Modesto City Council
July 22, 2025

aircraft components and requires a large, well-equipped facility. Shop maintenance focuses on repair or overhaul of specific parts and often requires specialist services.

On October 24, 2023, by Resolution No. 2023-470, the City Council approved a purchase order with Mather Aviation, LLC (Mather), Mather, CA for aircraft maintenance services for a total amount not to exceed $90,228.

On September 12, 2024, by Resolution No. 2024-372, the City Council approved an Agreement with Mather Aviation, LLC, Mather, California, for Aircraft Maintenance and Repair Services for a Two (2)-Year Agreement, for an estimated annual amount of $87,072, and a total amount not to exceed $159,768.

DISCUSSION:

With a full year of operational data now available, and a desire to have the aircraft in the air as much as possible, MPD has a clearer understanding of its ongoing projected flight hours and associated maintenance/repair costs. Due to the increase in logged engine hours, it is necessary to raise the number of inspection cycles from five (5) to eight (8) to meet FAA service requirements. This adjustment will ensure the aircraft can be operated regularly throughout each full 12-month period.

MPD’s increase in flight/patrol hours has also increased normal wear on the flight components for the aircraft, to include engine and electronic components. Many of these components are original parts installed in 2013. These components have reached end of life, requiring repair or replacement. Since October of 2024 these additional inspection and repair costs have accounted for nearly $108,372 in increased costs. MPD is also incurring an ongoing GPS monthly update cost which needs to be accounted for in operational expenses. These updates are required by the FAA for safety reasons due to the ever-changing landscape. The GPS systems coordinate with flight patterns and safety features such as autopilot and warning systems.

After analyzing the costs associated with inspections, parts purchases and replacements, MPD is requesting an increase to years one (1) and two (2) of the current Council approved agreement with Mather Aviation, LLC., and extending their service contract for an additional 12 months.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, 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 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.” Our current agreement with Mather needs to be amended to include additional funding to cover unexpected inspections and repairs and to extend an additional year.

FISCAL IMPACT:

The $427,776 in additional contract authority will be funded through the General Fund and supplemented by the Traffic Safety Fund, SLESF, Measure H, and Asset Forfeiture Funds when appropriate. For the first year of the contract (starting September of 2024) a total of $112,287 has been expended thus far.
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City Council, July 22, 2025
First Amendment to Aircraft Maintenance and Repair Services Agreement with Mather Aviation, LLC

Adjustments to Current Agreement:

YEAR 1:

Description Personnel Hours Hourly Rate Total Cost
Additional Parts $55,590
Additional Labor (FAA Repairs) 80 $155 $12,400
Additional Inspections (FAA Mandated) 3
Cycles 144 $155 $22,320
20% contingency for added parts and labor* n/a n/a $18,062 Original Agreement Amount: $87,072
ADDITIONAL COST FOR YEAR 1: $108,372
AMENDED YEAR 1 AMOUNT: $195,444
YEAR 2:

Description Personnel Hours Hourly Rate Total Cost
Additional Parts n/a n/a $44,410
Additional Labor (FAA Repairs) 180 $165 $29,700
Additional Inspections (FAA Mandated) 3
Cycles 144 $165 $23,760
20% contingency for added parts and labor* n/a n/a $19,574 Original Agreement Amount: $72,696
TOTAL ADDITIONAL COST FOR YEAR 2: $117,444
AMENDED YEAR 2 AMOUNT: $190,140
YEAR 3:

Description Personnel Hours Hourly Rate Total Cost
8 Cycles of Inspections at 48 man-hours each 384 $175 $67,200 Camera Removal/Install 16 hours each (2) 32 $175 $5,600 FAA Safety Repairs 160 hours 160 $175 $28,000
Parts n/a n/a $65,000
Spare Rims n/a n/a $2,500
20% contingency for parts and labor* n/a n/a $33,660
TOTAL FOR YEAR 3: $201,960
*Due to the unique needs and requirements for aircraft, and the potential for a wide variance for repairs (parts and labor) depending on the location or type, a 20% contingency was determined to be appropriate.

Estimated Agreement Totals:

YEAR ORIGINAL TOTAL ESTIMATED ANNUAL TOTAL DIFFERENCE
Year 1 $87,072 $195,444 $108,372
Year 2 $72,696 $190,140 $117,444
Year 3 n/a $201,960 $201,960
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City Council, July 22, 2025
First Amendment to Aircraft Maintenance and Repair Services Agreement with Mather Aviation, LLC

GRAND TOTAL: $159,768 $587,544 $427,776
COMMITTEE RECOMMENDATION:

This item was presented to Finance Committee on June 23, 2025, and the Committee recommended forwarding the item to the City Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment with Mather Aviation, LLC, for Aircraft Maintenance and Repair Services increasing the Agreement amount by $427,776, to a new estimated annual amount of $195,848, a new total amount not to exceed $587,544 through the term of the Agreement and extending the term of the Agreement from September 30, 2026, to September 30, 2027; and authorizing the City Manager, or his designee to execute the Amendment.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. First Amendment

3. Exhibit B1- Updated Pricing Schedule

4. Exhibit D – Revised Maintenance Breakdown

5. Original Signed Agreement with all Exhibits

6. California Levine Act Disclosure Form

7. Bid Waiver for First Amendment
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07/22/2025/MPD/BGillespie/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING THE FIRST AMENDMENT WITH MATHER

AVIATION, LLC, FOR AIRCRAFT MAINTENANCE AND REPAIR SERVICES INCREASING THE AGREEMENT AMOUNT BY $427,776, TO A NEW
ESTIMATED ANNUAL AMOUNT OF $195,848, A NEW TOTAL AMOUNT NOT TO EXCEED $587,544 THROUGH THE TERM OF THE AGREEMENT AND EXTENDING THE TERM OF THE AGREEMENT FROM SEPTEMBER 30,
2026, TO SEPTEMBER 30, 2027; AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE TO EXECUTE THE AMENDMENT
WHEREAS, on February 28, 2023, by Resolution No. 2023-87, Council approved the purchase of a Gipps Aero GA8 for use by the Modesto Police Department (MPD) to establish its Air Support Unit; and
WHERAS, the Gipps Aero GA8, now known as Sky 1, was delivered to the MPD on March 31, 2023; and
WHEREAS, aircraft maintenance is necessary to keep the aircraft in a state of airworthiness, for the safety of the crew and everyone in the service area; and WHEREAS, aircraft maintenance is a highly regulated field requiring both scheduled and preventative servicing, inspection, testing, repair and overhaul or modification activities by certified maintenance technicians; and WHEREAS, with only 250 units built and sold within the United States, the Gipps Aero GA8 is a commonly used surveillance platform for law enforcement by providing a level of service to the overall success of crime fighting efforts, enhancing officer and public safety, and reducing the incidence of crime; and WHEREAS, on October 24, 2023, by Resolution No. 2023-470, the City Council approved a purchase order with Mather Aviation, LLC (Mather), Mather, CA for aircraft maintenance services for a total amount not to exceed $90,228; and #22..
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07/22/2025/MPD/BGillespie/Item X 2 2025-XX
WHEREAS, on September 12, 2024, by Resolution No. 2024-372, the City Council approved an Agreement with Mather Aviation, LLC, Mather, California, for Aircraft Maintenance and Repair Services for a Two (2)-Year Agreement, for an estimated annual amount of $87,072, and a total amount not to exceed $159,768; and WHEREAS, with a full year of operational data now available, and a desire to have the aircraft in the air as much as possible, MPD has a clearer understanding of its ongoing projected flight hours and associated maintenance/repair costs. Due to the increase in logged engine hours, it is necessary to raise the number of inspection cycles from five (5) to eight (8) to meet FAA service requirements. This adjustment will ensure the aircraft can be operated regularly throughout each full 12-month period; and WHEREAS, MPD’s increase in flight/patrol hours has also increased normal wear on the flight components for the aircraft, to include engine and electronic components; and
WHEREAS, after analyzing the costs associated with inspections, parts purchases and replacements, MPD is requesting an increase to years one (1) and two (2) of the current Council approved agreement with Mather Aviation, LLC., and extending their service contract for an additional 12 months; and
WHEREAS, Modesto Municipal Code (MMC) Section 8-203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, 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 services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in #22..
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07/22/2025/MPD/BGillespie/Item X 3 2025-XX
order to increase efficiency and avoid delays or disruptions to City projects or services.” Our current agreement with Mather needs to be amended to include additional funding to cover unexpected inspections and repairs and to extend an additional year.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto approves the First Amendment with Mather Aviation, LLC, for Aircraft Maintenance and Repair Services increasing the Agreement amount by $427,776, to a new estimated annual amount of $195,848, a new total amount not to exceed $587,544 through the term of the Agreement and extending the term of the Agreement from September 30, 2026, to September 30, 2027.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the amendment, in a form approved by the City Attorney. #22..
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07/22/2025/MPD/BGillespie/Item X 4 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 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:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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FIRST AMENDMENT TO AGREEMENT

WITH MATHER AVIATION, LLC FOR AIRCRAFT MAINTENANCE AND REPAIR

SERVICES
This First Amendment to the Agreement for Aircraft Maintenance and Repair Services (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and Mather Aviation, LLC, a California limited liability company (LLC), (hereinafter “Contractor”) as of ____________, 2025.

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

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Aviation Maintenance and Repair Services on the 1st day of October 2024 (the “Original Agreement”).

WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to increase compensation by $427,776 to a new total amount not to exceed $587,544, and WHEREAS, CITY and CONTRACTOR desire to extend the term of the Original Agreement by twelve months through September 30, 2027.

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

1. THE WORK, Section #1, paragraph e, of the Original Agreement shall be deleted in its entirety and replaced with the following:

CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $195,848. The total amount paid by the CITY to the CONTRACTOR over the full term of the AGREEMENT shall not exceed $587,544. Unless the services provided are for a #22..
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lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Price Schedule attached hereto as Exhibit B and the updated Price Schedule attached hereto as Exhibit B1. A revised breakdown of the projected maintenance intervals, inspections, parts, and labor is calculated in the Revised Maintenance Breakdown attached hereto as Exhibit D.

2. TERM OF AGREEMENT, Section #3, of the Original Agreement shall be deleted in its entirety and replaced with the following:

The term of the AGREEMENT shall be for a period of three years.

Year 1: October 1, 2024, through September 30, 2025
Year 2: October 1, 2025, through September 30, 2026
Year 3: October 1, 2026, through September 30, 2027
Pricing as set forth in Section 1.e. above shall remain firm for the term of the AGREEMENT.

3. Exhibit B-1, attached hereto, is hereby incorporated and made a part of the Original Agreement.

4. Exhibit D of the Original Agreement is hereby deleted in its entirety and replaced with the revised Exhibit D, attached hereto and incorporated herein.

5. Except as modified and amended by this First Amendment, all other provisions of the Original 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 by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2025-_____ on the ________ day of ___________, 2025, and Mather Aviation, LLC has caused this First Amendment to be duly executed as of the Effective Date.
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801 Airport Way
Modesto, CA 95345
Phone: 209-577-6831
Fax: 209-577-6883
www.MatherAviation.com
Modesto Police Department
Gipps N209PD
Rate Schedule
Year 2024 - 2025 2025 – 2026 2026 – 2027
Reg Labor Rate $155 $165 $175
OT Labor Rate $175 $195 $205
Travel Labor Rate $145 $155 $165
Parts mark-up
$0.00 - $1,000 20%
$1,001 - $10,000 8%
$10,001 & Above 5%
EXHIBIT B1 #22..
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Mather Agreement Amendment
Hours Calculations Cost
5 Cycles of Inspections at 48 man hours each 240 48x5=240; 240*155=37,200 $37,200 Camera Removal/Install-16 hour each occurrence 32 hours a year 64 total life of contract 32 32*155=4,960 $4,960 FAA Safety Repairs - 80 hours each year - 80 80*155=12,400 $12,400 Engine Replacement (100 hours) 1 time during contract 100 100*155=15,500 $15,500 Spare Rims 1x a year - $2,500 a year $5,000 total contract. $2,500 20% 72,560÷100=725.6; 725.6x20=14,512 $14,512
Total 452 $87,072 Original Agreement Amount
Additional Parts $55,590
Additional Labor (FAA Repairs) 80 80*155=12,400 $12,400 Additional Inspecitons (FAA Mandated) 3 Cycles 144 48x3=144; 144*155=$22,320 $22,320 20% Contingency on added Parts and Labor $18,062
Year 1 Estimated Total 676 $195,444
5 Cycles of Inspections at 48 man hours each 240 48x5=240; 240*165=39,600 $39,600 Camera Removal/Install-16 hour each occurrence 32 hours a year 64 total life of contract 32 32*165=5,280 $5,280 FAA Safety Repairs - 80 hours each year 80 80*165=13,200 $13,200 Spare Rims 1x a year - $2,500 a year $5,000 total contract. $2,500 20% 60,580÷100=605.8; 605.8x20=12,116 $12,116
Total 352 $72,696 Original Agreement Amount
Additional Parts $44,410
Additional Labor (FAA Repairs) 180 180*165=13,200 $29,700 Additional Inspections (FAA Mandated) 3 Cycles 144 48x3=144; 144*165=23,760 $23,760 20% Contingency on added Parts and Labor $19,574
Year 2 Estimated Total 676 $190,140
8 Cycles of Inspections at 48 man hours each 384 48x8=384; 384*175=63,360 $67,200 Camera Removal/Install 16 hours each (2) 32 32*175=5,600 $5,600 FAA Safety Repairs 160 hours 160 160*175=28,000 $28,000 Parts $65,000
Spare Rims $2,500
Total $168,300
20% contingency for parts and labor 168,300 ÷ 100= 1,683; 1,683x20=33,660 $33,660 Year 3 Estimated Total $201,960
Agreement Amount for 3 years $587,544
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.

The attached agreement is the final version approved through the under $100,000 Unity Workflow review and pulled from Unity for routing via DocuSign.

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 Michelle Belarmino
10/08/2024
Airplane Maintenance for MPD Sky1
X
X
MPD.Administration
29614
Mather Aviation
John Fukasawa
X
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1 ANNUAL AGREEMENT – AIRCRAFT MAINTENANCE AND REPAIR SERVICES This agreement, hereinafter called AGREEMENT, made, and entered into in the City of Modesto, State of California, this ________ day of ____________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Mather Aviation, LLC, a limited liability company (LLC), hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-________ authorizing the award of an agreement for the furnishing of AVIATION MAINTENANCE AND REPAIR SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provides a SERVICE that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of AVIATION MAINTENANCE AND REPAIR SERVICES as described in Scope of Work - Maintenance Breakdown attached hereto as Exhibit “C”.

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

Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 372
1st October
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2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $87,072. The total amount paid by the CITY to the CONTRACTOR over the full term of the AGREEMENT shall not exceed $159,768. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Price Schedule attached hereto as Exhibit B.

2. CITY AND CONTRACTOR REPRESENTATIVE:

CONTRACTOR Representative is:

Benjamin Gleason
Modesto Director of Maintenance
[email protected]
209-577-6831
CITY Representative is:

Lieutenant Kalani Souza
Modesto Police Department
[email protected]
209-527-9500
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #22..
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3 shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two years.

Year 1: October 1, 2024, through September 30, 2025
Year 2: October 1, 2025, through September 30, 2026
Pricing as set forth in Section 1.e. above shall remain firm for the term of the AGREEMENT.

4. LIABILITY INSURANCE:

The CONTRACTOR 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 City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' 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 per accident for bodily injury or disease.

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 CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #22..
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4 hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as provided above, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

The CONTRACTOR’s insurance policy(ices) 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 CITY’s Risk Manager.

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

5. PAYMENT:

CONTRACTOR shall invoice CITY upon completion of service based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR “Net 30 Days via EPay”. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #22..
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5 Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT Number: 284496
 CITY department/division name and address
 Billing period
 Service hours worked day and week.
 Unit price, extended price, sales tax and total

6. INDEMNITY:

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

7. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.

8. ATTORNEYS’ FEES:

Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #22..
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6 If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement
a. Resolution No.2024-_______
b. Pricing Schedule
c. Scope of Work
d. Contractor’s City of Modesto business license

10. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 372
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7 and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are 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, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES 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 CONTRACTOR in performing the SERVICES 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 SERVICES 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 SERVICES and/or property related to the SERVICES.
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #22..
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8 CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials. b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

11. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

12. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of the AGREEMENT between said CONTRACTOR and the City of Modesto.

Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #22..
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9 Those discrepancies and deficiencies in the SERVICES that remain uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.

Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

13. ASSIGNMENT OF RIGHTS:

The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

14. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

15. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If the CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at the CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

16. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar.

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10 week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Mather Aviation LLC
801 Airport Way
Modesto, CA 95345
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

17. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.

18. QUANTITIES:

No minimum or maximum is guaranteed or implied.

19. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council.

Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.

20. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

21. NON-DISCRIMINATION:

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11 a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require ascertaining compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #22..
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12 discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

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13 22. CONTRACTOR LICENSES & PERMITS:

CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.

23. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the city and are not necessarily suitable for any future or other use.

24. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.

25. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, the CONTRACTOR shall be an independent contractor and shall not be an employee of the CITY. The CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as the CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind the CITY to any obligation whatsoever.

26. DRUG FREE WORKPLACE:

CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #22..
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14 Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

27. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

28. 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.

29. HEADINGS NOT CONTROLLING:

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

30. MISCELLANEOUS:

Time is of the essence in the CONTRACTOR’s performance under each provision of this AGREEMENT.

31. ENTIRE AGREEMENT:

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

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15 32. 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.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and Mather Aviation, LLC has caused this Agreement to be duly executed.

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October
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 Mather Aviation
Quinten House VP Maintenance Ops
68-0389340
10/21/2024
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 8, 2024
Date: September 12, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Aircraft Maintenance and Repair Services Agreement CONTACT: Kalani Souza, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:

Consider approving an Agreement with Mather Aviation, LLC, Mather, CA, for Aircraft Maintenance and Repair Services for a total amount not to exceed $159,768 over two years. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan for Governance and Service Delivery by building community trust in City government through transparent and efficient service delivery.

