 11, 2025.

CED; Edwin Borquez, 209-577-5516, [email protected] ACTION: (Wright/Williams; 6/0) Motion to continue item to March 11, 2025.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 6:32 P.M.

Attest:____________________________
Diane Nayares-Perez, City Clerk
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All Closed Session Matters heard prior to the meeting.

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Claim (Pursuant to Section 54956.9(d)(2) of the Government Code) Name of Claim: Sergio Gonzalez v. City of Modesto, et al.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 601 Neece Dr., Modesto, CA 95351; APN: 102-012-001 and 102-012-004 Property Owners: City of Modesto
Negotiating Parties:

For City: Joseph P. Lopez, City Manager
For Lessee: DBH Modesto, LLC
Under Negotiation: Price and Terms of Lease
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 4, 2025
Date: February 25, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: 2024 General Plan Annual Progress Report
CONTACT: Jessica Hill, Director of Community and Economic Development [email protected], 209-577-5211
DESCRIPTION:

Consider accepting the 2024 General Plan Annual Progress Report and authorizing staff to submit it to the State of California. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2020-2025 Strategic Plan, Goal D: Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

California Government Code Section 65400(a)(2) requires that public agencies prepare a General Plan Annual Progress Report, which must be provided to the City Council. The 2024 General Plan Annual Progress Report provides updates regarding the status of the Urban Area General Plan and progress toward its implementation, including the degree to which Modesto has met its share of the regional housing needs allocation through the production of housing. A jurisdiction is required to provide this annual report to its legislative body (City Council), the California Office of Planning and Research, and the Department of Housing and Community Development by April 1 st of each year.

DISCUSSION:

The General Plan includes goals and policies upon which proposed development projects are analyzed for conformance, and to identify necessary actions to be taken to achieve the overall vision for the community. The 2024 General Plan Annual Progress Report includes major implementation activities that occurred during the calendar year. The 2024 General Plan Annual Progress Report includes reporting for progress pertaining to the City’s Housing Element, which is one of nine required general plan elements. The State of California Housing and Community Development Department (HCD) requires municipalities submit information that allows HCD to track any impediments to the construction of new housing that may exist and to monitor progress toward satisfaction of statewide housing needs and goals. New forms have been added in recent #2..
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City Council, March 4, 2024
2024 General Plan Annual Progress Report

Page 2 of 2 ends

years for the reporting on other State housing goals as requirements change. The State requires that all annual reporting be submitted prior to April 1st each year.

FISCAL IMPACT:

Staff costs associated with the preparation of the General Plan Annual Progress Report are included in the General Fund budget. Submittal of the report to the State ensures that the City of Modesto is eligible for certain grant funding opportunities.

COMMITTEE RECOMMENDATION:

The 2024 General Plan Annual Progress Report was presented to the Planning Commission on February 24, 2025, and the Commission recommended forwarding the report to City Council for approval.

CEQA/NEPA REQUIREMENTS:

The review and acceptance of the 2024 General Plan Annual Progress Report is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to actions that have the potential to cause a significant impact on the environment.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the 2024 General Plan Annual Progress Report and authorizing staff to submit it to the State of California.

Approved by:

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

1. City Council Resolution 2024 Annual Progress Report

2. 2024 General Plan Annual Progress Report
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March 4, 2025/CEDD/JHill/Item # 1 2025-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION ACCEPTING THE 2024 GENERAL PLAN ANNUAL PROGRESS

REPORT AND AUTHORIZING STAFF TO SUBMIT IT TO THE STATE OF

CALIFORNIA
WHEREAS, California Government Code Section 65400(a)(2) requires that local governments prepare an Annual Progress Report regarding General Plan implementation, including matters related to meeting the applicable share of regional housing needs (California Government Code Section 65584); and
WHEREAS, the 2024 General Plan Annual Progress Report provides updates regarding the status of the Urban Area General Plan and progress toward its implementation, including the degree to which Modesto has met its share of regional housing needs allocation through production of housing; and WHEREAS, the 2024 General Plan Annual Progress Report includes major implementation activities that occurred during the calendar year; and WHEREAS, the 2024 General Plan Annual Progress Report includes reporting for progress pertaining to the City’s Housing Element, which is one of nine required general plan elements; and
WHEREAS, the State of California Housing and Community Development Department (HCD) requires municipalities submit information that allows HCD to track any impediments to the construction of new housing that may exist and to monitor progress toward satisfaction of statewide housing needs and goals; and #2..
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March 4, 2025/CEDD/JHill/Item # 2 2025-xxx
WHEREAS, the State has recently required that all annual reporting be submitted prior to April 1st each year; and
WHEREAS, the Planning Commission of the City of Modesto recommended the acceptance of and authorization to submit the 2024 General Plan Annual Progress Report to the State of California at its regular meeting on February 24, 2024.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the 2024 General Plan Annual Progress Report.

BE IT FURTHER RESOLVED that Staff is hereby directed to submit the 2024 General Plan Annual Progress Report to the State of California. #2..
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March 4, 2025/CEDD/JHill/Item # 3 2025-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of March, 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:

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

BY:

JOSE M. SANCHEZ, City Attorney
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2024 General Plan Annual Report
General Plan Annual Report
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City of Modesto 2024 General Plan Annual Report
2 TABLE OF CONTENTS
I: INTRODUCTION.......................................................................................................................3 II: OVERVIEW OF GENERAL PLAN STATUS WITH STATE GENERAL PLAN GUIDELINES ..............3 III: IMPLEMENTATION OF THE GENERAL PLAN...........................................................................5 IV: HOUSING ELEMENT REPORT .............................................................................................6 Table and Figures
Table II-1: Correspondence Between Modesto General Plan and State-Mandated Elements .............................................................................4 Table IV-1: Planning Applications Received, 2024...................................................................9 Table IV-2: 2024 Residential Building Permit Activity…………………………………………. 10 Table IV-3a: Modesto 5th Cycle Housing Element RHNA Progress…….……………………….10 Table IV-3b: Modesto 6th Cycle Housing Element RHNA Progress……………………………..11 Table IV-4: 2024 Stanislaus County Income Categories .......................................................11 Table IV-5: 2024 Stanislaus County Household Income Limits .............................................11 #2..
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City of Modesto 2024 General Plan Annual Report
3 I. INTRODUCTION
A. Purpose of the Annual Report
This Annual Report on the Modesto Urban Area General Plan (Annual Progress Report) has been prepared pursuant to California Government Code Section 65400(a)(2) and covers activities for calendar year 2024. The purpose of this report is to update the Planning Commission, the City Council, the Governor’s Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD) regarding the City’s progress in implementing the General Plan, including progress toward accommodating its regional housing needs.

The Annual Report helps citizens and City officials review progress toward achieving the goals and objectives contained within the General Plan. It also provides the means to monitor the success of implementing the General Plan and to determine whether changes need to be made to the General Plan or its implementation programs.

B. Purpose of the General Plan
The General Plan is a comprehensive statement of the City’s goals and policies and how they will be achieved over time. Policies and programs in the General Plan provide guidance to the public, staff, and decision-makers on development issues. The General Plan provides guidance for making day-to-day decisions. The General Plan is adopted by the City Council after considering recommendations by citizens, public agencies, advisory bodies, and City staff.

II. OVERVIEW OF GENERAL PLAN STATUS WITH STATE GENERAL

PLAN GUIDELINES
Section 65400 of the Government Code requires jurisdictions to include the degree to which the approved General Plan complies with the State of California General Plan Guidelines (Guidelines) in the Annual Report. The Guidelines outline the general framework for preparation and revision of a General Plan, Attorney General Opinions, and the relationship of the General Plan to CEQA requirements. The Guidelines describe elements that are mandatory for all General Plans (see following paragraph). In general, however, the Guidelines are advisory rather than prescriptive, thus preserving opportunities for local jurisdictions to address contemporary planning topics in a locally appropriate manner. Planning Division staff reviewed the Guidelines and determined that the Modesto General Plan meets the requirements set forth therein.

The California Government Code requires that general plans include eight basic elements: Land Use, Circulation, Housing, Safety, Noise, Conservation, Open Space, and Environmental Justice. San Joaquin Valley cities must also include an Air Quality Element in their General Plans. Elements for other topics of local concern may be included at the discretion of the local agency. The table below shows where in the Modesto General Plan each required element is found.
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City of Modesto 2024 General Plan Annual Report
4 Table II-1: Correspondence Between General Plan and State-Mandated Elements Element
Chapter III
Community
Development
Chapter IV
Housing
Chapter V
Transportation
Chapter VI
Community
Facilities and
Services
Chapter VII
Environmental
Resources, Open
Space, and
Conservation
Air Quality x x x
Circulation x x
Conservation x x x
Housing x
Land Use x
Noise x
Open Space x
Safety x
Environmental
Justice x x x
Modesto’s General Plan was adopted in 1995, with a 2025 time frame or “horizon year.” The most substantial general plan amendments since 1995 were reported in Modesto’s previous General Plan Annual Reports; such projects that remain in progress as of this writing are shown below. The 2010 General Plan Amendment, adopted on March 5, 2019, was a major update to the Modesto Urban Area General Plan, including substantial new and revised transportation and land use policies. The new horizon year for the general plan is 2040.

General Plan Master Environmental Impact Report
The Master Environmental Impact Report (Master EIR) for the General Plan was last certified on March 5, 2019. The Master EIR is a comprehensive analysis of environmental impacts related to the growth anticipated in the General Plan. The Master EIR provides a substantial benefit for development projects that are described in the General Plan, facilitating streamlined environmental review.

The City is currently in the process of updating the General Plan’s Environmental Impact Report. In accordance the adopted 6th Cycle Housing Element that was found to be in substantial compliance with State Housing Element Law on April 10, 2024, the City is bringing forward updates to the General Plan that include the update of residential densities and other items. This proposed General Plan Amendment includes the adoption of a Programmatic Environmental Impact Report (PEIR), building on the previous Master EIR and taking into account factors that have changed since its passage, including the potential ramifications of the proposed changes including increased density.

The PEIR document is currently in the final administrative review process prior to being released for the mandatory 45-day public comment period. #2..
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City of Modesto 2024 General Plan Annual Report
5 III. IMPLEMENTATION OF THE GENERAL PLAN
The City of Modesto continues to actively implement policies of the General Plan including the goals, policies, and programs of the Housing Element. The following represents the progress the City has made towards implementing the General Plan and Housing Element goals and policies during 2024.

Community Development Policies (General Plan Chapter III) Specific Plan Process: Staff has updated the application materials for Specific Plans, allowing for flexibility in the submittal requirements on a case-by-case basis, allowing for an applicant to move forward with a more customized process that fits the scope and character of their proposal while still giving the City the adequate tools to ensure that future planning is being performed. Staff has created new processes for smaller-scale development that does not have enough impact to justify the requirement of a Specific Plan. For projects under 10 acres, applicants can create a Pinpoint Plan that narrows the scope down to primarily the site of development in question. For projects of 10 acres and above, a Focused Plan that has a wider scope, that of the connection between the proposed project and the surrounding Comprehensive Planning District, is now an option. The City of Modesto is also funding a Specific Plan for the Tivoli North development, an area with a high degree of developer interest that could result in the annexation of significant acreage and creation of a high volume of new housing options for Modestans.

Downtown Program Updates
Downtown Partnership Program: The City is working with community groups, developers, business owners, citizens, and other stakeholders to create an improved program for the downtown area. The program coordinates downtown management and operations and addresses the full range of issues that contribute toward a successful downtown, including policing and security, transportation and parking, entertainment and nightlife, marketing, special events, and fees.
 Specific downtown improvement programs have been funded:
o Technical studies for the proposed Quiet Zones (Zones) are underway, with diagnostic review team meetings with transportation agencies expected to take place in 2025 to finalize the required safety improvements necessary to qualify for quiet zone status. These Zones, proposed at downtown at-grade rail crossings, will improve the quality of life in the under-resourced downtown census tract and support the coming ACE Rail service to the Bay Area, Sacramento and Central Valley destinations.
o A public/private partnership with Visionary Builders to develop 79 affordable housing units with 5,000 square feet of commercial at 7th and J Street will anchor a revitalization of this south downtown neighborhood. The developer secured the final portion of funding towards the end of 2024, and construction of this groundbreaking mixed use affordable housing development is expected to begin in the fall of 2025.
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City of Modesto 2024 General Plan Annual Report
6 o The Camp2Home program is a model for breaking the cycle of homelessness with outreach, shelter, transitional and permanent housing and job training and employment.
o Several security improvements have taken place downtown, all with the goal of the area becoming a regional destination. Improvements include: the placement of additional security cameras, increased police focus on organized retail theft; and improved downtown lighting.

Downtown Master Plan: The City of Modesto prepared a Downtown Master Plan to build on recent initiatives to develop downtown Modesto to its true potential. The Master Plan aims to identify improvements to public space, street design, and infrastructure; and proposes new uses and economic development strategies. The Master Plan defines a set of design principles, identifies key opportunity sites, and establishes design guidance and implementation recommendations to guide future downtown development.
 The Tuolumne Gateway Park project will improve connection between downtown and southwest Modesto while supporting more river recreation with a new boat ramp, overlook boardwalk near the 9th Street bridge, and class 1 bike trails.  Pedestrian and bike accessibility to downtown will be expanded with Phase 7 extension of the Virginia Corridor north to Union Avenue. The City is currently seeking proposals from qualified firms for the development of engineering designs required by this project.  The Southwest Modesto Plan is intended to establish a vision for the future of Southwest Modesto, with a focus on enhancing opportunities for redevelopment. This plan was formally approved by City Council in 2024 and will serve as a guide for improvement of the Southwest Modesto community.
 The Downtown Revolving Loan Fund (DRLF) is in place to incentivize downtown development. The DRLF is intended to assist in reducing the immediate cost of development in downtown by providing a low interest loan for construction costs.

Housing (General Plan Chapter IV)
See Chapter IV. Housing Element Report.

Transportation (General Plan Chapter V)
Paradise Road Improvements: In 2024 the Paradise Road Area Pedestrian and Bicycle Safety Improvements project was completed. These improvements will provide safety for bicyclists and pedestrians in the Paradise Road area and accommodate other modes of travel throughout central Modesto. The scope of work included the installation of sidewalks to fill gaps; installation of class II bicycle lanes, pedestrian crossings with refuge islands, curb extensions, medians, roundabouts at Paradise Road and Chicago Avenue, and Washington Street and I Street, and speed tables for traffic calming. The work also included installation of rapid flashing beacons and/or HAWK systems for pedestrian crossings. All work to occur within City of Modesto rightof-way. Paradise Road project limits were Sheridan Street to 1st Street; South Jefferson Street:
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City of Modesto 2024 General Plan Annual Report
7 Paradise Road to Vine Street; 1st Street: Vine Street to Sierra Drive; and G Street: Sierra Drive to 2nd Street.

Signal Timing Project: The City has an ongoing program of citywide signal timing, funded through the federal Congestion Mitigation and Air Quality Improvement program. In 2024, the City installed Adaptive Traffic Signal Timing on Oakdale Road from Scenic Drive to Sylvan Avenue. 2025 goal is to expand Adaptive Traffic Signal timing to other corridors. To further develop our capabilities in signal timing review, a project was started in 2024, to implement signal performance measures which are specific metrics for reviewing signal timing performance.

ACE Station Planning: Passenger rail service is expected to be available by 2026.

In addition, City staff continues to work to facilitate future passenger rail service being reestablished in downtown Modesto by participating in regional rail meetings associated with projects intended to extend the Altamont Corridor Express (ACE) service to Modesto and eventually Merced.

Community Facilities and Services (General Plan Chapter VI) Water Policies
The 2020 Joint Urban Water Management Plan (UWMP) was adopted by City Council in June 2021. The 2025 UWMP will kick off in 2025 and is due by July 1, 2026. The Modesto Water Conservation Plan and Water Shortage Contingency Plan also were updated with the 2020 UWMP and will be updated with the 2025 UWMP effort. The City submitted to the State its required annual Water Supply and Demand Report in June 2024 and its annual Water Loss Audit Report Validation in December 2024. These reports show that Modesto has adequate water supply to meet its expected water demands for the year and that the City is managing its water losses and working to reduce losses where practical.

City Utilities staff completed a Well Strategy Plan in Jan 2025 that updated our criteria and methodology for prioritizing wells for rehabilitation or replacement to keep our ability to pump groundwater supplies for the City’s current and future needs. In addition, Utilities staff have continued the annual water system strengthen-and-replace program to replace and upsize old, leaking water pipes resulting in improved performance and efficiency of the water system. The City, as part of two Groundwater Sustainability Agencies (GSA’s), also submitted revised Groundwater Sustainability Plans (GSP’s) in 2024 to address comments from the State and in early 2025 expects to receive letters of completeness on these Plans showing that the groundwater aquifers have plans in place to manage groundwater supplies sustainably. These GSP’s will initiate five-year updates by 2026 and the GSA’s also submit required annual groundwater level reports every April.

The City’s residential water meter installation program is 100% complete which meets the 2025 State-mandated deadline for metering requirements. The effort to develop a program to replace/update all existing water meters with Advanced Metering Infrastructure (AMI) technology is on hold pending a review of budget priorities of other large dollar projects. This project would allow the City to collect more data on water demand, notify customers sooner of potential leaks, and provide customers with more timely information on their water use. For 2025, the City is still conducting a design-build project to update its Supervisory Control And Data Acquisition (SCADA) systems for water, wastewater, and stormwater operations. This will provide systems operations crews and decision-makers with a more efficient and reliable data #2..
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City of Modesto 2024 General Plan Annual Report
8 management and communications platform in which to access and operate various utilities facilities.

Environmental Resources, Open Space and Conservation (General Plan Chapter VII)
Noise Policies
Noise policies continue to be implemented through conditions of approval, contracting requirements, and recommending changes to developments that may impact sensitive receptors located in noise-incompatible areas. These areas are identified by noise contours in the General Plan. Construction mitigation is applied either as a condition of approval or as a term of construction contracts with the City.
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City of Modesto 2024 General Plan Annual Report
9 IV. HOUSING ELEMENT REPORT
This section of the Annual Report describes the actions taken by the City toward completion of the programs in the Housing Element, including information regarding the development of housing at various income levels.

Planning Application Received in 2024
Planning-related entitlements and development permits must be deemed consistent with the General Plan to be approved. The Planning Commission and City Council conduct public hearings to weigh the merits of development proposals as they affect the implementation and integrity of the General Plan. A summary of 2024 planning applications and efforts is provided on Table IV-1 below.

Table IV-1: Planning Applications Received in 2024
Planning Applications Received 2024
Street Address Addition or Change 98
Zoning Conformance Letters 33
Promotional Banner Permits 32
Mobile Food Facilities 32
Development Plan Reviews 19
Parcel and Subdivision Maps 12
Sidewalk Vendor Permits 9
Rezones, P-D zones, P-D Amendments 7
Conditional Use Permits 5
Variances 4
Specific Plans 4
Administrative Plan Reviews 4
Specific Plan Amendments 3
Final Development Plans 3
Annexations 3
General Plan Amendments 2
Appeals 2
Second Story Reviews 1
Landmark Preservation 1
Miscellaneous 1
Total 275
In addition to the applications summarized above, planning staff reviewed business licenses, conducted plan check reviews to ensure Zoning Code compliance for proposed business, improvements, and new construction, prepared zoning verification letters and responded to customer inquiries on the phone and public counter. Additionally, during 2024, staff worked on a variety of tasks related to General Plan implementation, including:
 CEQA services to other City departments/divisions (ongoing)  Planning for housing through LEAP grant (ongoing)
 The Southwest Modesto Plan
 The establishment of an Agriculture Mitigation Program #2..
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City of Modesto 2024 General Plan Annual Report
10  Pre-application meetings with many developers interested in new Specific Plan Areas in the City of Modesto
 Streamlining the development process, including conversion to a fully-digitally capable application process.

Table IV-2: 2024 Residential Building Permit Activity (Issued Permits) Single-Family Units 32
Multi-Family Units 244
Accessory Dwelling Units 112
(Units Destroyed or Demolished) 5
Annexed Units 0
Net Total 383
6th Cycle (2023-2031) Housing Element Implementation
Pursuant to Government Code Section 65400, the City is required to prepare an annual report on the status and progress in implementing the City’s 6th Cycle (2023-2031) Housing Element using forms and definitions adopted by the Department of Housing and Community Development (HCD). While not attached, pertinent data from these forms is shared in the tables, below. Pursuant to Government Code 65400(a)(2)(B)(i)(I), the City must provide the progress in meeting its share of regional housing need for the sixth and previous revisions of the housing element. As such, the table for the 5th Cycle Housing Element is also provided below.

Table IV-3a: Modesto 5th Cycle Housing Element Regional Housing Needs Allocation (RHNA) Progress
Income Level
RHNA
Allocation by
Income Level
201520162017201820192020202120222023
Total
Units to
Date (all
years)
Total
Remaining
RHNA by
Income Level
Deed
Restricted - - - - - 103 - 14 29
Very Low Non-Deed
Restricted
1,546
- - - - - - - - -
146 1,400
Deed
Restricted - 50 - 5 - - - 1 12
Low Non-Deed
Restricted
991
- - - 1 5 10 193 - -
277 714
Deed
Restricted - - - - - - - - -
Moderate Non-Deed
Restricted
1,100
- 56 3 87 130 27 97 - 2
402 698
Above
Moderate 2,724 18 150 137 120 159 442 109 486 246 1,867 857 Total RHNA 6,361
Total Units 18 256 140 213 294 582 399 501 289 2,692 3,669 #2..
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City of Modesto 2024 General Plan Annual Report
11 Table IV-3b: Modesto 6th Cycle Housing Element RHNA Progress Stanislaus County Income Categories
The Department of Housing and Community Development (HCD) publishes annual tables of official federal and State income limits for a variety of programs. State limits are based on federal limits set and periodically revised by the U.S. Department of Housing and Urban Development (HUD). HUD’s limits are based on surveys of local area median income (AMI).

These income limits are identified in Chapter IV of the General Plan, and are updated in Table IV-2 below, using the “State Income Limits for 2024” memorandum published by the State Department of Housing and Community Development on May 9, 2024.

Table IV-4: 2024 Stanislaus County Income Categories
Category Definition Income Range
Household Median Income $92,600
Acutely low income Up to 15% of median Up to $13,900
Extremely Low Income 16% to 30% of median $13,901 to $30,000 Very Low Income 31% to 50% of median $30,001 to $42,200 Low Income 51% to 80% of median $42,201 to $67,500
Moderate 81% to 120% of median $67,501 to $111,100
Above Moderate More than 120% of median More than $111,100 Source: U.S. Department of Housing and Urban Development (income ranges for family of four) and California Department of Housing and Community Development #2..
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City of Modesto 2024 General Plan Annual Report
12 Table IV-5: 2024 Stanislaus County Household Income Limits Source: California Department of Housing and Community Development, June 6, 2023.

AB 2580
Government Code Section 65400 was amended by AB 2580 to require additional items in the annual General Plan Progress Report. This includes a list of all historic designations listed on the National Register of Historic Places, the California Register of Historic Places, or a local register of historic places by the City in the past year, and the status of any housing development projects proposed for the new historic designations, including all of the following:
(i) Whether the housing development project has been entitled (ii) Whether a building permit has been issued for the housing development project (iii) The number of units in the housing development project The City of Modesto did not have any designations to the National, California, or local registers of historic places in 2024.

The General Plan Progress Report must also specify the number of units approved and disapproved within each opportunity area. In the 2024 year, no units were approved or disapproved on opportunity sites in the City of Modesto. One unit reached Certificate of Occupancy for an Above-Moderate unit on a RHNA Opportunity Site in 2024, however this unit was approved in a previous year.

The progress in meeting the City’s share of regional housing need for the sixth and previous revisions of the Housing element are shown above, in Table IV-3.

Other Housing Element Related Implementation Activities.

City of Modesto 6th Cycle Housing Element (2023-2031): The Modesto City Council adopted an amendment to the General Plan approving the 6th Cycle Housing Element (for the 2023-2031 planning period) on December 5, 2023. The Housing Element identifies goals, policies, and programs that guide housing policy for the City during the 2023–2031 planning period. The goals, policies, and programs are generally consistent with the direction of the City’s other General Plan elements.

The City’s 6th Cycle Housing Element was found in substantial compliance with State Housing Element law by the Department of Housing and Community Development on April 10, 2024.

ADU Code Amendment:

The City adopted amendments to Title 10 (Zoning Regulations) regarding Accessory Dwelling Units in 2024 in order to comply with State laws governing ADUs that were amended by the Legislature. At the time, the most recent amendments to ADU laws were enacted by Assembly Bill No. 976 (Chapter 751, Statues of 2023), Assembly Bill No. 1033 (Chapter 752, Statues of 2023) which became effective on January 1, 2024, and Senate Bill No. 477 (Chapter 7, Statues of 2024) which became effective on March 25, 2024.
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City of Modesto 2024 General Plan Annual Report
13 Further, as part of the review of the City of Modesto’s 6th Cycle Housing Element, the City received comments from the California Department of Housing and Community Development (HCD) regarding necessary corrections and clarifications needed in the City’s ADU regulations to align with State law.

Additionally, to carry out a program that can achieve the benefits that ADU’s may provide for the community the City approved $450,000 for an ADU Revolving Loan Fund as part of the Fiscal Year 2024-2025 budget. The City approached Valley First Credit Union (VFCU) to develop a program because of their extensive experience in preparing loan programs for Modesto residents.

Headquartered in Modesto, Valley First Credit Union has been serving the community since 1949.

Valley First’s primary mission is to create access to financial products and services to individuals of low- and moderate-income and other disadvantaged communities. This program continues to implement the Housing Element, in particular Program D-7 from Table 100: 6th Cycle Housing Element Programs.

ADU Plans: In partnership with the cities of Ceres, Modesto, Oakdale, Riverbank, Turlock, and Waterford, Stanislaus County contracted with TPH Architects to develop complete, preapproved Accessory Dwelling Unit (ADU) building plans that are available, free of charge, for property owners living in any of the partner jurisdictions; this is to help streamline the permitting process and reduce costs for property owners to add ADUs to their properties.

City of Modesto Housing Plan: The Modesto Housing Plan (Plan) is a study to determine how best to increase and diversify Modesto’s housing stock. The Plan examines: existing housing choices, affordability, unmet housing needs, and trends; identifies the types of places in the city and the typical lot sizes in these areas. Additionally, housing types (appropriate to each type of place) are identified and illustrated. These housing types were tested (on representative lots) for financial feasibility, compatibility with neighborhood character and whether existing regulations would prevent or hinder their development. The plan concludes by providing zoning and policy recommendations that can inform future updates to the General Plan Land Use Map, Housing Element and Zoning Code.

Highlights of City actions this year include:

Dignity Village
• Dignity Village Modesto encompasses forty-two (42) bridge housing units for the unhoused population with an aim to transition them to permanent supportive housing.

This project is currently under construction and will be complete by April 2025.

Jenny’s Place
• City of Modesto’s Homekey funding will fund a 55-unit permanent supportive housing facility, with 38 units dedicated to youth and 16 units for the general homeless population. Jenny’s place will be fully occupied in early 2025. 7th Street Village
• The City of Modesto received final funding needed for 7th Street Village, a seventy-nine (79) unit mixed-use affordable housing project complete with a leasing office, community center, and a Head Start Program.

Grace Gardens
• The City is funding a project known as Grace Gardens in partnership with the Modesto Gospel Mission that will provide 12 bridge housing units. Construction is expected to be completed by May 2025.

Freewill Baptist Church
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City of Modesto 2024 General Plan Annual Report
14 • The City Ministry Network partnership with local churches will develop permanent microhousing on underutilized church properties, including 9 units at Freewill Baptist church.

Vine Street
• The City’s Vine Street projects in west Modesto will provide 35 units for seniors, veterans, and Stanislaus County Behavioral Health and Recovery Services clients.