BACKGROUND:

On February 28, 2023, by Resolution No. 2023-87, Council approved the purchase of a Gipps Aero GA8 for use by the Modesto Police Department (MPD) to establish its Air Support Unit.

The Gipps Aero GA8, now known as Sky 1, was delivered to the MPD on March 31, 2023. An Air Support Unit is a commonly used surveillance platform for law enforcement by providing a level of service to the overall success of crime fighting efforts, enhancing officer and public safety, and reducing the incidence of crime.

Aircraft maintenance is necessary to keep the aircraft in a state of airworthiness, for the safety of the crew and everyone in the service area. Aircraft maintenance is a highly regulated field requiring both scheduled and preventive servicing, inspection, testing, repair and overhaul or modification activities by certified maintenance technicians. There are generally three types of required maintenance: line maintenance which covers pre-flight checks, daily check of fluids, scheduled minor repairs and modifications and troubleshooting. Heavy maintenance is performed less often, but requires a much more thorough breakdown, repair, or replacement of aircraft components and requires a large, well-equipped facility. Shop maintenance focuses on repair or overhaul of specific parts and often requires specialist services.

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City Council, 10/08/2024
Aircraft Maintenance and Repair Services Agreement

On October 24, 2023, by Resolution No. 2023-470, the City Council approved a purchase order with Mather Aviation, LLC (Mather), Mather, CA for aircraft maintenance services for a total amount not to exceed $90,228.

DISCUSSION:

The 2012 Gipps Aero GA8 is a unique aircraft with only 250 units built and sold throughout the world. This uniqueness also extends to the maintenance schedule for this aircraft which requires inspections in 50-hour increments within 200 hours of flight time, this is called a progressive maintenance plan. Each inspection varies in length and thoroughness and can range from 6- man hours to 24-man hours. During the progressive inspections FAA required safety items are inspected for flight readiness and approval. When these items do not meet FAA requirements, they need to be repaired and/or replaced which can cause additional maintenance hours to be incurred. Additionally, the Gipps Aero GA8 requires an engine rebuild/replacement approximately every 2,200 hours. The engine will need to be replaced during year one of this proposed agreement.

The Gipps Aero GA8 is outfitted with a specialty 15” camera system, requiring ongoing maintenance, cleaning, and inspection separate from the above-mentioned maintenance of the aircraft. Occasionally, the camera will need to be removed from the aircraft, which is a technical process requiring it be done by trained avionics personnel who are familiar with this system.

Mather Aviation is the only service provider with trained personnel that have experience working on this aircraft in Northern California. The California Highway Patrol (CHP) also operates with the Gipps Aero GA8 platform and has contracted with Mather Aviation, LLC for their maintenance needs for the last three years. They conducted a formal bid process in 2020 and Mather Aviation, LLC was the only bidder. Both Mather Aviation, LLC service facilities (Modesto and Sacramento) are under the same ownership and have the same service fees. Any maintenance option outside of Modesto is not feasible, nor financially responsible as it would require the department to fly the aircraft for servicing. This would mean the department would be paying for the service plus the cost of fuel and additional maintenance on the plane for flight hours on the engine.

For example, on average, the GA8 has an operating cost of $330 per hour (fuel, staffing, and maintenance costs). This does not include transportation costs to transport the pilot back from the facility (which would include an additional employee to drive the vehicle to and from the facility, cost of fuel for the vehicle, or maintenance for the vehicle). Additionally, if the plane was unable to fly (grounded for safety or maintenance reasons), technicians would have to travel to the hangar in Modesto to provide services at additional cost/fees. Mather being on-site at the location of the aircraft, keeps costs down while ensuring timely maintenance at a reduced cost.

Advanced Helicopter in Woodland, CA provides aircraft maintenance services for the Stanislaus County Sheriff’s Office at a rate of $130 per hour. Woodland is approximately a one-hour flight from Modesto. Including operating costs, this maintenance option would increase the cost by $660 (two hours round-trip) to get the aircraft to and from the facility. If the certified mechanic were to travel to Modesto due to the aircraft being inoperable or grounded, it would be a twohour drive time (four hours round-trip) for each visit, adding $520 to the cost of maintenance.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases in excess of $100,000 for material, equipment, or contractual services to follow formal bid procedures.

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City Council, 10/08/2024
Aircraft Maintenance and Repair Services Agreement

However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Therefore, staff recommends the Aircraft Maintenance Services of this agreement to Mather Aviation, LLC should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) since Mather Aviation, LLC is the only known provider for maintenance of the Gipps Aero GA8 aircraft and provides services on-site at the Modesto City-County Airport and is therefore the most logical and cost-effective choice for aircraft maintenance services.

FISCAL IMPACT:

The anticipated cost of $159,768 for the aircraft maintenance agreement will be absorbed within the current Modesto Police Department General Fund Operating budget in the Air Support Unit Cost Center (19322) in Account No. 52300 (Tool and Field Supplies) and 53100 (Repair and Maintenance Services). This is for a two-year agreement, in Fiscal Year 2024-2025, the total estimated cost is $87,072 and for Fiscal Year 2025-2026, the total estimated cost is $72,696.

The totals for each fiscal year are calculated as shown below:

YEAR 1:

Description Man-Hours Hourly rate Total Cost
5 cycles of Inspections – 48 man-hours each 240 $155 $37,200 Camera removal/install – 16 man-hours each
instance, est. 2 instances
32 $155 $4,960
FAA Safety Repairs 80 $155 $12,400
Engine Replacement (100 man-hours) 100 $155 $15,500
Spare Rims – est. 1 time n/a n/a $2,500
20% contingency for parts and labor n/a n/a $14,512
TOTAL FOR YEAR 1: $87,072
YEAR 2:

Description Man-Hours Hourly rate Total Cost
5 cycles of Inspections – 48 man-hours each 240 $165 $39,600 Camera removal/install – 16 man-hours each
instance, est. 2 instances
32 $165 $5,280
FAA Safety Repairs 80 $165 $13,200
Spare Rims – est. 1 time n/a n/a $2,500
20% contingency for parts and labor n/a n/a $12,116
TOTAL FOR YEAR 2: $72,696
COMMITTEE RECOMMENDATION:

This item was not presented to the Safety and Communities Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Agreement with Mather Aviation, LLC, Mather, California for Aircraft Maintenance and Repair Services for a two-year Agreement, for an estimated amount of $87,072, and a total amount not to exceed $159,768 over two years; and authorizing the City Manager, or his designee, to execute the Agreement.

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City Council, 10/08/2024
Aircraft Maintenance and Repair Services Agreement

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement with Mather Aviation, LLC

3. Exhibit B – Price Schedule

4. Exhibit C – Scope of Work – Maintenance Breakdown

5. Financial Interest Disclosure Form

6. Executed Bid Waiver
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-372

RESOLUTION APPROVING THE AGREEMENT WITH MATHER AVIATION,

LLC, MATHER, CALIFORNIA, FOR AIRCRAFT MAINTENANCE AND

REPAIR SERVICES FOR A TWO-YEAR AGREEMENT, FOR AN ESTIMATED ANNUAL AMOUNT OF $87,072, AND A TOTAL AMOUNT NOT TO EXCEED $159,768 OVER TWO YEARS; AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, on February 28, 2023, by Resolution No. 2023-87, Council approved the purchase of a Gipps Aero GA8 for use by the Modesto Police Department (MPD) to establish its Air Support Unit; and
WHERAS, the Gipps Aero GA8, now known as Sky 1, was delivered to the MPD on March 31, 2023; and
WHEREAS, aircraft maintenance is necessary to keep the aircraft in a state of airworthiness, for the safety of the crew and everyone in the service area; and WHEREAS, aircraft maintenance is a highly regulated field requiring both scheduled and preventative servicing, inspection, testing, repair and overhaul or modification activities by certified maintenance technicians; and WHEREAS, the Gipps Aero GA8 is a unique aircraft with only 250 units built and sold throughout the world; and
WHEREAS, this uniqueness also extends to the maintenance schedule for this aircraft which requires inspections in 50-hour increments within 200 hours of flight time; and
WHEREAS, Mather Aviation is the only service provider with trained personnel that have experience working on this aircraft in Northern California and has locations in both Modesto and Sacramento; and
10/08/2024/Police/KSouza/Item 21 1 2024-372
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WHEREAS, the California Highway Patrol (CHP) also operates with the Gipps Aero GA8 platform and has contracted with Mather Aviation, LLC for their maintenance needs for the last three years; and
WHEREAS, any maintenance option outside of Modesto is not feasible, nor financially responsible, as it would require the department to fly the aircraft for services which would incur the cost of the service plus the cost of fuel and additional maintenance on the plan for flight hours on the engine; and
WHEREAS, Modesto Municipal Code (MMC) Section 8-203 generally requires all purchases in excess of $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Therefore, staff recommends the Aircraft Maintenance Services of this agreement to Mather Aviation, LLC, should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code Section 8-204(d) since Mather Aviation, LLC is the only known provider for maintenance of the Gipps Aero GA8 since Mather Aviation, LLC is the only known provider for maintenance of the Gipps Aero GA8 aircraft and provides services on-site at the Modesto City-County Airport and is therefore the most logical and cost-effective choice for aircraft maintenance services.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto approves the Agreement with Mather Aviation, LLC, Mather, California, for Aircraft 10/08/2024/Police/KSouza/Item 21 2 2024-372
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EXHIBIT B #22..
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Scope of Work – Aircraft Maintenance

1. Contractor agrees to provide to the Modesto Police Department (MPD) all personnel, labor, materials, tools, supplies, equipment, permits and licenses necessary for airplane maintenance and repair for aircraft assigned to the Air Support Unit.

A. License/Certification Requirements:
i. Current factory authorized GippsAero Service Station OR a valid Federal Aviation Administration (FAA) approved repair station as prescribed in Part 145 of the Federal Aviation Regulations (FARS).
ii. All mechanics will be supervised by an FAA Airframe & Powerplant certified mechanic. iii. Contractor shall employ at least one FAA certified Inspection Authorization (IA).

All certificates, licenses and permits shall be current and in effect throughout the term of the agreement.

2. The services shall be performed at: Mather Aviation Modesto, 801 Airport Way Hangar 2 Modesto CA 95354

3. Detailed description of work to be performed:
a. Contractor shall provide all labor, personnel, equipment, supplies, materials, tools, transportation, licenses, and/or permits, and insurance necessary to maintain GippsAero GA8 aircraft owned and operated by MPD. The term “maintain” shall include service, repair, replace, troubleshoot and provide new items, for the aircraft airframe and power plant(engine). The Contractor shall be a current factory authorized GippsAero Service Station or a valid Federal Aviation Administration (FAA) approved repair station, as prescribed in Part 145 of the Federal Aviation Regulations. All certificates, licenses, and permits shall be current and in effect throughout the term of this agreement, and readily available for inspection by MPD.
b. The Contractor shall demonstrate adequate facilities, equipment, and personnel to perform airframe and engine maintenance and/or repair. Contractor’s regular place of business shall be available for inspection by MPD and access granted to MPD employees while MPD aircraft are being maintained or MPD parts or equipment are on-site. c. Contractor shall employ at least one FAA certified Inspection Authorization (IA) mechanic to perform maintenance and/or repairs. Certification(s) shall be current and in effect throughout the term of this agreement. Work experience shall be subject to verification by MPD.
d. The ASU Supervisor shall perform an airplane maintenance inspection concurrent with Contractor’s inspection. If unavailable, the ASU Supervisor shall delegate a suitable departmental delegate to conduct the inspection. The purpose of the inspection will be to ensure that the Contractor’s assigned mechanic(s) are performing services in compliance with FAA regulations, airworthiness directives, and manufacturer’s bulletins. Contractor shall ensure that aircraft and engine logbooks are complete and accurate entries are made, life-limited component use times are accurately recorded, and ensure any spare components are properly tagged (serviceable, non-serviceable, repairable) and identified.

If determined the Contractor is not in compliance as stated, both ASU and Contractor will agree on a “time-frame” to remedy and/or resolve the issue(s). If the issue(s) are not resolved within the agreed upon time-frame, the contract may be terminated.

EXHIBIT C
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e. It is the responsibility of Contractor to provide the tools which are necessary for routine maintenance or repair of the MPD aircraft. Should MPD request the use of tools or special equipment that is not required for normal maintenance, Contractor shall provide a written cost estimate and receive authorization from the ASU Supervisor prior to purchase or rental of these items. If approved, this cost shall be charged against the contract agreement.

Any purchase of special equipment required for normal maintenance against the contract agreement will be the property of the MPD.
f. Contractor shall have a formal tool inventory control system to ensure that all tools used during maintenance are removed from the aircraft and returned to their storage areas at the end of maintenance.
g. Contractor shall maintain the aircraft in accordance with all appropriate FAA, manufacturer and MPD requirements. Contractor will perform other services and repairs as necessary or as required by MPD. Contractor shall maintain all required navigation databases as required by the FAA. Authorization for providing service shall be at the direction of the ASU Supervisor, or designee.
h. To ensure compliance with FAA regulations, airworthiness directives, and manufacturer’s bulletins, service bulletins, and advisories, contractor shall comply with Federal Aviation Regulation (FAR) 43.9 as it relates to logbook/maintenance record entries. The MPD operates under FAR part 91 guidelines, but MPD requires logbook entries to comply with FAR 43.9. The logbook entry shall be made on adhesive label material and securely attached to the logbook page, or Contractor shall make a pen and ink entry. The attachment of any work order to the logbook and/or an entry to “see work order for details,” shall not be allowed.
i. Contractor shall utilize an aircraft maintenance management and tracking service system for all maintenance tracking/documentation and inventory control. j. Contractor shall be required to complete appropriate inspection checklists approved by the manufacturer, and/or FAA. This checklist shall be signed by the mechanic and made available to MPD pilot receiving the aircraft. The GippsAero GA8 Progressive Maintenance Program is the only accepted checklist for use on MPD GippsAero GA8 aircraft. k. Contractor agrees to use the Progressive Maintenance Program contained in the GippsAero recommended procedures and instructions for the ground handling, services, and maintaining of the GA8 Aircraft.
l. Contractor shall be required to research, maintain and comply with all mandatory manufacturers “Service Bulletins (SB)” pertaining thereof with airframe, power plant and propeller requirements. Contractor shall be required to comply with all manufacturers “Airworthiness Directives (AD)” issued by the FAA in accordance with 14 CFR part 39 to correct an unsafe condition in a product. Part 39 defines a product as an aircraft, engine, propeller or appliance.
m. For all work other than scheduled inspections, Contractor shall provide a written estimate of labor, parts, and time required to complete the specified maintenance and/or repairs.

No work shall be done or parts supplied in excess of, or different from the original written estimate without the separate oral or written approval of the ASU Supervisor. Should Contractor continue to work without the separate oral or written approval of the ASU Supervisor, MPD is released from all obligation to pay any amount over the original estimate.
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n. To ensure the origin of life limited components, Contractor shall provide an itemized manufacturer’s invoice for all life limited parts purchased from the manufacturer. The invoice shall be submitted with Contractor’s invoice.
o. Contractor shall provide a copy of the work order with the life limited component detailing the work performed for any component overhauled by or through Contractor. p. Airframe, Avionics or engine repair related discrepancies that are not capable of being corrected by Contractor shall not be subcontracted and notification shall be made to the ASU Supervisor. MPD will coordinate necessary repairs and reserves the right to utilize any available maintenance contract for such repairs or modifications. q. Technical advice may be obtained by Contractor from the appropriate manufacturer or other designated representatives.
r. When MPD critical parts or components are shipped, they shall be insured by Contractor for replacement value.
s. Any damage caused to the aircraft or its components through neglect or negligence by Contractor or its employees shall be the sole responsibility of Contractor. t. Should Contractor be required to travel to a location other than the specified MPD facility to maintain the aircraft, actual out-of-pocket expenses (current Federal General Services Agency GSA rate for meals, lodging, etc.) shall be reimbursed when supported by receipts.

Contractor shall be reimbursed for mileage at the current GSA rate. Expenses for such per diem and mileage shall be included on the invoice(s) for work performed. Expenses for such per diem and mileage shall only be authorized for travel incurred within the state.

Authorization for out-of-state travel must be obtained and approved by the ASU Supervisor prior to any expenses being incurred. Additionally, expenses for rental cars or airfare shall not be authorized.
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Hours Calculations
240 48x5=240; 240*155=37,200
32 32*155=4,960
80 80*155=12,400
100 100*155=15,500
452
72,560+100=725.6; 725.6x20=14,512
452
240 48x5=240;240*165=39,600
32 32*165=5,280
80 80*165=13,200
352
60,580+100=605.8; 605.8x20=12,116
352
Cost
$37,200
$4,960
$12,400
$15,500
$2,500
$72,560
$14,512
$87,072
$39,600
$5,280
$13,200
$2,500
$60,580
$12,116
$72,696
$159,768
Maintenance Breakdown
Mather Agreement
5 Cycles of Inspections at 48 man hours each
Camera Removal/lnstall-16 hour each occurrence 32 hours a year 64 total life of contract FAA Safety Repairs - 80 hours each year
Engine Replacement (100 hours) 1 time during contract
Spare Rims lx a year - $2,500 a year $5,000 total contract.

Total
20%
Year 1 Grand Total
5 Cycles of Inspections at 48 man hours each
Camera Removal/lnstall-16 hour each occurrence 32 hours a year 64 total life of contract FAA Safety Repairs - 80 hours each year
Spare Rims lx a year - $2,500 a year $5,000 total contract.