There will be 12 units of affordable rental housing and 23 units of permanent supportive housing.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 4, 2025
Date: February 25, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Consultant Services Agreement for Municipal Planning Services CONTACT: Leslie Danhoff, Administrative Analyst
[email protected], 209-577-5211
DESCRIPTION:

Consider approving the addition of Moore Iacofano Goltsman, Inc. (MIG) to the On-Call Consultant Services Agreements for Municipal Planning Services and amending the Agreements with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA), by decreasing the agreements by $75,000 per consultant for a total not to exceed $900,000. (Funding Source: Developer Fees)
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 the last few of years, the Planning division has received an influx of new applications to develop various parcels within the City of Modesto. To prevent interruptions in development services provided to the public, and to ensure the continuity of uninterrupted planning support and augmentation efforts, as well as Municipal Code updates, Specific Plans, Corridor Studies, a Comprehensive Development Impact Fees Study, and several other community plans, the City determined on-call consultants for municipal planning services are needed.

DISCUSSION:

Through an informal Request for Qualifications (RFQ) process, the City entered into on-call agreements not to exceed a total amount of $900,000 on May 12, 2023 by Council Resolution 2023-215 in the amount of $300,000 per consultant with:
 Environmental Science Associates (ESA) San Francisco, CA  Harris & Associates Concord, CA
 Precision Civil Engineering, Inc Fresno, CA
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City Council, March 4, 2025
Consultant Services Agreement for Municipal Planning Services

Page 2 of 3 ends

The current list is active from the original date of Council approval, May 9, 2023, until May 11, 2026 and may be extended with the written approval of the City Manager. The approved consultants do not have the staffing support that the City needs for municipal planning services and are not able to meet the current needs of the planning applications for development.

Currently, the City is seeking to add an additional consultant from the original RFQ to the qualified On-Call Consultant List to assist with municipal planning services:
 Moore lacofano Goltsman, Inc. (MIG) Berkeley, CA
MIG, Inc. can provide project management support for the influx of new planning applications for development in the City of Modesto. With the addition of the fourth consultant, the compensation amounts and terms of all the consultant agreements must be decreased to $75,000 each in order to not exceed the original total agreement amount of $900,000.

The City reserves the right to request proposals, negotiate a scope of work and contract with the most qualified consultants. The On-Call Consultant List for Municipal Planning Services eliminates the need to send out repetitive Request for Proposals for projects or services of similar size as well as reducing labor-hours and project costs. All City departments can utilize the most qualified consultant(s) from the consultant list for future projects of a similar nature.

Modesto Municipal Code 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, in accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval for the on-call consultant support to MIG, Inc. conforms to Modesto Municipal Code 8-3.204 subsection (a) as they are providing professional services and at least three informal proposals were obtained. Also, exceptions to the formal bidding process are granted in MMC 8-3.204 (f), “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” The approval for the on-call consultant support to MIG, Inc. conforms to Modesto Municipal Code 8-3.204 (f) as they are providing similar services as the other on-call consultants in the previously established agreement.

FISCAL IMPACT:

The cost for municipal planning services will be based upon time required for each specific project and scope of work. The consultant will be paid by the City based on their contract hourly rate.

The four separate Agreements will be limited to $225,000, disbursed evenly between the four consultants, with a total not to exceed amount of $900,000. To date, only the agreement with Precision Civil Engineering has been utilized in the amount of $24,470. There is no impact to the General Fund, as this agreement will be funded via developer fees.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Finance Committee on February 24, 2025, and the Committee approved forwarding the item to Council for approval.
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City Council, March 4, 2025
Consultant Services Agreement for Municipal Planning Services

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the addition of Moore lacofano Goltsman, Inc. (MIG) to the On-Call Consultant Services Agreements for Municipal Planning Services and amending the Agreements with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA), by decreasing the agreements by $75,000 each, for a new agreement total of $225,000 per consultant for a total not to exceed $900,000 and authorizing the City Manager or his designee to execute the Consultant Services Agreements.

Approved by:

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

1. Resolution

2. Agreement – Moore lacofano Goltsman, Inc. (MIG)

3. Exhibit A – MIG, Inc

4. Original Agreement – Precision Civil Engineering

5. Amendment 1 – Precision Civil Engineering

6. Original Agreement – Harris & Associates

7. Amendment 1 – Harris & Associates

8. Original Agreement – Environmental Science Associates (ESA)

9. Amendment 1 – Environmental Science Associates (ESA) #3..
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03/04/2025/CED/JHill/Item # 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING THE ADDDITION OF MOORE IACOFANO
GOLTSMAN, INC. (MIG) TO THE ON-CALL CONSULTANT SERVICES

AGREEMENTS FOR MUNICIPAL PLANNING SERVICES AND AMENDING THE AGREEMENTS WITH PRECISION CIVIL ENGINEERING, INC., HARRIS & ASSOCIATES, INC., AND ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) BY DECREASING THE AGREEMENTS BY $75,000 EACH, FOR A NEW AGREEMENT TOTAL OF $225,000 PER CONSULTANT FOR A TOTAL NOT TO EXCEED $900,000, AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE THE CONSULTANT SERVICES AGREEMENTS
WHEREAS, the City of Modesto’s Planning Division has received an influx of new applications to develop various parcels within the City of Modesto; and WHEREAS, to prevent interruptions in development services provided to the public, and to ensure the continuity of uninterrupted planning support and augmentation efforts, as well as Municipal Code updates, Specific Plans, Corridor Studies, a Comprehensive Development Impact Fees Study, and several other community plans, the City determined on-call consultants for municipal planning services are needed; and WHEREAS, through an informal Request for Qualifications (RFQ) process, the City entered into on-call agreements not to exceed a total amount of $900,000 on May 12, 2023 by Council Resolution 2023-215 in the amount of $300,000 per consultant with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA); and
WHEREAS, the City is seeking to add an additional consultant from the original RFQ to the qualified On-Call Consultant List to assist with municipal planning services by entering into an agreement with Moore Iacofano Goltsman, Inc. (MIG); and WHEREAS, with the addition of the fourth consultant, the compensation amounts #3..
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03/04/2025/CED/JHill/Item # 2 2025-XX
and terms of all the consultant agreements must be decreased in order to not exceed the original total agreement amount of $900,000; and
WHEREAS, the cost for municipal planning services will be based upon time required for each specific project and scope of work; and WHERAS, Modesto Municipal Code 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval for the on-call consultant support to MIG, Inc. conforms to Modesto Municipal Code 8-3.204 subsection (a) as they are providing professional services and at least three informal proposals were obtained; and WHEREAS, exceptions to the formal bidding process are granted in MMC 8-

3.204 (f), “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” WHEREAS, the approval for the on-call consultant support to MIG, Inc. conforms to Modesto Municipal Code 8-3.204 (f) as they are providing similar services as the other on-call consultants in the previously established agreement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto #3..
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03/04/2025/CED/JHill/Item # 3 2025-XX
that it hereby approves addition of Moore lacofano Goltsman, Inc. (MIG) to the On-Call Consultant Services Agreements for Municipal Planning Services and amending the Agreements with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA), by decreasing the agreements by $75,000 each, for a new agreement total of $225,000 per consultant for a total not to exceed $900,000.

BE IT FURTHER RESOLVED that the City Manager or his designee, is hereby authorized to execute the Consultant Services Agreement, in a form approved by the City Attorney.
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03/04/2025/CED/JHill/Item # 4 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of March, 2025, by ___________________, who moved its adoption, which motion being duly seconded by ___________________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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MIG A-1 City of Modesto
On-Call Agreement for Municipal Planning Services

ON-CALL AGREEMENT

FOR MUNICIPAL PLANNING SERVICES
THIS On-Call Agreement for Municipal Planning Services (“Agreement”), is made and entered into in the City of Modesto, State of California, this _______, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and MOORE IACOFANO GOLTSMAN, INC, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that On-Call Municipal Planning Services should be performed for the City.

B. Consultant represents that it is qualified, willing and able to provide the requested services.

C. This Agreement is for City requested on-call services only; City will assign projects to the Consultant the City feels is best suited for the project. No promise of work is guaranteed or assumed by entering into this Agreement.

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

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this Agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit “A” and made a part hereof. The Consultant shall perform the services as described in Exhibit “A” in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City. #3..
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MIG A-2 City of Modesto
On-Call Agreement for Municipal Planning Services

2. TERM OF AGREEMENT
a. The City and Consultant hereto agree and enter into this Agreement for a term of three (3) years commencing on the Effective Date. b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three (3) year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 2(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).

3. COMPENSATION.

Consultant agrees to accept payment based on Exhibit “A” on a time and materials basis as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as outlined in Exhibit “A” and based upon the schedule of hourly rates set forth in Exhibit “A”, for a total compensation #3..
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MIG A-3 City of Modesto
On-Call Agreement for Municipal Planning Services
amount not to exceed $225,000 for all work performed under this Agreement. Unless otherwise approved by City, the hourly rates shown in Exhibit “A” shall remain in effect for the entire term of this Agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed running balance, description of completed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on a Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Dan Amsden, AICP, Principal-inCharge, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ____ percent (__%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
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MIG A-4 City of Modesto
On-Call Agreement for Municipal Planning Services
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used, reused, or disposed of by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this Agreement without the express prior written consent of City.

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

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

7. NEWS AND INFORMATION RELEASE.

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

8. FINANCIAL INTEREST OF CONSULTANT.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in #3..
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MIG A-5 City of Modesto
On-Call Agreement for Municipal Planning Services
performance of this Agreement, Consultant shall not employ any person having any such interest.

Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
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MIG A-6 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

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

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

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

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. #3..
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MIG A-7 City of Modesto
On-Call Agreement for Municipal Planning Services

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

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

FOR CONSULTANT: Name: MIG, Inc.

Address: 800 Hearst Avenue
Berkeley, CA 94710
Attention: Dan Amsden, Principal-in-Charge
Phone: (510) 845-7549
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MIG A-8 City of Modesto
On-Call Agreement for Municipal Planning Services
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Planning Manager
Phone: (209) 577-5211

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by PINS Insurance Program, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided thirty (30) days’ notice of the cancellation on the policies of insurance required hereunder (ten (10) days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within five (5) business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability #3..
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MIG A-9 City of Modesto
On-Call Agreement for Municipal Planning Services
Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, #3..
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MIG A-10 City of Modesto
On-Call Agreement for Municipal Planning Services
officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.

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

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

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. #3..
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MIG A-11 City of Modesto
On-Call Agreement for Municipal Planning Services
For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or #3..
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MIG A-12 City of Modesto
On-Call Agreement for Municipal Planning Services
pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
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MIG A-13 City of Modesto
On-Call Agreement for Municipal Planning Services
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 #3..
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MIG A-14 City of Modesto
On-Call Agreement for Municipal Planning Services
of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, 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, reckless or willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this Agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association #3..
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MIG A-15 City of Modesto
On-Call Agreement for Municipal Planning Services
shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound #3..
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MIG A-16 City of Modesto
On-Call Agreement for Municipal Planning Services
by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law. #3..
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MIG A-17 City of Modesto
On-Call Agreement for Municipal Planning Services

19. ENTIRE AGREEMENT.

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

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

22. AUDIT.

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

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for #3..
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MIG A-18 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #3..
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MIG A-19 City of Modesto
On-Call Agreement for Municipal Planning Services
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025-________, adopted by the Council of the City of Modesto on the day of , 2025, and MOORE IACOFANO GOLTSMAN,
INC has caused this Agreement to be duly executed in as of the Effective Date. (Signatures on next page)
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800 Hearst Avenue | Berkeley, CA 94710
(510) 845-7549 | www.migcom.com
Statement of Qualifications | October 18, 2024
Contract Municipal
Planning Services

CITY OF MODESTO
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PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE 800 Hearst Avenue
Berkeley, CA 94710
(510) 845-7549
www.migcom.com

CALIFORNIA

BERKELEY, FULLERTON,

LOS ANGELES, PASADENA,

RIVERSIDE, SACRAMENTO,

SAN DIEGO, SAN JOSE,

AND SONOMA

COLORADO
DENVER

NEW YORK

BROOKLYN
OREGON

PORTLAND
TEXAS

SAN ANTONIO

WASHINGTON

SEATTLE
October 18, 2024
Tristan Osborn, Planning Manager
City of Modesto – Planning Division
PO Box 642
Modesto, CA 95353
[email protected]
RE: Statement of Qualifications for Contract Municipal Planning Services Dear Mr. Osborn and Selection Committee Members:

Moore Iacofano Goltsman, Inc. (MIG), is pleased to submit this proposal to provide contract municipal planning services in support of the City of Modesto’s Planning Division. We approach our project assignments as a partnership and will work with City staff to support, promote, and uphold Modesto’s goals and standards.

For more than 30 years, MIG has provided quality professional contract services to jurisdictions across California. Our offices in Berkeley and Sacramento allow us to provide in-person services as needed. We understand the challenges facing municipalities as well as property and business owners. We enjoy supporting local jurisdictions as they navigate new State laws, implement local policies and plans, and address community needs.

We understand that the City’s Planning Division is seeking qualified consulting firms to provide professional planning services, primarily concerning development applications. Our contract planning staff handles a broad range of project sizes and types, from annexations to site redevelopment, as well as small projects, such as administrative design review or sign permits. We retain professionals that have expertise in all aspects of public interaction and entitlement processing. Our team has coordinated with applicants; city departments; and regional, state, and federal jurisdictions to prepare reports, public presentations, conditions of approval, and findings of fact. With this multidisciplinary knowledge base, we can take projects from concept to implementation.

MIG has a multidisciplinary team with experience providing both current and long-range planning services to local jurisdictions. Our current planning services include in-person/ permit counter services, simple/administrative permit processing, and complex development application entitlements. We are well versed in reviewing housing and mixed-use projects, including those eligible for ministerial review or subject to State Density Bonus laws.

MIG’s planning services extend beyond development entitlements. Our environmental team has practical experience with the California Environmental Quality Act (CEQA), including the use of streamlining, tiering of environmental documents, and exemptions.

We have in-house biologists, air quality, noise, and cultural resource specialists who can both prepare technical studies and peer review documents prepared by others. In addition, we have guided clients through simple and comprehensive zoning code updates, General Plan amendments, the creation of and substantial amendments to Specific Plans, and other full-service long-range planning work. By hiring MIG, you will gain access to this experience and the problem-solving acumen that comes from such diverse experiences. #3..
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PLANNING / DESIGN / COMMUNICATIONS / MANAGEMENT / TECHNOLOGY / SCIENCE MIG is excited about the opportunity to share our expertise and experience with you. I, Dan Amsden, will serve as Principal-in-Charge to provide quality control and assurance for all work under this Request for Qualifications (RFQ). Our Director of Planning Services Shawna Brekke-Read will serve as the primary contact person for this on-call contract. Shawna can be reached at (510) 845-7549, ext. #1810, and [email protected]. Mike Campbell will serve as Project Manager for Environmental Services. Please do not hesitate to contact us if you have questions or need additional information.

Per the RFQ requirements, MIG’s tax identification number is 94-3116998.

Sincerely,
Dan Amsden, AICP
Principal-in-Charge
(916) 329-8897 ext 5220
[email protected]
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TABLE OF CONTENTS

1. About MIG 1

2. Key Personnel 8

3. Project Experience and References 24

4. Cost 29
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City of Modesto | Contract Municipal Planning Services 1

1. About MIG
Project Understanding
MIG understands the City of Modesto is in need of
on-call municipal planning services to support its
Community and Economic Development Department,
Planning Division. The work requires experience
and skills associated with Specific Plans, California
Environmental Quality Act (CEQA) review, and planning
entitlements.

MIG further understands the City’s Planning Division
has eight authorized planners/development services
technicians that support a Planning Commission and a
Board of Zoning Adjustment. Ten specific plans and four different types of design guidelines shape development
requirements within the city in addition to the General Plan. In-person services are preferred; however, remote work will be considered.

The City has seen an increase in permit volume since
2021, contributing to the need for contract services. In the last fiscal year, the City has implemented a zoning ordinance update to create mixed used zones to assist
in the development of additional housing units along
with commercial spaces, launched a General Plan
update visioning phase, approved 15 Development Plan
Reviews, approved three Tentative Parcel Maps, and
approved a Vesting Tentative Subdivision Map for 91 lots.

This year the Planning Division has processed several
Tentative Parcel Maps and Vesting Tentative Subdivision Maps for both minor and major subdivisions.

MIG has provided contract planning services to local
agencies in Northern California for over 10 years and in California as a whole for over 30 years. MIG approaches its contracts with local agencies as a partnership. We
have planners with a range of experience and skillsets
who can easily provide the appropriate services based
on the client’s individual needs and the project’s specific details.

Our staff has a long and successful record of working on complex planning and environmental projects, including
through on-call contracts. As a multidisciplinary firm, MIG’s array of services are integrated into a deeply
experienced, collaborative team. The project manager
is the direct, day-to-day contact and is available to
organize strategy sessions with the team on short notice.

About MIG
Moore Iacofano Goltsman, Inc. (MIG), improves, adapts,
and creates organizations, environments, and tools for
human development. We are a community of designers,
planners, engineers, scientists, and storytellers who
engage people in creative problem-solving and
collective action. We believe that the physical and social environment around us have a profound impact on our
lives, and this belief shapes the principles that guide our work:
» Communities can plan their own futures.
» The world needs an ecological perspective.
» Great projects work for everyone.
» Elegant design inspires new thinking.
» Every project presents an opportunity to advance racial and social equity.
» All work must be context-driven.

MIG is at the forefront of innovation. Founded in
1982, we are leading local, regional, and national
planning and design initiatives to ensure accessibility and equity; engage, educate, and empower people
through participatory processes; facilitate strategy
development for social change; create playful and
inclusive communities; reimagine streets and repurpose
infrastructure; revitalize cities and restore ecosystems; and promote environmental stewardship by recognizing
that the health of the natural and built world is mutually dependent.
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City of Modesto | Contract Municipal Planning Services 2 As nationally renowned experts in urban planning,
design, development, and implementation, MIG is
positioned to present best practices and innovations
that cut across disciplines based on our unmatched
experience with cities large and small throughout
California. We understand the challenges facing
cities, counties, and property and business owners,
especially with regulatory and funding changes. MIG
staff provide a base of knowledge that bridges technical expertise and agency and community values. Our work
is characterized by a dedication to quality; a flexible approach; compliance with City, State, and Federal
requirements; and a commitment to completing projects
on time and within budget.

Planning Services
MIG has a long history of providing contract planning
services to Northern California jurisdictions. We place seasoned contract planning professionals who are
experienced with how local jurisdictions work and
are able to quickly familiarize themselves with City
procedures and processes. Our staff can address your
needs with their knowledge of land planning, zoning,
design guidelines, and the Subdivision Map Act.

We are prepared to start work immediately upon award
of contract. Our team knows how to get up to speed
quickly and keep projects moving.

MIG has supplied on-call and contract services to over
100 cities, counties, and special districts. Additionally, we provide project management for all types of
development application processing. Our services range
from full-time staff including entire planning departments to interim, part-time and on-call contracts. Our contract staff work directly with cities and counties as staff.

We also work on three-party contracts where
developers agree to pay the jurisdiction for the
services of a dedicated contract planner to manage
their particular project.

Our breadth of experience is not the only thing that
distinguishes MIG. Our staff are actual employees of
the company, not subcontractors. This sets us apart
from other organizations because it fosters a stable,
dependable environment for our staff, where they feel
secure and committed even as assignments change.

Our staff regularly attend MIG staff meetings and
events, as well as continued staff training, assuring that the City of Modesto will get true planning professionals, committed to excellence—not the subcontractors of
contractors. We invest in our employees to help them
be productive members of both the MIG Team and our
clients’ teams. To retain the best employees, we focus
on the overall satisfaction of employees with their jobs, which allows them to focus on meeting clients’ needs.

ON-SITE/ON-CALL ASSISTANCE
MIG has offices throughout Northern California,
including Berkeley, Sacramento, and San José. Our
local offices and planning specialists allow us to
provide immediate remote or off-site assistance to the
City for projects that do not require ongoing on-site
assistance. In these cases, our staff works in MIG
offices, while closely coordinating and collaborating
with City staff, coming to City offices when needed for meetings, presentations, etc.

The MIG Team includes professional planners who
were selected based on their specialized capabilities
and experience. We are pleased to present a team with
a depth of knowledge from working in many cities and
processing hundreds of cases, from the pre-application
stage through the final approval, and even Certificate
of Occupancy. We will provide focused, continuous
involvement of key staff, supplemented by the strategic addition of specialized staff at the appropriate time.

Typical examples of our planning services include
public counter services; initial site assessments;
reviewing projects for completeness and compliance
with the General Plan, Zoning Ordinances, Specific
Plan, Design Guidelines, and all applicable codes and
ordinances; and preparing letters for Director’s review. #3..
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City of Modesto | Contract Municipal Planning Services 3 We also meet with applicants, other City departments,
and agencies, and coordinate the project review with
CEQA review. In addition, we prepare public hearing
notices, staff reports, resolutions, and conditions of
approval; attend Planning Commission and/or City
Council meetings; and manage the project files.

Following project approval, we have experience in
plan-check review of projects including, but not limited to, construction plans, grading plans, landscape and
irrigation plans, lighting plans, etc., for compliance with conditions of approval and mitigation measures.

Permit Streamlining Act
MIG staff are thoroughly versed in the completeness,
public notice, and decision-making requirements
established by the Permit Streamlining Act (PSA). We
also understand and are able to incorporate necessary
adjustments to PSA requirements imposed by CEQA or
special requirements (e.g., telecommunication facilities).

Subdivision Map Act
Our staff have applied the Subdivision Map Act to a
broad range of projects involving tentative map, parcel map, and final map applications including vesting
tentative maps. Our experience includes lot line
adjustments and condominium projects, as well as large
and small land divisions.

State Housing Laws
MIG reviews large and small housing and mixed-use
projects that are subject to State Housing Laws,
including projects subject to SB330, SB35, and SB9.

MIG’s experience includes timely review for eligibility for ministerial approval and compliance with objective
standards. We have also interpreted and applied State
density bonus requirements as part of updating Housing
Elements and local ordinances, as well as during the
development entitlement process.

Customer Service and Application Processing
MIG staff are familiar with a variety of standard planning application processes to address inquiries and provide
customer service in an efficient and effective manner. Our staff have experience in providing counter service and
processing application submittals through local permitting software such as e-TraKIT, Accela, and iWorq.

GENERAL PLAN, SPECIFIC PLAN, AND ZONING CODE

IMPLEMENTATION
MIG has worked with municipalities all over California
to interpret and apply General Plan policies and Zoning Ordinances to development applications through the
entitlement process. Our staff have also prepared
General Plans, Specific Plans, and Zoning Codes to help cities address their policy objectives. We will use this experience to support consistent, coherent interpretation and application of General and Specific Plan policies and Zoning Code standards.

Zoning
MIG has prepared zoning code amendments for
jurisdictions throughout California, ranging from loading standards for a largely industrial jurisdiction to accessory dwelling unit ordinances, to crafting of objective design standards, to comprehensive zoning code overhauls. Much of our work has focused on implementing local housing
policy and ensuring that processes and procedures are
clear, understandable, and easy to use.
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City of Modesto | Contract Municipal Planning Services 4 Specific Plans
MIG creates action-oriented and context-sensitive
specific plans that can be used as economic
development tools. Our specific plan work has
addressed industrial districts, suburban corridors, and comprehensive housing developments.

Additional Services
Should Modesto require additional expertise beyond
the core team presented within this submittal, MIG will be able to draw on additional staff resources to provide specialized knowledge. Examples of technical expertise
that could augment our services include:

Housing Programs
MIG staff are familiar and experienced with housing
legislation in California and the implications to housing policies and programs administered by cities and
counties. We can support City efforts to identify
innovative ways to provide affordable housing and can
immediately assist the City in pursuing federal and State grant applications.

General Planning Services
MIG has a successful track record in the planning and
design of environments that contribute to community
livability. Our dedicated staff have the experience
to guide our client communities through every step
of environmental regulatory compliance; restoration
design and implementation; technical studies; and
climate action plans. As a complement to our planning,
design, and development services, we bring critical
information into the process, and ultimately into key
decisions impacting feasibility and success of project
implementation.

Annexations
MIG has facilitated policy- and project-driven
annexations including preparing the necessary service
analyses, pre-zone properties, and LAFCo applications.

Working on behalf of LAFCos, municipalities, and
developers, our staff have prepared Municipal Service
Reviews, Plans of Services, and environmental analyses
to support action on these documents.

Graphics and Communications
MIG’s graphic designers and copywriters are adept at
converting complicated city planning topics into inviting visuals that are accessible for members of the general
public and limited-English speakers to understand.

Working as an extension of City staff, our staff creates materials that are friendly, transparent, and easy to
understand.

Community Outreach and Meeting Facilitation
MIG’s on-call planning services include other services
such as community engagement, including materials,
online surveys, and community workshops. MIG
develops templates for promotional paper and digital
flyers for print and digital distribution and social media graphics for distribution on social media accounts; and creates posters and materials that present visualized
materials for the community’s website and social media
platforms. MIG also develops draft press releases
to inform residents about planning efforts to be
undertaken.

GIS Services
MIG staff can provide Geographic Information Systems
support, whether in data collection, data review and
management, or project-related analysis.

ADA Compliance
Our in-house Americans with Disabilities Act codes and
standards experts can provide plan review services if
required.

Other Services
When you hire MIG, you gain access to the whole firm.

Our work is supported by a diverse team of in-house
planners, urban designers, landscape architects,
engineers, environmental scientists, graphic designers, facilitators, and public engagement specialists to
provide innovative, inspiring, and practical solutions to community challenges. Once assigned, every planner
has access to the experience and expertise of more
senior staff, whether or not that senior staff is assigned to a jurisdiction.
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City of Modesto | Contract Municipal Planning Services 5 Environmental Services
MIG’s CEQA work is guided by three principles:
first, the methodology and content of our CEQA
documents are consistent with the most current CEQA
statutes, guidelines, and case law; second, mitigation
recommendations are realistic and feasible; and third,
findings are effectively presented through clear and
concise writing, informative graphic design, and skillful oral presentation. These principles result in legally sound CEQA documents that fully and clearly inform the public, decision-makers, and interested agencies.

CEQA/NEPA DOCUMENTS
MIG’s dedicated environmental staff have the background and experience to properly scope and prepare
environmental impact analysis documents for a wide
variety of projects. MIG prepares clearly written, legally defensible environmental impact reports (EIRs) and other CEQA/NEPA compliance documentation; for example,
Initial Studies/Negative Declarations/Mitigated Negative Declarations (IS/NDs or IS/MNDs), Environmental
Assessments/Findings of No Significant Impact (EA/
FONSI), Environmental Impact Statements (EIS), and
Categorical Exemptions/Exclusions. We specialize
in preparing both “project-specific” environmental
documents for site-specific industrial, residential,
commercial, institutional, and mixed-use developments,
as well as broad-based “program EIRs” for specific plans, general plans, and other policy plans.

MIG’s program EIRs anticipate CEQA streamlining
opportunities, with impact analyses and performancebased mitigation measures that can be applied to future individual projects.

So far, MIG has prepared such consistency checklists
for over 20 projects in Redwood City, San Bruno, and
El Cerrito, where no further CEQA documentation is
required; all the projects have been approved. This
streamlining process saves time and money for both
the applicant and the lead agency, enabling beneficial
projects to proceed without delay.

MIG has successfully completed over 300 EIRs, as
well as numerous other CEQA and NEPA compliance
documents for public agencies. We also provide thirdparty peer review services for all types of CEQA and NEPA environmental documents and technical studies.

VISUAL IMPACT ASSESSMENTS
MIG’s graphic and computer simulation staff specialize
in computerized view simulations and visual impact
analyses. Our team can prepare and/or review visual
simulations, urban design height analyses, shade
studies, and other illustrative plans needed for all types of projects. Our team has extensive experience creating illustrations and analyzing environments—allowing for
objective review and understanding of projects.

BIOLOGICAL SITE SURVEYS/SPECIAL-STATUS

SPECIES SURVEYS
MIG’s experience in biological studies and impact
assessments includes the preparation of biological
surveys to evaluate existing conditions and the presence of sensitive habitat or special-status plant or animal
species, as well as applicable laws pertaining to the
resources found. Biological impact assessments evaluate the effects of a proposed project on biological resources and are used to support CEQA/NEPA documents and
permit applications.
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City of Modesto | Contract Municipal Planning Services 6 MIG also provides the technical support required
for Endangered Species Act Section 7 or Section
10 consultations and California Fish and Wildlife
Endangered Species Act 2081 permits.