Total
20%
Year 2 Grand Total
Agreement Amount for both years
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AB-939i

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 22, 2025
July 1, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Regional Solid Waste Disposal Plan Memorandum of Understanding with Stanislaus County
CONTACT: Rosene Nguyen, Integrated Waste Program Manager, [email protected], 209-577-5453
DESCRIPTION:

Consider approving the Memorandum of Understanding with Stanislaus County for Regional Solid Waste Disposal at Fink Road Landfill, with the term ending on June 30, 2035. (Funding Source: Various)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-2026 Strategic Plan Element: Quality of Life, Goal B: “Enhance pride in Modesto’s diverse neighborhoods and business districts by actively addressing blight and ensuring that community assets and amenities are well-maintained and preserved.”; Strategy No. Five: “Reduce blight throughout the city.” BACKGROUND:

Fink Road Landfill located at 4000 Fink Rd, Crows Landing, CA 95313 is owned and operated by Stanislaus County (County). The County’s solid waste management system includes the Fink Road Landfill and the Household Hazardous Waste (HHW) facility located at 1710 Morgan Rd, Modesto, CA 95358. Each facility plays a role in managing locally generated solid waste. These facilities are part of the state mandates to provide disposal capacity, solid waste management planning, and waste diversion as required by the California Integrated Waste Management Act of 1989, Assembly Bill 939 (AB-939)i. In order to support each of these components of the County's solid waste management system, participation in the Fink Road Landfill is critical because tipping fees not only fund these current operations, but they also fund the ongoing closure and corrective action activities associated with the Geer Road Landfill.

On August 23, 1994, by Resolution No. 94-551 the County and the City entered into a Memorandum of Understanding (MOU) to provide for payment of the City's proportional share of the costs for services provided by the County pursuant to AB-939. On June 10, 1997, by Resolution No. 97-334 the City and the County executed Amendment No. 1 to the AB-939 #23..
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City Council, July 22, 2025
Regional Solid Waste Disposal Plan Memorandum of Understanding with Stanislaus County

AB-939i
PRC 41821.5ii
MOU, establishing the City’s obligation to pay their proportional share of the costs for disposalbased reporting services provided by the County pursuant to AB-939. On June 23, 2015, by Resolution No. 2015-211 the City and the County executed Amendment No. 2 to the AB-939 MOU, extending the City’s obligation to pay their proportional share of the costs for disposalbased reporting services provided by the County pursuant to AB-939 indefinitely.

The City and County were partners in the Waste to Energy (WTE) Facility and jointly set tip fees at the WTE facility. On January 23, 1990, by Resolution No. 90-60, the City and the County Operated as a Joint Powers Authority. The City and County were obligated to meet the minimum annual disposal tonnage of 243,300 tons at the WTE Facility. The City was obligated to ensure the delivery of at least 58% of the generated tonnage and the County was obligated to deliver 42%. The service agreement with WTE was terminated on November 5, 2024, and the operations at the WTE Facility ceased on December 2, 2024, resulting in the need for the Fink Road Landfill to receive an increased portion of the countywide acceptable solid waste.

DISCUSSION:

The City, in cooperation with its solid waste franchise haulers, agrees to annually deliver to the Fink Road Landfill no less than the committed 90% of solid waste. Solid waste includes the garbage collected from the City’s residential, commercial, and industrial accounts and the Compost Facility residual waste.

The MOU between the City and the County establishes the Total Disposal Rate per ton of solid waste received at the Fink Road Landfill. The Total Disposal Rate means the sum of the tip fee normally charged at the Fink Road Landfill, in addition to any applicable program fees for HHW and AB-939 related programs.

Under the MOU, the County agrees to provide and maintain the following programs and services for the City:

1. AB-939 Programs:
a. Collect the AB-939 fee, on behalf of the City, on all tons of City-franchised acceptable solid waste delivered to the Landfill by the City or its franchise haulers. b. Issue quarterly disbursements of the AB-939 fee to the City less any prescribed amounts owed to the County.
c. Calculate the fees owed by each Hauler based on the scale-house reports. d. Issue disposal-based reports to the City in compliance with PRC 41821.5ii. e. Administer the Recycling Market Development Zone; and f. Serve as staff to the Local Task Force on Solid Waste.

2. HHW Programs, including but not limited to:
a. Provide access to the permanent HHW Facility for the collection of e-waste, used oil, oil filters, paints, pesticides, batteries, sharps, medications, and other miscellaneous household chemicals from countywide residents.
b. Provide access to the permanent HHW Facility for the collection of hazardous waste generated by qualified and approved Conditionally Exempt Small Quantity Generators’ Countywide; and
c. Countywide public education and/or outreach.
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City Council, July 22, 2025
Regional Solid Waste Disposal Plan Memorandum of Understanding with Stanislaus County

AB-939i
PRC 41821.5ii
Under the MOU, the City has the following obligations:

1. The City shall pay its proportional share of the cost incurred by the County to provide a response to "countywide" or "regional" issues mandated by the Integrated Waste Management Act of 1989 (Pub. Resources Code,§§ 40000 et seq.; hereafter the "Act"), provided the City and the County agree in writing that the Act mandates such County response.

2. The City agrees to pay the County a total of $7,500 annually, for quarterly disposalbased reporting at the Fink Road Landfill. This amount will be withheld from the firstquarter reimbursement of the City’s AB-939 fee each fiscal year.

The term of this agreement shall be for ten years, ending on June 30, 2035. Either party may, by written notice no later than January 1, 2030, request the term be reevaluated.

FISCAL IMPACT:

Under the MOU, the City of Modesto is agreeing that 90% of the solid waste (garbage collected and compost residual) must be disposed of at Fink Road Landfill. The Total Disposal Rate for Fiscal Year 2025/2026 is $43.38 per ton.

Per Ton Rate
Tip Fee $39.14
Household Hazardous Waste Program Fee $2.45
AB-939 Program Fees $1.79
Total Disposal Rate $43.38
Total Disposal Rate to be adjusted annually, effective July 1 each year, by agreed upon CPI.

Consumer Price Index, Urban Wage Earners and Clerical Workers, All Items, West – Size Class B/C, (December 1996 = 100, not seasonally adjusted – Series ID CWURN400SA0). The annual adjustment shall not exceed five percent (5%) per annum without express written agreement from both parties.

The following table shows the annual cost of disposal; assuming 120,000 tons of waste will be disposed of at the landfill.

Annual Rate
Tip Fee $4,696,800
Household Hazardous Waste Program Fee $294,000
AB-939 Program Fees $214,800
Total Disposal Rate $5,205,600
The funding for this agreement will come from the Solid Waste, Compost Facility, Compost Improvement, and Measure H Blight Abatement Funds.

COMMITTEE RECOMMENDATION:

Due to urgent nature of the action needed, as noted above, this item was not presented to a Council Committee.
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City Council, July 22, 2025
Regional Solid Waste Disposal Plan Memorandum of Understanding with Stanislaus County

AB-939i
PRC 41821.5ii
RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Memorandum of Understanding with Stanislaus County for Regional Solid Waste Disposal at Fink Road Landfill, with the term ending on June 30, 2035, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Draft MOU
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07/22/2025/PW/BSandhu/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX

RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING

WITH STANISLAUS COUNTY FOR REGIONAL SOLID WASTE DISPOSAL AT FINK ROAD LANDFILL, WITH THE TERM ENDING ON JUNE 30, 2035,

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, Fink Road Landfill is owned and operated by Stanislaus County (County). The County’s solid waste management system includes the Fink Road Landfill and the Household Hazardous Waste (HHW) facility; and
WHEREAS, these facilities are part of the state mandates to provide disposal capacity, solid waste management planning, and waste diversion as required by the California Integrated Waste Management Act of 1989, Assembly Bill 939 (AB-939); and WHEREAS, in order to support each of these components of the County's solid waste management system, participation in the Fink Road Landfill is critical because tipping fees not only fund these current operations, they also fund the ongoing closure and corrective action activities associated with the Geer Road Landfill; and WHEREAS, on August 23, 1994, by Resolution No. 94-551 the County and the City entered into a Memorandum of Understanding (MOU) and on June 10, 1997, by Resolution No. 97-334, the City and the County executed Amendment No. 1 to the AB939 MOU; and WHEREAS, on June 23, 2015, by Resolution No. 2015-211 the City and the County executed Amendment No. 2 to the AB-939 MOU, extending the City’s obligation to pay their proportional share of the costs for disposal-based reporting services provided by the County pursuant to AB-939 indefinitely; and
WHEREAS, the City and County were partners in the Waste to Energy (WTE) #23..
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07/22/2025/PW/BSandhu/Item X 2 2025-XX
Facility and jointly set tip fees at the WTE Facility. On January 23, 1990, by Resolution No. 90-60, the City and the County Operated as a Joint Powers Authority; and WHEREAS, the service agreement with WTE was terminated on November 5, 2024, and the operations at the WTE Facility ceased on December 2, 2024, resulting in the need for the Fink Road Landfill to receive an increased portion of the countywide acceptable solid waste; and
WHEREAS, the term of this agreement shall be for ten years, ending on June 30, 2035. Either party may, by written notice no later than January 1, 2030, request the term be reevaluated; and
WHEREAS, the City, in cooperation with its solid waste franchise haulers, agrees to annually deliver to the Fink Road Landfill no less than the committed 90% of solid waste. Solid waste includes the garbage collected from the City’s residential, commercial, and industrial accounts and the Compost Facility residual waste; and WHEREAS, the MOU between the City and the County establishes the Total Disposal Rate per ton of solid waste received at the Fink Road Landfill. The Total Disposal Rate means the sum of the tip fee normally charged at the Fink Road Landfill, in addition to any applicable program fees for Household Hazardous Waste and AB-939 related programs; and
WHEREAS, the Total Disposal Rate for Fiscal Year 2025/2026 is $43.38 per ton.

Total Disposal Rate to be adjusted annually, effective July 1 each year, by agreed upon CPI. Consumer Price Index, Urban Wage Earners and Clerical Workers, All Items, West – Size Class B/C, (December 1996 = 100, not seasonally adjusted – Series ID CWURN400SA0). The annual adjustment shall not exceed five percent (5%) per annum #23..
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07/22/2025/PW/BSandhu/Item X 3 2025-XX
without express written agreement from both parties.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Memorandum of Understanding between the City of Modesto and Stanislaus County for regional solid waste disposal at Fink Road Landfill.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 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:

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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Solid Waste Delivery MOU City of Modesto

REGIONAL SOLID WASTE DISPOSAL PLAN MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF MODESTO AND STANISLAUS COUNTY
This Memorandum of Understanding (the "Agreement") is made and entered into by and between the County of Stanislaus, ("County") and the City of Modesto ("City") on _________, 2025. City and County may herein be referred to individually as a "Party" and collectively as the "Parties". There are no other Parties to this Agreement.

RECITALS
WHEREAS, under the California Integrated Waste Management Act of 1989 (the “Act”; Pub Resources Code § 4000 et seq.), each of the Parties is required to develop plans and implement programs for solid waste disposal and diversion within their respective jurisdictions; WHEREAS, on or about August 26, 1994, the County and the City entered into an MOU to provide for payment of the City's proportional share of the costs for services provided by the County pursuant to AB-939; WHEREAS, on or about April 30, 1997, the City and the County executed Amendment No. 1 to the AB939 MOU, establishing the City’s obligation to pay their proportional share of the costs for disposal-based reporting services provided by the County pursuant to AB-939; WHEREAS, on or about June 23, 2015, the City and the County executed Amendment No. 2 to the AB939 MOU, extending the City’s obligation to pay their proportional share of the costs for disposal-based reporting services provided by the County pursuant to AB-939 indefinitely; WHEREAS, revenues to fund the AB-939 and Household Hazardous Waste services provided by the County are proposed to be derived, in part, from tipping fees collected from the Fink Road Landfill; WHEREAS, the Countywide Siting Element, Summary Plan, and the City of Modesto's Source Reduction and Recycling Element identify waste disposal capacity which is located in the unincorporated area of the County as the method of meeting the state's 15-year minimum disposal capacity requirement; WHEREAS, on December 2, 2024, the Waste-to-Energy Facility ceased operations, resulting in the need for the Fink Road Landfill to receive an increased portion of the countywide acceptable solid waste.

WHEREAS, the purpose of this Agreement is to enable the continued operation of the Fink Road Landfill (hereinafter referred to as "Landfill") by ensuring the delivery of sufficient solid waste to the facility to maintaintheir economic viability, and toprovide the City with AB 939 and Household Hazardous Waste services; WHEREAS, this Agreement and the exhibits incorporated herein, includes a ten (10) year commitment from the City to guarantee the delivery of a portion of their solid waste to the Landfill; and NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the Parties hereby agree as follows:

AGREEMENT

1. Incorporation by Reference. The foregoing Recitals are hereby incorporated into and made a part of this Agreement by this reference. Schedule 1 is attached hereto and incorporated herein by this reference and made fully a part of this Agreement.

2. Term. The term of this Agreement ("Term") shall begin on July 01, 2025 (the "Effective Date") and end June 30, 2035 (the "Termination Date"). In the fifth (5th) year of this Agreement, either Party may initiate a #23..
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Solid Waste Delivery MOU City of Modesto
reevaluation of the tip fee and/or program fees associated with this Agreement, by providing written notice to the other Party no later than January 1, 2030. Upon such notice, the Parties agree to meet and confer in good faith to amend or renegotiate this Agreement for the purpose of adjusting the Total Disposal Rate based on actual and anticipated future costs.

Term Extension and Termination: If mutually agreed upon by both Parties, this Agreement may be extended up for an additional period of five (5) years. Either Party may opt not to renew by providing written notice of nonrenewal to the other Party no later than ninety (90) days prior to the Agreement’s termination date.

Additionally, either Party may terminate this Agreement by providing 180 days prior written notice to the other Party.

3. City's Guaranteed Delivery of Solid Waste to Fink Road Landfill. a. The City, in cooperation with its franchise haulers, agree to annually deliver to the Fink Road Landfill no less than the committed percentage of their Acceptable Solid Waste, as set forth in Schedule 1. b. "Acceptable Solid Waste" means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191. Acceptable Solid Waste possess the general characteristics of waste collected and disposed of as part of the normal solid waste collection services in the contracting City. This includes, but is not limited to: all putrescible and nonputrescible solid and semisolid wastes, such as garbage, trash, refuse, rubbish, ashes, industrial wastes, demolition, and construction wastes.

For the purposes of this Agreement, Acceptable Solid Waste expressly excludes hazardous waste, radioactive waste, medical waste, appliances, tires, sewage sludge, recyclable materials, organic materials, and any other materials requiring separate handling or disposal under State law. c. The County agrees to accept compost overs—defined as residual materials screened from composting operations, including but not limited to woody or inert organic materials—generated by the City-owned compost facility. Such materials shall be accepted at the Total Disposal Rate as defined in this Agreement. All deliveries of compost overs to the Fink Road Landfill shall be scheduled in advance and coordinated with designated landfill staff prior to delivery.

4. Tipping Fees.
a. Payment Obligation: For the Term of this Agreement, the City and its franchise haulers shall be responsible for the payment of the Total Disposal Rate as set forth in Schedule 1. b. “Total Disposal Rate” means the sum of the tip fee normally charged at the Fink Road Landfill, in addition to any applicable program fees for Household Hazardous Waste and AB 939 related programs.

Tip fee + Household Hazardous Waste fee + AB 939 fee = Total Disposal Rate c. Base Year Rates. The following rates shall apply to all tons of Acceptable Solid Waste delivered to the Fink Road Landfill during the base year of this Agreement. i. Tip Fee: $39.14 per ton.
ii. Household Hazardous Waste Program Fee: $2.45 per ton. iii. AB-939 Program Fees: $1.79 per ton.
d. Annual Adjustment of Total Disposal Rate. The Total Disposal Rate will be adjusted annually, effective July 1 of each year, to reflect the average annual percentage change in the “Consumer Price Index, Urban Wage Earners and Clerical Workers, All Items, West – Size Class B/C, (December 1996 = 100, not seasonally adjusted – Series ID CWURN400SA0)”, as published by the Bureau of Labor Statistics.

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Solid Waste Delivery MOU City of Modesto
year immediately preceding the adjustment date. The rate may be adjusted upward or downward accordingly.
e. Annual Adjustment Cap. Notwithstanding the foregoing, any annual adjust to the Total Disposal Rate shall not exceed five percent (5%) per annum without express written agreement from both Parties. f. At least sixty (60) days prior to July 1 of each year, the County shall provide written notice to the City of the CPI-based adjustment to the Total Disposal Rate to take effect on July 1, along with the corresponding calculations supporting the adjustment.

5. County’s Obligations. The County agrees to provide and maintain the following programs and services for the City:
a. AB-939 Programs:
i. Collect the AB-939 fee on behalf of the City on all tons of City-franchised Acceptable Solid Waste delivered to the Landfill by the City or its franchise haulers; ii. Issue quarterly disbursements of the AB-939 fee to the City less any prescribed amounts owed to the County;
iii. Calculate the fees owed by each Hauler based on the scale-house reports; iv. Issue disposal-based reports to the City in compliance with PRC 41821.5; v. Administer the Recycling Market Development Zone; and vi. Serve as staff to the Local Task Force on Solid Waste; b. Household Hazardous Waste (HHW) Programs, including but not limited to:
i. Provide access to the permanent Household Hazardous Waste Facility for the collection of e-waste, used oil, oil filters, paints, pesticides, batteries, sharps, medications, and other miscellaneous household chemicals from Countywide residents;
ii. Provide access to the permanent Household Hazardous Waste Facility for the collection of hazardous waste generated by qualified and approved Conditionally Exempt Small Quantity Generators’ Countywide; and
iii. Countywide public education and/or outreach.

6. City’s Obligations.
a. The City shall pay its proportional share of the cost incurred by the County to provide a response to "countywide" or "regional" issues mandated by the Integrated Waste Management Act of 1989 (Pub.

Resources Code,§§ 40000 et seq.; hereafter the "Act"), provided the City and the County agree in writing that the Act mandates such County response;
b. The City agrees to pay the County a total of $7,500 annually, for quarterly disposal-based reporting at the Fink Road Landfill. This amount will be withheld from the first-quarter reimbursement of the City’s AB-939 fee each fiscal year.