REGULATORY PERMITTING
MIG’s wetland delineators maintain current training and can identify whether specific areas are covered under
the jurisdiction of the U.S. Army Corps of Engineers
(USACE), Regional Water Quality Control Board
(RWQCB), California Department of Fish and Wildlife
(CDFW), U.S. Department of Fish and Wildlife (USFWS),
California Coastal Commission, and local regulatory
agencies.

MIG assists cities or projects in obtaining permits from various regulatory agencies, including, but not limited to, the 404 Nationwide or Individual Permits from USACE,
the Lake and Streambed Alteration Agreement from
CDFW, and the 401 Water Quality Certification from
RWQCB. MIG prepares technical studies required for
these permits as well as the permit applications.

AIR QUALITY IMPACT AND HEALTH RISK

ASSESSMENTS
MIG prepares the technical air quality analyses
necessary to obtain CEQA, NEPA, and other permitting/
regulatory approvals from regional, state, and federal air agencies. MIG prepares area and fugitive (e.g., dust and emissions from soil disturbance and material transfer), mobile, and stationary source emissions estimates using agency-recommended models. The emissions estimates
developed by these models and methodologies are
compared to regulatory thresholds of respective air
quality management districts, CEQA significance
thresholds, or other state or federal regulatory
requirements as appropriate.

MIG is skilled in quantifying the emissions levels from all aspects of a project, comparing emissions levels
and concentrations against applicable thresholds,
and developing project design features or mitigation
measures that reduce project emissions and associated
risks.

CULTURAL RESOURCES
Our cultural resources team is able to provide on-call
cultural resources services as part of the overall CEQA process or as independent services that support the
City’s project-specific needs. Eleanor Cox, Senior
Preservation Specialist, will manage and lead the
preparation of all technical on-call services, either
directly to the City or as part of the overall CEQA
process. Our work products may include:
» Historic Resource Evaluations and Determinations of
Eligibility
» Field Inventories and Impact Assessments
» Historic Context Studies
» Cultural Landscape Reports
» Project Analysis using the Secretary of the Interior’s Standards
» Cultural Resources Sections for CEQA documents,
including Mitigation Measures and Stipulations
» Section 110 and Section 106 compliance under the
National Historic Preservation Act
» Historic Property Treatment Plans and
Recommendations
» Mills Act Requests
» Prehistoric/Historic Archival Records and Literature
Reviews
» Prehistoric/Historic Site Testing and Data Recovery
Projects
» Native American Consultation
» Section 106 Compliance Programs
ENERGY
MIG also has expertise in evaluating the new energy
impact requirements of the recently amended CEQA
Guidelines, including how project energy consumption
is estimated using information from air quality emissions estimates or modeling conducted for the project. MIG
will then evaluate whether the project will result in the wasteful, inefficient, or unnecessary consumption of
energy resources, including mobile sources.

Energy-saving factors analyzed will include site layout and orientation, proximity to regional arterials, building design, and any trip-reducing or other energy-saving
operations that result in the efficient use of available energy resources.
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City of Modesto | Contract Municipal Planning Services 7

GREENHOUSE GAS (GHG)/CLIMATE CHANGE

IMPACT ASSESSMENT
In California, local land use authorities are required
to consider the effects of project- and plan-level
greenhouse gas emissions as part of the CEQA review
process. Many of the models (e.g., CalEEMod) and
inventories (e.g., OFFROAD) MIG uses to estimate
emissions of criteria air pollutants like particulate matter also quantify GHG emissions from common GHG
sources like vehicles, electricity consumption, space
heating, etc.; however, the methods for evaluating
GHG emissions levels can differ from traditional air
quality analyses because GHG emissions represent a
global impact, and there are myriad state, national, and international goals, policies, and programs adopted for the purposes of reducing GHG emissions.

GHG emissions are also produced from less common but
high-emitting sources, such as refrigerants and electrical insulators, that fall outside the scope of traditional air quality analyses.

MIG tracks the latest information from state, national, and international governing bodies regarding climate
change projections and impacts, GHG regulations, and
GHG efficiency targets, and uses this information to
prepare clear, concise analyses of whether project- and plan-level GHG emissions would constitute a significant cumulative contributor to climate change impacts.

Our analyses include the GHG reductions that would
occur from existing regulatory and policy requirements, as well as reductions from voluntary design features and mitigation measures included in a project’s design or
developed as part of the environmental review process.

NOISE IMPACT ASSESSMENT
MIG performs noise monitoring and impact
assessments for environmental analysis, mitigation
monitoring, and other compliance purposes. MIG has
the necessary expertise and equipment to monitor
pre- and post-project noise levels, documenting in-situ attenuation patterns and evaluating the effectiveness of noise-reducing insulation and infrastructure.

MIG has monitored noise levels from construction
equipment, traffic, public events (with and without
amplified sound), and various types of stationary
equipment (e.g., HVAC units, generators, concrete batch plants).

MIG collects and analyzes project-specific noise data
to assess the compatibility of pre- and post-project
noise levels with zoning and general plan requirements.

MIG staff can clearly articulate noise impact findings
to decision-making bodies and have worked with
community members, project architects, municipal staff, and project proponents to develop mitigation in the
form of operating restrictions, sound barriers, and sound power output limits that provide community and project
benefits.

MIG synthesizes the experience of its 260+ employees
to provide high-quality deliverables and consistent
communication to our clients. The following pages
outline our experience providing relevant contract
planning and environmental services.

SUBCONSULTANTS
In addition to our in-house experts in Air Quality/
Greenhouse Gas Emissions, Cultural/Historic Resources,
Energy, and Noise Assessment, MIG regularly works with
local firms having expertise in other resource areas such as Archaeology, Geologic and Geotechnical Consulting,
Hazardous Materials, and Transportation Planning. We
would be happy to work with the City in the selection of any required subconsultants.
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City of Modesto | Contract Municipal Planning Services 8 Our Team
At MIG, our greatest strengths are our individual staff members, who bring their training, skills, life experience, and professional acumen to each project. Identified in
the team organizational chart, Dan Amsden, AICP, will
serve as Principal-in-Charge and provide overall project oversight and quality control, ensuring that adequate
resources are made available and all contractual
requirements are met. Dan is an experienced,
personable problem-solver with over 20 years of
experience as a planning consultant and public agency
planner with expertise in managing land use planning
and policy, general and specific plans, urban design,
public outreach, and meeting facilitation.

Shawna Brekke-Read will serve as the Project Manager
for planning services. Shawna has over 30 years of
experience in the public, non-government, and private
sectors. As a director and municipal manager, she
has overseen planning, building, housing, economic
development, and permit services.

Mike Campbell, AICP, will serve as Project Manager for
environmental review (CEQA) services and as CEQA
Advisor. Mike brings over 35 years of experience in
environmental planning, and he has prepared and
managed hundreds of EIRs and other environmental
documents.

2. Key Personnel
MIG is proposing a team of highly experienced planners, environmental analysts, and early-career professionals
who have the expertise and resources to undertake any
type of project from the simplest to the most complex for which the City may need assistance. These staff include:
» Dana Ayers, AICP, Senior Planner/Zoning Specialist
» Deborah Drasler, Senior Planner
» Christine Thomson, Director of Sustainability, Urban
Planning, and Design
» Taylor Peterson, Director of Biological Analysis
» Christopher Dugan, Director of Air Quality, GHG, and
Noise Services
» Christina Lau, Land Use Planner/Environmental Analyst » Virginia Morgan, Planning Project Associate
» Emily Sanchez-Resendiz, Planning Project Associate
» Gabrielle DeLavallade, Planning Project Associate
» Sagarika Nambiar, Urban Design Project Associate
An organizational chart and detailed resumes are on the following pages.
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City of Modesto | Contract Municipal Planning Services 9 Dan Amsden, Principal-in-Charge
Shawna Brekke-Read, Planning Project Manager
Mike Campbell, Environmental Project Manager

PROJECT MANAGEMENT

TEAM ORGANIZATIONAL CHART

LAND USE PLANNING
Shawna Brekke-Read
Dana Ayers
Debbie Drasler

URBAN DESIGN
Christine Thomson
Sagarika Nambiar

CEQA SERVICES
Mike Campbell
Christina Lau

PLANNING SUPPORT
Virginia Morgan
Emily Sanchez-Resendiz
Gabrielle DeLavallade
Mike Campbell

BIOLOGICAL

ANALYSIS
Taylor Peterson

AIR QUALITY,

GREENHOUSE GAS,

AND NOISE ANALYSIS
Chris Dugan

CULTURAL

RESOURCES
Eleanor Cox
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City of Modesto | Contract Municipal Planning Services 10

EDUCATION
» Graduate Certificate in
Planning Law, Rutgers
University, New Brunswick,
New Jersey
» MCRP, California Polytechnic
State University, San Luis
Obispo
» BA, Geography, University of
California, Santa Barbara

PROFESSIONAL AFFILIATIONS
» American Planning Association
» APA California, Sacramento
Valley Section – Board
Member
» APA California, Diversity
Inclusion Directors – Board
Member
» Society for College and
University Planning

LENGTH OF EMPLOYMENT AT
MIG
» 13 years

TOTAL YEARS OF EXPERIENCE
» 25
Dan Amsden, AICP

PRINCIPAL-IN-CHARGE
Dan Amsden is an experienced, personable problem-solver whose patience and poise enable him to navigate the most complex and controversial urban planning projects. His father planted the planning seed before Dan left for college where the idea of helping to organize the built world took root, leading him to study geography, city and regional planning, and eventually regulatory law. As timelines to produce results have become more compressed, he uses his land use, public policy, and engagement expertise to devise effective strategies that streamline and focus projects on actionoriented change. Whether cutting through unnecessary regulations and roadblocks, or developing community buy-in, Dan enjoys finding multifaceted solutions through collaboration and engagement. He is committed to diversity and inclusion in his projects, as well as within the field of planning itself, serving as a Board member for diversity and inclusion with APA California. From general and specific plans to zoning and urban design, Dan is always seeking ways to innovate—creating better processes, projects, and outcomes for his clients and communities.

SELECTED PROJECT EXPERIENCE
» Fairfield Specific Plan and EIR, Fairfield, CA
» Burlingame General Plan Update, Burlingame, CA
» Burlingame Zoning Code Update, Burlingame, CA
» The Hub/California Mobility Center Master Plan, Sacramento, CA » River District Placemaking Strategy, Sacramento, CA
» North Franklin Boulevard District Plan, Sacramento, CA » San Joaquin County General Plan Update, Stockton, CA
» Nishi Gateway Sustainable Innovation District, Davis, CA » Rollins Road, Bayfront, and North Burlingame Specific Plans, Burlingame, CA
» Cupertino General Plan Update, Cupertino, CA
» Downtown Core Area Zoning Update, Danville, CA
» Hayward General Plan Update, Hayward, CA
» San Antonio Comprehensive Plan, San Antonio, TX
» Downtown Hawthorne Specific Plan, Hawthorne, CA
» Saint Mary’s College Campus Master Plan, Moraga, CA
» Vallco Connectivity Plan, Cupertino, CA
» San Benito County General Plan Update, Hollister, CA
» South Sacramento Community Plan, Sacramento, CA
» Heart of Fairfield Downtown Specific Plan and EIR, Fairfield, CA » San Pablo Avenue Specific Plan, El Cerrito and Richmond, CA » Sacramento Inclusive Economic Development Plan, Sacramento, CA #3..
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City of Modesto | Contract Municipal Planning Services 11

EDUCATION
» BA, Environmental Studies
and Planning, Sonoma State
University, Rohnert Park, CA

LENGTH OF EMPLOYMENT AT
MIG
» 5

TOTAL YEARS OF EXPERIENCE
» 40
Shawna Brekke-Read

PLANNING SERVICES PROJECT MANAGER
Shawna Brekke-Read brings a wealth of knowledge and experience to her leadership of MIG’s contract and environmental planning services in Northern California. Shawna began her 40-year career as a public-sector manager and director—overseeing planning, building, housing, economic development, and permitting services for several municipalities. As a private consultant, she serves multiple clients simultaneously by supervising a team of planners deployed to different cities. Growing up in Oakland, Shawna saw how misguided planning destroyed neighborhoods and livelihoods. Her work allows her to contribute to rebuilding and protecting cities and their communities through the range of projects she has managed, from housing and commercial developments to environmental and code compliance.

Shawna’s understanding of every aspect of municipal governance helps clients, community members, and colleagues navigate the intricacies of planning in response to economic, political, and environmental changes.

SELECTED PROJECT EXPERIENCE
» Development Project Review and Processing, Sausalito, Martinez, San Rafael, Sonoma County, Belvedere, Moraga, San Joaquin County, Richmond, CA
» KOLA Battery Storage Facility, San Joaquin County, CA » Bay’s Edge Annexation, Martinez, CA
» Development Review Audit/Permit Streamlining, Aurora, CO » Whittier Zoning Amendments, Whittier, CA
» Contra Costa County (Housing) Collaborative (C4), ABAG, CA » Short-Term Rental Study, Mono County, CA
» Mountain House Incorporation, San Joaquin County, CA
» Amare Apartments SB 330 Housing Project, Martinez, CA » Entitlement processing and project management for commercial, lodging, mixed-use, college, hospital, and residential projects, Benicia, Berkeley, Lafayette, Oakley, Orinda, South Lake Tahoe, and Placer County (Tahoe), CA* » Housing policy, accessory dwelling unit, and single-room occupancy ordinances, Benicia and South Lake Tahoe, CA*
» Historic preservation policies, ordinances, and/or implementation, Benicia, Berkeley, Moraga, and Sausalito, CA*
* Work completed prior to joining MIG
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City of Modesto | Contract Municipal Planning Services 12

EDUCATION
» BS, Natural Resources
Planning & Interpretation,
California State Polytechnic
University, Humboldt

REGISTRATIONS
» American Institute of Certified
Planners (AICP)
» Certified Professional in Storm
Water Quality (CPSWQ)

PROFESSIONAL AFFILIATIONS
» American Planning Association
» Association of Environmental
Professionals

LENGTH OF EMPLOYMENT AT
MIG
» 3

TOTAL YEARS OF EXPERIENCE
» 35
Mike Campbell, AICP

ENVIRONMENTAL REVIEW (CEQA) SERVICES PROJECT MANAGER /

CEQA ADVISOR
Mike Campbell is an award-winning specialist in environmental planning and stormwater management with over 30 years of experience consulting with local, regional, and federal jurisdictions on projects throughout Northern California. As a Director of Environmental Analysis, Mike plays a pivotal role in integrating his knowledge with the skills and capabilities of project and client team members. He oversees the preparation of Environmental Impact Reports (EIRs), Initial Studies (IS), and Environmental Assessments (EA), as well as Categorical Exemptions/Exclusions, in conformance with the requirements of CEQA and NEPA. Mike’s passion for ecosystem preservation, particularly water resources, laid the groundwork for his expertise in stormwater management.

He brings his analytical, managerial, and relationship-building skills to bear on a full range of development projects—from transit and parks to mixed-use, residential, commercial, and industrial. He views each project as an opportunity to work collaboratively and creatively to address emerging environmental challenges with a focus on balancing feasibility and implementation with sustainability and resilience.

SELECTED PROJECT EXPERIENCE
» Hillsborough 6th Cycle Housing Element Update EIR, Hillsborough, CA » San Carlos Housing and Safety Element Update Project and Program EIR, San Carlos, CA
» Annual Water Main Replacement, Project 19-21: PRV Installation on North Whisman Road and Evandale Avenue; Whitney Drive, Whitney Court, and Parker Court Water Main Replacements Project Initial Study/Mitigated Negative Declaration, Mountain View, CA
» Esplanade Drive Infrastructure Preservation Project EIR, Pacifica, CA » Lawrence-Mitty Park and Trail Master Plan Initial Study/Mitigated Negative Declaration, Cupertino, CA
» I-280 Trail Initial Study/Mitigated Negative Declaration, Cupertino, CA » Red Morton Community Park Stormwater Capture Project Initial Study/ Mitigated Negative Declaration, Redwood City, CA
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City of Modesto | Contract Municipal Planning Services 13

EDUCATION
» BA, Urban Studies,
Stanford University,
Standford, CA

CERTIFICATIONS
» AICP Certified Planner

PROFESSIONAL AFFILIATIONS
» American Planning
Association
» American Institute of Certified
Planner

LENGTH OF EMPLOYMENT AT
MIG
» < 1 year

TOTAL YEARS OF EXPERIENCE
» 25
Dana Ayers, AICP

SENIOR PLANNER, ZONING SPECIALIST
Dana Ayers has over 24 years of experience in municipal, county, environmental, and land use planning and permitting, with the majority of her career in publicsector suburban and agricultural communities. Consequently, she has extensive knowledge of local government agency operations, including entitlement and permitting processes, standards, and practices. As a governmental and contract planner, she has provided analysis for numerous land use development proposals and prepared or managed preparation of initial studies, negative declarations, mitigated negative declarations, and environmental impact reports for residential, commercial, agricultural, and industrial projects; many of which were highly contentious. Dana has additional experience in advanced level planning, including preparation of general plan amendments, zoning code amendments, and related statutory and environmental analysis.

SELECTED PROJECT EXPERIENCE
» City of Richmond On-Call Planning Services, Richmond, CA » City of Rohnert Park On-Call Planning Services, Rohnert Park, CA » San Joaquin County On-Call Planning Services, Stockton, CA » Association of Bay Area Governments/Metropolitan Transportation Commission, Regional Housing Technical Assistance for Contra Costa County Collaborative, Contra Costa County, CA
» Clayton Municipal Code Amendments to Implement the 6th Cycle Housing Element, Clayton, CA*
» Napa County Disaster Recovery Ordinance (2017), Napa, CA* » Napa County General Plan and Specific Plan Circulation Elements Update and Supplemental Environmental Impact Report, Napa, CA*
» Pittsburg Municipal Code Amendments to Implement the 4th Cycle Housing Element, Pittsburg, CA*
» Martinez Refinery Renewable Fuels Environmental Impact Report, Martinez, CA*
* Work completed prior to joining MIG
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City of Modesto | Contract Municipal Planning Services 14

EDUCATION
» BS, Urban and Regional
Planning, California State
Polytechnic University,
Pomona

LENGTH OF EMPLOYMENT AT
MIG
» 11 years

TOTAL YEARS OF EXPERIENCE
» 30
Deborah Drasler

SENIOR PLANNER
Deborah Drasler has 30 years of public and private professional planning experience. She has served as project manager on multiple current and advanced planning projects throughout Southern California, including Specific Plans, General Plan Amendments, Zone Changes, and controversial entitlement projects. Deborah has extensive experience and responsibility in managing projects, small and large, including single-family and multifamily residential; wireless facilities; commercial, mixed-use, and industrial development plans: and preparing staff report documentation and presenting the projects for discretionary action.

Deborah’s knowledge and experience with land use regulations, CEQA requirements, the Subdivision Map and Coastal Acts, and policies and procedures, combined with her ability to work effectively with city staff, developers, residents, and special interest groups, ensures added value in projects in which she is involved.

Deborah also shares her skills and planning knowledge by serving in a supervisory capacity, training entry-level, in-house staff for municipalities to ensure an agency has effective and confident personnel.

SELECTED PROJECT EXPERIENCE
» City of Newport Beach Contract Planning Services, Newport Beach, CA » City of Laguna Hills Contract Planning Services, Laguna Hills, CA » City of Laguna Woods Contract Planning Services, Laguna Woods, CA » City of Dana Point Contract Planning Services, Dana Point, CA » City of Mission Viejo Contract Planning Services, Mission Viejo, CA » City of San Clemente Contract Planning Services, San Clemente, CA » City of Orange Contract Planning Services, Orange, CA » City of Westminster Contract Planning Services, Westminster, CA » City of Redondo Beach Contract Planning Services, Redondo Beach, CA » City of Covina Contract Planning Services, Covina, CA » City of Temple City Contract Planning Services, Temple City, CA » City of Duarte Contract Planning Services, Duarte, CA #3..
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City of Modesto | Contract Municipal Planning Services 15 Christine Thomson, AICP, LEED AP

DIRECTOR OF SUSTAINABILITY
As a planner and designer, Christine Thomson offers lessons learned and wisdom earned from more than 25 years of work on a variety of projects at every scale—from a single building to neighborhoods to districts to entire cities. Christine was first drawn to the field by a curiosity about how societies formed and the resulting relationship between the built and natural environments. Her passion for sustaining those environments keeps her focused on finding greener solutions that work to increase the health and prosperity of human and natural ecosystems. She is also passionate about getting the details right and contributing to her local community, where she served as a Planning Commissioner for the City of Emeryville for the past four years. Christine’s ability to talk across disciplines and quickly identify the root causes of conflicts and areas of mutual opportunity enables her to facilitate consensus toward shared decisions and solutions. As a manager, she is direct, detail-oriented, and dedicated to staying on the leading edge of innovation and creativity to deliver actionable, tactical plans that integrate sustainability, align policy with outcomes, and clearly guide implementation.

SELECTED PROJECT EXPERIENCE
» Downtown Redding Riverfront Specific Plan and EIR, Redding, CA » San Pablo Ave Specific Plan and EIR, El Cerrito and Richmond, CA » Citywide Residential and Mixed-Use Objective Design Standards, Concord, CA
» City-wide Multifamily and Mixed-Use Objective Design Standards, San Carlos, CA
» Berryessa BART Urban Village Plan, San José, CA*
» North First Street Urban Village Plan, San José, CA*
» San Mateo Objective Design Standards, San Mateo, CA
» King Road Complete Streets Plan, San José, CA
» Agoura Hills Objective Design Standards, Agoura Hills, CA » Phase I and II Oakland EcoBlock: A Zero Net Energy, Low Water Use Retrofit Neighborhood Demonstration Project, Oakland, CA* » UC ANR Hansen Agricultural Research and Extension Center, Santa Paula, CA
» Union Square Strategic Plan, San Francisco, CA
» India Basin Mixed-Use Project, San Francisco, CA*
» Phase I Oakland EcoBlock: A Zero Net Energy, Low Water Use Retrofit Neighborhood Planning Study, Oakland, CA*
» UC Santa Cruz Long Range Development Plan, Santa Cruz, CA* » SF State RTC Master Plan, Tiburon, CA*
* Work completed prior to joining MIG

EDUCATION
» MS, Environment and
Resources, University of
Wisconsin, Madison, WI
» MA, Urban and Environmental
Planning, University of Virginia,
Charlottesville, VA
» MA, Architecture, University of
Virginia, Charlottesville, VA
» BA, Urban Studies / Geology,
Brown University,
Providence, RI

CERTIFICATIONS
» American Institute of Certified
Planners (AICP)
» LEED Accredited Professional
(LEED AP)

PROFESSIONAL AFFILIATIONS
» City of Emeryville, Planning
Commission Chair
» American Planning Association
(APA)

LENGTH OF EMPLOYMENT AT
MIG
» 3 years

TOTAL YEARS OF EXPERIENCE
» 26
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City of Modesto | Contract Municipal Planning Services 16

EDUCATION
» BA, Human Biology, Stanford
University, Stanford, CA

REGISTRATIONS
» Wetland Training Institute
Wetland Delineation
Certification

LENGTH OF EMPLOYMENT AT
MIG
» 44 years

TOTAL YEARS OF EXPERIENCE
» 44
Taylor Peterson

DIRECTOR OF BIOLOGICAL ANALYSIS
Taylor “Tay” Peterson is a regional and statewide expert in biological analysis and environmental impact assessment. Tay crafted her own major in animal behavior and natural history as an undergraduate at Stanford. She got her first job out of the gate as a butterfly catcher and data collection manager for a two-year study of endangered butterflies that yielded the first habitat conservation plan on the planet. Nearly 40 years later, the butterflies remain while housing could still be developed on San Bruno Mountain. This reflects Tay’s passion for her work—helping clients figure out how to protect and preserve natural resources while also supporting human development.

Her knowledge and experience combined with her problem-solving, writing, and facilitation skills ensure efficiency and effectiveness in all her projects. As Director of Biological Analysis, she provides technical expertise, quality control, and guidance on a variety of regulatory compliance and environmental planning processes—from Initial Studies and EIRs/EISs to mitigation monitoring and habitat

SELECTED PROJECT EXPERIENCE
» Bakersfield Recreation and Parks Master Plan Update, Bakersfield, Kern County, CA
» Belmont Creek and Cordilleras Creek Bank Stabilization Projects Permits and Restoration, Belmont and San Carlos, CA
» Palo Alto Landfill Phase IIC Final Closure Plan Initial Study, Palo Alto, CA » Cooley Landing Park Phase 4 and 5 Construction Monitoring, East Palo Alto, CA
» Cordilleras Mental Health Center Replacement Project EIR and Permitting, San Mateo County, CA
» Caltrain Bridge Replacement at Los Gatos Creek Construction Monitoring and Biological Permit Compliance, San José, CA
» West Bay Sanitary District Flow Equalization Basin Flood Control Project EIR and Permitting, Menlo Park, CA
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City of Modesto | Contract Municipal Planning Services 17

EDUCATION
» BS, Natural Resource
Management, Cook College,
Rutgers University, Brunswick,
NJ

LENGTH OF EMPLOYMENT AT
MIG
» 14 years

TOTAL YEARS OF EXPERIENCE
» 19
Christopher Dugan

DIRECTOR OF AIR QUALITY, GHG, AND NOISE SERVICES
Christopher Dugan is a highly accomplished project director whose knowledge of local, state, and federal environmental regulations contributes to the successful preparation of required documentation and appropriate mitigation measures. Christopher’s undergraduate studies drew him to investigate how human development affects people and the planet. His specialization in air quality, noise, and greenhouse gases ensures that development proceeds in a responsible manner to protect critical resources. Christopher skillfully takes complex information from engineers, scientists, and other data sources and clearly conveys it in a way that is meaningful and helpful for decision-makers and the public. He uses the latest technology to make the process more efficient, accurate and comprehensive—resulting in better outputs as well as enhanced reporting and presentation. Christopher has developed and tailored emissions inventories using CalEEMOD, EMFAC, OFFROAD, etc.; performed screening and refined dispersion modeling (e.g., SCREEN, AERMOD); and developed mitigation measures to control and reduce stationary, area, fugitive, and mobile source emissions. Given that air and noise resources are essential quality of life factors, he is committed to delivering independent, objective analysis and consultation that enable clients to make the best choices from environmental, regulatory, and community-based perspectives.

SELECTED PROJECT EXPERIENCE
» Parkmoor Housing &Hub Project Mobile Source Air Toxics Risk Assessment.

San José, CA
» Noise Conditions Report Lawrence Mitty Park and Trail Site. Cupertino, CA » Freedom Circle Focus Area Plan and Greystar Project General Plan Amendment EIR, City of Santa Clara, CA
» Half Moon Bay Building and Garden Concrete Batch Plant Replacement Project EIR Noise Impact Analysis. Half Moon Bay, CA
» Guadalupe Bridge Replacement Project Construction Noise Mitigation Monitoring, San José, CA
» Junction Avenue Warehouse Project Air Quality and Noise and Vibration Assessment, San José, CA
» El Cerrito Eastshore Boulevard Apartments Project Air Quality, Construction Health Risk, Noise ad Vibration Assessments, San José, CA » County Government Center Campus Development EIR and Construction Noise Monitoring Services, San Mateo County, CA
» Mitchell Education Building Renovation and Addition Project Noise Impact Report, Sunnyvale, CA
» I-280 Juniper Serra Trail Project IS/MND, Cupertino, CA » Springridge Winery Conditional Use Permit Amendment Project Noise Impact Analyses, Portola Valley, CA
» 4057 Jefferson Avenue Subdivision Project IS/MND and Asbestos Dust Mitigation Plan, San Mateo County, CA
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City of Modesto | Contract Municipal Planning Services 18

EDUCATION
» BA, Environmental Studies
and Economics, Biology
Minor, University of the Pacific,
Sacramento, CA
» Graduate Study in
Environmental Studies,
California State University,
San José

LENGTH OF EMPLOYMENT AT
MIG
» 19 years

TOTAL YEARS OF EXPERIENCE
» 23
Christina Lau

LAND USE PLANNER / ENVIRONMENTAL ANALYST
Christina Lau has 20 years of experience managing, writing, and reviewing various types of land use, CEQA, and NEPA environmental documents, ranging from categorical exemptions to EIS/ EIRs, including managing the subconsultants that brought expertise to each project.

Christina has been a project manager, lead author, reviewer, or contributor to a variety of projects involving land use, parks and recreation, water and sewer infrastructure, schools, renewable energy, and various private residential, industrial, commercial, and retail developments. She also has previous experience in the preparation of joint NEPA/CEQA documents for transportation projects while working as an environmental planner for Caltrans.

SELECTED PROJECT EXPERIENCE
» San Bruno Tank No. 2 (Cunningham Way) Tank Replacement IS/MND, San Bruno, CA
» Lawrence-Mitty Park and Trail Master Plan IS/MND, Cupertino, CA » I-280 Trail IS/MND, Cupertino, CA
» Focused General Plan Update EIR, San Carlos, CA
» 310-330 Esplanade Avenue Infrastructure Preservation EIR, Pacifica, CA » Shoreline Golf Links Bridges Replacement IS/MND, Mountain View, CA » Kirby Canyon Refuse and Disposal Facility Improvements EIR, Morgan Hill, CA
» Flow Equalization and Resource Recovery Facility Horizontal Levee and Water Recycling Facility Project, Menlo Park, CA
» Annual Water and Sewer Mains Replacement Project IS/MND, Mountain View, CA
» Innovation Campus IS/MND, Milpitas Unified School District, Milpitas, CA » 200 Manabe Ow Warehouse Industrial Project IS/MND, Watsonville, CA » Duval, Elena, Padre, Seton, Josefa Water Main Replacements IS/MND, Los Altos Hills, CA
» Baylands Comprehensive Conservation Plan IS/MND, Palo Alto, CA » Cupertino Parks and Recreation Master Plan IS/MND, Cupertino, CA » Atherton Cartan Field Underground Stormwater Capture Facility IS/MND, Atherton, CA
» San Mateo County Government Center Campus Development EIR, Redwood City, CA
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City of Modesto | Contract Municipal Planning Services 19

EDUCATION
» MS, Historic Preservation,
Columbia University in the City
of New York, New York, NY
» BA, History, University of
California, Santa Cruz

REGISTRATIONS
» Certificate of Completion,
Section 106: A Review for
Experienced Practitioners,
National Preservation Institute,
San Francisco, CA
» Meets the Secretary of
the Interior’s Professional
Qualification Standards in
History and Architectural
History

LENGTH OF EMPLOYMENT AT
MIG
» 2 years

TOTAL YEARS OF EXPERIENCE
» 12 years
Eleanor Cox, MS
CULTURAL RESOURCES SPECIALIST | MIG
Eleanor Cox is a highly accomplished preservation specialist and project manager dedicated to broadening the application of cultural resources management to include holistic planning practices that work for diverse communities. An internship with the National Park Service put Eleanor on the path to graduate school and a 10-year career in historic preservation planning spanning the United States in both the private and public sectors.

She helps clients consider a place and all its layers and components—historic and archeological, social and spiritual, natural and man-made—as they decide upon its future. Combined with her research, analysis, and writing skills, Eleanor’s expertise and experience enable her to efficiently guide clients through often complex planning processes that require balancing client and stakeholder needs with existing historic resources. She is passionate about creating effective long-term stewardship strategies that allow for change while recognizing and maintaining the significant past.

SELECTED PROJECT EXPERIENCE
» 3029 MacDonald Ave Historic Resource Evaluation, Richmond, CA » Broadway Commercial Corridor Specific Plan, Existing Conditions Memo:

Historic Resource Constraints, Burlingame, CA
» Canamah Bluffs Indian Burial Research Technical Memo, Oregon City, OR » Solano County Hall of Justice, Cultural Resource Constraints Analysis Memos, Fairfield, CA
» Fremont Park Historic Resource Study, Santa Rosa, CA
» Ukiah Railroad Depot Historic Resource Evaluation, Ukiah, CA » Ben Bacon Ranch Historic District Cultural Landscape Report, Pinnacles National Park, CA
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City of Modesto | Contract Municipal Planning Services 20 Virginia Morgan

PLANNING PROJECT ASSOCIATE
Virginia Morgan has a range of experience from social and environmental research to supporting current planning projects. As a project associate at MIG, Virginia has served as a contract planner for multiple jurisdictions including Richmond, Belvedere, and Mono County. During her work as a contract planner, she has provided prompt and professional coordination with applicants, as well as the preparation of reports for planning commissions, design review boards, and design review study sessions.

Her current planning work has included projects ranging from small-scale residential updates to new, multifamily and mixed-use developments.

She has processed development entitlements to ensure their compliance with municipal codes and form-based codes, ordinances, general design standards and design guidelines for heritage homes, CEQA, and streamlined housing projects under California State Law SB-35.

SELECTED PROJECT EXPERIENCE
» City of Richmond On-Call Planning Services, Richmond, CA » City of Belvedere Contract Planning Services, Belvedere, CA » Mono County Contract Planning Services, Mono County, CA

EDUCATION
» MS, Community Development,
University of California, Davis
» Graduate Certificate,
Landscape Architecture
+ Environmental Design,
University of California, Davis
» BA, Environmental Studies,
University of Maryland,
Baltimore County

LENGTH OF EMPLOYMENT AT
MIG
» 1 year

TOTAL YEARS OF EXPERIENCE
» 2
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City of Modesto | Contract Municipal Planning Services 21

EDUCATION
» BA, Urban Studies, Minor
in Landscape Architecture,
University of California,
Berkeley

LENGTH OF EMPLOYMENT AT
MIG
» 1 year

TOTAL YEARS OF EXPERIENCE
» 1.5 years
Emily Sanchez-Resendiz

PLANNING PROJECT ASSOCIATE
Emily Sanchez-Resendiz supports MIG clients through thorough contract planning services and on-call planning support. Emily primarily reviews development proposals to ensure compliance with local policies and code requirements. She holds a high standard for all forms of communication and is experienced in navigating interdepartmental coordination to ensure efficient project progress (e.g., applicant and agency correspondence). She has a passion for people-centered design and the importance of community health in urban development.

Emily has experience in the public, nonprofit, and private sectors. Her work at MIG has included project developments subject to Form-Based Codes and aiding in the facilitation and planning of outreach initiatives such as the Contra Costa County Collaborative. Her work before MIG has allowed her to refine her skills in several areas, including outreach strategies, GIS analyses, field mapping, and fluent bilingual abilities to produce aesthetically appealing resources in English and Spanish. Some of her most proud accomplishments are pioneering the implementation of GIS services in her hometown’s Public Works department and serving an important role in producing outreach materials and plans for Carr Lake, an ecological restoration project in Salinas, California.

SELECTED PROJECT EXPERIENCE
» Richmond Nature to Neighborhoods Cultural Facility Development Project Review and Processing, Richmond, CA
» Town of Moraga On-Call Planning Services (on-site), Moraga, CA » Association of Bay Area Governments/Metropolitan Transportation Commission, Regional Housing Technical Assistance for Contra Costa County Collaborative, Contra Costa County, CA
» Carr Lake Ecological Restoration and Park Project, Salinas, CA* * Work completed prior to joining MIG
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City of Modesto | Contract Municipal Planning Services 22

EDUCATION
» BS, City and Regional
Planning, California
Polytechnic State University,
San Luis Obispo

LENGTH OF EMPLOYMENT AT
MIG
» < 1 year

TOTAL YEARS OF EXPERIENCE
» < 1 year
Gabrielle DeLavallade

PLANNING PROJECT ASSOCIATE
Gabrielle DeLavallade supports MIG clients through contract planning services. She provides thorough and comprehensive reviews of permit applications for compliance with municipal zoning standards, and she has specifically worked with unique and historic design guidelines, including form-based code, CEQA exemptions, and general site regulations.

In addition, Gabrielle has prepared decision documents for planning commissions, zoning administrators, and design review study sessions. Her current planning work ranges from processing minor parcel subdivisions and new single- and multi-family dwellings to commercial and office use developments. Gabrielle is passionate about making planning accessible to the public and maintaining transparent communication between clients, planners, and applicants.

Prior to joining MIG, Gabrielle participated in the editing and review of Mitigated Negative Declarations (MNDs) for several cannabis manufacturing and cultivation projects in San Luis Obispo County. She also worked with projects involving environmental characteristics such as airport overlay zones, archeologically sensitive resources, environmentally sensitive habitats, and small-scale community design.

PROJECT REFERENCES
» City of Richmond On-Call Planning Services, Richmond, CA » Town of Moraga On-Call Planning Services, Moraga, CA
» San Joaquin County On-Call Planning Services, San Joaquin County, CA » Tracy Dirt Pit, LLC Processing and IS/MND Review for truck trailer and cargo storage, Tracy, CA
» Borealis Energy Storage Project, Sonoma County, CA
» EC Grow, LLC IS/MND cannabis cultivation, New Cuyama, CA* » G&A Industries, LLC IS/MND cannabis cultivation and manufacturing, Templeton, CA*
* Work completed prior to joining MIG
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City of Modesto | Contract Municipal Planning Services 23

EDUCATION
» Master of Urban Design,
University of California,
Berkeley
» BArch, Sir J.J. College of
Architecture, Mumbai

LENGTH OF EMPLOYMENT AT
MIG
» 1 year

TOTAL YEARS OF EXPERIENCE
» 3 years
Sagarika Nambiar

URBAN DESIGN PROJECT ASSOCIATE
Sagarika Nambiar provides clients with plans anchored in a clear process and understanding of community needs, backed by solid research and presented in a clear and compelling way. She believes in using the urban design practice as a tool to give agency back to those who are in need to make cities more inclusive and equitable. Sagarika creates spaces and places that evoke emotion, spark curiosity, and improve the everyday lives of people. Her nascent inclinations towards urbanism helped shaped her professional career, focused on both design and research of the public realm. Her aim as an urban designer is to create quality public spaces with a focus on placemaking, liveability, walkability, and sustainability, so cities can become healthier and resilient.

Sagarika's strong urban design background and graphic presentation skills has helped her to reflect people’s aspirations and expectations for their cities and everyday lives, building on each individual community's unique character, needs, and vision.

SELECTED PROJECT EXPERIENCE
» Redding Riverfront Specific Plan and EIR, Redding, CA » Blue Diamond Growers Design Guidelines, Sacramento, CA » San Diego County Objective Design Standards, San José, CA » King Road Complete Streets Project, San José, CA
» Broadway Specific Plan, Burlingame, CA
» Brisbane Urban Design Services, Brisbane, CA
» Vision Sitabuldi District, Nagpur, India*
» TOD Standard Assessment Research (ITDP New York), Mumbai, India* * Work completed prior to joining MIG
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City of Modesto | Contract Municipal Planning Services 24

3. Project Experience and References

PROJECT DETAILS
Firm: MIG
Client: County of San Joaquin
Location: San Joaquin County
Dates: 2022 – Ongoing
San Joaquin County Contract Planning Services
MIG is currently providing on-call contract staffing to support San Joaquin County’s Community Development Department. Projects included entitlements for a battery energy storage system to be connected to a PG&E facility, as well as peer review of the associated Environmental Impact Report. The battery storage project required extensive grading and was on a site that contains biological resources. MIG’s work included extensive coordination with the applicant, managing the EIR process on behalf of the County, and preparing Planning Commission and Board of Supervisors decision documents. MIG is currently processing a Use Permit application for Tracy Dirt, a project proposing parking for 390 trucks and 390 trailers, which will also require environmental review. MIG’s work includes peer reviewing the Initial Study/Mitigated Negative Declaration, a General Plan Amendment, and project entitlements.

MIG also provided project management services to the County prior to the recently voter-approved incorporation of Mountain House. MIG reviewed the Comprehensive Fiscal Analysis required by the State, coordinating extensively with the San Joaquin Local Agency Formation Commission and the Community Development Department.

MIG’s ongoing work in San Joaquin County requires responsive communication, problem-solving, and the facilitation of interactions between multiple agencies, organizations, and stakeholders.
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City of Modesto | Contract Municipal Planning Services 25 MIG is currently providing on-call planning services to the City of Richmond’s Community Development Department to assist with staff transitions, increased development activity, and special long-term projects. Our services include general support to the Planning Division and being on call for on-site counter services.

MIG staff processes and reviews development applications including industrial and multifamily residential design review projects, density bonus incentives, lot splits, lot line adjustments, small-lot subdivisions, and conditional use permits. MIG’s assistance and thorough review ensures that each project complies with State law timelines and requirements, including the Permit Streamlining Act, California Environmental Quality Act, Subdivision Map Act, SB330, SB 9, SB 35, and Density Bonus Law.

For each project, MIG staff act as an extension of City staff and are intimately involved in all aspects of permit processing. We bring each project through all steps of the entitlement process, including internal review by the Technical Review Committee, the Zoning Administrator, Design Review Board, Planning Commission, and City Council, as required. Upon assignment of a project, MIG staff are proactive in initiating and maintaining an open line of communication with applicants, City staff, and other City Departments, and we work with applicants to ensure projects meet the City’s policies and regulations. MIG’s graphic designers are also creating infographics for the Planning Division. Two initial projects include visually explaining zoning requirements and educating the community about how and where accessory dwelling units can be built.

PROJECT DETAILS
Firm: MIG
Client: City of Richmond City
Location: Richmond, CA
Dates: 2023 – Ongoing
Richmond On-Call Planning Services
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City of Modesto | Contract Municipal Planning Services 26

PROJECT DETAILS
Firm: MIG
Client: City of San Rafael
Location: San Rafael, CA
Dates: 2020 – Ongoing
MIG is providing contract staffing to support the City of San Rafael in the review of residential, mixed-use, and small-scale projects, as well as General Plan amendments and zone changes. Our services include the preparation of staff reports, resolutions, and conditions of approval related to applications for Environmental and Design Review, Use Permit, Variance, wireless and small-cell wireless, and exceptions to Hillside Design Guidelines. MIG has also provided on- and off-site counter planning services, planning permit intake, and interim planning manager services. We facilitate inter-department coordination, maintain the City’s permitting system (Trakit) and City files, manage/coordinate with other consultants, peer review CEQA documents, and present projects at public hearings.

City of San Rafael Contract Planning Services
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City of Modesto | Contract Municipal Planning Services 27

PROJECT DETAILS
Firm: MIG
Client: City of Redwood City
Location: Redwood City, CA
Dates: 2009 – 2021
MIG completed this program EIR, which addressed improving the pedestrian, bicycle, and transit environment of downtown Redwood City while retaining the area’s historic character. Key environmental issues included aesthetics (with an extensive shadow impacts analysis), land use and planning, historic resources (including a comprehensive downtown historical resources inventory), transportation (incorporating a pedestrian-priority mitigation approach), public services, noise, air quality, and climate change. This program EIR is the foundation for MIG’s On-Call CEQA Services to Redwood City because the EIR was comprehensively prepared anticipating the use of CEQA streamlining provisions for future individual projects.

MIG was the on-call CEQA consultant to Redwood City to review downtown project applications and prepare initial studies, using streamlining provisions available in CEQA and based on the MIG-prepared, City-certified Downtown Precise Plan EIR. The on-call work included: (1) reviewing project application materials for completeness (including necessary technical studies); (2) evaluating potential environmental impacts of the proposed projects against the Precise Plan EIR and mitigation monitoring and reporting program using CEQA Guidelines Appendix G (Environmental Checklist Form); and (3) preparing the initial studies, including a determination of what, if any, additional CEQA analysis is required. The downtown projects include multifamily residential, office, and mixed-use residential-retail and office-retail developments.

Downtown Redwood City Precise Plan, EIR, and On-Call CEQA Services Redwood City General Plan Page BE-39
Figure BE-6: Land Use Map
Bair Island
Bird Island
Greco
Island
S A N

F R A N C I S C O B A Y
Foster
City
San Carlos
Woodside
Atherton
Menlo Park
Bayfront
Park
Edgewood
County Park
Edgewood Rd
Farm Hill Blvd
Stockbridge Ave
de las
Slough
Slough
Selby Ln
Woodside Rd
Valota Rd
Pulgas
Alameda
Roosevelt Ave
Hudson St
King St
Elwood St
Arguello St
Brewster Ave
Jefferson Ave
Whipple Ave
Main St Veterans Blvd
Middlefield Rd
Fair Oaks Ave
9th Ave
Marsh Rd
5th Ave
Broadway
Seaport Blvd
Redwood Shores
Bridge Pkwy
Shell Pkwy
Marine
Beach Park Blvd
Ralston Ave
Club Dr
San
Carlos
Airport
San Carlos Ave
Brittan Ave
El Camino Real
Atherton Ave
El Camino Real
Middlefield Rd
Bay Rd
Twin Dolphin Dr
Smith Slough
Redwood Creek
Slough
Corkscrew
Westpoint Steinberger
Pkwy
Pkwy
Shearwater Pkwy
Be ml ont Slough
0 2,000 4,000 6,000 8,000
Fe
Source: Redwood City, 2008; Census Tiger Line Data, 20
General Plan Land Use
Residential ‐ Low (7 DU/AC Max.)
Residential ‐ Medium (20 DU/AC Max.)
Residential ‐ High (40 DU/AC Max.)
Residential ‐ Medium High (30 DU/AC Max.) Mixed Use ‐ Neighborhood (40 DU/AC Max.) Mixed Use ‐ Live/Work (20 DU/AC Max.)
Mixed Use ‐ Corridor (60 DU/AC Max.)
Mixed Use ‐ Downtown
Mixed Use ‐ Waterfront Neighborhood (40 DU/AC Max.)
Commercial ‐ Neighborhood (0.60 FAR Max.) Marina (20 DU/AC Max.) Commercial ‐ Regional (1.00 FAR Max.)
Commercial ‐ Office Professional/Technology (1.00 FAR Max.) Industrial ‐ Light (0.75 FAR Max.) Industrial ‐ Port Related (0.50 FAR Max.)
Light Industrial Incubator Overlay (1.00 FAR Max.)
Redwood City
Caltrain Station Proposed Ferry Terminal
Base Map Features
Residential
Waterways
Railroad
Urban Reserve
Schools
Public Facility
Preservation
Parks
Controlled Waterway
Hospital (2.00 FAR Max.)
San Francisco Bay
Sphere of Influence
Note:

The General Plan Land Use Map is to be used for reference purpose only.  Please contact the City of Redwood City Planning, Housing, and Economic Development Department for more information.

Commercial
Mixed Use
Industrial
Public/Quasi‐Public
Open Space
City Boundary
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City of Modesto | Contract Municipal Planning Services 28 References
We invite you to contact the clients identified on this page regarding our ability to deliver quality services
services on time and within budget.

CORINNE KING, DEPUTY DIRECTOR OF PLANNING
San Joaquin County, Planning Division
(209) 953-7509 | [email protected]
Contract: San Joaquin County On-Call Contract Staffing
2022–Ongoing

HECTOR ROJAS, PLANNING MANAGER, LONG

RANGE PLANNING
City of Vallejo
Formely with the City of Richmond and City of Martinez
(707) 553-7283 | [email protected]
Contract: City of Richmond On-Call Planning Services

ALICIA GIUDICE, DIRECTOR OF DEVELOPMENT

SERVICES
City of Rohnert Park
Formerly with the City of San Rafael
(707) 588-5536 | [email protected]
Contract: City of San Rafael On-Call Contract Staffing
2020–2021

LINDY CHAN, PRINCIPAL PLANNER
City of Redwood City, Community Development And
Transportation Department
(650) 780-7237 | [email protected]
Contract: Downtown Redwood City Precise Plan, EIR,
and On-Call CEQA Services
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City of Modesto | Contract Municipal Planning Services 29

4. Cost
MIG Staff Billing Rates
CATEGORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . $/HR Senior Principal/CEO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 Principal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230-250 Director/Senior Project Manager III. . . . . . . . . . . . 205-250 Senior Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180-230 Senior Associate Planner. . . . . . . . . . . . . . . . . . . . . 180-200 Senior Project Manager I-II. . . . . . . . . . . . . . . . . . . 180-200 Project Manager. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150-165 Planner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110-160 Assistant/Associate Planner. . . . . . . . . . . . . . . . . . . 110-160 Sr. Biologist/Ecologist/Analyst III. . . . . . . . . . . . . . 205-225 Sr. Biologist/Ecologist/Analyst I-II. . . . . . . . . . . . . . 180-200 Biologist/Ecologist/Analyst I-IV. . . . . . . . . . . . . . . . . 110-165 Field Crew . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Senior CAD/GIS/Graphic Analyst. . . . . . . . . . . . . . . 135-165 CAD/GIS/Graphic Analyst. . . . . . . . . . . . . . . . . . . . . . 110-130 Administrative Support. . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Senior Archaeologist/Historian. . . . . . . . . . . . . . . . 185-200 Archaeologist/Historian. . . . . . . . . . . . . . . . . . . . . . . 110-165 Senior Landscape Architect. . . . . . . . . . . . . . . . . . 185-200 Landscape Architect. . . . . . . . . . . . . . . . . . . . . . . . . . 150-165 Landscape Designer. . . . . . . . . . . . . . . . . . . . . . . . . . 120-130 ADA Specialist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135-155 Sr. Facilitator/Engagement Specialist. . . . . . . . . . . 155-185 Facilitator/Engagement Specialist. . . . . . . . . . . . . . 110-150 Digital Engagement/Web Design. . . . . . . . . . . . . . . 145-190 Graphic Designer/Visualization. . . . . . . . . . . . . . . . . 110-165 Expenses
CATEGORY . . . . . . . . . . . . . . . . . . . . . . . . . . . BASIS Commercial travel. . . . . . . . . . . . . . . . . . . . . . . . . Cost + 10% Automobile travel. . . . . . . . . . . . . . . . . . . . . Current IRS rate Lodging/Meals. . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost + 10% Photocopy (A and B sizes). . . . . . . . . . . . . . . . . $0.10/image Color copies. . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.50/image Commercial report reproduction. . . . . . . . . . . . Cost + 10% Subcontractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost + 10% Unless specified otherwise by prior agreement, invoices are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 1-1/2% per month. MIG labor includes all overhead.

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(559) 449-4500 | [email protected] | 1234 O Street, Fresno, CA J A N U A R Y 1 3 , 2 0 2 3

REQUEST FOR QUALIFICATIONS

CONTRACT MUNICIPAL PLANNING SERVICES

CITY OF MODESTO
S O U R C E : G O O G L E I M A G E S
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COVER LETTER 1
FIRM PROFILE 2
SCOPE OF SERVICES 3
MANAGEMENT APPROACH 5
KEY PERSONNEL 6
PROJECT EXPERIENCE 7
BUDGET PROPOSAL 12
APPENDIX. KEY PERSONNEL RESUMES 13

TABLE OF CONTENTS
PRECISION CIVIL ENGINEERING, INC.
i
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Dear Jessica Hill:

Precision Civil Engineering, Inc. (PCE) is pleased to submit our statement of qualifications to the City of Modesto in response to the Request for Qualifications (RFQ) for Contract Municipal Planning Services. PCE is interested in being retained as a Contract Planning Consultant to prepare planning studies and reports, update plans, review the municipal code and prepare amendments, conduct outreach, communicate with State staff, and provide any planning related consulting on an as-needed basis for the City.

PCE is a California corporation and a state-certified small business headquartered in Fresno, with additional offices in Merced and Visalia, California. PCE has been serving private and public sector clients for over 20 years. We offer a full range of development consulting services including Environmental and Land Use Planning, Civil Engineering, Land Surveying, Landscape Architecture, and Construction Management. A summary of our firm and our services are detailed later in this document. Our team's collective experience and specializations in housing element implementation, ordinance amendments, public outreach, land development projects and subdivisions, mapping/GIS, and knowledge of applicable laws and requirements within these areas make us the ideal team to serve the City of Modesto. Our team brings:

Recent Similar Project Experience | PCE's Project Team has extensive experience working with public sector clients, including on-call planning services for City of Atwater, City of Clovis, City of Hanford, City of Kerman City of Lemoore, and City of Yreka; as well as housing implementation projects for City of Arvin, City of Clayton, City of Fresno, City of Kerman, City of Merced, City of Oakley, City of Salinas, City of San Clemente, and Fresno Council of Governments.

Management and Coordination | PCE's key to successful project management is responding to client's requests and smooth communication to ensure that projects are prioritized and delivered as needed.

Strong Project Team | PCE's Project Team is composed of individuals who bring experience on similar projects throughout California. PCE's Vice President of Planning and Senior Project Manager, Bonique Emerson, MAUP, AICP will serve as the Project Manager and lead contact for communications. Our assembled team for this project consists of our Planning Division, including Kelsey George, Senior Planner, AICP, Jenna Chilingerian, MCRP, AICP, Senior Associate Planner, and Shin Tu, MUP, AICP Candidate, Associate Planner. Our team has the availability and time to dedicate personnel and resources necessary to provide the current planning services as identified in your RFQ.

On behalf of the PCE team, I would like to thank you for considering our firm to provide these services. We greatly look forward to the opportunity to work together.

JANUARY 13, 2023

CITY OF MODESTO

PLANNING DIVISION
ATTN: JESSICA HILL, ACTING PLANNING MANAGER
P.O. BOX 642
MODESTO, CA 95353
1 1234 O STREET
FRESNO, CA , 93721
P. (559) 449-4500
F. (559) 449-4515
Project Manager (Main Contact):

Bonique Emerson, MAUP, AICP
VP of Planning Division (Project Manager)
[email protected]
(559) 449-4500
Edward D. Dunkel, Jr.

President & CEO, Precision Civil Engineering
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Office Locations
1234 O Street, Fresno, CA 93721
2807A G Street, Merced, CA 95340
3000 W. Main Street ,Visalia, CA
93291
Website
www.precisioneng.net
Firm Size
50 Total Staff Members
Civil
Engineering
Land
Surveying
Planning
Construction
Management
Landscape
Architecture
Project
Management
Environmental
Services
Traffic
Engineering
Firm Representative
Edward Dunkel, Jr. CEO & President
p. (559) 449-4500 f. (559) 449-4515
e. [email protected]

ABOUT PCE
Firm Legal Identity
PCE is a California corporation and a
state-certified small business located
in Fresno, CA that has been in
business for 20 years.

Started in 2002, Precision Civil Engineering, Inc. (PCE) is an established, full-service firm with experience providing comprehensive and sustainable solutions for a wide range of complex projects throughout California. Our roots are firmly established by fifth-generation California resident and company CEO & President, Ed Dunkel, Jr. whose family has provided engineering services throughout the state for more than 57 years. Today, our firm employs over 50 full-time staff members with offices in Fresno, Merced, and Visalia. Our divisions include:

Who We Are | PCE is a California corporation
and is organized by divisions which are each
headed by licensed division managers, with
daily operations overseen by the company
president, Mr. Edward Dunkel, Jr. PCE
approaches every project with the philosophy
that we are more than just an engineering firm;
we are your advocate, every step of the way.

From a project’s inception to completion, PCE
remains attentive to our client's needs and
responds immediately to calls for service.

Schedules are developed then monitored
weekly by managers and supervisors.

Preparation of our technical studies are
modeled to minimize cost without
compromising competent solutions or legally
required technical analysis. To ensure quality
control, reports are subjected to a
comprehensive in-house review process.
"WE ARE DEDICATED TO USING CUTTING EDGE,

STATE-OF-THE-ART TECHNOLOGY IN ORDER TO

PROVIDE INNOVATIVE AND AFFORDABLE
SOLUTIONS FOR OUR CLIENTS."

FIRM PROFILE
PRECISION CIVIL ENGINEERING, INC.
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CURRENT PLANNING SERVICES | PCE staff has experience processing various types of planning entitlement applications from zone clearances to plan amendments and tract maps for large-scale development projects. We have a strong understanding of the planning process including understanding how to implement complex development codes and general plans at the project level.

We will follow the protocols outlined by your governing agency to make sure projects are processed consistently and accurately. However, if there is no established procedure for a project type or process, we have the experience and expertise to be able to write up a procedure. We can see a project through completion, including presenting at Planning Commission and City Council if needed.