7. Default.
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a. Cure. In the event that either Party fails to perform any obligation pursuant to the terms and conditions of this Agreement, the non-breaching Party shall provide the breaching Party with written notice specifying the nature of the non-performance. The breaching Party shall have thirty (30) days from the date of such notice to cure the non-performance. If the breach is not cured within that period, the nonbreaching Party may pursue any and all legal or equitable remedies available under this Agreement and applicable law.
b. Failure to give Notice. Failure to give, or delay in giving, Notice of Default shall not constitute a waiver of any obligation, requirement, or covenant required to be performed hereunder. Except as otherwise expressly provided in this Agreement, any failure or delay by either Party in asserting any rights and remedies as to any breach shall not operate as a waiver of any breach or of any such rights or remedies.

Delay by either Party in asserting any of its rights and remedies shall not deprive such Party of the right to institute and maintain any action or proceeding which it may deem appropriate to protect, assert or enforce any such rights or remedies.
c. Waiver of Default. Waiver of any default by either Party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

8. Attorney Fees. In the event that a Party commences litigation to enforce the performance of this Agreement, the prevailing Party shall be entitled to recover its reasonable costs of litigation, including court costs, expert witness fees, and reasonable attorney’s fees.

9. Severability. In the event that any provision of this Agreement or application thereof is found to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction of if found in contravention of any federal, state, or county statute, ordinance, or regulation, the remaining provisions shall remain in full force and effect. The Parties agree to negotiate in good faith amend, modify, or supplement this Agreement or take such other appropriate actions as necessary to reflect their original intent as closely as possible and to ensure the continued enforceability of the Agreement to the fullest extent permitted by law.

10. Necessary Acts. The Parties hereby authorize their respective officers and employees to do all things reasonably necessary to accomplish the purposes of this Agreement.

11. Independent Parties. At all times during the term of this Agreement, City and County shall be an independent parties. Except as the Parties may specify in writing, neither Party shall have the authority, express or implied, to act on behalf of the other Party in any capacity whatsoever as an agent. Neither Party shall have no authority, express or implied, pursuant to this Agreement to bind the other Party to any obligation whatsoever.

12. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between any of the Parties herein with respect to the subject matter hereof and contains all the agreements between the parties with respect to such matter. Each Party acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

13. Amendment. This Agreement may be modified, amended, or otherwise changed only by the mutual written consent of the Parties. Any such modification must be in writing, executed by both the City and the County with the same formalities as this Agreement, and attached hereto to maintain continuity. No oral agreement #23..
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or directive, whether from or between either Party or their representatives, shall operate to amend or alter the terms of this Agreement.

14. Duplicate Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart, executed telecopy, fax or photocopy shall be deemed to be an original instrument, but all of which together shall constitute one and the same Agreement.

15. Legal Requirements. The Parties shall comply with all applicable federal, state, and local laws, ordinances, regulations, and requirements in the performance of their respective obligations in performance under this Agreement.

16. Force Majeure. Except as otherwise expressly provided in this Agreement, if the performance of any act required to be performed by either County or City is prevented or delayed or made impracticable by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, Change in Law or regulations, or any other cause (except financial inability) not the fault of the Party required to perform the act, the time for performance of the act will either be extended for a period equivalent to the period of delay or performance of the act may be excused.
a. “Change in Law’’ as used herein means the enactment, promulgation, amendment or official interpretation or reinterpretation by any order, decision or judgment of any federal, state or local court, administrative agency or governmental body after the Effective Date of (i) any federal statute or regulation not enacted, promulgated, amended, interpreted or reinterpreted on or before the Effective Date, as applicable, or (ii) any state, County or City statute, ordinance, or regulation that was not so enacted, promulgated, amended, interpreted or reinterpreted on or before the Effective Date, as applicable, or establishes requirements making the ownership, operation or maintenance of the Landfill more burdensome than the most stringent requirements (iii) in effect as of the Effective Date, (iv) agreed to in any applications of the County for official permits, licenses, or approvals, or (v) contained in any official permits, licenses, or approvals with respect to the Landfill obtained as of the Effective Date; provided that a lawful change in federal, State, County, City, or any other tax law shall not be a Change in Law.
b. In the event of a change in federal, state, or local law, regulation, or regulatory interpretation that materially affects operations of the Fink Road Landfill, the Parties agree to meet and confer in good faith to amend or renegotiate this Agreement as necessary to effectuate the original intent and purpose of this Agreement, as stated above.
c. If there is a Change in Law that materially affects the requirements for the City regarding the reuse, recycling, composting or any other form of diversion of solid waste from disposal, including, but not limited to an increase in the percentage of solid waste required to be diverted, as well as changes to applicable diversion credits, the Parties hereto agree to act in good faith to amend or renegotiate this Agreement.
d. The Party whose performance under this Agreement is materially affected by a Change in Law pursuant to this Section shall provide written notice to the other Party within thirty (30) calendar days of becoming aware of the conditions impacting performance. Such notice shall describe the nature of the Change in Law and the manner in which it materially affects the Party’s ability to perform under this Agreement.

Upon receiving notice pursuant to this Section, the Parties will have one hundred eighty (180) days to renegotiate this Agreement. If the Parties do not agree that a Change in Law materially affects performance of this Agreement pursuant to this Section, then either Party may request binding mediation, to be paid equally by both Parties, to determine whether the Change in Law is material.

Either Party may terminate the Agreement upon three ( 3 ) days written notice if it is determined that a material Change in Law has occurred, and the Parties do not renegotiate the Agreement within one hundred eighty (180) days.
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17. Venue. The laws of the State of California shall apply to the construction and enforcement of this Agreement. Any action at law, suit in equity, or judicial proceedings for the enforcement of this Agreement or any provision hereto shall be in the Superior Court of Stanislaus County.

18. Notices. All notices permitted or required by this Agreement or by law to be served on or given to either Party hereto by the other Party, shall be in writing and shall be effective when personally delivered to the Party to whom it is directed, or in lieu of personal service, when deposited in the United States mail addressed as follows, or any other address designated by the Party:

To: County of Stanislaus:

Department of Environmental Resources
3800 Cornucopia Way, Suite C
Modesto, CA 95358
Attn:

To: City of Modesto:

Joe Lopez, City Manager
City Manager’s Office
XXXXXX Street
XXXXXX, CA 953XX

19. Indemnification.
a. County shall indemnify, defend and hold harmless the City, their officers, board members, employees and agents, from any and all claims, damages, losses, liabilities, judgments, expenses, and costs arising out of, or resulting from the negligent acts, omissions, or willful misconduct of the County arising out of its performance of the programs and services described in paragraph 5 of this Agreement. above. b. City shall indemnify, defend and hold harmless the County, its officers, board members, employees and agents, from any and all claims, damages, losses, liabilities, judgments, expenses, and costs arising out of, or resulting from the negligent acts, omissions, or willful misconduct of the City arising out of and/or relating to their performance under this Agreement.

20. Insurance. The Parties shall maintain their own liability insurance coverage, against any claim of civil liability arising out of the performance of this MOU, and provide appropriate evidence of such coverage of the other Party upon request.

21. Construction. Headings or captions to the provisions of this Agreement are solely for the convenience of the Parties, are not part of this Agreement, and shall not be used to interpret or determine the validity of this Agreement. Any ambiguity in this Agreement shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if both Parties had in fact drafted this Agreement.

22. Authorized Signature. The individual signing this Agreement (“Signatory”) represents and warrants that he or she is duly authorized and has legal capacity to execute this Agreement. Signatory represents and warrants that the execution and delivery of the Agreement and the performance of Consultant’s obligations hereunder has been duly authorized, and that the Agreement is a valid and legal agreement binding on Consultant and enforceable in accordance with its terms.

23. Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, #23..
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each of which shall be deemed to be an original, and all of which shall constitute but one and the same instrument. Each Party agrees that this Agreement and any other documents to be delivered in connection herewith may be digitally or electronically signed, and that any digital or electronic signatures (including PDF or facsimile) appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. #23..
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Solid Waste Delivery MOU City of Modesto
IN WITNESS WHEREOF, the Parties or their duly authorized representatives have executed this Agreement on the day and year first hereinabove written.

COUNTY OF STANISLAUS
By:______________________________________
Matthew W. Condit
Chairman
Date Signed:_____________

CITY OF MODESTO
By:
______________________________________
Joseph P. Lopez
City Manager
Date Signed:_______________
ATTEST:

Elizabeth King,
Clerk of the Board of Supervisors
Of the County of Stanislaus, State of California
By: ______________________________________
Title
ATTEST:

Diane Nayares-Perez
City Clerk
City of Modesto
By:
______________________________________
City Clerk

APPROVED AS TO CONTENT
Department of Environmental Resources
By: ______________________________________
Robert Kostlivy
Director

APPROVED AS TO CONTENT
Public Works Department
By:
______________________________________
Bill Sandhu, Director of Public Works

APPROVED AS TO FORM
Thomas E. Boze, County Counsel
By: ______________________________________
Name
Deputy County Counsel

APPROVED AS TO FORM
Jose M. Sanchez, City Attorney
By:
______________________________________
Jose M. Sanchez, City Attorney
#23..
- 1390 -
Solid Waste Delivery MOU - Schedule 1 City of Modesto
SCHEDULE 1

SOLID WASTE TONNAGE GUARANTEE

CITY GUARANTEED PERCENTAGE
1 MODESTO 90%
TOTAL DISPOSAL RATES (per ton) 2

FISCAL YEAR FINK ROAD LANDFILL
2025/2026 $43.38
(1) Percentageoftotal Acceptable Solid Wasteunder the
City's jurisdictional authority.
(2) Total Disposal Rate to be adjusted annually, effective July 1 each year, by agreed upon CPI. Consumer Price
Index, Urban Wage Earners and Clerical Workers, All Items, West – Size Class B/C, (December 1996 = 100, not
seasonally adjusted – Series ID CWURN400SA0)
#23..
- 1391 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 22, 2025
Date: May 28, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Sole Source Procurement of a Caterpillar Replacement Engine CONTACT: Patrick Crowley, Senior Public Works Manager, [email protected], 209-342-2274
DESCRIPTION:

Consider approving the Sole Source Procurement of a Caterpillar C27 Tier 4 Engine, or equivalent engine meeting Air Board regulations, to Holt of California, Sacramento, CA for an amount not to exceed $271,720. (Funding Source: Compost Operations Fund).

STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City of Modesto Strategic Plan Initiative:

Quality of Life; Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts;” Strategy 6, divert waste from the landfill.

BACKGROUND:

On August 21, 2003, the Air Board initially adopted Rule 4702 – Internal Combustion Engines, which required different engine certification upgrades for internal combustion engines by certain due dates. There have been many amendments to different sections of Rule 4702 over the years which include: June 16, 2005, April 20, 2006, January 18, 2007, August 18, 2011, November 14, 2013, and August 19, 2021.

On April 24, 2007, by Resolution 2007-250, Council approved the sole source purchase, directly from the manufacturer of a Diamond DZH 5000 Horizontal Wood Grinder equipped with a 1050 horsepower Caterpillar C27 Tier 2 diesel powered engine, for a total cost of $602,779, to enable the Compost Facility to grind and process approximately 80,000 tons of green waste, wood waste, and food waste annually from our residential, commercial, and forestry/green waste programs. The grinder’s engine and usage are permitted and regulated through the San Joaquin Valley Air Pollution Control District (SJVAPCD). #24..
- 1392 -
City Council, July 22, 2025
Sole Source Procurement of a Caterpillar Replacement Engine

On September 4, 2018, by Resolution 2018-367, Council approved the replacement of the original engine to meet air quality regulations for a total cost of $288,543. This action authorized the replacement of the engine with a Caterpillar manufactured engine meeting California’s Tier 4 air quality regulations.

DISCUSSION:

On January 16, 2025, the Fleet Services Division mobile mechanic received notification the grinder shut down during operations. Upon evaluating the grinder, it was determined a major coolant leak and hydraulic leak originating through the crank-side hydraulic pump occurred.

The engine was excessively hot and showed visual evidence of damaged components, melted sensors and discoloration of engine components. The engine failed to restart, and it was determined further analysis was required. Subsequently all drive components, hoses, and belts were disconnected, and the engine has been verified by staff as seized and no longer salvageable. Staff also requested support from the Cummins Engine local distributor, Holt of California, to examine the engine for recommendations based on engine malfunction.

Upon investigation by Holt, they confirmed the in-house mechanic’s analysis that the unit had a catastrophic failure of the cooling system that seized the engine. This was verified through the on-board engine computer that logged a sudden overheat event which appears to be from a sudden loss of coolant, and severe signs of extreme heat around the radiator, engine block and cylinder heads. The warranty for this engine expired in July of 2024. Further, this engine will save countless hours of fabrication time to make another engine that was not specifically designed for this application.

The recommendation from staff and the manufacturer is to purchase a “long block” replacement engine, that meets air quality regulations and exchange the engine in the grinder with a replacement engine to restore grinder operations. This would include a 5-year warranty as well as enhanced safety features to warn operators of operating parameters exceeding limits, established through the computer controls. The manufacturer working with the City has offered a ten percent discount in costs due to the relationship between the dealership and the City.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, MMC Section 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Here, Holt of California is the original equipment manufacturer (OEM) only authorized dealer for Caterpillar machines, parts, and service within our territory. Therefore, staff recommends the purchase of the replacement engine, installation, and start-up for the Compost Grinder of this Agreement to Holt of California should be exempt from the formal bidding procedures in accordance with MMC section 8-3.204(b) since Holt of California is the OEM Sole Provider of the replacement engine and replacement parts.

FISCAL IMPACT:

Expenses associated with this Caterpillar C27 Tier 4 Engine diesel powered engine, or equivalent engine, meeting Air Board regulations, have been allocated in the Compost Operations Fund, 4896-56035-57004. Staff is also asking for an additional 15% contingency for unforeseen expenses.
#24..
- 1393 -
City Council, July 22, 2025
Sole Source Procurement of a Caterpillar Replacement Engine

ANTICIPATED EXPENDITURES:

Procurement with HOLT of California $219,220
Estimated Taxes $19,500
15% Contingency $33,000
TOTAL ANTICIPATED EXPENDITURES $271,720
COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on June 2, 2025, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Sole Source Procurement of a Caterpillar C27 Tier 4 Engine, or equivalent engine meeting Air Board regulations, to Holt of California, Sacramento, CA for an amount not to exceed $271,720 including a 15% contingency for the repower of the Compost Diamond Z DZH5000 Horizontal, and authorizing the Director of Finance, or her designee, to issue the Purchase Order.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Exhibit A – Quotation

3. Exhibit B – Sole Source Letter
#24..
- 1394 -
1 2025-

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING THE SOLE SOURCE PROCUREMENT OF A
CATERPILLAR C27 TIER 4 ENGINE, OR EQUIVALENT ENGINE MEETING

AIR BOARD REGULATIONS, TO HOLT OF CALIFORNIA, SACRAMENTO, CA FOR AN AMOUNT NOT TO EXCEED $271,720 INCLUDING A 15%

CONTINGENCY FOR THE REPOWER OF THE COMPOST DIAMOND Z
DZH5000 HORIZONTAL, AND AUTHORIZING THE DIRECTOR OF

FINANCE, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER
WHEREAS, on August 21, 2003, the Air Board initially adopted Rule 4702 – Internal Combustion Engines, which required different engine certification upgrades for internal combustion engines by certain due dates; and
WHEREAS, on April 24, 2007, by Resolution 2007-250, Council approved the sole source purchase, directly from the manufacturer of a Diamond DZH 5000 Horizontal Wood Grinder equipped with a 1050 horsepower Caterpillar C27 Tier 2 diesel powered engine, for a total cost of $602,779, to enable the Compost Facility to grind and process approximately 80,000 tons of green waste, wood waste, and food waste annually from our residential, commercial, and forestry/green waste programs. The grinder’s engine and usage are permitted and regulated through the San Joaquin Valley Air Pollution Control District (SJVAPCD); and
WHEREAS, on September 4, 2018, by Resolution 2018-367, Council approved the replacement of the original engine to meet air quality regulations for a total cost of $288,543. This action authorized the replacement of the engine with a Caterpillar manufactured engine meeting California’s Tier 4 air quality regulations; and WHEREAS, on January 16, 2025, the Fleet Services Division mobile mechanic received notification the grinder shut down during operations. Upon evaluating the grinder, it was determined a major coolant leak and hydraulic leak originating through the #24..
- 1395 -
2 2025-
crank-side hydraulic pump occurred. The engine was excessively hot and showed visual evidence of damaged components, melted sensors and discoloration of engine components. The engine failed to restart, and it was determined further analysis was required. Subsequently all drive components, hoses, and belts were disconnected, and the engine has been verified by staff as seized and no longer salvageable. Staff also requested support from the Cummins Engine local distributor, Holt of California, to examine the engine for recommendations based on engine malfunction; and WHEREAS, staff and the manufacturer are to purchase a “long block” replacement engine, that meets air quality regulations and exchange the engine in the grinder with a replacement engine to restore grinder operations. This would include a 5- year warranty as well as enhanced safety features to warn operators of operating parameters exceeding limits, established through the computer controls. The manufacturer working with the City has offered a ten percent discount in costs due to the relationship between the dealership and the City; and
WHEREAS, Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, MMC Section 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process. Here, Holt of California is the original equipment manufacturer (OEM) only authorized dealer for Caterpillar machines, parts, and service within our territory. Therefore, Staff recommends the purchase of the replacement engine, installation, and start-up for the Compost Grinder of this Agreement to Holt of California should be exempt from the #24..
- 1396 -
3 2025-
formal bidding procedures in accordance with MMC section 8-3.204(b) since Holt of California is the OEM Sole Provider of the replacement engine and replacement parts; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Sole Source Procurement of a Caterpillar C27 Tier 4 Engine, or equivalent engine meeting Air Board regulations, to Holt of California, Sacramento, CA for an amount not to exceed $271,720 including a 15% contingency for the repower of the Compost Diamond Z DZH5000 Horizontal.