Our experience working directly on entitlements and supervising the process puts us a step ahead of most firms. Our services include:

SCOPE OF SERVICES

SPECILIZATIONS AND SERVICES WE PROVIDE
Site Plan Reviews
Tentative Tract Maps and Subdivisions
Variance applications
Staff Reports, Resolutions, and Ordinances
Conditional Use Permits
Ordinances and Resolutions
Plan Amendments
Municipal Service Review (MSR)
ADU programs
Multifamily streamlining and facilitation programs
Text amendments increasing or eliminating density caps
Text Amendments to create streamlined review process
Creation of Object Design Guidelines
Creation of public facing, graphic-rich guide documents Creation of design surveys to solicit input for the public Clearing housing projects through the CEQA process
HOUSING ELEMENT IMPLEMENTATION EXPERIENCE | PCE is equipped to assist the City of Modesto in developing and implementing different housing programs and policies, including affordable housing projects. We have prepared several ADU programs throughout the state to address the housing crisis and encourage the development of secondary dwelling units. PCE is well versed in state legislation pertaining to housing, including SB2, SB9, SB10, and SB330.

Since 2020, PCE has worked with six (6) local agencies to implement ADU and multi-family Programs including the City of Oakley, City of Clayton, City of Kerman, Fresno Council of Governments, City of Arvin, and City of Salinas. Each of these projects have included the preparation of pre-approved plans and visual guides to encourage the development of ADUs. For the Cities of Arvin, Salinas and San Clemente, our work related to Housing Element Implementation has included the rezoning of multiple sites and the preparation of several CEQA documents related to these rezone applications.

PCE is also amending the Municipal Code in the cities of San Clemente and Arvin to streamline the review of multi-family projects. Examples of types of assistance PCE can provide include the following:

Rezone applications
Area Plan and Specific Plans
Annexations and Pre-Zones
ADU Ordinances and Pre-approved Programs
Zoning Text Amendments
Housing Element Implementation
Building Permit Review
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SCOPE OF SERVICES (CONT.)

SPECILIZATIONS AND SERVICES WE PROVIDE
Initial Study/ Mitigated Negative Declaration Preparation Coordination of the CEQA process
Coordination of the NEPA process
Preparation of required technical studies
Review and Analysis of technical studies
Mitigation Monitoring/Compliance Verification
Consultation on type of analysis required and preliminary environmental review Third-party review of environmental documents prepared by others Tribal Consultation
CEQA/NEPA ENVIRONMENTAL ASSESSMENTS AND TECHNICAL STUDIES | PCE prepares environmental documents for development and public improvement projects in accordance with the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA).

We have extensive knowledge of the potential legal and technical challenges that could arise in the environmental planning process. Our services and areas of expertise include:
4 Policy/plan implementation training
Workshopping with city leaders, stakeholders, and community members Providing tools and instruction to any interested party to better understand the planning process Establishing easy-to-follow guidebooks as reference documents TRAINING / PCE staff can provide a variety of training for city staff, City Council, and Planning Commission. We have successfully implemented numerous ordinance and text amendments, which required staff training on implementation of said amendments to the members responsible for seeing them through. Additionally, in creating accessory dwelling unit (ADU) programs from scratch in several cities, PCE has prepared workshops for commissioners and councilmembers to ensure all city staff is trained on the new policies and provide the necessary instruction to implement a successful policy. The PCE team regularly presents at conferences and webinars to share best practices and lessons learned from working on different types of projects in cities throughout the state. In addition, our staff regularly attends trainings to remain current on the everchanging policies including housing and environmental issues to better serve the cities requesting services. Our services and areas of expertise include:
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MANAGEMENT APPROACH
Host Kick-Off Meeting with the City team.

Establish File Setup, Communications, and Management Systems (e.g. teleconference or web-based meeting applications, Drop Box, One Drive, etc.).

Update Work Program and Schedule as needed.

Establish a re-occurring meeting schedule (e.g. bi-weekly, monthly).

Provide monthly progress/status reports and invoices.

Project Management is a central and critical component of PCE's approach to completing the project on time and within budget. Our approach to projects is grounded in principles of flexibility, transparency, and accountability. We operate from a structured yet flexible framework wherein our team builds a work program that incorporates the needs of the city and stakeholders while subsequently allowing for quick adjustments and adaptability when needed. PCE's Project Manager, Mrs. Emerson will work closely with the City of Modesto's Project Manager. PCE's approach, tools, and procedures for successful project management are outlined as follows. To ensure that projects will continue to move forward in an efficient and timely manner, for each individual project, PCE will:

PROJECT MANAGEMENT TOOLS

PROJECT MANAGEMENT APPROACH
Consistent email subject lines.

Standardized document formats, templates, and style guides.

Agendas and minutes as needed.

Documents, notices, and maps are reviewed to ensure that they are neat in appearance, well organized, and technically and grammatically correct prior to submission.

Public/City comments are reviewed prior to revisions being made and fully addressed.

A Senior Planner level or higher will review all documents before sending to the City for review.

Understanding unique scope. PCE understands that individual projects need to include different approaches, processes, and technical studies. Though PCE has extensive experience in our provided services, we understand the importance to include the city's and specific site conditions to plan for a tailored and feasible work scope to ensure that each project is carried out as needed. PCE will provide the City with an Approach Memo and have lively discussions to ensure that the direction we take is based on clear City input and direction informed by PCE's research and recommendations, depending on the type of project.

Establishing effective communication throughout the project. PCE believes that one of the most critical issues for a project is effective communication with clients. PCE will establish regular working meetings with the City of Modesto for progress updates, detailed responsibility breakdowns, and discussion on possible concerns. PCE will also communicate with State or other entities, such as HCD, to ensure there is a unified understanding among all parties.

Ensure quality and ability to meet deadlines. PCE has established a vigorous and extensive quality control program that is structured to ensure project timelines and budgets are met, as follows:

PROJECT AND MANAGEMENT APPROACH
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6 Bonique Emerson, MAUP, AICP has over 19 years of experience as a Planner and Project Manager (3 years at PCE), spending the majority of those years with the City of Fresno Current Planning Division. While at the City of Fresno, Mrs. Emerson worked her way from a Planner I to the Current Planning Division Manager. Through these roles, she processed hundreds of entitlement applications, implemented the General Plan and Development Code at the project level, and played a key role in coordination among the public agency, developers, and residents.

Certification: Certified Planner through the American Institute of Certified Planners (AICP)

BONIQUE EMERSON,

MAUP, AICP
VP of Planning Division /
Senior Project Manager
Project Role:

Project Manager/
Planning Manager
Jenna brings more than 9 years of experience in planning, community and economic development, and program management in the nonprofit and public sectors (2.5 years at PCE). At PCE, Jenna provides CEQA services for public and private sector projects, on-call planning services for local agencies, and development and entitlement services for private sector clients. Jenna is an active AEP and APA member, participating in webinars and workshops to remain up to date on current environmental legislation, procedures, and best practices.

Certification: Certified Planner through the American Institute of Certified Planners (AICP)

JENNA CHILINGERIAN,

MCRP, AICP
Senior Associate Planner
Project Role:

Project Coordinator/
Planner
Kelsey George brings over 9 years of experience in city planning, community development, and environmental and sustainable development (1 year at PCE). With nearly 5 years of municipal planning experience in the Central Valley, she has worked on a various and diverse portfolio of urban planning work. Through private and public sector planning roles she has developed extensive experience information analysis, project management, CEQA, citizen engagement, community development, and local government.

Certification: Certified Planner through the American Institute of Certified Planners (AICP)

KELSEY GEORGE
Senior Planner
Project Role:

Project Coordinator/
Planner
Shin brings her knowledge of communications, site planning, data analysis, and environmental planning (1.5 years at PCE). At PCE, Shin provides services such as due diligence, planning entitlements, on-call planning support staff, environmental review, GIS database management and mapping, fiscal analysis, graphics, data visualization, and branding designs.

Certification: Candidate for Certified Planner through the American Institute of Certified Planners (AICP Candidate)

SHIN TU, MUP
Associate Planner
Project Role:

Planner

KEY PERSONNEL
The following provides the name, title, project roles, short profile, and certification/training of the key personnel assigned to this project. Resumes are provided at the end of this proposal.

NAME AND EXPERIENCE OF KEY PERSONNEL
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PROJECT EXPERIENCE
The following provides descriptions and references of past projects in the last three (3) years that PCE's Planning Team and key personnel included in this proposal worked on. We are uniquely qualified to serve the City of Modesto based on our experience working on planning projects in both the private and public sectors in both large and small communities throughout California. Our staff understands the dynamics of local government planning and responds quickly to needs.

PCE'S PROJECT EXPERIENCE WITH REFERENCE INCLUDED

CURRENT PLANNING SERVICES
Application Processing and Review for Conditional Use Permits and Site Plan Review applications including the preparation of the staff reports, resolutions, and conditions of approval.

Management of the City's ADU Program which includes the preparation of pre-approved ADU plans and a how-to-guide for homeowners.

Management of the City's Mixed-Use Conceptual Design Program which includes the preparation of mixed-use conceptual designs and design guidelines.

Management of the City's Multi-Family Conceptual Design Program which includes the preparation of multi-family conceptual designs and design guidelines.

Management of several large-scale development projects
Preparation of resolutions and conditions of approval for an affordable housing project.

Preparation of Initial Study/Mitigated Negative Declaration for the Atwater Family Affordable Housing Project, including technical analyses, public noticing, and State Clearinghouse documents.

Peer Review of Initial Study/Negative Declaration for the City of Atwater 1,2,3-TCP Mitigation Project.

Preparation of Initial Study/Mitigated Negative Declaration for the Bert Crane Solar Facility Project, including technical analyses, public noticing, and State Clearinghouse documents.

Preparation of Categorical Exemption for the Railroad Avenue Business Park.

Preparation of Categorical Exemption for Redwood Mixed Use Project.

Preparation of Categorical Exemption for Atwater Cannabis Dispensary, Distribution, and Cultivation Project.

Preparation of Categorical Exemption for Atwater Warehouse Facility.

City of Kerman On-Call Planning Support Staff (2021-Present) PCE provides on-call Planning staff support services to the City of Kerman Community Development Department on an as-needed basis. Completed projects include:

Current, on-going projects include:

Reference: Jesus R. Orozco, Community Development Department Director | [email protected] | (559) 846-9386.

City of Atwater On-Call Planning/Engineering/Environmental Services (2020-Present) PCE provides on-call engineering and environmental planning services for the City of Atwater, on an as-needed basis. Services include but are not limited to research, consultation, and preparation of CEQA environmental documents ranging from Categorical Exemptions to Initial Studies/Mitigated Negative Declarations, to Environmental Impact Reports. Completed projects include:

Reference: Greg Thompson, Community Development Director | [email protected] | 209-357- 6370
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Preparation of CEQA Documents for three (3) General Plan Amendment/Rezone projects, including technical analyses, public noticing, and State Clearinghouse documents.

Application Processing and Review for three (3) General Plan Amendment/Rezone projects through Public Hearing and Adoption, including preparation of staff reports, presentations, resolutions, and public noticing documents.

Application Processing and Review for two (2) Roadway Abandonments through Public Hearing and Adoption, including preparation of staff reports, presentations, resolutions, and public noticing documents.

Weekly processing of Plan Checks for single-family, accessory structures, and pools.

Preparation and submittal of California Department of Fish and Wildlife Lake and Streambed Alteration Program Routine Maintenance Agreement
Assisting with a comprehensive zoning code update to facilitate two new housing programs Assisting with general department work on an as-need basis which includes processing entitlements as well as staff training and environmental services.

City of Clovis On-Call Planning Support Staff (2020)
PCE provided on-call Planning Staff support services to the City of Clovis Planning & Development Services Department, Planning Division, on an as-needed basis to assist with during a staffing shortage. Services included planning research, entitlement processing, and drafting of staff reports in addition to performing environmental review for initial studies. Completed projects included the preparation of a Staff Report and conditions of approval for a Conditional Use Permit and an Initial Study for a Conditional Use Permit.

Reference: Ricky Caperton, former Deputy City Planner | [email protected] | 707-257-9604 City of Hanford On-Call Planning Support Staff (2021-2022) PCE provided on-call Planning staff support services to the City of Hanford Community Development Department on an as-needed basis. Completed projects include:

Reference: Mary Beatie, Interim Community Development Department Director | [email protected] | 559-585-2500
PCE provides on-call engineering and environmental planning services for the City of Atwater, on an as-needed basis. Services include but are not limited to research, consultation, and preparation of CEQA environmental documents ranging from Categorical Exemptions to Initial Studies/Mitigated Negative Declarations, to Environmental Impact Reports. Completed projects include:

City of Yreka On-Call Planning and Environmental Consulting Services (2022-Present) PCE provides on-call planning staff support services to the City of Yreka Planning Department on an as-needed basis. Current, on-going projects include:

Reference: Juliana Lucchesi, Planning Director | [email protected] | (530) 841-2324 City of Lemoore On-Call Planning Services (2022-Present) No projects yet.
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9 ADU Ordinance Template
Staff Report & Hearing Presentation Template
ADU Building Permit Application and Checklist Template
ADU Internal Policy and Procedure Template
Pre-Reviewed Plans and Elevations
ADU Overview Handout for Front Counter/Public
ADU How-to Guide Template
ADUs 101: https://www.youtube.com/watch?v=ZjpOlaz2MKQ&feature=youtu.be ADUs 101: https://sjvcogs.org/wp-content/uploads/2022/05/Accessory-Dwelling-Units101_SJVRPC_2022-05-12-1.pdf ADUs 201: https://sjvcogs.org/reap/reap-workshops/
ADU Ordinance Implementation
Implementation of Pre-Approved Plans
Preparation of How-to Guide for Homeowners
Public Meetings and Other Implementation Services
Zoning Updates: Ordinance, Illustrative Designs, and Internal Policy and Procedure Site Analysis, Site Clearance, and Completion of Initial Studies Draft ADU Ordinance in compliance with state ADU law
Preparation of a How-to-Guide for Homeowners
Preparation of Pre-Approved ADU Plans and Elevations
San Joaquin Valley Regional Early Action Planning Program (2021-Present) PCE has established the San Joaquin Valley ADU Program through the San Joaquin Valley Regional Early Action Planning (REAP) Program to provide technical assistance and expertise for implementing ADUs in San Joaquin Valley communities. The program is intended to assist local government agencies. The efforts are ongoing through 2023 with the following deliverables:
a. San Joaquin Valley ADU Implementation Guide
PCE prepared the "Local Agency's Guide to Implementing ADUs in the San Joaquin Valley to provide guidance, considerations, templates, and examples for use by cities and counties in the San Joaquin Valley when implementing ADUs. PCE prepared the following suite of tools:

Deliverables: The guide is available to view on the San Joaquin Valley REAP ADU webpage:
https://sjvcogs.org/reap/adus/
As part of these efforts, PCE also facilitated three ADU webinars. b. San Joaquin Valley ADU Technical Assistance
PCE is now providing technical assistance to local government agencies in customizing the suite of tools for use in their jurisdiction. PCE is currently assisting the City of Stockton, City of Lodi, and the County of Madera. PCE is offering the following forms of assistance:

Reference: Robert Phipps, SJV REAP Manager | [email protected] | (559) 233-4148 City of Arvin SB 2 & LEAP Implementation: Engineering, Environmental Review, and Planning Services (2021-Present)
PCE is providing engineering, environmental review, and planning services for the City of Arvin in order to assist with the implementation of SB 2 and LEAP-funded projects including but not limited to ADUs, updating zoning standards, and environmental analyses and studies for possible highdensity residential sites. The project is ongoing through 2022 and includes:

Reference: Christine Viterelli, Grant Writer | [email protected] | (661) 606-6052

HOUSING IMPLEMENTATION EXPERIENCE
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Infill Study
Pre-Approved Plans and Elevations
Handout and Visual Guide
Design Model Workbook
City of Merced Housing Programs (2022-Present)
PCE is currently working on three (3) housing programs for the City of Merced:
a. City of Merced Designer for Off the Shelf Master Plan Set for Cottages and ADUs PCE is providing design work and visual presentation of program deliverables for the City of Merced to establish the City's ADU Program. The efforts are ongoing through 2023 and will result in the following deliverables: 1) Pre-Approved Plans and Elevations, 2) Handout and Visual Guide, 3) Design Model Workbook.
b. City of Merced Consultant for Infill Study & Design of Master Plan for Duplexes and Triplexes PCE is preparing an infill study and providing design work and visual presentation of program deliverables for the City of Merced to establish the City's Duplex/Triplex Program. The efforts are ongoing through 2023 and will result in the following deliverables:
c. City of Merced Tiny Homes Ordinance and Zoning Updates PCE is preparing the Tiny Homes Ordinance for the City of Merced and updating the Zoning Ordinance to provide increased housing choices, encourage affordability by design, promote infill growth, and ensure compliance with State law.

Reference: Leah Brown, Management Analyst | [email protected] | (209) 385-6928 City of San Clemente Housing Element Rezoning Program (2022-Present) PCE is working with city staff to update the city's Zoning Ordinance on multi-family residential zones and the housing overlay district, rezone several properties to add a Housing Overlay District, and develop objective design standards for residential development in the City of San Clemente.

This will streamline the processing time for residential projects as well as introduce more housing opportunities within the city. PCE is also responsible for one (1) community survey, one (1) stakeholder workshop, one (1) property owner workshop, and four (4) stakeholder interviews to ensure public engagement and input in these efforts.

Reference: Sara Toma, AICP, Senior Planner | [email protected] | (949) 361-6190 City of Clayton ADU Program (2021-Present)
PCE is preparing a ADU ordinance, set of pre-approved ADU plans, and a visual guide/how-to-guide for the City of Clayton in efforts to establish an ADU Program. The efforts are funded by SB2 and are ongoing through 2022.

Reference | Dana Ayers, Community Development Director | [email protected] | (925) 673-7343 10 #3..
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Pre-Approved Plans and Elevations
Visual Guide and Brochure for program participants
Internal Processing Checklist for staff
ADU Application and Application Checklist
City of Fresno CEQA Services for Mixed Use Zoning Density Increase (2021-2022) PCE conducted a density level analysis and buildable lands inventory to identify maximum and optimal densities for zoning districts that allow mixed-use development. This work was done to support a zoning text amendment that (1) remove the maximum density for mixed-use districts; (2) modify the restriction that prohibits ground floor residential uses in mixed-use districts so that only corner properties along arterials with Bus Rapid Transit stops will have mandated commercial uses; and (3) revise Fresno Municipal Code (FMC) Section 15-4907 to allow ministerial approval of multifamily residential uses in mixed-use districts within the City’s Priority Areas for Development.

Lastly, PCE conducted an environmental review and prepared the CEQA documentation for the anticipated text amendment described above.

Reference: Sophia Pagoulatos, Planning Manager | [email protected] | 559-621-8062 City of Oakley ADU Program (2020-2021)
PCE prepared plan sets, a guidebook, and application forms for the establishment of an ADU Program for the City of Oakley. The efforts were funded by SB 2 and included the following deliverables that were completed in October 2021:

Deliverables are available to view on the City of Oakley ADU Website:
https://www.ci.oakley.ca.us/pre-approved-adu-program-and-general-adu-information/ Reference: Ken Strelo, Principal Planner | [email protected] | (925) 625-7036 11 #3..
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BUDGET PROPOSAL
Hourly rates for all positions and classifications of key personnel that may be involved are provided below for Precision Civil Engineering staff as identified in this RFQ. PCE will bill for services rendered at the beginning of each month. For larger projects, PCE will provide the City with a not to exceed amount with a proposed scope prior to initiating a project. For small projects and tasks, PCE will bill the hourly rates noted below.

BILLING METHOD
PCE will provide invoices for the City each month. The invoices will include hours and tasks that identify work progress and the stage of the project is currently under. See below example invoice:

Planning Manager ........................................................................................................................

Senior Planner .............................................................................................................................

Senior Associate Planner ...........................................................................................................

Assistant Planner/Associate Planner ........................................................................................

Position
$200
$150
$130
$115
Hourly Rate
12 FEE STRUCTURE AND BILLING
NOTES
Direct, Indirect, and Transportation Fees: Travel costs are based on direct reimbursements for mileage, and door-to-door travel time. Per diem is charged at the government rate for the region.

Equipment (GPS, sampling equipment, etc.) rates are based on full- and half-day rates.

Overhead: Overhead is included in labor rates, otherwise, only direct costs are charged. No markups are charged on expenses.
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APPENDIX.

KEY PERSONNEL RESUMES
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PROFILE
Project Management. Managed the building and implementation of the City of Fresno's Land Management Software System, a citywide, multi-million dollar project that modernized the way permits and entitlements were processed.

Business Analyst. Regularly analyzed organizational and procedural issues and developed solutions, including but not limited to modifying project workflows through a land management system, implementing new processing procedures, and delegating work assignments.

Implementation. Responsible for reviewing, interpreting, and analyzing new legislation and maintaining current knowledge of directives, policies, and regulations that affected the operation of the current planning division. Also responsible for implementation of the General Plan and Development Code at the project level.

Process Management. Managed (both directly and indirectly, through subordinate supervisors) all operations of a division which processes approximately 3,000 entitlement applications a year and operates a planning public front counter serving hundreds of customers weekly.

Supervisor and Trainer. Performed various supervisorial duties, including training, employee selection, evaluations, coaching, and discipline by supervising 4-5 staff directly, and managing a division of 20 staff directly and indirectly through subordinate supervisors.

VICE PRESIDENT OF PLANNING | SENIOR PROJECT MANAGER

BONIQUE EMERSON, MAUP, AICP

AREAS OF EXPERTISE

EXPERIENCE - ZONING UPDATE/TEXT AMENDMENTS

EXPERIENCE - MASTER PLANNING PROJECTS
Project Management
Processing Entitlement Applications
Environmental Planning Services (CEQA/NEPA)
Policies, Procedures, and Processes
VMT Screening and Trip Generation Analysis
Oversight and Management of Environmental Consultants
City of Arvin Multi-Family Residential Zone Districts and Objective Design Standards
City of Clayton ADU Ordinance
City of San Clemente Housing Overlay, Multi-Family Residential Zone Districts, and Objective Design Standards
City of Fresno Electric Fence municipal code text amendment (private applicant) Advice, coordination and Preparation of CEQA document related to the City of Fresno Mixed Use Text Amendment to allow by-right multi-family Preparation of various zoning text amendments related to alcohol, billboards, recycling centers, cell towers, etc.

City of Fresno Tiny Homes processing guide and submittal checklist Project Manager and Planner - Villages at Almond Grove Specific Plan | Madera, CA Mrs. Emerson was involved in the drafting sections of the Specific Plan and provided planning consultation and services, including drafting staff reports, ordinances, resolutions, annexation documents, etc.

Project Manager - Citywide Density Increase Text Amendment CEQA Environmental Review | City of Fresno, CA Mrs. Emerson managed the PCE Planning Division to prepare an IS/MND for environmental clearance for Fresno's citywide density increase text amendment. The text amendment removed the density cap in 5 mixed-use zones. During the process, Mrs. Emerson provided various approach to move the project forward and corresponded with multiple agencies and city departments to address all environmental concerns.

Bonique Emerson, MAUP, AICP has over 19 years of experience as a Planner and Project Manager, spending a majority of those years with the City of Fresno Current Planning Division. While at the City of Fresno, Mrs. Emerson worked her way from a Planner I to the Current Planning Division Manager. Through these roles, she processed hundreds of entitlement applications, implemented the General Plan and Development Code at the project level, and played a key role in coordination among the public agency, developers, and residents. At Precision Civil Engineering, Mrs. Emerson leverages her extensive planning knowledge to manage both public and private sector projects in various communities.

EXPERIENCE
Master of Arts Urban Planning,
University of California, Los
Angeles with an emphasis in
transportation planning
Bachelor of Arts, Political
Science with minor in Public
Policy, University of California,
Los Angeles

EDUCATION
19 years (PCE: 3 years)

YEARS OF EXPERIENCE
Certified Planner through the
American Institute of Certified
Planners (AICP)
American Planning Association,
California Chapter, Central
Section (Member)
Association of Environmental
Professionals, California, Central
Chapter (Member)
Institute of Transportation
Engineers (Member)

CERTIFICATION

PROFESSIONAL ORG
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT
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PROFILE
Land Development Process and Review. Oversaw the execution of complex projects, including tract map developments and subdivisions, plan amendments, rezones, annexations, and text amendments, while reviewing for compliance with applicable goals and policies.

Public Outreach and Presentation. Facilitated neighborhood and public meetings to provide city leaders, developers, attorneys, and the general public with plans within the city boundaries by delivering presentations in public meetings.

Project Management. Coordinated several complex projects including short- and longrange planning projects, while working closely with applicants, key developers, and any commenting City divisions, departments, and outside agencies.

SENIOR PLANNER

KELSEY GEORGE, AICP

AREAS OF EXPERTISE

EXPERIENCE - ZONING UPDATE/ TEXT AMENDMENT

EXPERIENCE - MASTER PLANNING PROJECTS

TRAININGS

RECENT PUBLIC SECTOR PROJECTS
Project Management
Land use planning and entitlement processing
Environmental planning and compliance
Key stakeholders engagement
City of Arvin Multi-Family Residential Zone Districts and Objective Design Standards
City of San Clemente Housing Overlay, Multi-Family Residential Zone Districts, and Objective Design Standards
City of Kerman Subdivision Ordinance Update
City of Porterville – South of the Tule River (SoTu) Master Plan Fundamentals of Air Quality Analysis, Association of Environmental Professionals, California (September 2022)
How to Write an EIR, Association of Environmental Professionals, California (July 2022)
Complying with Federal Law in Regulating Telecommunications (January 2022) Transportation Planning: Travel Behavior Principles and Modelling Approaches (November 2021)
On-Call Planning (Land Use Planning & Permitting) and/or Environmental Planning Services (CEQA/NEPA Process, Compliance, Guidance): City of Atwater, City of Lemoore, City of Yreka, City of Merced
City of Porterville – South of the Tule River (SoTu) Master Plan City of Merced – Tiny Homes Ordinance
Kelsey George brings over 9 years of experience in city planning, community development, and environmental and sustainable development. With nearly 5 years of municipal planning experience in the Central Valley, she has worked on a various and diverse portfolio of urban planning work including General Plan updates, Zoning Code text amendments, annexations, General Plan amendments, rezones, tentative tract maps, use permits, and site plan reviews. Through private and public sector planning roles she has developed extensive experience in interpreting zoning requirements and State and Federal laws and policies regarding land use, information analysis, project management, California Environment Quality Act, citizen engagement, community development, and local government background. She received a Master’s of Arts in Geography and Planning and published her thesis on transit-oriented development in 2017.

EXPERIENCE
Master of Arts, Geography with
emphasis in Urban Planning,
California State University, Long
Beach
Bachelor of Arts, Geography and
Planning with Minor in Rural and
Town Planning, California State
University, Chico

EDUCATION
9 years (PCE: 1 year)

YEARS OF EXPERIENCE
American Planning Association,
California Chapter, Central
Section (Member)
Association of Environmental
Professionals, California, Central
Chapter (Member)
California Geographical Society
(Member)

PROFESSIONAL ORG
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT
Certified Planner through the
American Institute of Certified
Planners (AICP ID 34656)

CERTIFICATION
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PROFILE
Master of Community and
Regional Planning, University of
Oregon
Bachelor of Arts, Political
Science with minor in Civic
Engagement, University of
California, Los Angeles

EDUCATION
9 years (PCE: 2.5 years)

YEARS OF EXPERIENCE
Certified Planner through the
American Institute of Certified
Planners (AICP ID 34152)
American Planning Association,
California Chapter, Central
Section (Member and Director
for Membership and Public
Information)
Association of Environmental
Professionals, California, Central
Chapter (Member)
Institute of Transportation
Engineers (Member)

CERTIFICATION

PROFESSIONAL ORG
Land Development Process, Review, and Guidance. Processed zoning inquiries, zone clearances, environmental assessments, and conditional use permit applications for the City of Fresno Planning and Development Department, Current Planning Division.

Provided customer service to clientele by monitoring the Current Planning Division front counter, answering and directing questions, responding to requests for more information, and interpreting planning and zoning programs to the general public.

Technical Assistance and Capacity Building. Coordinated planning and sustainable communities programming in rural communities of the San Joaquin Valley in the areas of housing, sustainable planning, parks and recreation, and transportation for the Office of Community and Economic Development, Community & Regional Planning Center at Fresno State. Organized regional capacity building events that brought together over 1k stakeholders from across the region and state to bolster advocacy, increase the quality of partnerships, and build traction to find regional opportunities and funding for planning.