BE IT FURTHER RESOLVED that the Director of Finance, or her designee, is hereby authorized to issue the Purchase Order.
#24..
- 1397 -
4 2025-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July 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:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ____________________________________
JOSE M SANCHEZ, City Attorney
#24..
- 1398 -
CITY OF MODESTO ATTN ACCOUNTS PAYABLE 172203 - 1 Page 1 Quote No: 172203 - 1

CITY OF MODESTO ATTN ACCOUNTS PAYABLE
ATTN ACCOUNTS PAYABLE PO BOX 642

MODESTO CA
CUSTOMER NO. QUOTE NO. DATE CONTACT
001125 172203 4/15/2025 BRYAN WECKIEWICZ
PHONE NO. FAX NO. EMAIL
209-524-6686
MODEL MAKE SERIAL NO.

C27IND4FG CATERPILLAR 0AT400528
UNIT NO. HOURS WO NO. P.O. NO.

SEGMENT: 01 SUPPLY PARTS ENGINE
QUOTE TO SUPPLY REPLACEMENT ENGINE C27 TIER 4
1050HP

SUPPLY NEW ENGINE WITH EMISSIONS PACKAGE FROM
ANOTHER DEALER INVENTORY. AVAILABILITY IN STOCK AS
OF 4/9. PO NEEDED TO SECURE ENGINE
Parts
Total Time and Material Parts: 0.00
Labor
Total Time and Material Labor: 0.00
Labor Summary
Misc
Description Qty Unit Price Ext Price
OUTSIDE PARTS 1 185,500.00 185,500.00
HAULING FROM SELLING DEALER 1 1,500.00 1,500.00
Total Time and Material Misc: 187,000.00
Segment 01 Total: 187,000.00
#24..
- 1399 -
CITY OF MODESTO ATTN ACCOUNTS PAYABLE 172203 - 1 Page 2 SEGMENT: 02 REMOVE & INSTALL ENGINE
QUOTE TO REMOVE AND INSTALL DAMAGED C27 ENGINE

PACKAGE
-TRAVEL TO CUSTOMER SITE
-DRAIN FLUIDS
-REMOVE ENGINE FROM GRINDER
-INSPECT AND PREPARE FOR NEW ENGINE
-INSTALL NEW ENGINE
-TEST OPERATION
2 TECHS ONE 8 HOUR DAY TO REMOVE
2 TECHS TWO 8 HOUR DAYS TO INSTALL AND TEST
*DISCUSS WITH CUSTOMER OPTIONS OR NEEDS FOR REMOTE
MONITORING. COST TO BE QUOTED SEPARETLY
Parts
Total Time and Material Parts: 0.00
Labor
Description Qty Unit Price Ext Price
AGC FIELD LABOR 48.00 231.00 11,088.00
REV TRL LABOR 12.00 313.50 3,762.00
Total Time and Material Labor: 14,850.00
Labor Summary
Misc
Description Qty Unit Price Ext Price
MILEAGE 720 0.00 2,520.00
Total Time and Material Misc: 2,520.00
Segment 02 Total: 17,370.00
SEGMENT: 03 REPAIR RADIATOR

ESTIMATE FOR RADIATOR REPAIR
-CAP RADIATOR HOSES AND PRESSURIZE TO DETERMINE

WHERE LEAK IS
-REMOVE RADIATOR FOR REPAIR
**RADIATOR REPAIR COST TO BE DETEREMINED AFTER

INSPECTION AND QUOTE FROM VENDER AND SUPPLIED

ADDITIONALY
-REINSTALL RADIATOR AFTER CLEANING AND REPAIR
*ANY PARTS, HOSES, CLAMPS ECT NEEDED WILL BE

QUOTED WITH REPAIR OF RADIATOR
#24..
- 1400 -
CITY OF MODESTO ATTN ACCOUNTS PAYABLE 172203 - 1 Page 3 Parts
Total Time and Material Parts: 0.00
Labor
Description Qty Unit Price Ext Price
AGC FIELD LABOR 16.00 231.00 3,696.00
REV TRL LABOR 4.00 313.50 1,254.00
AGC FIELD LABOR 32.00 231.00 7,392.00
REV TRL LABOR 8.00 313.50 2,508.00
Total Time and Material Labor: 14,850.00
Labor Summary
Misc
Total Time and Material Misc: 0.00
Segment 03 Total: 14,850.00
Total Segments: 219,220.00
SUB TOTAL (BEFORE TAXES) 219,220.00
TOTAL ESTIMATE 219,220.00
#24..
- 1401 -
CITY OF MODESTO ATTN ACCOUNTS PAYABLE 172203 - 1 Page 4 PO#: ______________ Authorized Name: ______________________________ (signature) Date: ______________ ______________________________ (print) Thank you for this opportunity to serve your company
CONTACT INFORMATION:

Prepared by: Jason Durigan Phone: 916-417-8428 Email: [email protected] Fax:
-This estimate will expire 30 days from the estimate date. -Price excludes Freight Charges, Operating Supplies/EPA Fees and Overtime. -Terms: Net 10th Prox.
-Sales Taxes where applicable are not included with the above prices.

Terms and Conditions
Prices quoted are good for 90 days from the estimate date. Pricing includes the specific service listed and excludes freight, handling charges, applicable taxes, overtime, field service labor or additional services unless otherwise noted. All quotes are subject to credit approval.

Holt of California ("Holt") warrants its service labor for 12 months, 1,000 hours or 50,000 miles whichever occurs first from the date of last labor. The warranty does not apply if, in the opinion of Holt, the maintenance or operation is not reasonable and proper. Holt shall not be responsible for the removal or installation of any component installed by anyone other than Holt. All labor shall be provided during Holt 's normal working hours and any travel time, transportation or overtime shall be charged to the customer. In no event shall Holt be responsible, nor should the customer be entitled to any damages for loss of use of the equipment, productivity or any other consequential damages.
#24..
- 1402 -
Power Systems
3850 Channel Drive West Sacramento, CA 95691-3443 or PO Box X Sacramento, CA 95813 April 15, 2025
To Whom It May Concern:

This letter is to confirm that Holt of California is the only authorized dealer for Caterpillar machines, parts, and service within our territory. We have service locations at these California cities: Los Banos, Pleasant Grove, Stockton, West Sacramento, Williams, Yuba City.

As an authorized Caterpillar distributor, Holt of California maintains an inventory of replacement parts and a staff of factory-trained technicians to provide services and support to users of Caterpillar products.

Although, on occasion, other parts suppliers attempt to represent themselves as genuine Caterpillar parts suppliers, please know that genuine Caterpillar parts are sold exclusively through authorized Caterpillar dealers and distributors.

If you have any questions or concerns, please feel free to contact me.

Best regards,
Holt Power Systems 24-Hour Call Plan
Main Number 24 Hours – 7 Days a Week
(916) 373-4155
If your power systems equipment or any associated support systems malfunctions outside of normal working hours please call 916-373-4155.

Holt of Ca response time is 2-4 hours
Jason Durigan
(916) 417-8428
Fax (916) 373-4177
3850 Channel Dr.

West Sacramento, Ca. 95691
E-mail [email protected]
#24..
- 1403 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 22, 2025
Date: June 24, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Salida Community Plan
Water Supply Assessment and Water System Evaluation
CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider approving an Engineering Services Agreement with West Yost Associates, of Davis, CA for the Salida Community Plan Water Supply Assessment and Water System Evaluation in a total amount not to exceed $102,410 and entering into a Memorandum of Understanding with Stanislaus County. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Salida water service area was acquired from Del Este Water Company in 1995 as part of the overall acquisition of Del Este’s water system, where the City now operates and maintains eight potable water wells.

The Salida Community Plan (SCP) includes planning and guidance for the development of approximately 4,600 acres of land in the Salida area, which includes the existing community of Salida (Existing Plan Area), as well as approximately 3,380 acres of planned future development (Amendment Area). Salida is currently the largest unincorporated community in Stanislaus County, with a population of approximately 14,500.

DISCUSSION:

Stanislaus County (County) has initiated the preparation of a Programmatic Environmental Impact Report (PEIR) per the requirements of the California Environmental Quality Act (CEQA) and California Water Code guidelines to analyze the potential impact of the SCP on the sufficiency of water supplies, among other considerations.
#25..
- 1404 -
City Council, July 22, 2025
Salida Community Plan
Water Supply Assessment and Water System Evaluation

The County has formally requested that the City, as the most appropriate water purveyor for the SCP Amendment Area, evaluate its capacity to service the SCP Amendment Area in collaboration with their PEIR Consultant and their associated Subconsultants. At the County’s direction, West Yost Associates (West Yost), a member of their PEIR Consultant team, provided Staff with a scope of work for the Water Supply Assessment and Water System Evaluation.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures.

However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”.

Here, West Yost is uniquely qualified to perform this task in that they house and oversee the City’s hydraulic model; A digital replica of the City’s water system infrastructure that Staff utilizes through the professional services provided by West Yost to run simulations to predict potential issues and evaluate proposed solutions system wide. Because of West Yost’s significant knowledge of the City’s water system, retaining another firm would result in increased costs as a new consultant would require time to familiarize itself with the City’s water system.

As the County has agreed to cover the Consultant and Staff time costs associated with the preparation of the Water Supply Assessment and Water System Evaluation, the City and County will enter into a Memorandum of Understanding (MOU) to stipulate the roles and responsibilities of each party along with the agreed upon reimbursement requirements and limits.

FISCAL IMPACT:

Expenses associated with this effort will be housed in the following Non-Capital Project:
101666 - Salida Water Supply Assessment
Anticipated Project Expenditures
Engineering Services Agreement $93,100
10% Additional Services, if Needed $9,310
Engineering / Administration / Design – City Staff $10,000 Total $112,410
Per the terms of the MOU, the County will reimburse the City for Consultant costs and associated Staff time up to $112,410 as detailed above.

A budget adjustment in the amount of $112,410 will be necessary from Water Fund Reserves to fund this Project.

COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee at the meeting held on June 23, 2025, where it was recommended that it be forwarded to Council.
#25..
- 1405 -
City Council, July 22, 2025
Salida Community Plan
Water Supply Assessment and Water System Evaluation

CEQA/NEPA REQUIREMENTS:

The California Environmental Quality Act requires that State and local agencies disclose and evaluate the significant environmental impacts of proposed projects and adopt all feasible mitigation measures to reduce or eliminate those impacts.

The Salida Community Plan Programmatic Environmental Impact Report will assist agencies and developers in identifying and understanding potential environmental issues early in the planning process, allowing for mitigation strategies to be developed and implemented. The report will focus on a broad set of related projects and their cumulative impact, as opposed to focusing on a single specific project.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Engineering Services Agreement with West Yost Associates, of Davis, CA for the Salida Community Plan Water Supply Assessment and Water System Evaluation in the amount of $93,100, plus $9,310 in additional services, if needed, for a total Agreement amount not to exceed $102,410 and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution approving entering into a Memorandum of Understanding with Stanislaus County regarding reimbursement of costs related to the Salida Community Plan Water Supply Assessment and Water System Evaluation and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution approving an amendment to the Fiscal Year 2025-26 Multi-Year Program Budget in the amount of $112,410 from Water Fund Reserves to fund the Salida Community Plan Water Supply Assessment and Water System Evaluation and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

Approved by:

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

1. Resolutions (3)

2. West Yost - Engineering Services Agreement and Exhibits

3. West Yost - Bid Waiver

4. Stanislaus County
Memorandum of Understanding
Salida Community Plan Water Supply Assessment and Water System #25..
- 1406 -
07/22/2025/Utilities/JAlves/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING AN ENGINEERING SERVICES AGREEMENT

WITH WEST YOST ASSOCIATES, OF DAVIS, CA FOR THE SALIDA

COMMUNITY PLAN WATER SUPPLY ASSESSMENT AND WATER SYSTEM EVALUATION IN THE AMOUNT OF $93,100, PLUS $9,310 IN ADDITIONAL

SERVICES, IF NEEDED, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $102,410 AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Salida water service area was acquired from Del Este Water Company in 1995 as part of the overall acquisition of Del Este’s water system, where the City now operates and maintains eight potable water wells; and WHEREAS, the Salida Community Plan (SCP) includes planning and guidance for the development of approximately 4,600 acres of land in the Salida area, which includes the existing community of Salida (Existing Plan Area), as well as approximately 3,380 acres of planned future development (Amendment Area); and WHEREAS, Stanislaus County (County) has initiated the preparation of a Programmatic Environmental Impact Report (PEIR) per the requirements of the California Environmental Quality Act (CEQA) and California Water Code guidelines to analyze the potential impact of the SCP on the sufficiency of water supplies, among other considerations; and
WHEREAS, the County has formally requested that the City, as the most appropriate water purveyor for the SCP Amendment Area, evaluate its capacity to service the SCP Amendment Area in collaboration with their PEIR Consultant and their associated Subconsultants; and
#25..
- 1407 -
07/22/2025/Utilities/JAlves/Item X 2 2025-XX
WHEREAS, at the County’s direction, West Yost Associates (West Yost), a member of their PEIR Consultant team, provided Staff with a scope of work for the Water Supply Assessment and Water System Evaluation; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures; and
WHEREAS, exceptions to the formal bidding process are granted in Modesto Municipal Code Section 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determiners that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”; and
WHEREAS, West Yost is uniquely qualified to perform this task in that they house and oversee the City’s hydraulic model; A digital replica of the City’s water system infrastructure that Staff utilizes through the professional services provided by West Yost to run simulations to predict potential issues and evaluate proposed solutions system wide; and
WHEREAS, Staff recommends entering into an Engineering Services Agreement with West Yost for the preparation of the Salida Community Plan Water Supply Assessment and Water System Evaluation.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Engineering Services Agreement with West Yost for the preparation of the Salida Community Plan Water Supply Assessment and Water System #25..
- 1408 -
07/22/2025/Utilities/JAlves/Item X 3 2025-XX
Evaluation in the amount of $93,100, plus $9,310 in additional services, if needed, for a total amount not to exceed $102,410.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July 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:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#25..
- 1409 -
07/22/2025/Utilities/JAlves/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING ENTERING INTO A MEMORANDUM OF

UNDERSTANDING WITH STANISLAUS COUNTY REGARDING

REIMBURSEMENT OF COSTS RELATED TO THE SALIDA COMMUNITY

PLAN WATER SUPPLY ASSESSMENT AND WATER SYSTEM EVALUATION

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, the Salida water service area was acquired from Del Este Water Company in 1995 as part of the overall acquisition of Del Este’s water system, where the City now operates and maintains eight potable water wells; and WHEREAS, the Salida Community Plan (SCP) includes planning and guidance for the development of approximately 4,600 acres of land in the Salida area, which includes the existing community of Salida (Existing Plan Area), as well as approximately 3,380 acres of planned future development (Amendment Area); and WHEREAS, Stanislaus County (County) has initiated the preparation of a Programmatic Environmental Impact Report (PEIR) per the requirements of the California Environmental Quality Act (CEQA) and California Water Code guidelines to analyze the potential impact of the SCP on the sufficiency of water supplies, among other considerations; and
WHEREAS, the County has formally requested that the City, as the most appropriate water purveyor for the SCP Amendment Area, evaluate its capacity to service the SCP Amendment Area in collaboration with their PEIR Consultant and their associated Subconsultants; and
WHEREAS, the County has agreed to cover the Consultant and Staff time costs associated with the preparation of the Water Supply Assessment and Water System #25..
- 1410 -
07/22/2025/Utilities/JAlves/Item X 2 2025-XX
Evaluation, the City and County will enter into a Memorandum of Understanding (MOU) to stipulate the roles and responsibilities of each party along with the agreed upon reimbursement requirements and limits.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves entering into a Memorandum of Understanding with Stanislaus County for the preparation of the Salida Community Plan Water Supply Assessment and Water System Evaluation.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #25..
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07/22/2025/Utilities/JAlves/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July 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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07/22/2025/Utilities/JAlves/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING AN AMENDMENT TO THE FISCAL YEAR 2025- 26 MULTI-YEAR PROGRAM BUDGET IN THE AMOUNT OF $112,410 FROM

WATER FUND RESERVES TO FUND THE SALIDA COMMUNITY PLAN

WATER SUPPLY ASSESSMENT AND WATER SYSTEM EVALUATION AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT

THE PROVISIONS OF THE RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $112,410, in order to fund the Salida Community Plan Water Supply Assessment and Water System Evaluation; and
WHEREAS, the Fiscal Year 2025-26 Multi-Year Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2025-26 Multi-Year Program Budget in the amount of $112,410.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #25..
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07/22/2025/Utilities/JAlves/Item X 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July 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:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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ENGINEERING SERVICES AGREEMENT

SALIDA COMMUNITY PLAN

WATER SUPPLY ASSESSMENT AND WATER SYSTEM EVALUATION
THIS AGREEMENT, 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 WEST YOST & ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT".

This Agreement is made with regard to the following recitals:

A. The CITY has determined that Engineering Services are required for the Salida Community Plan Water Supply Assessment and Water System Evaluation Project.

B. CONSULTANT represents that it is qualified, willing and able to provide the services to prepare said documents.

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.

CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". 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.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until CITY’s acceptance of and payment for all services authorized by CITY #25..
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and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. CITY hereby gives CONSULTANT notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. CONSULTANT shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

CONSULTANT agrees to accept a sum not to exceed NINETY-THREE THOUSAND ONE HUNDRED AND 00/100 DOLLARS ($93,100) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit "A" attached hereto and for performance by CONSULTANT of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

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

CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, CONSULTANT shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for #25..
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any out-of-pocket costs paid by CONSULTANT in connection with work performed on this project.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed ten percent (10%) of the agreed maximum compensation, or NINE THOUSAND THREE HUNDRED TEN AND 00/100 DOLLARS ($9,310). In the event that additional services are deemed necessary, the CONSULTANT shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE HUNDRED TWO THOUSAND FOUR HUNDRED TEN AND 00/100 DOLLARS ($102,410). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

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 represents and confirms 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. In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality (“Standard of Care”). #25..
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CONSULTANT further represents and confirms that it will follow the best current, generally accepted and professional 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.

CONSULTANT has represented to CITY that Amy Kwong, 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
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder excluding any standard designs, details, specifications and other intellectual property to which Consultant held the copyright prior to performing services under this Agreement, 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 upon payment of all invoices due and owing to Consultant. No reports shall be used by the CONSULTANT for purposes other than this contract without the express prior written consent of CITY. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

Title to Data
If, as a part of the 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 #25..
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agreement will be delivered to CITY upon the completion or termination of services under the 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. CONFLICT OF INTEREST.

CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT. CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest.

CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. 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.
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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 contract 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 employeremployee 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.

CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under this Agreement. #25..
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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.
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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 the 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: West Yost & Associates, Inc.

Address: 2020 Research Park Drive, Suite 100
Davis, CA 95618
Attention: Amy Kwong
Phone: (530) 756-5905
E-mail: [email protected]
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FOR CITY: Name: City of Modesto
Address: 1010 10th Street, Suite 4600
Modesto, CA 95354
Attention: Jim Alves
Phone: (209) 571-5557
E-mail: [email protected]

14. INSURANCE REQUIREMENTS.

During the term of this Agreement, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in Exhibit C, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of Exhibit C. CONSULTANT is responsible for uploading updated insurance documentation to the City’s “PINS Advantage” program.

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
The CITY may also terminate the CONSULTANT 's performance under the 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 #25..
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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 Subconsultants 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 #25..
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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.

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 the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the #25..
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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 the 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.

If CONSULTANT is performing “public works” as defined in Labor Code section 1720(a), CONSULTANT shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “A” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “A” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code.

In accordance with California Labor Code Section 1773.2, the City has obtained the general #25..
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prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. CONSULTANT must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “A”, including those set forth in Labor Code section 1770 et. seq.

17. INDEMNITY.

If CONSULTANT is Design Professional performing design professional services, as defined in California Civil Code section 2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers, officials, employees and volunteers, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, or agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages arising from the sole or active negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT’s proportionate percentage of fault. However, notwithstanding the previous sentence, 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. This duty to indemnify shall not be waived or modified by contractual Agreement or acts of the parties.

If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall hold the CITY, its agents, officers, employees, and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, #25..
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judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this Agreement, except for claims arising from the sole negligence of the CITY.

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.

In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

18. DISPUTE RESOLUTION.

Venue for 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 contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California. #25..
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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 #25..
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payment for 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. Consistent with the applicable Standard of Care, CONSULTANT shall comply with all applicable and
non-conflicting federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #25..
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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. 2025- , adopted by the Council of the City of Modesto on the day of , 2025, and WEST YOST & ASSOCIATES, INC. has caused this agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
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West Yost Scope of Services and Fee Proposal
Salida Community Plan Evaluaon –
Water System Engineering Support
March 6, 2025
1 BACKGROUND
West Yost has been requested to provide a scope of work to prepare a water supply assessment (WSA) and perform a water system evaluaon to determine the future potable water supply and water system infrastructure needed to support the Salida Community Plan (Salida Plan). The WSA will evaluate whether there are adequate water supplies from the City of Modesto (City) to reliably serve the Salida Plan area in the future, in compliance with the requirements of Senate Bill (SB) 610 and SB 221. The water system evaluaon will include hydraulic conveyance and facility capacity analyses to idenfy planning-level recommendaons and improvements that would be needed to support development within the Salida Plan area.

The Salida Plan includes planning and guidance for the development of approximately 4,600 acres of land in the Salida area, which includes the exisng community of Salida (referred to as the Exisng Plan Area), as well as approximately 3,380 acres of planned future development (referred to as the Amendment Area). The potable water system in the Exisng Plan Area is currently served by the City and it’s ancipated that the Amendment Area would also be served by the City, although that would require approval by Modesto’s City Council. It would also require new pipeline extensions and other potenal infrastructure and supply improvements to provide adequate potable water service.

The Salida Plan was adopted through an iniave process in 2007, and the iniave suggested that a programmac Environmental Impact Report (PEIR) should be completed. Ascent is preparing a PEIR on behalf of Stanislaus County (County) to meet the requirements of the 2007 iniave. As part of the PEIR process, the County has requested an assessment of the ability of the City’s exisng water system to serve the Amendment Area in the future. This scope of work addresses the needs associated with that request.

West Yost is also evaluang the wastewater collecon and treatment system within the Amendment Area, as well as storm drainage and flood control needs. However, those evaluaons are being conducted under a separate contract with Ascent. West Yost’s proposed scope of services for the WSA and water system evaluaon are further described below.

SCOPE OF SERVICES
The following is a list of the key tasks necessary to perform this proposed scope of services:
 Task 1. Prepare Water Supply Assessment
 Task 2. Perform Water System Evaluaon
 Task 3. Project Management and Meengs
Task 1 will include the effort needed to refine the City’s water supply and demand assumpons, which will be foundaonal to the WSA report. Supply and demand assumpons developed in Task 1 will then inform the evaluaons performed in Task 2, the findings of which will be summarized in a Technical Memorandum (TM). Task 3 includes all meengs and project management tasks necessary to support Tasks 1 and 2. Each of these tasks is further described below.

Task 1. Prepare Water Supply Assessment
West Yost will prepare a WSA and Water Supply Verificaon for the Salida Plan in accordance with the requirements of SB 610 and SB 221. As part of that effort, West Yost will work with the City to determine whether

EXHIBIT A
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West Yost Scope of Services and Fee Proposal
Salida Community Plan Evaluaon –
Water System Engineering Support
March 6, 2025
2 supply and demand assumpons used in the City’s 2020 Urban Water Management Plan (UWMP)1 need to be refined to reflect changes that have occurred since 2021. This will include up to one 1-hour meeng with the City (budgeted under Task 3) to discuss supply and demand assumpons. Before this meeng, West Yost will review recent producon informaon to determine if adjustments should be made to projected water demands from the 2017 Water Master Plan (WMP)2
. A water demand projecon associated with the Amendment Area has been esmated under the County’s PEIR process, but may be refined with the City to reflect updated assumpons.

West Yost will then conduct an evaluaon of available water supplies and their ability to meet future water demands, including those assisted with the Amendment Area, under normal, single dry, and mulple dry year condions. The City’s 2020 UWMP will be referenced to evaluate supplies and supply reliability, but input provided by the City will be incorporated.

A Dra WSA will be prepared and submied for review and comment by the City. West Yost will conduct up to one addional 1-hour meeng to review the Dra WSA (budgeted under Task 3). A Final WSA will be prepared and submied based on consolidated comments received on the Dra WSA.

Task 1 Assumpons
 The WSA will evaluate buildout of the Amendment Area without phasing (no interim condions), based on the land uses shown in the Salida Community Plan.

Task 1 Deliverables
 One electronic (PDF) copy of the Dra WSA will be submied for comment.  Following receipt of consolidated, wrien comments on the Dra WSA, West Yost will address comments and provide one electronic (PDF) copy of the Final WSA.

Task 2. Perform Water System Evaluaon
The following sections outline the steps West Yost will take to evaluate and determine the water system infrastructure needed to serve the Amendment Area.

Task 2.1 Perform Facility Capacity Evaluaons
West Yost will perform supply, pumping, and storage capacity evaluaons for the City’s exisng and future systems to confirm if exisng infrastructure and infrastructure improvements previously recommended in the City’s 2017 WMP are sufficient to meet the needs of the Amendment Area. The evaluaons will use the performance criteria from the 2017 WMP. If previously recommended infrastructure is insufficient to meet the future needs of the Amendment Area, improvements will be recommended to migate the deficiencies. The supply and demand assumpons from Task 1 will be incorporated into these evaluaons. The results of the capacity evaluaons will be included in the TM included in a later secon.
1 West Yost, 2021. Joint 2020 Urban Water Management Plan Prepared for City of Modesto and Modesto Irrigaon District. June 2021.
2 West Yost, 2017. City of Modesto Water Master Plan. September 2017.

EXHIBIT A
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West Yost Scope of Services and Fee Proposal
Salida Community Plan Evaluaon –
Water System Engineering Support
March 6, 2025
3 Task 2.2 Review Data and Update Hydraulic Model
Although the City’s hydraulic model was recently updated, as described in a model update TM from December 20243
, that version of the model has not been validated yet and does not contain any future system scenarios.

Therefore, West Yost will use the model that was developed for the 2017 WMP to evaluate the Amendment Area.

West Yost will first scale exisng and future system-wide demands to match the demands assumpons from Task 1.

It is assumed that minor facility operaonal updates will need to be performed in the model to the area immediately adjacent to the Amendment Area (i.e., updang the status of nearby wells).

West Yost will then update the City’s hydraulic model with future backbone pipelines and esmated water demands for the Amendment Area. Future water demands for the Amendment Area will be consistent with the esmate developed in Task 1.

Task 2.3 Perform Hydraulic Evaluaon
Once the hydraulic model is updated as described above, West Yost will use it to evaluate the impact of future development in the Amendment Area on the City’s exisng and future water distribuon system. It is assumed that the hydraulic evaluaon will include the following four steady-state scenarios:

Exisng maximum day demand plus fire flow condion
Exisng peak hour demand condion
Buildout maximum day demand plus fire flow condion
Buildout peak hour demand condion
Results will only be presented for the poron of the City’s distribuon system that is immediately adjacent to the Amendment Area. The fire flow and pressure criteria from the City’s 2017 WMP will be used to evaluate the City’s ability to serve the Amendment Area.

If the exisng and/or future water system infrastructure cannot meet the established criteria, West Yost will determine the improvements required to migate the idenfied deficiencies. The recommended improvements will be sized using the performance criteria presented in the City’s 2017 WMP. West Yost will then conduct one 1- hour meeng (budgeted in Task 3) to review dra results with the City and receive comments before preparing a Dra TM.

Task 2.4 Develop Cost Esmate
Once improvements are idenfied for the Amendment Area, planning-level construcon cost esmates will be developed for those improvements. The construcon cost esmates will be based on costs for similar sized projects that West Yost has worked on recently in California. All costs will be provided as Class 5 esmates, consistent with the classificaon system established by the Associaon for the Advancement of Cost Esmang Internaonal. West Yost will summarize the construcon cost esmates within the TM described in the next secon.

Task 2.5 Develop Technical Memorandum
West Yost will prepare a Draft TM documenting the findings and recommendations from the capacity and hydraulic evaluations with associated costs for proposed improvements. West Yost will then conduct one 1-hour meeting with 3 West Yost, 2024. City of Modesto Water System Hydraulic Model Update TM, December 2024.

EXHIBIT A
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West Yost Scope of Services and Fee Proposal
Salida Community Plan Evaluaon –
Water System Engineering Support
March 6, 2025
4 the City to review the findings and discuss comments on the Draft TM (budgeted in Task 3). After the meeting, West Yost will address City comments and produce a Final TM.

Task 2 Assumpons
 The Water System Evaluaon will evaluate buildout of the Amendment Area without phasing (no interim condions), based on the land uses shown in the Salida Community Plan.  West Yost will use the City’s 2017 WMP hydraulic model.

Task 2 Deliverables
 One electronic (PDF) copy of the Dra TM will be submied for comment.  Following receipt of consolidated, wrien comments on the Dra TM, West Yost will address comments and provide one electronic (PDF) copy of the Final TM.

Task 3. Project Management and Meengs
West Yost ancipates several meengs with the City at key milestones to review progress. Meengs at the following milestones are ancipated and included in this Scope of Services:
 One (1) kickoff meeng to review and confirm key supply and demand assumpons for the WSA  One (1) meeng at the compleon of Task 1 to discuss any quesons or comments on the Dra WSA  One (1) meeng part way through Task 2 to review the inial potable water system evaluaon results.  One (1) meeng at the compleon of Task 2 to discuss the potable water system evaluaon results and recommendaons (Dra TM)
 Three (3) addional meengs to provide as-needed coordinaon Addional meengs beyond those described above are not included in this Scope of Services but could be added with wrien approval and associated budget amendment.

West Yost will provide overall project management acvies to keep this project on schedule and within budget.

Communicaon of project progress will generally be provided via emails and conference calls. Monthly invoices will also be prepared and submied.

Task 3 Assumpons
 West Yost parcipaon in meengs will be virtual.
 The Project will take no longer than five months to complete.

Task 3 Deliverables
 West Yost will prepare monthly invoices and descriptions of services performed.

PROJECT BUDGET
West Yost’s proposed level of effort and budget for each of the tasks described above is shown in Table 1. West Yost will perform the scope of services described above on a me-and-expenses basis, at the billing rates set forth in West Yost’s aached 2025 Billing Rate Schedule (Aachment A), with a not-to-exceed budget of $93,100. Any

EXHIBIT A
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West Yost Scope of Services and Fee Proposal
Salida Community Plan Evaluaon –
Water System Engineering Support
March 6, 2025
5 addional services not included in this scope of services will be performed only aer receiving wrien authorizaon and a corresponding budget amendment.

Table 1. Esmated Project Hours and Budget
Task Hours Budget, dollars
Task 1. Prepare Water Supply Assessment 123 $32,700
Task 2. Perform Water System Evaluaon 158 $41,300
Task 3. Project Management and Meengs 64 $19,100
Total 345 $93,100

SCHEDULE
West Yost will begin work upon noce to proceed and the receipt of all requested data. We ancipate that the development of the Dra WSA will take approximately eight (8) weeks to complete aer noce to proceed and receipt of the requested data. Following the Dra WSA, the Dra Water System Evaluaon TM will take an addional eight (8) weeks to complete. The schedule for the Final Water System Evaluaon TM and Final WSA will be determined aer receipt of City comments. The Project is ancipated to last approximately five (5) months.

EXHIBIT A
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EXHIBIT B
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EXHIBIT B
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EXHIBIT C – Insurance Requirement for Professional Services Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant his agents, representatives, employees or subconsultants.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification, it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply #25..
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to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Consultant’s policy shall be “primary and noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Consultant’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

Waiver of Subrogation
Consultant hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Modesto by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Consultant to purchase coverage with a lower retention or provide proof of the ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of consultant or subconsultant who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.

Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:
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1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Modesto reserves the right to require complete copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subconsultants
Consultants shall require and verify that all subconsultants, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subconsultant’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to reasonably modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 22, 2025
Date: June 24, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Stanislaus Elementary School 1,2,3-TCP Mitigation Project Final Initial Study/Mitigated Negative Declaration
CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider approving the Final Initial Study/Mitigated Negative Declaration for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project in accordance with the California Environmental Quality Act. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

Stanislaus Elementary School is located at 1931 Kiernan Ave, about one mile outside of Modesto City limits within Stanislaus County. The School’s sole source of potable water is groundwater provided by a single well located on site and serving approximately 400 students and staff members. In the Spring of 2019 the Stanislaus Union School District was issued a compliance order (DER-19R-006) by Stanislaus County’s Department of Environmental Services notifying them that the School’s water system was in violation of the California Safe Drinking Water Act for containing levels of 1,2,3 Trichloropropane (1,2,3 TCP) above the maximum contaminate level allowed by the California Health and Safety Code and the California Code of Regulations and that they would need to seek out and implement a viable long-term water system solution or risk facing citations, penalties and the suspension or revoking of their drinking water permit.

In 2022 the School District, through Self-Help Enterprises, approached City staff about the City’s willingness to be considered as a potential supplier of water services in a Feasibility Study that was being conducted by their engineering consultant, Ardurra. The study included a Technical Memorandum prepared by West Yost Associates in 2023 summarizing a hydraulic evaluation of the City water system’s ability to provide for the current and future projected needs of the school #26..
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City Council, July 22, 2025
Stanislaus Elementary School 1,2,3-TCP Mitigation Project Final Initial Study/Mitigated Negative Declaration

along with meeting fire flow requirements. The Study concluded that establishing City service could be a viable long-term water system solution.

DISCUSSION:

The School District is in the process of having a new school designed to replace the existing Stanislaus Elementary School, which is scheduled to be demolished upon completion of the new facility. This water project will extend a new water main into undeveloped areas to serve the School. As the parcel where the current and future schools are located will not be annexed into the City at this time, Staff is working with the Stanislaus Local Agency Formation Commission (LAFCO) on the necessary approvals.

Self-Help, in coordination with the School District, has secured grant funding to cover the design cost and is in the process of applying for construction phase grant funding on behalf of the City.

There is no local match requirement associated with the anticipated grant funding. The project’s design is currently 90% complete.

Other alternatives considered to serve the School included onsite groundwater treatment and drilling a new well, neither of which were deemed long-term solutions. The School is located within the City’s General Plan boundary and is included in the City’s 2017 Water System Master Plan future service area.

FISCAL IMPACT:

There is no direct fiscal impact associated with approving the Final Initial Study/Mitigated Negative Declaration (IS/MND).

COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee at the meeting held on April 21, 2025, where it was recommended that it be forwarded to Council.

CEQA/NEPA REQUIREMENTS:

The California Environmental Quality Act requires that State and local agencies disclose and evaluate the significant environmental impacts of proposed projects and adopt all feasible mitigation measures to reduce or eliminate those impacts.

A Notice of Availability and Intent to Adopt the Final IS/MND, prepared by Ardurra on behalf of the City, was circulated to all Stakeholders within the project area as well as Public and State Agencies through the State Clearinghouse, a division of the Governor’s Office of Planning and Research.