Communication and Partnership Management. Managed marketing and communications programs for Downtown Fresno Partnership, a property-based business improvement district, including creating and disseminating content for media platforms, public relations, and creation of materials. Managed special programs such as placemaking, grant writing/reporting, events, and promotions, and negotiating and developing partnerships between the downtown merchant and property owner community, local resources, and the City of Fresno.

SENIOR ASSOCIATE PLANNER

JENNA CHILINGERIAN, MCRP, AICP
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT

AREAS OF EXPERTISE

RECENT PUBLIC SECTOR PROJECTS

TRAININGS
CEQA/NEPA Process, Compliance, and Guidance
Environmental Analysis and Planning
Project-Level Land Use Planning/Permitting
Project Coordination and Management
Housing Program Development and Implementation: City of Arvin Pre-Approved ADU Program, Multi-Family Residential Text Amendment CEQA Project, and Objective Design Standards; City of Clayton Pre-Approved ADU Program; City of Fresno City-wide Mixed-Use Text Amendment CEQA Project; City of Kerman Pre-Approved ADU Program, Mixed-Use Conceptual Design Program, and Multi-Family Conceptual Design Program; City of Merced Pre-Approved ADU Program and Pre-Approved Duplex/Triplex Program; City of Oakley Pre-Approved ADU Program; City of Salinas SB 2Mixed-Use Rezoning CEQA Project; City of San Clemente Housing Element Rezoning Program and Objective Design Standards; Fresno Council of Governments San Joaquin Valley Regional Early Action Planning (REAP) Program Pre-Approved ADU Program and Local Agency Technical Assistance
On-Call Planning (Land Use Planning & Permitting) and/or Environmental Planning Services (CEQA/NEPA Process, Compliance, Guidance): City of Atwater, City of Clovis, City of Hanford, City of Kerman, City of Lemoore, City of Yreka NEPA Essentials Workshop, Association of Environmental Professionals (AEP), California (September 2022)
How to Write an EIR, AEP, California (July 2022)
CEQA Advanced Workshop, AEP, California (April 2021)
CEQA Intermediate Workshop, AEP, California (February 2021) Jenna serves as a senior associate planner at Precision Civil Engineering (PCE) in downtown Fresno, CA, bringing more than 9 years of experience in planning, community and economic development, and program management in the nonprofit and public sectors. At PCE, Jenna provides CEQA services for public and private sector projects, on-call planning services for local agencies, and development and entitlement services for private sector clients. Jenna is an active AEP and APA member, participating in webinars and workshops to remain up to date on current environmental legislation, procedures, and best practices. She received her Masters of Community and Regional Planning from the University of Oregon and holds a bachelor’s degree in Political Science from UCLA. She joined the American Institute of Certified Planners (AICP) in July 2022.

EXPERIENCE
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PROFILE
Site Planning. Received awards for 2 design competitions that focused on designing human-oriented space/streets for transit and pedestrian connectivity and revitalization. Drafted 5+ conceptual site plans and land use plans for various sites.

Corridor Planning. Drafted a corridor revitalization plan in Tainan City, Taiwan.

Conducted interviews with local businesses, held 3 workshops to introduce and collect feedback for the plan, and coordinated with public agencies for implementation of the proposed public transit program.

Graphics Communication. Leaded Graphics and Written Communications Team to develop the first comprehensive plan of the City of Caldwell, Texas. Coordinated with data analytics and public outreach team to design flyers, posters, presentations, and the final plan document. Designed branding for 4 ADU Programs in the Valley.

Research and Analysis. Conducted data cleansing, labeling, categorizing, and statistical analysis. Co-authored for journal publication and was responsible for the management of 2+ datasets. Performed infill study, fiscal analysis, biological assessment, demographic analysis, industry analysis, etc., for different projects.

Planning Assistant. Performed traffic flow and land use analysis for 3 city-scale plans to provide a fact base for the planning process. Performed zoning inquiries, environmental assessments, building and conditional use permit applications.

Produced multiple exhibits, drafted proposals, and corresponded with clients and agencies.

ASSOCIATE PLANNER

SHIN TU, MUP, AICP CANDIDATE

AREAS OF EXPERTISE

EXPERIENCE - MASTER PLANNING PROJECTS

PUBLICATIONS

TRAININGS
Research, Data Collection and Analysis
Geographic Information Systems, Spatial Analysis, and Mapping Visualization, Digital Communication, Branding, and Graphic Design Planning Entitlement Processing
City of Caldwell Comprehensive Plan – Envision Caldwell | Caldwell, TX Shin, as part of the masters program’s implementation course, worked with Texas Target Communities (TxTC) to lead the community and stakeholder engagement process of developing the City of Caldwell’s first comprehensive plan. Shin managed and led the Graphics and Written Communications Group, which developed branding and produced a factsheet, outreach materials (slides, flyers, posters, and email templates), and the final Community Engagement and Input Report.

Shin was also involved in drafting the comprehensive plan’s Environment chapter and creating 3 memorandums that proposed pattern zoning ordinance in Caldwell.

City of Merced Annexation Pre-Application
Shin designed and prepared the conceptual land use plan of a 47.7-acre mixed-use development site as well as calculated wastewater and water demand and projected job generation of the development.

Tu, S.; Yu, S. Urban Planning for Climate Change: Comparing Climate Adaptation Plans between Taipei and Boston.

Sustainability 2023, 15, 934. https://doi.org/10.3390/su15020934 NEPA Essentials Workshop, Association of Environmental Professionals (AEP), California (September 2022)
How to Write an EIR, AEP, California (July 2022)
CEQA Advanced Workshop, AEP, California (March 2022)
CEQA Essentials Workshop, AEP, California (October 2021) Shin brings her knowledge of communications, site planning, data analysis, and environmental planning. With a Master of Urban Planning degree at Texas A&M University and graduate certificates in Environmental Hazard Management and Geographic Information Science, Shin has experience working in the public, private, and academic sectors. At PCE, Shin provides services to both public and private sector clients, including performing due diligence, planning entitlements, oncall planning support staff, CEQA document drafting and analysis, GIS database management and mapping, fiscal analysis, graphics, data visualization, and branding designs.

EXPERIENCE
Master of Urban Planning,
Environmental Hazard
Management Certificate, GIS
Graduate Certificate, Texas A&M
University
Bachelor of Science, Urban
Planning, National Cheng Kung
University, Taiwan

EDUCATION
4 years (PCE: 1.5 year)

YEARS OF EXPERIENCE
American Planning Association,
California Chapter, Central
Section (Member)
Association of Environmental
Professionals, California, Central
Chapter (Member)

PROFESSIONAL ORG
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT
Certified Planner through the
American Institute of Certified
Planners (Candidate)

CERTIFICATION
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Edward Dunkel, Jr., CEO & President
p. (559) 449-4500 f.(559) 449-4515
e. [email protected]
Location | 1234 O Street | Fresno, CA 93721
PROVEN
EXPERTISE.
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Precision Civil Engineering A-1 City of Modesto
On-Call Amendment for Municipal Planning Services

FIRST AMENDMENT TO STANDARD CONSULTANT SERVICES AGREEMENT

FOR MUNICIPAL PLANNING SERVICES

WITH PRECISION CIVIL ENGINEERING
THIS FIRST AMENDMENT, made and entered into in the City of Modesto, State of California, this _____ day of _____________ 2025, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and PRECISION CIVIL ENGINEERING, hereinafter referred to as "Consultant".

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

A. The City and Consultant entered into a standard agreement for municipal planning services dates May 9, 2023 to provide municipal planning consultant services. (the “Agreement”).

B. The Agreement is for City requested on-call services only; City will assign projects to the Consultant which the City feels is best suited for the project. No promise of work is guaranteed or assumed by the making of the Agreement.

C. Consultant represents that it is qualified, willing and able to provide the services to prepare document(s) for such services.

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

1. TERM OF AGREEMENT
Section 2, Term of Agreement, is amended in its entirety to read as follows:
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Precision Civil Engineering A-2 City of Modesto
On-Call Amendment for Municipal Planning Services
a. The City and Consultant hereto agree and enter into the First Amendment for a term of three (3) years commencing on the Effective Date of the original Agreement which was May 9, 2023.
b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three (3) year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 1(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).

2. COMPENSATION
Section 3, “Compensation” of the AGREEMENT is amended to decrease the total compensation for Consultant by $75,000 for a total amount not to exceed $225,000, and to read in its entirety as follows:
“Consultant agrees to accept a sum not to exceed $225,000 as full remuneration for performing all services and furnishing all staff and materials called for in Exhibit “A” and for performance by Consultant of all its duties and obligations under this Agreement.”
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Precision Civil Engineering A-3 City of Modesto
On-Call Amendment for Municipal Planning Services

3. EFFECT OF AMENDMENT
Except as modified and amended by this FIRST AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment to Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025-________, adopted by the Council of the City of Modesto on the ______ day of ______________, 2025, and Precision Civil Engineering has caused this Agreement to be duly executed in duplicate as of the Effective Date.
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Harris & Associates Inc. A-1 City of Modesto
On-Call Agreement for Municipal Planning Services

ON-CALL AGREEMENT

FOR MUNICIPAL PLANNING SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ________, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and HARRIS & ASSOCIATES INC., a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that On-Call Municipal Planning Services should be performed for the City.

B. Consultant represents that it is qualified, willing and able to provide the requested services.

C. This Agreement is for City requested on-call services only; City will assign projects to the Consultant the City feels is best suited for the project. No promise of work is guaranteed or assumed by the making of this Agreement.

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

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this Agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit “A” and made a part hereof. The Consultant shall perform the services as described in Exhibit “A” in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 May 12, 2023
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Harris & Associates Inc. A-2 City of Modesto
On-Call Agreement for Municipal Planning Services

2. TERM OF AGREEMENT
a. The City and Consultant hereto agree and enter into this Agreement for a term of three (3) years commencing on the Effective Date. b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of three (3) years on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three (3) year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 2(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).

3. COMPENSATION.

Consultant agrees to accept payment based on Exhibit “A” on a time and materials basis as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as outlined in Exhibit “A” and based upon the schedule of hourly rates set forth in Exhibit “A” not to exceed $300,000 over DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-3 City of Modesto
On-Call Agreement for Municipal Planning Services
the course of 3 years; Unless otherwise approved by City, the hourly rates shown in Exhibit “A” shall remain in effect for the entire term of this Agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed running balance, description of completed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on a Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant acknowledges that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further acknowledges that it will follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Cecilia Kim, Project Manager, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant.

Consultant therefore agrees that ten percent ( 10 %) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-4 City of Modesto
On-Call Agreement for Municipal Planning Services
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this Agreement without the express prior written consent of City. Any modifications made by the City or any agents of the City, to any of the Consultant’s documents or any partial use or reuse of the documents without the express written consent of the Consultant will be at the City’s sole risk and without liability to the Consultant.

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

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

7. NEWS AND INFORMATION RELEASE.

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

8. FINANCIAL INTEREST OF CONSULTANT.

DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-5 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant acknowledges that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant acknowledges that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-6 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

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

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

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

DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-7 City of Modesto
On-Call Agreement for Municipal Planning Services
As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

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

FOR CONSULTANT: Name: Harris & Associates
Address: 101 Progress #250
Irvine, CA 92618
DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-8 City of Modesto
On-Call Agreement for Municipal Planning Services
Attention: Cecilia Kim, Project Manager
Phone: (949) 655-3900
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Peter Ibrahim, Infrastructure Financing Program Supervisor
Phone: (209) 577-5211
E-mail: [email protected] mailto:

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by PINS Insurance Program, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided thirty (30) days notice of the cancellation on the policies of insurance required hereunder (ten (10) days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within five (5) business days of receipt of such notice. The Consultant shall, as a further express condition DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-9 City of Modesto
On-Call Agreement for Municipal Planning Services
precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-10 City of Modesto
On-Call Agreement for Municipal Planning Services
election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.

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

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

DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-11 City of Modesto
On-Call Agreement for Municipal Planning Services

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice.

For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
TheCitymay also terminatetheConsultant'sperformanceunderthis Agreement, either in whole or in part, at its own discretion, or when conditions encountered during theWork make it impossibleorimpracticabletoproceed,orwhentheCityispreventedfromproceedingwiththe Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-12 City of Modesto
On-Call Agreement for Municipal Planning Services
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding payment claims, subject to the approval of City; f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-13 City of Modesto
On-Call Agreement for Municipal Planning Services
services which were performed by Consultant on the project upon termination and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to theConsultant after termination for convenience shall be limited to amounts due and owing under this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

Termination by Consultant for Default of City
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Harris & Associates Inc. A-14 City of Modesto
On-Call Agreement for Municipal Planning Services
Should City default in the performance of this Agreement or materially breach any of its provisions, Consultant shall provide written notice of the breach to the City and a reasonable opportunity to cure. If the City fails to cure the breach within the reasonable period of time specified in the notice, at its option Consultant may terminate this Agreement by giving written notice to City. The termination date shall be the effective date of the notice.

For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to cooperate reasonably with Consultant, willful destruction of Consultant's property by City, dishonesty or theft.

Termination for Failure to Make Agreed-Upon Payments
Should City fail to pay Consultant all or any part of the payments set forth in this Agreement on the date due, at its option Consultant may terminate this Agreement if the failure is not remedied within thirty (30) days after Consultant notifies City in writing of such failure to pay. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

16. CERTIFIED PAYROLL REQUIREMENT.

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

17. INDEMNITY.

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Harris & Associates Inc. A-15 City of Modesto
On-Call Agreement for Municipal Planning Services
The Consultant shall hold the City, 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, reckless or willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this Agreement provision shall first be conferred by the parties in a good faith attempt to resolve the matter between themselves. If the dispute is not or cannot be resolved by informal mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediation) to be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-16 City of Modesto
On-Call Agreement for Municipal Planning Services
under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

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Harris & Associates Inc. A-17 City of Modesto
On-Call Agreement for Municipal Planning Services
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

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Harris & Associates Inc. A-18 City of Modesto
On-Call Agreement for Municipal Planning Services

19. ENTIRE AGREEMENT.

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

20. PARTIAL INVALIDITY.

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

21. WAIVER.

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

22. AUDIT.

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

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for DocuSign Envelope ID: 93A6FC2A-2E00-4155-8B78-580F7C5378D8 #3..
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Harris & Associates Inc. A-19 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

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

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

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

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

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Harris & Associates Inc. A-20 City of Modesto
On-Call Agreement for Municipal Planning Services
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the day of , 2023, and Consultant has caused this Agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
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Harris and Associates A-1 City of Modesto
On-Call Amendment for Municipal Planning Services

FIRST AMENDMENT TO STANDARD CONSULTANT SERVICES AGREEMENT

FOR MUNICIPAL PLANNING SERVICES

WITH HARRIS AND ASSOCIATES
THIS FIRST AMENDMENT, made and entered into in the City of Modesto, State of California, this _____ day of _____________ 2025, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and HARRIS AND ASSOCIATES, hereinafter referred to as "Consultant".

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

A. The City and Consultant entered into a standard agreement for municipal planning services dates May 9, 2023 to provide municipal planning consultant services. (the “Agreement”).

B. The Agreement is for City requested on-call services only; City will assign projects to the Consultant which the City feels is best suited for the project. No promise of work is guaranteed or assumed by the making of the Agreement.

C. Consultant represents that it is qualified, willing and able to provide the services to prepare document(s) for such services.

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

1. TERM OF AGREEMENT
Section 2, Term of Agreement, is amended in its entirety to read as follows:
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Harris and Associates A-2 City of Modesto
On-Call Amendment for Municipal Planning Services
a. The City and Consultant hereto agree and enter into the First Amendment for a term of three (3) years commencing on the Effective Date of the original Agreement which was May 9, 2023.
b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three (3) year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 1(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).

2. COMPENSATION
Section 3, “Compensation” of the AGREEMENT is amended to decrease the total compensation for Consultant by $75,000 for a total amount not to exceed $225,000, and to read in its entirety as follows:
“Consultant agrees to accept a sum not to exceed $225,000 as full remuneration for performing all services and furnishing all staff and materials called for in Exhibit “A” and for performance by Consultant of all its duties and obligations under this Agreement.”
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Harris and Associates A-3 City of Modesto
On-Call Amendment for Municipal Planning Services

3. EFFECT OF AMENDMENT
Except as modified and amended by this FIRST AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment to Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025-________, adopted by the Council of the City of Modesto on the ______ day of ______________, 2025, and Harris and Associates has caused this Agreement to be duly executed in duplicate as of the Effective Date.
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City of Modesto
Contract Municipal Planning
Services
Jan 13th, 2023
Project Team Leader: Beverly Choi
(646) 707-1906 [email protected]
Photo Courtesy of D Ramey Logan
Environmental Science Associates
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Table of Contents
Firm Description������������������������������������������������������������������������������������������������������������������������������5 Approach to Planning Services����������������������������������������������������������������������������������������5 Key Personnel������������������������������������������������������������������������������������������������������������������������������������8 Project Experience and References�������������������������������������������������������������������������10 Cost Detail������������������������������������������������������������������������������������������������������������������������������������������12 Resumes (Appendix A) �����........................................... ��������������������������������������������������������������17 Environmental Science Associates
esassoc.com

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City of Modesto
Attention: Jessica Hill
Acting Planning Manager
City of Modesto – Planning Division
P.O. Box 642
Modesto CA 95353
RE: REQUEST FOR QUALIFICATIONS | CONTRACT MUNICIPAL PLANNING SERVICES Dear Ms. Hill:

Environmental Science Associates (ESA) is pleased to submit this Statement of Qualifications (SOQ) to provide Contract Municipal Planning services to the City of Modesto (City). We are enthusiastic about the opportunity to provide these services and are showcasing our team and relevant qualifications as part of this SOQ.

Our team of land use and policy planners are recognized for their innovation, collaborative approach, assimilation of local needs, and focus on real and feasible implementation. We have experience assisting our clients on a variety of planning projects, including general plans, specific plans, master plans, zoning codes, design guidelines, contract planning services, an-annexation studies, and other planning studies and tools. The staff proposed in this SOQ touts over 50 years of integrated experience in all aspects of community planning, environmental assessment, natural resource management, and regulatory compliance.

Our firm has an extensive background in preparing housing elements and housing studies; analyzing impacts to agricultural lands and ensuring compliance with mitigation programs; developing outreach strategies that specifically target engagement with underrepresented populations; and preparing environmental assessments for a diversity of jurisdictions. Our recent experience, outlined in this SOQ, provides a benefit to our clients by allowing us to incorporate the lessons we have learned and integrate innovative solutions in the face of on-going changes that are being made to California Housing Law and statutes in general. We work with our clients, teaming partners, and State and local agencies, including California Department of Housing and Community Development (HCD), to develop solutions to meet the needs of projects.

ESA's experience leading on-call contracts has taught us that, to efficiently manage concurrent and overlapping task orders, and to lay the groundwork for delivering services on-budget and on-time, assigned Project Managers need to work closely with clients to develop and implement work plans that include detailed scopes of work, staffing plans, performance schedules, budgets, and lists of deliverables. Best practices for our staff include scheduling regular status meetings/calls with project teams and stakeholders regarding task order progress, timely and preemptive notification of any issues resulting in schedule delays or budget concerns, and monthly progress reports that identify work completed and anticipated, schedule and/or budget concerns, and issues that could affect the quality or defensibility of the deliverables.

By selecting ESA for the City’s on-call contract, you will gain a seasoned, creative, and responsive consultant team with a successful and extensive track record of working on housing and specific plan projects for communities in the Central Valley and throughout California. Our recent work includes preparation of the Innovation Park Planned Unit Development (City of Sacramento) and peer review of the Upper Westside Specific Plan (County of Sacramento), as 2600 Capitol Avenue
Suite 200
Sacramento, CA 95816
916.564.4500 phone
916.564.4501 fax
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well as due diligence for a confidential mixed-use project in San Joaquin County. Additionally, we bring experience with housing elements and housing studies like our preliminary assessment of Napa County’s housing inventory, and CEQA documents to support and inform a wide array of local agency decision-making throughout the region. The informed approach that we bring to every project, and the passion for what we do, is what sets ESA apart from other consultants.

We look forward to sharing our experience and knowledge with you through this contract and remain open to exploring options to address your needs and goals. We have the experience and qualifications to fully staff and efficiently complete any task orders that may arise from this contract. If you have any questions, please feel free to contact me at [email protected] or Dan Dameron at [email protected].

Sincerely,
Beverly Choi, LEED AP
Community Planning Program Manager
[email protected]
(646) 707-1906
Dan Dameron
Vice President
[email protected]
(916) 231-2176
Cover Letter page 2
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Firm Description
Firm Information
Name:

Environmental
Science
Associates
Key Staff Contact:

Beverly Choi, LEED AP
[email protected]
Phone: (646) 707.1906
Office: San Francisco
575 Market Street,
Suite 3700
San Francisco, CA 94105
Year Established: 1969
Founded in 1969, ESA is a leading California-headquartered planning and environmental consulting firm that helps clients to understand, address, and solve the planning and environmental issues they face. ESA is a 100% employee-owned environmental consulting firm with over 600 staff in 20 offices throughout California, Washington, Oregon, and the Southeastern United States. Our largest office, located in Midtown Sacramento, supports over 100 employee-owners who focus on work in California’s Central Valley, Sierra foothills, and surrounding areas. We are large enough to offer a full range of capabilities, but small enough to be nimble and provide the kind of personal service and attention clients expect and deserve. ESA has skilled project managers and urban planners that are supported by a deep bench of specialized technical staff including archaeologists, biologists, architectural historians, civil and water resources engineers, hydrologists and modelers, ecologists, landscape architects, environmental scientists, and data technology and GIS specialists to support our projects.

Approach to Planning Services
Communities are complex systems, and to meet community needs, our planning programs must address multiple interrelated issues—existing land use patterns; current and future market feasibility; mobility; availability and financing of infrastructure, schools, parks, and other community facilities; the need to minimize impacts on existing residents and the natural environment; and the effects of planning and development decisions on both public and private sector fiscal bottom lines. We provide communities with the right mix of expertise, insight, thoughtfulness, trustful facilitation, and creativity to ensure an integrated approach that achieves clarity, certainty and adaptability—for the long term.

Our community planning team has successfully used their collaborative approach and assimilation of local needs to assist clients on a variety of planning projects, including master plans, specific plans, general plans (including housing elements), zoning codes, design guidelines, contract planning services, and other planning studies and tools. From the visioning process to the assessment of opportunities and constraints of a site, to development of land use alternatives and selection of the preferred plan, we work closely with clients to balance planning, design, environmental, and economic considerations of any project.

This team's skill set includes competencies that are directly related to helping our clients plan communities, comply with CEQA/NEPA and State law, as well as manage a wide variety of planning and technical activities and studies. This allows us to provide a full suite of services and integrated solutions within a single firm.

Our core planning competencies include the following:

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ESA Core Planning Competencies
Services Areas ESA Competencies
Comprehensive, Long-Range
Planning
• General Plans
• Specific Plans
• Master Plans
• Downtown Plans
• Zoning Regulations
• Design Guidelines
• Local Coastal Programs
Land Planning and Design • Site Analysis
• Yield Studies
• Policy Analysis
• Preliminary Design
• Strategic Entitlement
Sustainability and Resilience
Planning
• Climate Action Plans
• Climate Vulnerability Assessments
• Climate Adaptation Plans
• Sustainability Plans
• Resiliency Plans
Public Outreach and Community
Engagement
• Public Engagement Plans
• Community Workshops
• Tribal Consultation
• Online Engagement
• Surveys, Pop-ups, and Interviews
Having managed, processed, and implemented numerous
development projects and applications over the years, we have a deep understanding of local development review
processes, including what works and what doesn’t. ESA is contributing to multiple housing element updates during the State’s 6th cycle, coordinating with HCD and our clients to ensure the updated housing elements and the corresponding environmental analyses comply with State law and
incorporate community feedback. In addition, we know what needs to occur to keep a project moving forward efficiently and effectively through the decision-making process. We communicate regularly with clients and project teams, flag potential challenges in advance, and provide transparency throughout the process. This allows us to provide our clients with solid advice and products to ensure the long-term
success of projects and the continued utility of planning and environmental documents.

The following descriptions expand on select competencies that the City has identified for this contract. Upon request, ESA is happy to provide additional information regarding other services offered, should the City request it.

Specific Plans and Amendments
ESA-led specific plans and plan amendments span a wide range of applications from transit-focused, mixed use and residential communities to large scale commercial/industrial complexes. We have pioneered the integration of community and environmental planning to advance state-of-the-art smart growth practices addressing economic, social, and environmental sustainability. Our specific plans, development and design guidelines, and other associated entitlements are reflective of our team’s creativity in developing tailored solutions that integrate stakeholder and community input and meet client goals. ESA develops plans that achieve a gentle balance between having a clear purpose, creating certainty in the development ESA Relevant On-Call Contract Experience
• County of Sacramento On-Call
• City of Richmond Planning On-Call
• City of Lincoln Community Development On-Call
• San Francisco Mayor’s Office of Housing On-Call
• Sacramento Housing and Redevelopment Agency
Environmental Consulting On-Call
• Environmental Generalist Services, Districts 6 and 10 (Caltrans)
• Environmental Consulting Services Master Services
Agreement (Sacramento Area Flood Control Agency)
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review process, and flexibility to promote creativity that can be applied towards evolving situations over time. As an example, during the Downtown Specific Plan effort, ESA worked with the City of Vacaville to ultimately pivot away from integrating “shovel ready” sites and instead focused on establishing development prototypes, which allowed greater flexibility to streamline a broader range of desired projects within defined geographic areas in the plan. Objective design standards were developed to provide clarity and predictability in project requirements. The Vacaville Downtown Specific Plan received the 2022 Great Places Award of Merit from the Northern Section Chapter APA.

Community Engagement & Presentations at Meetings/Hearings The planners at ESA regularly conduct community engagement on complex projects in a productive and inclusive manner to ensure that stakeholder and community input is evaluated and incorporated into projects. We offer a comprehensive range of community engagement and facilitation services. From more traditional methods such as organizing and conducting public meetings, community workshops, design charrettes, stakeholder interviews, and focus group meetings to virtual and more experiential approaches such as “pop-up” events, walking tours, and interactive online activities and resources. ESA customizes community engagement strategies to meet the needs of a project. For example, housing element updates, such as those for the City of Mountain View and Napa County, involved stakeholder interviews with developers and neighborhood groups, active engagement with HCD, and study sessions with elected officials. Projects with agricultural use may involve focus groups and community workshops to collaborate on defining growth boundaries and creating buffer design guidelines for new development.

In addition to in-person offerings, ESA’s staff routinely work with our in-house graphics and communication specialists to produce effective, understandable, and visually interesting website content. We closely coordinate with clients to understand web-based needs including scripting languages, graphic optimization, and production environment, and can provide clients with interactive web-based mapping applications using ESRI ArcGIS Server, ArcGIS Online, Mapbox, and other Open Source technologies. These tools help communicate complex scientific information and results to the public in effective and meaningful ways. We deliver cost-effective solutions scalable to the project needs and can include secure access with varying permission levels as needed.

Zoning Code Updates and Amendments
ESA has prepared comprehensive zoning code updates for communities, stand-alone zoning codes for specific plans (such as Vacaville Downtown Specific Plan and City of Sacramento Central City Specific Plan, both of which are APA-award winning plans), and form-based influenced development regulations. Our staff has public agency experience implementing zoning codes, allowing for an in-depth understanding of those regulations, that results in effectively and consistently implementing general plans and specific plans. Our zoning codes incorporate contemporary planning practices relevant to the local community; comply with State law (such as developing objective design standards consistent with SB 35); provide tools to simplify and streamline administration where feasible; incorporate user friendly language, graphics and formatting; and provide sufficient regulatory direction while being flexible and not overbearing.

Environmental Review Pursuant to CEQA and NEPA
From initial scoping through final approvals, ESA develops defensible and cost-effective solutions to guide our clients quickly through the increasingly complex environmental planning and regulatory process.

Our firm includes experts in CEQA and NEPA, as well as all technical areas including transportation, air quality, GHG, noise, climate change and adaptation, cultural resources, biological resources, environmental hydrology, energy, and water. We are knowledgeable in federal, State, and regional regulations affecting land development and community planning at the program and project levels.

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Key Personnel
The foundation of our team’s approach is understanding the needs and the vision of the jurisdictions in which we work, while offering superior project management, adapting our level of engagement to client needs, and establishing a technical team that is tailored to individual projects and task orders. ESA offers capabilities to address controversial, high-profile projects of regional interest, as well as relatively straight-forward proposals by developing appropriate scopes of work and adequately staffing teams to address the challenges projects face. We bring extensive experience leading on-call contracts, affording us the ability to efficiently manage concurrent and overlapping task orders, and to lay the groundwork for delivering services on time and within budget.

We have provided brief biographies, detailing their experience and years with the firm below. Resumes with additional experience have been provided in Appendix A. Should the City require other specialized technical staff for any project or task resulting from this contract, ESA can call on our deep bench of over 600 experts who can help address a wide range of additional technical service areas. The key personnel described below have been selected for their relevant experience and availability for this contract with the City.

Dan Dameron | Project Director
Dan has more than 30 years of public and private sector experience leading a wide variety of community planning and design projects. He specializes in large scale, complex, multidisciplinary planning and development projects, providing strategic assistance to local jurisdictions, development interests, and agencies. Dan brings an in-depth understanding of progressive land use, policy and implementation strategies to effectively enhance the feasibility, livability, and sustainability of projects and communities. His experience includes managing, preparing and implementing specific plans, downtown plans, master plans, general plans, design guidelines, zoning and development standards, entitlement coordination, housing studies, contract staffing, LAFCO entitlements, public involvement programs, and other planning services and tools.

Beverly Choi | Project Manager
Beverly has 16 years of experience working with clients to shape and enhance communities through land use planning, policy research, urban design, sustainable best practices, and public engagement. She has worked with private and public sector clients on a variety of U.S. and international projects that range in needs, budget, and scale, from sites as small as a few urban blocks to plan areas as large as several thousand acres that span multiple jurisdictions. Beverly is skilled at coordinating cross-business lines, cross-regional teams and developing internal and external tools to manage the delivery of successful projects. She applies this expertise when serving as point of contact for on-call contracts and master services agreements with public agencies and confidential clients. Beverly has been involved with several 6th cycle housing element updates, collaborating closely with the jurisdictions, as well as HCD, to achieve plan adoption.

Years with ESA | 12+
Years with ESA | 3+
City of Modesto Contract Municipal Planning Services
January 13, 2023
8 Environmental Science Associates
esassoc.com
DocuSign Envelope ID: FB1B756E-D051-42B2-8876-17F05CA919A3 #3..
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Shannon Wages, AICP | Principal Planner
Shannon Wages is an urban planner with over 18 years’ experience specializing in managing long-range planning documents as well as complex land use entitlement projects. She has successfully managed the preparation of multiple housing elements, general plans, climate adaptation plans, specific plans, zoning ordinances, downtown plans, visioning plans, corridor studies, and economic feasibility studies. Shannon received multiple awards from the American Planning Association (APA) for her planning projects, and considers community outreach central to any project. She develops outreach strategies that reach broadly and deeply into a community, and helps jurisdictions implement their plans through entitling development projects or assisting with grant funding and financing mechanisms. Shannon combines her experience in planning, urban design, climate adaptation, and community outreach to achieve desired projects that realize the community’s goals and objectives. From planning and conceptual design to certificates of occupancy, she is involved throughout the process, facilitating positive growth and change in the communities she represents.

Her work also involves multiple environmental justice elements, including the cities of Highlands, El Cajon, and Irwindale, along with housing and safety element updates.

Luke Evans | CEQA Program Manager
Luke has developed a reputation throughout his 20-year career for being able to successfully manage a wide range of project types. He has managed large-scale residential, commercial, and industrial development projects in urban and rural settings, military installation master plans, utility-scale solar developments, communication site networks, and light rail transportation network extensions in urban areas. Luke has led the environmental documents for several 6th cycle housing element EIRs, including the City of Lafayette, the City of Menlo Park, and Santa Clara County. His multi-disciplinary training also allows him to work within a broad range of environmental fields, including biological and cultural resources management, wildland fire management, environmental conflict resolution, and general land use policy. Luke also brings additional expertise with analysis and presentation of technical environmental and natural resource policy and legislation from his time serving on a legislative staff.

Ethan Wynacht | Planner
Ethan is an urban planner, providing research, analysis, writing and community outreach support, and has played an instrumental role on several of ESA’s housing element updates, focusing on the constraints analysis, public participation, and sites inventory analysis. Prior to joining ESA, Ethan attended the University of California, Davis, where he earned a B.S. in Environmental Policy Analysis and Planning with an emphasis in Inclusive Policy Development. While at UC Davis he conducted research with Dr.

Gwen Arnold on the environmental and social impacts of fracking. Ethan also held a board position with the UC Davis MANNRS program, working to promote diversity in the environmental sector through outreach and student support programming. As programming committee lead with UC Davis Undergraduate Admissions, he gained additional outreach and program development experience.

Years with ESA | 7+
Years with ESA | 2+
Years with ESA | 1
City of Modesto Contract Municipal Planning Services
January 13, 2023
9 Environmental Science Associates
esassoc.com
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Project Experience and References
ESA has more than 30 years of experience in Northern California serving a range of public and private clients. We have worked on hundreds of projects in the Central Valley for clients including the City of Modesto, Turlock Irrigation District, the City of Oakdale, San Joaquin County, the City of Stockton, and a multitude of other local jurisdictions and special districts. In executing those projects, we have developed a thorough understanding of the environmental resources present in the City and surrounding regions, and the policies and procedures of the agencies that regulate and steward those resources. Currently, ESA’s planning team is working with multiple California communities on their housing element updates and environmental documents, including the City of Mountain View and Napa County, the latter whom we assisted with an early evaluation of possible housing sites. In the last housing cycle, ESA worked with several other Northern California jurisdictions, including Placer County and the City of Napa on their housing element updates and associated CEQA documents. For many of these housing-related projects, an analysis was conducted by our team to evaluate the implications of residential development as it relates to topics such as infrastructure availability (water, sewer, drainage), and governmental and environmental constraints.

The below project experience highlights select ESA completed and on-going work. References for each project have also been provided below, and we encourage you to contact these clients to better understand ESA's aptitude for project execution and client relations.

Agency Reference
Tyra Hays, AICP
Email Address
[email protected]
Phone Number
(707) 449-5366
ESA Staff Involved
Bev Choi (Project Manager)
Dan Dameron (Project Director)
City of Vacaville | Downtown Specific Plan
ESA worked with the City of Vacaville to prepare the Downtown Specific Plan, Downtown Connectivity and Streetscape Design Plan (Streetscape Plan) and associated environmental documentation. Downtown Vacaville encompasses approximately 300 acres and is designated as a “Transit Town Center” Planned Development Area (PDA). The goal of the Specific Plan and Streetscape Plan is to unlock Downtown’s full potential as a vibrant and walkable mixeduse destination. The project builds upon Downtown’s unique history and setting and develops a framework that provides for a diversity of housing choices, enhances economic vitality by providing for a wide range of commercial and entertainment options, and promotes pedestrian, bicycle, and transit use. ESA, in collaboration with the City, identified and screened land use alternatives, developed placemaking strategies, enhanced mobility options, analyzed infrastructure constraints, and conducted extensive community engagement to inform the planning process. The team identified a series of development prototypes desired in Downtown and established a framework that outlines the incentives to develop these types of projects in select Downtown areas. To provide clarity and predictability in project requirements, an objective design standards checklist was prepared to assist with expediting project approval.

City of Modesto Contract Municipal Planning Services
January 13, 2023
10 Environmental Science Associates
esassoc.com
DocuSign Envelope ID: FB1B756E-D051-42B2-8876-17F05CA919A3 #3..
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Agency Reference
Ellen Yau
Email Address
[email protected]
Phone Number
(650) 903-6306
ESA Staff Involved
Bev Choi (Project Manager)
Dan Dameron (Project Director)
Shannon Wages (Principal
Planner)
Ethan Wynacht (Deputy Project
Manager)
Luke Evans (CEQA Advisor)
City of Mountain View | Housing Element (2023-2031)
In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update and EIR for the City of Mountain View. While many ABAG jurisdictions saw a significant increase between the 5th and 6th cycle Regional Housing Needs Allocation (RHNA), the largely built out City had a nearly fourfold increase between these two cycles and had the third highest 6th cycle RHNA in Santa Clara County, behind the cities of Sunnyvale and Santa Clara, both of whom have land areas much greater than Mountain View. ESA’s key tasks include a robust sites inventory and constraints analyses, General Plan consistency analysis, and development of a web map display for the sites inventory.

In order to meet the City’s RHNA, ESA worked with the project team and coordinated with HCD over the course of the project to refine the inventory methodology to meet the RHNA. ESA has worked closely with HCD in the development of this housing element update in order to meet State requirements, including regular meetings with HCD staff to discuss a path towards compliance.

Agency Reference
Roberta Feliciano
Email Address
[email protected]
Phone Number
(510) 620-6662
ESA Staff Involved
Bev Choi (Project Manager)
Dan Dameron (Project Director)
Ethan Wynacht (Urban Planner)
City of Richmond | Hilltop Mall Specific Plan
Hilltop is an aging mall that has declined over the years and is currently economically underutilized. Working with the City of Richmond, ESA is leading a multi-disciplinary team of consultants that will define a new future for the Mall site and adjacent properties that enhances the communities’ prosperity and meets some of its unmet needs.

The project team is working with the City to prepare and execute all aspects of this high-profile, complex project, including community outreach, existing condition and market analyses, visioning, land use alternatives, financial feasibility analyses, utility and mobility planning, fiscal and economic development analyses, affordable housing and anti-displacement strategies, placemaking strategies, design guidelines, development standards, a financing plan and preparation of the Specific Plan and environmental analysis. ESA is implementing a multi-pronged engagement strategy that utilizes different methods to engage, including though not limited to focused stakeholder interviews, advisory committee meetings, community workshops, and study sessions with elected officials.

City of Modesto Contract Municipal Planning Services
January 13, 2023
11 Environmental Science Associates
esassoc.com
DocuSign Envelope ID: FB1B756E-D051-42B2-8876-17F05CA919A3 #3..
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Agency Reference
Stephanie Green
Email Address
[email protected]
Phone Number
(916) 440-1302
ESA Staff Involved
Dan Dameron (Project Director)
Luke Evans (Project Manager)
Sacramento Housing and Redevelopment Agency (SHRA) |
Environmental Consulting On-Call
Since 2016, ESA has held an on-call contract with the Sacramento Housing and Redevelopment Agency (SHRA) for CEQA and NEPA compliance for residential projects overseen by SHRA. Most recently, work under the on-call has focused on NEPA compliance for residential projects receiving U.S. Department of Housing and Urban Development (HUD) grants and associated funding. Issues typically associated with these types of high-density infill projects include historic resources, environmental justice, hazardous materials, visual resources, and traffic and transportation.

Under ESA’s leadership, about a half-dozen NEPA documents have been prepared for projects that total more than 800 affordable housing units in Sacramento County. Completed projects under this contract include the 46th Street Affordable Housing Project, Crossing at Woodberry Way, Twin Rivers Addendum, and Capitol Park Hotel Project.

Cost Detail
ESA has provided our standard rate sheet on the following pages, containing details regarding staff billing rates and other project associated costs. If awarded the contract, upon request for a detailed scope and budget per project, ESA will provide the City with a tailored budget utilizing the costs provided in the following breakdown.

City of Modesto Contract Municipal Planning Services
January 13, 2023
12 Environmental Science Associates
esassoc.com
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1 Environmental Science Associates & Subsidiaries
2023 Schedule of Fees
I. Personnel Category Rates
Charges will be made at the Category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category rate times 1.5.

Labor Category Billing
Step I
Billing
Step II
Billing
Step III
Billing Step
IV
Billing
Step V
Billing
Step VI
Senior Principal
Consultant
250 272 295 318 341 364
Principal Consultant 199 219 239 259 279 299
Managing Consultant 180 195 209 224 238 253
Senior Consultant 140 153 167 181 194 208
Associate Consultant 128 137 146 155 164 173
Consultant 89 97 105 114 122 135
Project Technician 62 87 112 136 161 186
(a) The range of rates shown for each staff category reflects ESA staff qualifications, expertise and experience levels. These rate ranges allow our project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity. (b) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates.
(c) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs.

II. ESA Expenses
A. Travel Expenses

1. Transportation
a. Company vehicle – IRS mileage reimbursement rate
b. Common carrier or car rental – actual multiplied by 1.15

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ESA 2023 Schedule of Fees
2 B. Data Management and Project Support Fee
Non-travel expenses incurred for the duration of the agreement for project support but not itemized below, including document retention, delivery and communications. Project labor charges multiplied by 3%.

C. Printing/Reproduction Rates
Item Rate/Page Sample Pricing
Black & White – 8.5 x 11 $0.10
Black & White – 11 x 17 $0.20
Color – 8.5 x 11 $0.40
Color – 11 x 17 $0.70
B&W – Plotter (Toner – ECO Quality) $0.40/sf 24x36 B/W CAD drawing would cost $2.40 per sheet
B&W – Plotter (Toner – Presentation
Quality)
$1.00/sf 24x36 B/W CAD drawing would
cost $6.00 per sheet
Color – Plotter (Inkjet – ECO Quality) $2.00/sf 24x36 Color Drawing would cost $12 per sheet
Color – Plotter (Inkjet – Presentation
Quality)
$4.00/sf 24x36 Color Drawing would cost
$24 per sheet
CD $10.00
Digital Photography $20.00 (up to 50 images)
All Other Items
(including bindings and covers)
At cost plus 10%
D. Equipment Rates
Item Rate/Day Rate/Week Rate/Month
Project Specific Equipment:

Vehicles – Standard size $ 40a $ 180
Vehicles – 4x4 /Truck 85
Vehicles – ATV 125
Noise Meter 100
Hydroacoustic Noise Monitoring Equipment 150
Electrofisher 300 1,200
Sample Pump 25
Field Traps 40
Digital Hypsometer (Nikon) 20
Stilling Well / Coring Pipe (3 inch aluminum) 3/ft
Backpack Sprayer 25
360-Degree 4k Camera 30 120
Cam-Do Time-Lapse Camera 15 50 180
Beach Seine 50
Otter Trawl 100
Wildlife Acoustics Bat Detector 125 400
Wildlife Trail Camera 30 100
Fiber Optic Endoscope 125 500
Spot Light 30
Spotting Scope 50 200
Topographic/Bathymetric Survey Equipment:

Auto Level 40
Total Station 200 600
DJI Quad Drone 300 1,200
RTK-GPS 300 1,200
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ESA 2023 Schedule of Fees
3 Item Rate/Day Rate/Week Rate/Month
RTK-GPS Smartnet Subscription 50 200
Single-Beam Echoshounder 150 600
Trimble GPS GeoXT 75 350 900
iPad/Android Tablet + 1m GNSS External Sensor
(Trimble R1, Bad Elf) 75 350 900
iPad/Android Tablet + sub-meter Arrow 100/TDC 150 100 400 1,100 iPad/Android Tablet + sub-foot Arrow Gold 200 800 2,800 iPad/Android Tablet only
(includes Garmin Glo external sensor) 50 225 600
Laser Level 60
Garmin GPS or equivalent 25 250
Hydrologic Data Collection, Water Current, Level and Wave Measurement Equipment:

ISCO 2150 Area Velocity Flow Logger $ 25 $ 100 $ 350
SonTek IQ-Plus Area Velocity Flow Logger 180 500 1600
Logging Rain Gage 10 40 125
Marsh-McBirney Hand-Held Current Meter 50 200
FloWav Surface Velocity Radar 50 200
RBR Virtuoso Wave Pressure Sensor 100 350
SOFAR Ocean Spotter Wave Buoy 30 120 450
Ocean Sensor Systems Sonic Wave Sensor 30 120 450
Logging Water Level - Pressure Transducer 10 30 100
Logging Barometric Pressure Logger 5 15 50
Well Probe / Water Level Meter 20 80
Bottom-Mounted Tripod / Mooring 25 100 400
Handheld Suspended Sediment Sampler 20 250
Water Quality Equipment:

Logging Turbidimeter/Water Level Recorder $ 25 $ 100 $ 400 Logging Conductivity/Water Level Recorder 20 60 200
In-Situ Troll 9500 logging water quality multiprobe 200 800 Logging Temperature Probe 3 10 40
Hach Hand-Held Turbidimeter Recording Conductivity Meter w/Datalogger
50 200
Refractometer 20 80
YSI Hand-Held Salinity Meter or pH meter 30 120
Hand-Held Conductivity/Dissolved Oxygen Probe (YSI 85) 40 160 HOBO Salinity Gauge 125
HOBO DO/Temp Probe 125
In-Situ Aqua Troll 600 Water Quality Sonde 800
In-Situ VuSitu Telemetry System Hardware 40
YSI 650 with 6920 Multi Probe 180 500 1500
YSI ProDSS Multi Probe 180 500 1500
ISCO 6712 Portable Sampler w/ISCO 2105 Module 40 250 900 Sedimentation / Geotechnical Equipment:

Peat Corer $ 75 $ 300
60lb Helly-Smith Bedload Sampler with Bridge Crane 175 700 Suspended Sediment Sampler with Bridge Crane 75 300
Guelph Permeameter 50 200
Vibra-core 100 400
Muck Corer 50 200
Shear Strength Vane 50 200
Auger (brass core @ $ 5/each) 20 80
Boats:
14’ Aluminum Boats with 15 HP Outboard Motor $ 100 $ 400 Single or Double Person Canoe/Kayak 30 120
Small Watercraft Motor 20 100
20’ Lowe Boat w/115 HP Outboard 300 1,500
[North River Boat – Ask Matt Silva for Specs and Price] 17' Boston Whaler w/ 90 HP Outboard 300 1,500
a Actual project charges will be either the IRS mileage reimbursement rate or the daily rate, whichever is higher.

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ESA 2023 Schedule of Fees
4 E. Cloud-based Services
Item Rate/Hour Rate/Day Rate/Week Rate/Month
Cloud-based Services
Nearmap High Resolution Images $50/image
ArcGIS Online Hosting (Web Maps/Apps) $200
Website Hosting $200
Custom Application & Services Hosting* $300*
Modeling (GeoHECRAS, TUFLOW, Delft3D) + Drone
Processing
$7 $160 $950 $3,900
Aviation Environmental Design Tool (AEDT) Processing $13 $190 $1,120 $4,600 *includes support for database, SSL, IT support – costs vary by project. Contact software development services for firm pricing.

III. Subcontracts
Subcontract services will be invoiced at cost multiplied by 1.15.

IV. Other
The fees above do not include sales tax. Any applicable or potential sales tax will be charged when appropriate.

V. Payment Terms
Unless otherwise agreed in writing, ESA will submit invoices on a monthly basis. Any unpaid balances shall draw interest at one and one half percent (1.5%) per month or the highest rate allowed by law, whichever is lower, commencing thirty (30) days after date of invoice. All invoices not contested in writing within fifteen (15) business days of receipt are deemed accepted by Client as true and accurate and Client thereafter waives any objection to Clients invoices, which are payable in full.

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Appendix A
Resumes
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Daniel Dameron
Vice President Community Development Director | Project Director Environmental Science Associates
esassoc.com
Dan has more than 30 years of public and private sector experience leading a wide variety of community planning and design projects. He specializes in large scale, complex, multidisciplinary planning and development projects, providing strategic assistance to local jurisdictions, development interests,and agencies. Dan brings an in-depth understanding of progressive land use, policy and implementation strategies to effectively enhance the feasibility, livability, and sustainability of projects and communities. His experience includes managing, preparing and implementing specific plans, downtown plans, master plans, general plans, design guidelines, zoning and development standards, entitlement coordination, housing studies, contract staffing, LAFCO entitlements, public involvement programs, and other planning services and tools Relevant Experience
County of Stanislaus and City of Oakdale, Model Housing Element, Stanislaus County, CA. Project Director. Dan served as Project Director for the preparation of a Model Housing Element to be used as a guide by all the jurisdictions within Stanislaus County. The Model Housing Element was developed as part of the Stanislaus County Regional Sustainability Toolbox funded through a Proposition 84 Sustainable Communities Planning Grant. The project developed Model Housing Element policies and implementation programs that address housing supply and affordability, land use, energy, climate change, Senate Bill 375, and other housing and sustainability strategies. In addition to extensive public outreach, training was provided to all ten jurisdictions within Stanislaus County to ensure effective implementation of model housing policies.

City of Richmond, Hilltop Specific Plan, Richmond, CA. Project Director. Dan is serving as Project Director for the preparation of the Hilltop Specific Plan. The Specific Plan will encompass 143 acres within a defined Priority Development Area (PDA) that includes the Hilltop Mall and adjacent properties. Hilltop is an aging mall that has declined over the years and is currently economically underutilized. ESA is leading a multi-disciplinary team of consultants that will define a new future for the Mall site and adjacent properties that enhances the communities’ prosperity, and meets some of its unmet needs. Key components of the work program include extensive community outreach, existing condition and market analyses, visioning, land use alternatives, financial feasibility analyses, utility and mobility planning, fiscal and economic development analyses, affordable housing and anti-displacement strategies, placemaking strategies, design guidelines, development standards, a financing plan and preparation of the Specific Plan and environmental analysis. The project is being funded in part via a Local Early Action Planning (LEAP) Grant from the California Department of Housing and Community Development, and a PDA Grant from the Metropolitan Transportation Commission (MTC).

City of Vacaville, Downtown Priority Development Area Specific Plan and Downtown Connectivity and Streetscape Design Plan, Vacaville, CA. Project Director. Dan served as the Project Director for preparation of the Specific Plan, Streetscape Design Plan and associated environmental documentation. Downtown Vacaville encompasses approximately 300 acres, and is designated as a “Transit Town Center” Planned Development Area (PDA). The goal of the Specific Plan and Streetscape Design Plan is to

EDUCATION
B.S., Urban and Regional
Planning, California State
Polytechnic University,
Pomona
30+ YEARS’ EXPERIENCE

PROFESSIONAL

AFFILIATIONS
American Planning
Association
Urban Land Institute
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Daniel Dameron (Continued)
Vice President Community Development Director
Environmental Science Associates
esassoc.com
build upon Downtown’s unique history and setting and develop a framework that provides for a diversity of housing choices, enhances economic vitality, and promotes pedestrian mobility. The project included the screening of land use and design alternatives, mobility and infrastructure analyses, and extensive community involvement.

City of Sacramento, Central City Specific Plan, Sacramento, CA. Project Director. Dan served as the Project Director for preparation of the Specific Plan and associated environmental documentation. In late 2015, Sacramento Mayor Kevin Johnson announced his priority initiative of implementing 10,000 places to live in Downtown Sacramento in 10 years.

The Specific Plan outlines how those 10,000 housing units will be realized, where the housing will be located, the type of residential products the market will support, design guidance for housing and the adjacent public realm, evaluation and treatment of historic resources, integration with Sacramento’s planned streetcar and other mobility options, needed infrastructure improvements, the desired amenities to support additional residents, and how it will all be paid for. The project included development of a web-based application (Housing NOW!) that provides easy access to information on all housing opportunity sites for a variety of users.

City of Oakdale, General Plan Update, Oakdale, CA. Project Director. Dan served as Project Director for the comprehensive update of the City of Oakdale General Plan, Housing Element, EIR, and Climate Action Plan. As part of this effort, Dan led numerous community workshops and joint City Council-Planning Commission study sessions. The new General Plan directs how Oakdale can accommodate well planned and managed growth, maintain its small-town character and sense of community, enhance its downtown district, expand retail and employment opportunities, provide quality public services and transportation options, and promote resource conservation and sustainability.

County of Sutter, General Plan Update, Sutter County, CA. Project Director. Dan served as Project Director for the comprehensive update of the Sutter County General Plan, Housing Element, EIR and Climate Action Plan. He led the planning team in creating an updated General Plan that maintains the County’s rural lifestyle while accommodating new growth areas and economic development. This effort involved coordination of a General Plan Update Committee, Agricultural Focus Group, and multiple community workshops. The plan preserves the long-term viability of the county’s extensive agricultural lands and natural resources, protects existing rural communities, promotes reductions in greenhouse gas emissions, and addresses infrastructure deficiencies and flooding risks.

City of Santa Clara, Land Use Element and Housing Element Updates, Santa Clara, CA. Project Director. Dan served as Project Director in support of the Land Use Element update for the City of Santa Clara. The review encompassed a reassessment of the programs, policies, and content of the existing General Plan. Results from the review provided the City with the assurance that the plan is on course in its phased implementation approach. In tandem with the Land Use Element, ESA teamed up with Veronica Tam and Associates in the preparation of the City’s 2015-2023 Housing Element, which aligns the housing sites with land use diagram changes. In addition to the Element Updates, ESA prepared the necessary CEQA clearances associated with both projects.

Department of Water Resources (DWR), Implementing State Flood Risk Management Legislation in Local Land Use Planning, Sacramento, CA. Project Management Support. Dan provided guidance and project management support to DWR with its efforts to help local jurisdictions in California comply with 2007 flood risk management legislation. Through this effort, a handbook was prepared that provides step-by-step guidance to assist local jurisdictions in complying with the legislation through their general plans, zoning ordinances, development agreements, subdivision maps, and discretionary and ministerial actions.

Placer County LAFCO, West Roseville Specific Plan Municipal Service Review, Roseville, CA. Project Manager/Planner. Dan managed and was primary author of the West Roseville Specific Plan Municipal Service Review (MSR). The West Roseville MSR was prepared for Placer County LAFCO and provided information on the provision of services required for the City of Roseville to expand its sphere of influence to incorporate the West Roseville Specific Plan.

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Beverly Choi, LEED AP
Community Planning Program Manager | Project Manager
Environmental Science Associates
esassoc.com
Beverly has 16 years of experience working with clients to shape and enhance communities through land use planning, policy research, urban design, sustainable best practices, and public engagement. As an urban planner and ESA’s Community Planning Program Manager, she works with private and public sector clients on a variety of U.S. and international projects that range in needs, budget, and scale, from sites as small as a few urban blocks to plan areas as large as several thousand acres that span multiple jurisdictions. Beverly is skilled at coordinating cross-business line, cross-regional teams and developing internal and external tools to manage the delivery of successful projects.

Prior to joining ESA, Beverly acted as San Francisco office Studio Leader for a diverse business group of 60+ staff, comprised of policy planners, urban designers, economists, resiliency planners, asset management planners, and infrastructure engineers.

Relevant Experience
Napa County, Housing Element Update and Safety Element. Senior Planner. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update, Safety Element refinements, and EIR. While changes in State law have led to considerable increases in the RHNA that most local jurisdictions in California will need to accommodate, Napa County faces a particularly large percentage increase in the 6th cycle. As part of this effort, ESA is leading key tasks including the housing sites inventory and analysis of constraints, environmental review, preparing targeted updates to the County’s Safety Element, other conforming General Plan amendments and zoning text/map amendments, and leading Napa County’s public outreach efforts. Beverly is assisting with the sites inventory analysis and response to HCD comments.

City of Mountain View, Housing Element Update and EIR. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update and EIR for the City of Mountain View. As project manager, Beverly led ESA’s key tasks involving the robust housing sites inventory and constraints analyses, General Plan consistency analysis, and development of a webmap display for the sites inventory. In order to meet the City’s RHNA, ESA worked with the project team and coordinated with HCD over the course of the project to refine the inventory methodology to meet the RHNA.

City of Richmond, Hilltop Specific Plan, Richmond, CA. Project Manager. Beverly is leading the preparation of the Hilltop Specific Plan, which will encompass 143 acres within a defined Priority Development Area (PDA) that includes the underutilized Hilltop Mall and adjacent properties. ESA is leading a multi-disciplinary team of consultants that will define a new future for the Mall site and adjacent properties that enhances the communities’ prosperity and meets some of its unmet needs. In her role as project manager, Beverly is the client point of contact and main liaison working with the larger project team to prepare and execute all aspects of the project, including community outreach, existing condition and market analyses, visioning, land use alternatives, financial feasibility

EDUCATION
M.C.P., University of
Pennsylvania
B.S., Urban and Regional
Planning, Michigan State
University
16 YEARS’ EXPERIENCE

CERTIFICATIONS/

REGISTRATION
Leadership in Energy and
Environmental Design
Accredited Professional

PROFESSIONAL

AFFILIATIONS
San Francisco Planning +
Urban Research
Association (SPUR)
Urban Land Institute
AWARDS
2016 California Top 20
under 40 Professional,
Engineering News Record

SPEAKING

ENGAGEMENTS
Guest Panelist, Associated
Students in Planning and
Development BIPOC
Panel, USC Price School of
Public Policy, 2022
Guest Speaker, “Planning
and Design Overview”,
Multi-Organization
Internship Program, 2022
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Beverly Choi, LEED AP (Continued)
Community Planning Program Manager
Environmental Science Associates
esassoc.com
analyses, utility and mobility planning, fiscal and economic development analyses, affordable housing and antidisplacement strategies, placemaking strategies, design guidelines, development standards, a financing plan and preparation of the Specific Plan and environmental analysis.