The Draft IS/MND was made available for public review for 30 days beginning on December 29, 2024, and ending on January 28, 2025. Comment letters were received from the following agencies and are included along with responses to comments in the Final IS/MND:

Central Valley Regional Water Quality Control Board
County of Stanislaus, Planning and Community Development Department County of Stanislaus, Public Works Department
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City Council, July 22, 2025
Stanislaus Elementary School 1,2,3-TCP Mitigation Project Final Initial Study/Mitigated Negative Declaration

The Final IS/MND was prepared in compliance with the California Environmental Quality Act Guidelines, California Code of Regulations Title 14, § 15000.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Final Initial Study/Mitigated Negative Declaration for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project in accordance with the California Environmental Quality Act.

Approved by:

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

1. Resolution

2. Final Initial Study/Mitigated Negative Declaration

3. Final Initial Study/Mitigated Negative Declaration – Appendices parts 1-3

4. Final Initial Study/Mitigated Negative Declaration – Response to Comments

5. Mitigation Monitoring and Reporting Program
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07/22/2025/Utilities/JAlves/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING THE FINAL INITIAL STUDY/MITIGATED

NEGATIVE DECLARATION FOR THE STANISLAUS ELEMENTARY
SCHOOL 1,2,3-TCP MITIGATION PROJECT IN ACCORDANCE WITH THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Stanislaus Elementary School is located at 1931 Kiernan Ave, about one mile outside of Modesto City limits within Stanislaus County; and WHEREAS, the School’s sole source of potable water is groundwater provided by a single well located on site and serving approximately 400 students and staff members; and
WHEREAS, in the Spring of 2019 the Stanislaus Union School District was issued a compliance order (DER-19R-006) by Stanislaus County’s Department of Environmental Services notifying them that the School’s water system was in violation of the California Safe Drinking Water Act for containing levels of 1,2,3 Trichloropropane (1,2,3 TCP) above the maximum contaminate level allowed by the California Health and Safety Code and the California Code of Regulations and that they would need to seek out and implement a viable long-term water system solution or risk facing citations, penalties and the suspension or revoking of their drinking water permit; and WHEREAS, in 2022 the School District, through Self-Help Enterprises, approached City staff about the City’s willingness to be considered as a potential supplier of water services in a Feasibility Study that was being conducted by their engineering consultant, Ardurra; and
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07/22/2025/Utilities/JAlves/Item X 2 2025-XX
WHEREAS, other alternatives considered to serve the school included onsite groundwater treatment and drilling a new well, neither of which were deemed long-term solutions; and
WHEREAS, the California Environmental Quality Act requires that State and local agencies disclose and evaluate the significant environmental impacts of proposed projects and adopt all feasible mitigation measures to reduce or eliminate those impacts; and
WHEREAS, a Notice of Availability and Intent to Adopt the Final Initial Study/Mitigated Negative Declaration, prepared by Ardurra on behalf of the City, was circulated to all Stakeholders within the project area as well as Public and State Agencies through the State Clearinghouse, a division of the Governor’s Office of Planning and Research; and
WHEREAS, the Final Initial Study/Mitigated Negative Declaration was prepared in compliance with the California Environmental Quality Act Guidelines, California Code of Regulations Title 14, § 15000.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Final Initial Study/Mitigated Declaration for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized and directed to file of Notice of Exemption for the Project. #26..
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07/22/2025/Utilities/JAlves/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July 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:

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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TABLE OF CONTENTS
I. PURPOSE ............................................................................................................................................................... 1 DEFINITIONS ........................................................................................................................................................ 3 II. PROJECT DESCRIPTION ................................................................................................................................ 1 III. FINDINGS / DETERMINATION .................................................................................................................... 18 IV. WITHIN THE SCOPE ANALYSIS OF THIS DOCUMENT ......................................................................................... 19 V. CURRENCY OF THE MASTER EIR DOCUMENT ................................................................................................... 20 VI. ENVIRONMENTAL ANALYSIS ...................................................................................................................... 21

1. AESTHETICS/ VISUAL RESOURCES .................................................................................................................. 21

2. AGRICULTURE AND FORESTRY RESOURCES ................................................................................................... 24

3. AIR QUALITY ................................................................................................................................................... 28

4. BIOLOGICAL RESOURCES ............................................................................................................................... 36

5. CULTURAL RESOURCES .................................................................................................................................. 45

6. ENERGY .......................................................................................................................................................... 50

7. GEOLOGY AND SOILS ..................................................................................................................................... 53

8. GREENHOUSE GAS EMISSIONS ...................................................................................................................... 59

9. HAZARDS AND HAZARDOUS MATERIALS ....................................................................................................... 64

10. HYDROLOGY AND WATER QUALITY ............................................................................................................. 71

11. LAND USE AND PLANNING ........................................................................................................................... 81

12. MINERAL RESOURCES .................................................................................................................................. 83

13. NOISE ........................................................................................................................................................... 84

14. POPULATION AND HOUSING ....................................................................................................................... 90

15. PUBLIC SERVICES ......................................................................................................................................... 91

16. RECREATION ................................................................................................................................................ 94

17. TRANSPORTATION ....................................................................................................................................... 96

18. TRIBAL CULTURAL RESOURCES [TO BE COMPLETED PER CONSULTATION SCHEDULE] ............................. 100

19. UTILITIES AND SERVICES ............................................................................................................................ 102

20. WILDFIRE ................................................................................................................................................... 107

21. MANDATORY FINDINGS OF SIGNIFICANCE ................................................................................................ 110 VII. REPORT PREPRATION .................................................................................................................................... 113

7.1 CITY OF MODESTO ..................................................................................................................................... 113

7.2 AGENCIES OF PERSONS CONTACTED ......................................................................................................... 113 VIII. REFERENCES ................................................................................................................................................. 114 IX. APPENDICIES ................................................................................................................................................... 118 #26..
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117

FIGURES
Figure 1- Regional Location ................................................................................................................................... 10 Figure 2A- Water Improvements Local Vicinity Map ............................................................................................. 11 Figure 3A- Stanislaus County Land Use Map ......................................................................................................... 12 Figure 3B- City of Modesto General Plan Land Use Map....................................................................................... 13 Figure 4- Proposed Improvements within City of Modesto Water and Wastewater Master Plans....................... 14 Figure 5- Photo Location Map ............................................................................................................................... 15 Figure 6- Site Photos.............................................................................................................................................. 16 Figure 7- Farmland Adjacent to the Project Alignment ......................................................................................... 27 Figure 8: Noise Measurements.............................................................................................................................. 89 Figure 9:- Existing and Proposed Utilities............................................................................................................ 106 TABLES
TABLE 1: SURROUNDING LAND USES ...................................................................................................................... 1 TABLE 2: EXISTING DIVERSE USES WITHIN THE LOCAL VICINITY OF THE PROJECT ALIGNMENT............................. 2 TABLE 3: WELL 02 1,2,3-TCP MONITORING RESULTS .............................................................................................. 4 TABLE 4: PROJECT ALIGNMENT ............................................................................................................................... 6 TABLE 5: FEDERAL AND STATE POLLUTANT STANDARDS ...................................................................................... 28 TABLE 6: SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT ATTAINMENT STATUS................................ 30 TABLE 7: SJVAPCD AIR QUALITY SIGNIFICANCE THRESHOLDS ............................................................................... 30 TABLE 8: CONSTRUCTION RELATED REGIONAL POLLUTANT EMISSIONS............................................................... 33 TABLE 9: FEDERAL CONFORMITY ANALYSIS AND DE MINIMUS THRESHOLDS....................................................... 33 TABLE 10: POTENTIALLY OCCURRING SENSITIVE BIOLOGICAL RESOURCES .......................................................... 40 TABLE 11:CULTURAL RESOURCES WITHIN ONE-HALF MILE OF THE PROJECT LOCATION ..................................... 48 TABLE 12: PROJECT RELATED GREEHOUS GAS EMISSIONS....................................................................... 61 TABLE 13: PROJECT CONSISTENCY WITH CARB SCOPING PLAN POLICIES AND MEASURES .............. 62 TABLE 14: CONSISTENCY WITH MODESTO HAZARDOUS WASTE APPLICABLE GP MITIGATING POLICIES ............. 67 TABLE 15: RECEIVING WATERS 303(d) CONTAMINATION AND BENEFICAL USES.................................................. 74 TABLE 16: CONSISTENCY WITH MODESTO GP FLOODWAY AND WATER QUALITY APPLICABLE MITIGATING POLICIES................................................................................................................................................................. 75 TABLE 17: CONSTRUCTION EQUIPMENT VIBRATION SOURCE LEVELS .................................................................. 87 MITIGATION MONITORING AND REPORTING PROGRAM (Separate Cover) #26..
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 APPENDICIES (Separate Cover)
APPENDIX A: Air Quality and Greenhouse Gas Impact Study/Energy (Ganddini 2024) APPENDIX B: Biological Resources (ELMT 2024)
APPENDIX C: Cultural/Archaeological/Tribal/ Paleontological Resources Report (BCR Consulting 2023) and HPIR (BCR Consulting LLC, 2024)
APPENDIX D: Soils and Geotechnical (Universal Engineering Services 2023) APPENDIX E: Noise Study (Ganddini 2023)
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 CITY OF MODESTO PAGE 1
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City of Modesto
Initial Study/ Mitigated Negative Declaration Environmental Checklist I. PURPOSE
The purpose of this Initial Study/Mitigated Negative Declaration (IS/MND) is to evaluate and disclose to the public the level of significance of anticipated temporary and permanent physical changes in the environmental from constructing new water mains in Kiernan Avenue, Dale Road, and Tully Road, which are needed to extend the City of Modesto’s water system to the school and to supply potable water to the Stanislaus Elementary School. The extension of the City’s existing water system is considered a Project under the California Environmental Quality Act (CEQA) because it requires discretionary approval and permits and does not meet the definition of an exemption under CEQA Statute and Guidelines (Public Resources Code 21000-21189 and California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387).

The school’s existing water supply is from a well that has been contaminated with 1, 2, 3 Trichloropropane (1,2, 3 TCP), which is harmful to humans. Due to presence of 1,2,3-TCP in Well 02, the Stanislaus Elementary School must be served from an alternative water source pursuant to state regulations. The intended purpose of this IS/MND document is to evaluate environmental impacts from the construction of approximately 12,000 linear feet of 12-inch potable water pipeline for potable water supply to the school and is referred to as the “Project” in this document. The objectives of the Project are summarized as follows:
- Replacement of well water serving Stanislaus Elementary School with a source of drinking water that meets water quality standards;
- Sufficient hydraulic capacity to meet 4,000 gallons per minute (gpm) fire flow requirements while maintaining a 20-pounds per square inch (psi) residual pressure at the School; and, - Consistency with identified future improvements approved in the City’s General Plan and Master Plans.

This document is written to inform decision makers and the public on the environmental impacts from all phases of implementation of the Project pursuant to CEQA Statute and Guidelines. Levels of significance of environmental impacts are identified within Section 5.0 of this document according to the CEQA thresholds of significance that are found in Appendix G of the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387). In this regard, the City of Modesto, as the Lead Agency, as well as Trustee and Responsible Agencies will utilize information in this document during their evaluation of the Project for discretionary approvals and permits. This document was circulated for 30-day public review and copies were made available to the public to inform stakeholders and interested parties on the potential environmental impacts of the Project and the levels of significant impacts that may result from implementation of the Project.

As the Lead Agency, the City of Modesto will use the information in this document as a basis for findings on whether the Project should require an EIR, Mitigated Negative Declaration, or Negative Declaration for compliance with CEQA as well as whether to approve the Project as proposed. This document and the City’s findings on the Project will provide an administrative record for decision making the Project. This document includes environmental analysis of all Project phases, including construction and long-term operations and maintenance, and is intended to fully disclose all reasonably anticipated impacts from the Project. Previously, this Project was considered conceptually as part of the City’s approved Water Master Plan (SCH# 2016082069); this IS/MND analyzes environmental impacts of the most feasible design alternative for Project implementation involving a location and metrics that were not specifically evaluated in the City’s Water Master Plan or General Plan for environmental impacts pursuant to the CEQA Checklist, Appendix G of the CEQA Guidelines.

This document is an IS/MND, including an Initial Study (IS) and a Mitigated Negative Declaration (MND) that have been prepared pursuant to the CEQA Statute (Public Resources Code 21000-21189) and CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387) to evaluate and fully #26..
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disclose to the public and decision makers, the reasons why the Project will have less than significant impacts with the incorporation of mitigation measures. As a first step in CEQA compliance, an Initial Study (IS) was prepared to describe all anticipated phases of the Project and to analyze impacts resulting from the Project implementation pursuant to Section 15063 (d) of the CEQA Guidelines. The IS utilizes the CEQA Environmental Checklist found in Appendix G of the most recent CEQA Guidelines as the foundation for environmental analysis and includes systematic discussion of existing conditions and impacts from short-term construction, long-term operation and maintenance, cumulative impacts, as well as potential for growth inducement resulting from Project Implementation. The IS incorporates by reference pertinent technical information and conclusions from the Environmental Impact Report (SCH# 201404081) that was prepared for the City of Modesto’s most recent General Plan, Water Master Plan (SCH# 201608269) and the Geotechnical Report for the Stanislaus Elementary School Expansion. The IS identifies where no impacts are anticipated, based on previously certified environmental reports, and where no further analysis is needed. Technical studies have been prepared for the Project documenting level of impacts from Project implementation on Air Quality, Greenhouse Gases, Energy, Noise, Cultural Resources and Biological Resources. Potentially significant environmental impacts resulting from Project implementation have been quantified and/or described qualitatively in these technical reports, which are appended to this IS/MND. Mitigation measures have been proposed for each potentially significant Project impact identified in the IS. The IS describes the effectiveness of mitigation measures for the Project. Furthermore, the mitigation measures for that have been identified in the IS to reduce Project impacts have been incorporated in the Mitigation Monitoring and Reporting Program (MMRP) for the Project pursuant to Public Resources Code, Section 21081.6. The MMRP identifies timing and responsible parties for implementation and will be used by the City and the Project contractor during construction to track implementation of mitigation measures and best management practices that are identified as required to reduce potentially significant impacts to less than significance.

The analysis in the IS concludes that a Mitigated Negative Declaration is the appropriate level of environmental review for CEQA compliance on the Project and that all potentially significant impacts will be mitigated to less than significance with the incorporation of best management practices, engineering standards, and mitigation measures for the Project listed in the MMRP, pursuant to the provisions of the California Environmental Quality Act (CEQA), Public Resources Code 21000, et seq. and State and Local CEQA Guidelines. The City of Modesto is the Project applicant and lead agency for CEQA. The City will utilize the information in this document for decisionmaking, to approve or deny the Project based on the Initial Study and other Project information in the administrative record.

Decision to Prepare a Mitigated Negative Declaration
The Project Description (Section II) describes the proposed installation of 12,000 linear feet of potable water pipeline and existing well abandonment, which would provide drinking water to the Stanislaus Union Elementary School, replacing water service via Well #2, for the school located at 1931 Kiernan Avenue, Modesto, CA, 95356.

The Project involves extension of the City of Modesto Water Division’s Service area to include the school and will not result in cumulative or growth inducing impacts due to consistency with the City’s approved General Plan and Water Master Plan. The Project is ineligible for a CEQA exemption. Section VI of this document identifies potentially significant effects on Aesthetics, Agriculture and Forestry Resources, Biological Resources, Cultural Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation, Public Services, Utilities and Services, and Wildfire which require implementation of Projectspecific mitigation measures. Mitigation measures that have been proposed for the Project, to reduce potentially significant impacts to less than significant levels, will be implemented during Project construction; and as a result, this IS/MND indicates Project consistency with CEQA Guidelines §15070, that a mitigated negative declaration is appropriate when:
a. The Project Initial Study identifies potentially significant effects, but: Revisions to the Project plan were made that would avoid, or reduce the effects to a point where clearly no significant effects would occur, and
b. There is no substantial evidence that the Project, as revised, may have a significant effect on the environment.

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DEFINITIONS
Environmental Checklist Terminology
dŚĞ/ŶŝƟĂů^ƚƵĚLJŝƐďĂƐĞĚŽŶƚŚĞ
ŶǀŝƌŽŶŵĞŶƚĂůŚĞĐŬůŝƐƚ&ŽƌŵǁŝƚŚŝŶ^ĞĐƟŽŶϭϱϬϲϯ;ĚͿ;ϯͿŽĨƚŚĞ^ƚĂƚĞ Y
Guidelines (CEQA 2022), also referred to as “Appendix G Checklist” or the “Environmental Checklist” for CEQA compliance, which ŝƐŝŶĐůƵĚĞĚŝŶ^ĞĐƟŽŶ/s͘ŽĨƚŚŝƐƌĞƉŽƌƚ͘dŚĞƌĞƐƉŽŶƐĞƐƚŽƋƵĞƐƟŽŶƐĂďŽƵƚƚŚĞƉƌŽƉŽƐĞĚProject, ĨŽƵŶĚŝŶ^ĞĐƟŽŶIV.͕ŝŶĚŝĐĂƚĞůĞƐƐ ƚŚĂŶƐŝŐŶŝĮĐĂŶƚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƐǁŝƚŚŵŝƟŐĂƟŽŶĂƌĞĂŶƟĐŝƉĂƚĞĚĨƌŽŵ Project ŝŵƉůĞŵĞŶƚĂƟŽŶ͘Therefore, ^ĞĐƟŽŶ/// of this document, indicates the conclusion of the environmental analysis for the Project and the
ŶǀŝƌŽŶŵĞŶƚĂů ĞƚĞƌŵŝŶĂƟŽŶ ŽĨ >ĞƐƐ ƚŚĂŶ ^ŝŐŶŝĮĐĂŶƚǁŝƚŚDŝƟŐĂƟŽŶ for the Project can be applied to CEQA clearance for decision making. The standard Appendix G Environmental Checklist has been ƵƐĞĚƚŽĞǀĂůƵĂƚĞŝŵƉĂĐƚƐĂŶĚŝŶĐůƵĚĞƐĂŶĞdžƉůĂŶĂƟŽŶĨŽƌĞĂĐŚĂŶƐǁĞƌǁŝƚŚŝŶ^ĞĐƟŽŶs/͘dŚĞĨŽůůŽǁŝŶŐ ƚĞƌŵŝŶŽůŽŐLJŝƐƵƐĞĚƚŽĚĞƐĐƌŝďĞƚŚĞůĞǀĞůŽĨƐŝŐŶŝĮĐĂŶĐĞŽĨProject-related impacts.