City of Vacaville, Downtown Priority Development Area Specific Plan and Downtown Connectivity and Streetscape Design Plan, City of Vacaville, CA. Project Manager. Beverly serves as the Project Manager and Senior Planner for the preparation of the Downtown Specific Plan, Downtown Connectivity and Streetscape Design Plan, and associated environmental documentation. The Specific Plan identifies strategies to enhance placemaking, mobility, and economic growth; analyzes infrastructure and financial constraints to development; presents development and design standards and guidelines unique to Downtown zoning districts; and identifies several development prototypes that prioritize residential and establishes a framework that outlines the incentives to develop these types of prototypes in select Downtown areas. A key project goal is to provide a broad range of quality housing choices in Downtown. As project manager, Beverly led all aspects of the project, including coordination on all analyses, communication between the client and broader multi-disciplinary project team, and preparation of the Specific Plan.

Lewis Planned Communities, Arboretum Specific Plan, Rancho Cordova, CA. Project Manager. This project was a new sustainable community comprised of 1,400 acres in Rancho Cordova, California. The Specific Plan included site-specific sustainability policies and design guidelines for a high quality and innovative community. The plan proposed a shift from the predominance of low-density, disconnected developments by building compact and walkable neighborhoods organized around formative open spaces and community amenities. The plan exceeded the City’s requirements for community amenities and ecological protection and 37 percent of the site was dedicated to open space. The plan accommodated more than 5,000 residential units, three commercial centers, two elementary schools, and one combined middle/high school. This community had to balance fiscal success and ecological sensitivity; therefore, economic and environmental sustainability considerations were given equal footing.

Confidential Client, Master Planning Services, Sacramento County, CA. Project Manager and Senior Urban Planner.

Working directly with the client Vice President of Real Estate and Senior Development Director, Beverly served as the Project Manager and Senior Urban Planner on a 6,000-acre property located in a prominent California gateway location.

This project is envisioned as a vibrant, mixed-use collection of communities, each thoughtfully designed to embrace smart-growth best practices and maximize access to open space to interconnect neighborhoods with services. The master planned project features over 18,000 residential units, several million square feet of commercial, office and industrial use, and over 900 acres dedicated to active and passive green space. Client services include land use planning, policy analysis, program test fits, and preparation of market studies, design guidelines and a Specific Plan. Portions of the project either have been sold, are in the entitlement process or are fully entitled.

Confidential Client, Tea Plantation Concept Master Plan, Hawaii. Project Manager. Beverly served as the Project Manager and ensured the design intent and program of the project considered a balance of the client’s vision, community’s expectations, and realities of the market. The project offered the unique opportunity to create a worldclass, agricultural-themed tourism destination on a 1,600-acre property nestled in close proximity to a popular national park. Given the sensitivity toward development in this area from an environmental and cultural perspective, public engagement played an important role to keep the community up-to-date. Thoughtful phasing of the program, which included agriculture, cultural and educational amenities, and estate living, was critical. Analyses on viewshed, access, climatic conditions, among other considerations were conducted to identify developable areas on site.

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Shannon Wages, AICP
Principal Planner
Environmental Science Associates
esassoc.com
Shannon Wages is an urban planner with over 18 years’ experience specializing in managing long-range planning documents as well as complex land use entitlement projects. Ms. Wages has successfully managed the preparation of multiple general plans, climate adaptation plans, specific plans, zoning ordinances, housing elements, downtown plans, visioning plans, corridor studies, and economic feasibility studies. She has received multiple awards from the American Planning Association (APA) for her planning projects.

Ms. Wages considers community outreach central to any project and develops outreach strategies that reach broadly and deeply into a community. Ms. Wages also helps cities implement their plans through entitling development projects or assisting with grant funding and financing mechanisms. She combines her experience in planning, urban design, climate adaptation, and community outreach to achieve desired projects that realize the community’s goals and objectives. From planning and conceptual design to certificates of occupancy, she is involved throughout the process, facilitating positive growth and change in the communities she represents.

Relevant Experience
City of Mountain View, Housing Element Update and EIR. Senior Planner. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update and EIR for the City of Mountain View. While many ABAG jurisdictions saw a significant increase between the 5th and 6th cycle Regional Housing Needs Allocation (RHNA), the largely built out City had a nearly fourfold increase between these two cycles and had the third highest 6th cycle RHNA in Santa Clara County, behind the cities of Sunnyvale and Santa Clara, both of whom have land areas much greater than Mountain View. As senior planner, Shannon helped oversee and prepare the robust housing sites inventory and constraints analyses, General Plan consistency analysis, and development of a webmap display for the sites inventory. In order to meet the City’s RHNA, ESA worked with the project team and coordinated with HCD over the course of the project to refine the inventory methodology to meet the RHNA.

Napa County, Housing Element Update and Safety Element. Senior Planner. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update, Safety Element refinements, and EIR. The 6th cycle housing element presents new challenges for Napa County; most notably, the need to plan for a significant increase in residential units in unincorporated areas to address the County’s Regional Housing Needs Allocation (RHNA). While changes in State law have led to considerable increases in the RHNA that most local jurisdictions in California will need to accommodate, Napa County faces a particularly large percentage increase in the 6th cycle. As part of this effort, ESA is leading key tasks including the housing sites inventory and analysis of constraints, environmental review, preparing targeted updates to the County’s Safety Element, other conforming General Plan amendments and zoning text/map amendments, and leading

EDUCATION
MA, Urban Planning/Design,
University of Southern California
BA, Humanities/Spanish,
Brigham Young University
18 YEARS EXPERIENCE

CERTIFICATIONS/

REGISTRATION
American Institute of Certified
Planners (AICP)
American Society of Adaptation
Professionals (ASAP)

PROFESSIONAL AFFILIATIONS
American Planning Association
(APA)
American Society of Adaptation
Professionals (ASAP)
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Shannon Wages, AICP (Page 2)
Principal Planner
Environmental Science Associates
esassoc.com
Napa County’s public outreach efforts. Shannon managed the preparation of the Safety Element Update.

Indio Housing Element Update and Pro-Housing Strategies. Shannon Wages is serving as Project Manager in charge of the City of Indio’s Housing Element Update. This is a two-part project to comprehensively update the City’s 2014-2021 Housing Element for compliance with the requirements of the 6th Cycle Regional Housing Needs Assessment (RHNA) process; and to evaluate pro-housing policies focused on financial issues, including direct financial incentives, organization strategies, fee strategies, trust fund options and gap financing alternatives for workforce and affordable housing to facilitate the planning, approval and construction of housing. As part of this effort, Ms. Wages is working closely with Staff to organize and facilitate a community outreach approach that brings stakeholders and the community together to work on identifying housing needs and collaborating to develop solutions for meeting the housing needs of all members of the population, with an emphasis on affordable housing production.

El Cajon Housing, Safety, and Environmental Justice Elements; City El Cajon, California. Shannon Wages is serving as principal in charge of the City of El Cajon Housing, Safety, and Environmental Justice Elements. Ms. Wages is overseeing the project and ensuring that all elements are internally consistent with each other and the City’s General Plan. The Housing Element will identify appropriate sites for the additional 3,000 units needed to meet the RHNA and provide a roadmap to implement specific objectives with funding sources and responsible agencies. The Safety and Environmental Justice Elements provide a succinct assessment of the natural hazards, climate change effects, and public health issues facing the City of El Cajon and provides specific and actionable policy that address safety needs community wide, as well as policies specific to the disadvantaged communities.

Highland Housing, Safety, and Environmental Justice Elements; City of Highland, California. Shannon Wages is serving as principal in charge of Highland’s Housing and Safety (including Environmental Justice) Elements and acting as project manager of the Housing Element. The Housing Element will identify appropriate sites needed to meet the RHNA.

Ms. Wages is helping to develop programs to implement the Housing Element that are consistent with state law and are suited to meet the specific needs of the community. Ms. Wages is also overseeing the preparation of a detailed assessment of the hazards affecting the City of Highland, when they may occur, where the City of Highland is most vulnerable, and which communities are most impacted by hazards. As part of this effort, Dudek is participating in the creation of a virtual outreach hub, including news/events, resources, and other project details, in addition to three online public workshops.

City of Irwindale Housing, Safety, and Environmental Justice Elements, Irwindale, CA. Project Manager. ESA is preparing the Housing, Safety, and Environmental Justice Elements for the City of Irwindale. The City is entirely within a superfund site and is heavily industrialized, with a large daytime employment population (~40,000) and a small resident population (>2,000). The State of California identified the entire community as disadvantaged, necessitating the preparation of an Environmental Justice Element to address and mitigate pollution burdens and other inequities facing the community. Shannon is overseeing the preparation of the Environmental Justice Element and update to the City’s Safety Element. The focus of this planning effort is to improve the sustainability, resilience, health and safety of the community. Key topics of concern for both residents and employees include the need to improve air quality through cleaner industry, improve bike and pedestrian infrastructure, and increase the City’s tree canopy.

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Luke Evans
CEQA Program Manager
Environmental Science Associates
esassoc.com
Luke Evans has developed a reputation throughout his 20-year career for being able to successfully manage a wide range of project types, and his multi-disciplinary training allows him to work within a broad range of environmental fields. He has managed environmental document preparation for large-scale residential, commercial, and industrial projects in urban and rural settings, military installation master plans, utilityscale solar developments, affordable housing projects, and regional communication site networks. While working in southern California, Luke managed preparation of an EIR for a 1,500-acre redevelopment project in the City of Rialto that included 3,853 residential units and 6.8 million square feet of commercial and industrial uses. Smaller-scale developments have included projects in the Cities of San Bernardino and San Dimas that proposed residential development along the wildland-urban interface that presented severe risks from wildfire as well as potential impacts to sensitive species and visual resources. Here in northern California, Luke is currently managing the preparation of an EIR on behalf of the County of Sacramento for the Grandpark Specific Plan, a project with a 30-year timeline that will guide the future development of 5,675 acres of agricultural lands north of downtown Sacramento. The plan will essentially provide for a population of nearly 60,000 people, with 22,000 residential units, millions of square feet of regional and neighborhood commercial uses, a regional hospital, and extensive open space and flood control infrastructure. Based in Petaluma, Luke works easily throughout the region.

Relevant Experience
Sacramento Housing and Redevelopment Agency On-call Services, Sacramento, CA.

Project Manager. Since 2016, Luke has overseen ESA’s on-call contract with the Sacramento Housing and Redevelopment Agency (SHRA) for CEQA and NEPA compliance for residential projects overseen by SHRA. Most recently, work under the on-call has focused on NEPA compliance for residential projects receiving U.S. Department of Housing and Urban Development (HUD) grants and associated funding. In this capacity, Luke has overseen multi-disciplinary teams evaluating proposed housing projects in Downtown Sacramento, the River District, South Sacramento, and Elk Grove. Issues typically associated with these types of high-density infill projects include historic resources, environmental justice, hazardous materials, visual resources, and traffic and transportation. Under Luke’s leadership, about a half-dozen NEPA documents have been prepared for projects that total more than 800 affordable housing units in Sacramento County.

City and County of San Francisco, Mayor’s Office of Housing and Community Development On-Call Services, San Francisco, CA. Project Director. Since 2018, Luke has overseen ESA’s on-call contract with the San Francisco Mayor’s Office of Housing with respect to NEPA compliance for residential projects receiving U.S. Department of Housing and Urban Development (HUD) grants and associated funding. In this capacity, Luke has overseen multi-disciplinary teams evaluating proposed housing projects on Treasure

EDUCATION
M.S., Environmental
Policy and Natural
Resource Management,
University of Arizona,
Tucson, 2002
B.A., History and Religious
Studies, University of
Arizona, Tucson, 1992
25 YEARS’ EXPERIENCE
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Luke Evans (Continued)
CEQA Program Manager
Environmental Science Associates
esassoc.com
Island, and in the Mission District, Mission Bay, Tenderloin, Bayview, and South of Market neighborhoods in the City.

Issues typically associated with these types of high-density infill projects include historic resources, environmental justice, hazardous materials, visual resources, and traffic and transportation. Under Luke’s leadership, more than a halfdozen NEPA documents have been prepared for projects that total more than 2,000 residential units in the City.

Sonoma Community Development Commission, Cherry Creek Village Supportive Affordable Housing Project, Cloverdale, CA. Project Manager. In his role as the on-call environmental services manager for the Community Development Commission’s environmental compliance requirements, Luke provided environmental oversight and coordination assistance for preparation of a NEPA Environmental Assessment (EA) for the construction of 24 affordable housing units in Cloverdale. The project will convert an historic 1938 motor hotel into affordable apartments for households earning no more than 60 percent of the area median income. Luke managed the County’s consultation with the State Historic Preservation Office (SHPO), reviewed the applicant’s EA, and provided coordination for the EA’s circulation and issuance of a Finding of No Significant Impact.

City of Lafayette, 6th Cycle Housing Element Update EIR, Contra Costa County, CA. Project Manager. Luke is currently serving as project manager for preparation of an EIR for the City of Lafayette’s 6th Cycle Housing Element Update (HEU).

The HEU will incorporate the City’s obligations under the Regional Housing Needs Assessment (RHNA) to provide opportunities for the provision of 2,114 additional units of housing, plus an appropriate buffer. The EIR will evaluate the effects of implementing the HEU. Issues of particular concern include aesthetics, air quality, historic architectural resources, tribal cultural resources, greenhouse gas emissions, land use and planning, noise, population and housing, public services and recreation, transportation, wildfire, emergency evacuation, and utilities.

City of Menlo Park, 6th Cycle Housing Element Update EIR, San Mateo County, CA. Project Manager. Luke is currently serving as project manager for preparation of an EIR for the City of Menlo Park’s 6th Cycle Housing Element Update (HEU).

The HEU will incorporate the City’s obligations under the Regional Housing Needs Assessment (RHNA) to provide opportunities for the provision of 2,946 additional units of housing, plus an appropriate buffer. The EIR will evaluate the effects of implementing the HEU. Issues of particular concern include aesthetics, air quality, historic architectural resources, tribal cultural resources, greenhouse gas emissions, land use and planning, noise, population and housing, public services and recreation, transportation, and utilities.

Santa Clara County, 6th Cycle Housing Element Update, Santa Clara County, CA. Project Manager. Luke is currently serving as project manager for preparation of an EIR for the City of Menlo Park’s 6th Cycle Housing Element Update (HEU).

The HEU will incorporate the City’s obligations under the Regional Housing Needs Assessment (RHNA) to provide opportunities for the provision of 2,946 additional units of housing, plus an appropriate buffer. The EIR will evaluate the effects of implementing the HEU. Issues of particular concern include aesthetics, air quality, historic architectural resources, tribal cultural resources, greenhouse gas emissions, land use and planning, noise, population and housing, public services and recreation, transportation, and utilities.

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Ethan Wynacht
Planner
Environmental Science Associates
esassoc.com
Ethan Wynacht is an environmental planner working at entry level on planning project research, analysis, and writing. Prior to joining ESA, Ethan attended the University of California, Davis, where he earned a BS in Environmental Policy Analysis and Planning with an emphasis in Inclusive Policy Development. While at UC Davis he conducted research with Dr. Gwen Arnold on the environmental and social impacts of fracking. Ethan also held a board position with the UC Davis MANNRS program, working to promote diversity in the environmental sector through outreach and student support programming. As programming committee lead with UC Davis Undergraduate Admissions, he gained additional outreach and program develoment experience.

Relevant Experience
City of Mountain View Housing Element (2023-2031). Environmental Technical Analyst.

In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update for the City of Mountain View. While many ABAG jurisdictions saw a significant increase between the 5th and 6th cycle Regional Housing Needs Allocation (RHNA), the largely built out City had a nearly fourfold increase between these two cycles and had the third highest 6th cycle RHNA in Santa Clara County, behind the cities of Sunnyvale and Santa Clara, both of whom have land areas much greater than Mountain View. Ethan is assisting ESA’s tasks involving the robust housing sites inventory and constraints analyses.

Napa County Housing Element 2023-2031. Environmental Technical Analyst. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update, Safety Element refinements, and EIR. The 6th cycle housing element presents new challenges for Napa County; most notably, the need to plan for a significant increase in residential units in unincorporated areas to address the County’s Regional Housing Needs Allocation (RHNA). While changes in State law have led to considerable increases in the RHNA that most local jurisdictions in California will need to accommodate, Napa County faces a particularly large percentage increase in the 6th cycle. As part of this effort, ESA is leading key tasks including the housing sites inventory and analysis of constraints, environmental review, preparing targeted updates to the County’s Safety Element, other conforming General Plan amendments and zoning text/map amendments, and leading Napa County’s public outreach efforts. Ethan is assisting with the sites inventory analysis and response to HCD comments.

Alameda County Environmental Justice Element. Environmental Technical Analyst.

Alameda County is joining many other jurisdictions throughout California in addressing environmental justice (EJ), by preparing an Environmental Justice chapter or “element” in the County General Plan. Alameda County recognizes that there are environmental justice issues in its unincorporated communities. The impacts of environmental injustice have led to disproportionate environmental burdens being placed on low-income families and

EDUCATION
BS, Environmental Policy
Analysis & Planning,
University of California,
Davis, 2022
1 YEARS’ EXPERIENCE
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Ethan Wynacht (Continued)
Planner I
Environmental Science Associates
esassoc.com
BIPOC (Black, Indigenous, and People of Color) communities. These burdens affect health outcomes, food access, safety, community opportunities, and many other integral aspects of peoples’ lives. The EJ Element is being developed through extensive community and stakeholder engagement. The element contains goals, policies, and actions that reflect the values and needs of affected communities. Ethan supported the development of said goals, policies, and actions.

Prior to ESA
University of California, Davis, Dr. Gwen Arnold, Davis, California. Researcher. Prior to ESA, Ethan conducted independent data collection for a research project that analyzed the impacts of fracking “boom bust cycles” on communities in the North Eastern United States.

University of California, Davis, Undergraduate Admissions, Davis, California. Committee Lead. Prior to ESA, Ethan led the programming committee within the UC Davis Transfer Opportunity Program. He contributed to strategic efforts to reach and support underrepresented community college students by presenting at student support events with over 100 participants, coordinating and managing a team of student outreach ambassadors, and spearheading outreach tasks, including student mentorship, media development, and resource compilation.

MANRRS at UC Davis, Davis, California. Publicity Coordinator & Board Member. Prior to ESA, Ethan collaborated with a diverse team to lead and organize operations for the UC Davis Multiculturalism in Agriculture, Natural Resources, and Related Sciences program. He managed social media accounts with over 1,200 followers, coordinated with industry sponsors, and developed a weekly newsletter for over 700 recipients. Ethan won the MANRRS Regional Cluster Impromptu Speech contest and went on to compete at the national level.

The Putah Creek Council, Environmental Stewardship, Winters, California. Restoration Technician Intern. Ethan completed fieldwork alongside experienced technicians in riparian ecosystems throughout Yolo County; he gained experience with species identification, plug planting, hedgerow management, trail maintenance, irrigation, invasive plant removal, and other restoration techniques.

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Environmental Science Associates (ESA) A-1 City of Modesto On-Call Amendment for Municipal Planning Services

FIRST AMENDMENT TO ON-CALL AGREEMENT

FOR MUNICIPAL PLANNING SERVICES

WITH ENVIRONMENTAL SCIENCE ASSOCIATES
THIS First Amendment to On-Call Agreement for Municipal Planning Services (“First Amendment”), is made and entered into in the City of Modesto, State of California, this _____ day of _____________ 2025 by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and ENVIRONMENTAL SCIENCE ASSOCIATES (ESA), hereinafter referred to as "Consultant".

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

A. The City and Consultant entered into a standard agreement for municipal planning services dates May 12, 2023 to provide municipal planning consultant services for the City. (the “Agreement”).

B. The Agreement is for City requested on-call services only; City will assign projects to the Consultant which the City feels is best suited for the project. No promise of work is guaranteed or assumed by entering into the Agreement.

C. The Parties now desire to amend the Agreement.

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

1. SCOPE OF SERVICES
Section 1, Scope of Services, is amended in its entirety to read as follows:

Services to be provided by Consultant under this Agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit “A” and made a part hereof. The Consultant shall perform the services as described in Exhibit “A” in a manner consistent with the #3..
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Environmental Science Associates (ESA) A-2 City of Modesto On-Call Amendment for Municipal Planning Services
degree of care and skill ordinarily provided by members of its profession providing the same or similar services under the same or similar circumstances (“Standard of Care”).

2. TERM OF AGREEMENT
Section 2, Term of Agreement, is amended in its entirety to read as follows:

The City and Consultant hereto agree and enter into the Agreement for a term of three (3) years commencing on the Effective Date.

In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three (3) year term set forth in Paragraph 2(a).

Following the one (1) year term extension set forth in Paragraph 1(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).

3. COMPENSATION
Section 3, “Compensation” of the Agreement is amended to decrease the total compensation for Consultant by $75,000 for a total amount not to exceed $225,000, and to read in its entirety as follows:
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Environmental Science Associates (ESA) A-3 City of Modesto On-Call Amendment for Municipal Planning Services
“Consultant agrees to accept payment based on Exhibit “A” on a time and materials basis as full remuneration for performing all services and furnishing all staff and materials called for in Exhibit “A” and for performance by Consultant of all its duties and obligations under this Agreement.

The compensation shall be paid in the manner and at the times set forth below:

City shall pay Consultant for work performed as outlined in Exhibit “A” and based upon the schedule of hourly rates set forth in Exhibit "A”, for a total compensation not to exceed $225,000 for all work performed under this Agreement. Unless otherwise approved by the City, the hourly rates shown in Exhibit “A” shall remain in effect for the first two years of this Agreement.

Thereafter, Consultant may request adjustments to these rates no more often than annually, and any such rate adjustments are subject to City approval.

Consultant shall submit monthly invoices to City which include a detailed running balance, description of completed tasks, hours worked, and billable rates for all work completed and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on a Project. City shall pay Consultant’s invoice within thirty (30) days from the date City receives said invoice.”

4. OBLIGATIONS OF CONSULTANT
Section 4, “Obligation of Consultant” of the Agreement is amended to read in its entirety as follows:

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to #3..
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Environmental Science Associates (ESA) A-4 City of Modesto On-Call Amendment for Municipal Planning Services
conduct its business. Consultant represents that it has, or agrees to obtain, all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will exercise the Standard of Care to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE
Section 5, “Performance by Key Employee” of the Agreement is amended to read in its entirety as follows:

Consultant has represented to City that Beverly Choi, Community Planning Program Manager, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. The abovenamed person shall devote such time and attention to the project as reasonably required to fulfill the obligations and responsibilities pursuant to this Agreement.

6. OWNERSHIP OF DOCUMENT/TITLE TO DATA
Section 6, “Ownership of Documents/Title to Data” of the Agreement is amended to read in its entirety as follows:

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City in accordance with this Agreement without any additional cost to City. No reports shall be used by the Consultant or #3..
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Environmental Science Associates (ESA) A-5 City of Modesto On-Call Amendment for Municipal Planning Services
City for purposes other than as contemplated by this Agreement without the express prior written consent of the other party.

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

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

7. FINANCIAL INTEREST OF CONSULTANT
Section 8 “Financial Interest of Consultant” of the Agreement is amended to read in its entirety as follows:

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would materially conflict with the performance of services required to be performed under this Agreement.

Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

8. ASSIGNMENT
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Environmental Science Associates (ESA) A-6 City of Modesto On-Call Amendment for Municipal Planning Services
Section 11, “Assignment” of the Agreement is amended to read in its entirety as follows:

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance, which consent shall not be unreasonably withheld. For purposes of clarification, without limitation, City hereby consents to any subcontractors identified in Exhibit A.

9. PATENT/COPYRIGHT MATERIALS
Section 12, “Patent/Copyright Materials” of the Agreement is amended to read in its entirety as follows:

Unless otherwise expressly provided in this Agreement, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement.

10. INSURANCE REQUIREMENTS
Section 14, “Insurance Requirements” of the Agreement is amended to read in its entirety as follows:

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies authorized to do business in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by PINS Insurance Program, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the #3..
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Environmental Science Associates (ESA) A-7 City of Modesto On-Call Amendment for Municipal Planning Services
Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided thirty (30) days notice of the cancellation on the policies of insurance required hereunder (ten (10) days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within five (5) business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, provide current certificates of insurance showing that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable. (b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage. #3..
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Environmental Science Associates (ESA) A-8 City of Modesto On-Call Amendment for Municipal Planning Services
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(d) Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as #3..
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Environmental Science Associates (ESA) A-9 City of Modesto On-Call Amendment for Municipal Planning Services
respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.

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

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

11. TERMINATION OF AGREEMENT
Section 15, “Termination of Agreement” of the Agreement is amended to read in its entirety as follows:

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant and opportunity to cure of not less than five (5) days after the effective date of the notice. For the purposes of this section, material #3..
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Environmental Science Associates (ESA) A-10 City of Modesto On-Call Amendment for Municipal Planning Services
breach of this Agreement shall include, but not be limited to, any of the following:
failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, and following any cure periods specified therein, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
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Environmental Science Associates (ESA) A-11 City of Modesto On-Call Amendment for Municipal Planning Services
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Work as has not been terminated; g. Take such other actions as may be reasonably necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.

City will pay Consultant an amount based on the percentage of work completed in accordance with this Agreement through the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; #3..
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Environmental Science Associates (ESA) A-12 City of Modesto On-Call Amendment for Municipal Planning Services
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant, and any reimbursable expenses incurred as of the date of termination.

Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

12. INDEMNITY
Section 17, “Indemnity” of the Agreement is amended to read in its entirety as follows:

The Consultant shall hold the City, 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, but only to the extent caused by negligent, reckless or willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.
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Environmental Science Associates (ESA) A-13 City of Modesto On-Call Amendment for Municipal Planning Services
In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

13. EFFECT OF AMENDMENT
Except as modified and amended by this First Amendment, all other provisions of the Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025-________, adopted by the Council of the City of Modesto on the ______ day of ______________, 2025, and Environmental Science Associates has caused this First Amendment to be duly executed in duplicate as of the Effective Date.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 4, 2025
Date: February 11, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Fire Chief
SUBJECT: First Amendment to Agreement with Scott’s PPE Recon, Inc. for Personal Protection Equipment
CONTACT: Kevin Wise, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider approving a First Amendment to the Agreement with Scotts PPE Recon Inc., Lodi, CA for Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services increasing the Agreement amount by $200,000. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on the quality of life under Goal A: Improve Community Safety.

BACKGROUND:

The Modesto Fire Department outfits personnel with various items of Personal Protection Equipment (PPE) to protect the department’s fire suppression personnel from both known and unknown occupational safety and health hazards. Most individual PPE items have a set service life according to the National Fire Protection Association’s (NFPA) standards. Based on industry studies and internal risk assessments, the department’s PPE implementation has been standardized throughout the department to ensure firefighter safety and uniformity.

On June 14, 2022, under Resolution 2022-272, City Council approved an agreement with Scotts PPE Recon, Inc. for a period of two (2) years, with three (3) one-year extension options, for a total of up to five (5) years. The current Agreement provides that the cost of the Agreement shall not exceed $250,000 over five years.

DISCUSSION:

Personal Protective Equipment has a defined shelf life, which means it must be replaced periodically to ensure safety and compliance. Additionally, in September of 2022 City of Modesto entered a contract for services with Salida, increasing the department’s staffing, service area and call volume. Since 2022, there have also been a number of large fire incidents within the department’s service area such as 12th Street Fire and Janopaul Pallet Fire, and incidents for #4..
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City Council, March 4, 2025
First Amendment to Agreement with Scott’s PPE Recon, Inc. for Personal Protection Equipment

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