Area of Potential Effects: The footprint of development (both horizontal and vertical) where direct impacts from the Project will occur and the Local Vicinity where indirect impacts from a Project could occur.

Impact: A physical change in the environment on a sensitive or regulated resource.

Less Than Significant Impact: Level of changes in the environment when there is potential for an impact based on the location of resources or the location or nature of the Project; however, the extent of the change is not expected to exceed thresholds of significance identified in the Appendix G Checklist and other agency standards.

Less Than Significant Impact with Mitigation: The level of changes in the environment with the implementation of a Project, which includes application of mitigation measures or avoidance measures, standard conditions, best management practices, applicable codes and ordinances, and regulations, intended to reduce changes in the environment from a Project when a Project has the potential to significantly change the environment, and impacts are reduced to below thresholds of significance of Appendix G and other agency standards.

Local Vicinity: The area and parcels surrounding a Project Location where direct or indirect impacts from Project implementation may occur.

Mitigation: Feasible measures that could be applied to Project design and construction to minimize significant adverse impacts, which are tailored to specific circumstances of a particular Project and place. Mitigation requirements on a Project, restricts Project-related activities beyond what is expected from standard application of ordinances and are intended to tailor characteristics of a Project and Project activities to a particular location.

No Impact: Level of changes from a Project when there are either no pertinent resources that could be affected or the characteristics of the Project clearly indicate no changes to the environment could occur from a Project.

Potentially Significant Impacts: The noticeable changes from a Project resulting in inconsistency with established regulations or damage to pertinent environmental resources.

Project: An action or series of actions requiring discretionary approval, triggering CEQA review, for discretionary approval by an agency.

Project Site/Project Area: The physical footprint of construction and areas where disturbance and construction activities will occur throughout Project construction.

Threshold of Significance: A guideline or standard established for public health, safety, welfare, protection of natural resources or stewardship of the environment.

Significant: Noticeable and/or exceeding regulations. Substantial or potentially substantial adverse change to any of the physical conditions within the area affected by the Project.

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II. PROJECT DESCRIPTION
A. Title: Stanislaus Elementary School 1,2,3- TCP Mitigation Project B. Address or Location: City of Modesto, CA and unincorporated Stanislaus County, CA 95356; x Kiernan Avenue, between Tully Road and Dale Road, approximately 12,000 linear feet (LF); x Dale Road, between Kiernan Avenue and existing “dead-end” connection point, approximately 570 LF; x Tully Road, between the northeastern corner of Kiernan Avenue and Tully Road intersection and existing “dead-end” connection point, approximately 850 LF;
x Stanislaus Elementary School 1931 Kieran Avenue, Modesto, CA 9535; Unincorporated Stanislaus County.

C. Lead Agency: City of Modesto
City of Modesto Public Works, Utilities Department
1010 Tenth Street, Third Floor
Modesto, CA 95354
D. City Contact Person: Jim Alves, Senior Civil Engineer City of Modesto
City of Modesto Public Works, Utilities Department
1010 Tenth Street, Third Floor
Modesto, CA 95354
209.571.5557
[email protected]
E. Current General Plan Designation(s): Public right-of-way; Agriculture (General Agriculture AG 40 Acre)
F. Current Zoning Classification(s): Public right-of-way; AG-40
G. Surrounding Land Uses:

The surrounding land uses are primarily agricultural fields and Urban Commercial. See Table 1:

Surrounding Land Uses and Table 2: Existing Diverse Uses Within the Local Vicinity of the Project Alignment below.

TABLE 1: SURROUNDING LAND USES

WATER IMPROVEMENTS
Land Use Stanislaus County General Plan City of Modesto General Plan
Zoning
Project
>ŽĐĂƟŽŶ
County and City Right-ofWay; Stanislaus Elementary
School
General Agriculture (Deciduous
Fruits and Nuts)
sŝůůĂŐĞZĞƐŝĚĞŶƟĂů;sZͿKiernan / Carver North
Comprehensive Planning
District
AG-40
North Large-scale agriculture General Agriculture (Deciduous Fruits and Nuts, Field Crops) sŝůůĂŐĞZĞƐŝĚĞŶƟĂů;sZͿ AG-40 South Large-scale agriculture;
Kaiser Permanente
Modesto Medical Center
Community Commercial; Urban
Vacant; Urban Industrial;
General Agriculture (Pasture,
Deciduous Fruits and Nuts)
sŝůůĂŐĞZĞƐŝĚĞŶƟĂů;sZͿ͖
Business Park (BP); Mixed
Use (MU)
AG 10;
Modesto
East Large-scale agriculture General Agriculture (Deciduous Fruits and Nuts, Field Crops) Business Park (BP) AG-40
West Large-scale agriculture General Agriculture (Deciduous Fruits and Nuts) Business Park (BP) AG-40
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Source: (1) Stanislaus County GIS, Updated May 2023. (2) Modesto General Plan EIR, 2019.

TABLE 2: EXISTING DIVERSE USES WITHIN THE LOCAL VICINITY OF THE PROJECT ALIGNMENT Item
No.1
Establishment Diverse Use2
Type
Zoning
(Stanislaus
County GP)
Land Use (City of
Modesto GP)
Distance from Project Alignment
(miles)
Adjacent to Dale Road
2 Smallcakes Decadent Coffee Café City of
Modesto
MU4 0.13 mi from Dale Road existing “deadend” connection point 3 Residence Inn by Marriot
Modesto North
-- City of
Modesto
MU 0.13 mi from Dale Road existing “deadend” connection point 4 El Rio Memory Care Community Senior Care City of
Modesto
BP5 0.22 mi from Dale Road existing “deadend” connection point 5 Kaiser Permanente Modesto
Medical Center & Emergency
Center (w Helipad)
Hospital City of
Modesto
BP 0.3 mi from Dale Road existing “deadend” connection point 6 Courtyard by Marriot Modesto
North
-- City of
Modesto
MU 0.21 mi from Dale Road existing “deadend” connection point 7 Kinsley Yard Luxury Apartments Housing City of
Modesto
BP 0.32 mi 0.22 mi from Dale Road
existing “dead-end” connection point
18 Arco Gas Station Gas Station City of
Modesto
BP 0.13 mi from Dale Road existing “deadend” connection point Adjacent to Kiernan Avenue
1 Grover Ornamental Nursery &
Landscape Services
Other retail A-2-40 VR3 0.01 mi from Kieran Avenue ROW
8 Westra RV Storage Other retail A-2-40 VR 0.02 mi from Kieran Avenue ROW 9 Darby’s Pet Paradise Other retail A-2-40 VR 0.02 mi from Kieran Avenue ROW 10 Unitarian Universalist Fellowship
of Stanislaus
Place of
Worship
A-2-10 VR 0.02 mi from Kieran Avenue ROW
14 Stanislaus Elementary School Education
facility
A-2-40 VR Portion of Project Site
17 Derrell’s Mini Storage Industrial A-2-40 BP 0.3 mi from Tully Road and Kieran Avenue intersection
19 Central Valley Cresent Office
Building
A-2-40 VR 0.02 mi from Kieran Avenue ROW
20 Electrical substation Industrial A-2-40 VR 0.02 mi from Kieran Avenue ROW Adjacent to Tully Road
11 Modesto Landmark Missionary
Baptist Church
Place of
Worship
A-2-10 VR 0.02 mi from Tully Road ROW
12 Hindu Temple of Modesto A-2-10 VR 0.02 mi from Tully Road ROW 13 Big Valley Grace Community
Church
City of
Modesto
VR 0.2 mi from Tully Road existing “deadend” connection point 15 Big Valley Christian High School Education
Facility
City of
Modesto
MU 0.9 mi from Tully Road existing “deadend” connection point 16 Modesto Fire Station 11 Fire Station City of
Modesto
VR 0.6 mi from Tully Road existing “deadend” connection point Reference: Figure 2A: Water Improvements Local Vicinity Map.

Source: City of Modesto General Plan Master EIR, 2019.

Google Maps, 2023.

Stanislaus County General Plan & ALUC EIR, 2016.

Note: (1) Item Number Corresponds with Figure 2A: Water Improvements Local Vicinity Map (2) Diverse Use Business Types are defined as publicly available businesses and entities providing goods or services intended to meet daily needs. Diverse Uses are intended to meet daily needs and is publicly available. Automated facilities such as ATMs or vending machines are not included (USGBC). (3) Village Residential: land-use designation that provides for the development of urban “villages” defined by mixed-use Compact, pedestrian- and transit-oriented development (Modesto GP EIR, 2019). (4) Mixed- Use: designation describe areas within City Limits that are generally developed (as of January 1, 1995) and contain a mixture of all of some residential, commercial, office, and institutional (Modesto GP EIR, 2019). (5) Business Park
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H. Project Description:

Stanislaus Union School District (SUSD)

BACKGROUND
The Project is proposed to extend the City’s water service to the north to connect Stanislaus Elementary School directly to the City of Modesto’s existing potable water system. Currently, Stanislaus Elementary School is reliant on groundwater extraction as a primary source of potable water. In the northeastern corner and along the eastern property line of Stanislaus Elementary School, SUSD has one active well (Well 02), PS Code 5000249-004, one inactive well (Well 01), PS Code CA5000249-001, an 8000 gallon (gal) static tank with a usable capacity of 7,435- gal, distribution piping, and appurtenances.

Well 01 is inactive and disconnected from the distribution system; however, Well 02 has provided water for the SUSD service area since 2008. Well 02 is located in the northeastern corner of the SUSD service area boundary.

Well 02 is approximately 335 feet deep and is capable of achieving a production rate of 100 gallons per minute and averaging 1,405,033 gallons of water during 2020 through 2022. The existing distribution system consists of 2-inch to 8-inch diameter pipe, gate valve, 800-gallon static tank, and fire hydrant, which services the all the buildings on the school’s property.

According to the State Water Resources Control Board (SWRCB), Division of Drinking Water (DDW), the Stanislaus Union School District (SUSD), Water System No. CA5000249, is a non-transient non-community public water system at the Stanislaus Elementary School (School), serving approximately 390 students and staff through one service connection. DDW regulates the water system under Domestic Water Supply Permit No. 5000249-08-09- 155, issued by the Stanislaus County Department of Environmental Resources (Environmental Health) on October 15th, 2008.

The school’s water comes from groundwater extracted by Well 02; however, Well 02 is currently contaminated with 1,2,3- Trichloropropane (TCP). 1,2,3-TCP, is a manmade chemical commonly used in pesticides by local farmers; contamination of drinking water wells due to past land uses has led to widespread contamination of drinking water wells in the Central Valley. In 1992, the State of California added 1,2,3-TCP to their list of chemicals known to cause cancer; seven years later, the State established a drinking water notification level for the chemical.

On May 24th, 2019, the Stanislaus County Division of Environmental Health, who ensure acceptable water quality standards are being met through regular monitoring practices, issued compliance order (No. DER-19R-006), indicating that SUSD currently violates California Health and Safety Code (CHSC), Section 116555(a)(1)1 , and
California Code of Regulations (CCR) Title 22, Section 64444, Maximum Contaminant Levels (MCL)- Organic Chemicals2
. Violations are based on samples collected from Well 02 between 2018 and 2023. Stanislaus Elementary School’s groundwater supply is nine times the allowable maximum contamination level (MCL) of 0.005 μg/L (See Table 3: Well 02 1,2,3-TCP Monitoring Results); as a result, the school needs to take additional measures to provide safe drinking water to their customers, compliant with primary drinking water standards. 1 CHSC, Section 116555(a)(1): requires all public water systems to comply with primary drinking water standards. Primary drinking water standards include maximum levels of contaminants, specific treatment standards, and monitoring and reporting requirements in accordance with regulations from the State Water Board (Stanislaus County, Division of Environmental Health, Compliance Order No. DER-19R-006, 2019) 2 CCR, Title 22, Section 64445.1(c)(5)(B): indicates that a water system is in violation, if any sample would cause the running average to exceed the maximum contamination level (MCL) (Stanislaus County, Division of Environmental Health, Compliance Order No. DER-19R-006, 2019)
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TABLE 3: WELL 02 1,2,3-TCP MONITORING RESULTS
Sampling Date Detected Level (μg/L) MCL (μg/L) % of MCL 05-04-2023 0.033 0.005 660
02-09-2023 0.046 0.005 920
11-18-2022 0.052 0.005 1040
08-04-2022 0.063 0.005 1260
05-11-2022 0.054 0.005 1080
02-08-2022 0.045 0.005 900
11-16-2021 0.035 0.005 700
08-12-2021 0.027 0.005 540
05-11-2021 0.030 0.005 600
02-09-2021 0.022 0.005 440
11-12-2020 0.028 0.005 560
08-12-2020 0.023 0.005 460
05-12-2020 0.017 0.005 340
02-13-2020 0.048 0.005 960
11-13-2019 0.015 0.005 300
08-13-2019 0.019 0.005 380
05-15-2019 0.016 0.005 320
02-14-2019 0.014 0.005 280
11-13-2018 0.013 0.005 260
08-16-2018 0.011 0.005 220
06-11-2018 0.009 0.005 180
03-06-2018 0.006 0.005 120
03-02-2018 0.006 0.005 120
02-13-2018 0.007 0.005 140
As a result, the City of Modesto Utilities Department proposes to extend water infrastructure and its water service to include Stanislaus Elementary School, which is located on the north side of Kiernan Avenue and north of the northern City Limits boundary within Modesto’s approved Sphere of Influence; and the northwestern corner of Tully Road, just north of the City of Modesto’s approved Sphere of Influence, but within the City’s Water Master Plan area. The Project would mitigate 1,2,3-Trichloropropane (1,2,3-TCP) contamination within Stanislaus Elementary School’s groundwater supply. The proposed Project is a joint effort between the City of Modesto Utilities Department, State of California, Water Resources Control Board, and Self-Help Enterprises. The Project is consistent with approved planning goals and polices within the City of Modesto General Plan (2019), and the City’s Water System Master Plan (2019).

CITY OF MODESTO WATER MASTER PLAN
The City of Modesto’s Water Master Plan (WMP) establishes an improvement plan for water service to its 76,000 existing service connections and future development outlined in the City’s General Plan. Key objectives within the City’s Water Master Plan consistent with the proposed Project include the following:
- To clearly define the City’s long-term supply needs (from both groundwater and the Modesto irrigation District’s (MID’s) surface water supplies) and identify the associated infrastructure required to deliver these supplies to existing and future customers;
- To ensure adequate water infrastructure and services are available to serve new growth within the General Plan, the City’s Sphere of Influence (SOI), and the outlying service areas; - To provide transmissions and distribution pipelines to safely and reliably convey water throughout the water system; and
- To provide safe and reliable drinking water that meets regulatory water quality requirements.

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Water improvements proposed by the Project are consistent with the City of Modesto’s planned improvements within the Water Mater Plan Study Area (See Figure 4: Proposed Improvements within City of Modesto Water Master Plan). Proposed improvements within the City’s WMP, support the buildout of the City’s Sphere of Influence, which consist of the extension of 12-inch-diameter or larger water mains, fire hydrants, and valves, within the Project Location (Modesto Water Master Plan DEIR (SCH# 2016082069), 2019).

ENVIRONMENTAL SETTING

PROJECT LOCATION
The Project is within northwest unincorporated Stanislaus County in central San Joaquin Valley, “Central Valley” south and east of the Stanislaus River (See Figure 1: Regional Location Map). Portions of the Project are within city limits, unincorporated County of Stanislaus; The Project is within the Study Area of the City’s Water Master Plan. The Project is in an area that gently slopes from northeast to southwest, which occupies an east/west oriented right-of-way alignment between Sections 1 (Township 3 South, Range 8 East) and 36 (Township 2 South, Range 8 East), and Sections 6 (Township 3 South, Range 9 East) and 31 (Township 2 South, Range 9 East) Mt.

Diablo Base and Meridian. The alignment continues briefly south before terminating on Dale Road at the western end and continues briefly both south and north along Tully Road before terminating at the eastern end. It is depicted on the United States Geological Survey (USGS) Salida, California (1987) 7.5-minute topographic quadrangle.

Other cities near the Project within Stanislaus County include the City of Riverbank, approximately 5 miles east, and the City of Ripon, approximately 6.3 miles northwest. Regionally, the Project is accessible via US Highway 99 (I-99), approximately 4.1 miles west of the proposed alignment; and State Route 219 (SR-219), also known as Kiernan Avenue, where a portion of the Project Alignment is proposed. Since 1960, Stanislaus County has experienced an influx in population induced by growth pressures from the San Francisco Bay Area, resulting in nine (9) incorporated cities that make up more land area than unincorporated Stanislaus County areas. However, despite growth of urban areas, Stanislaus County remains the sixth most productive agricultural county in California; in 2015, approximately $3.9 billion in revenue was generated as result of Stanislaus County’s agricultural sector (Modesto GP EIR, 2019). This area has historically been in use for agriculture accordant with historic land use in the surrounding Central Valley. The County’s climate and gently sloping terrain make this area ideal for agricultural production for primarily deciduous fruits & nuts. The Project is located in the northwestern service area of the Stanislaus Union School District. The school district serves residents primarily within unincorporated Stanislaus County and north Modesto.

The Project will be constructed in public-right-of-way outside of travel lanes and outside of the center median for Kiernan Avenue, either within or adjacent to existing paved street areas, to the north of the Kiernan/ Carver North Comprehensive Planning District (CPD), and north of the City Limits of Modesto (See Figure 3B: City of Modesto General Plan Land Use Map). The Project proposes a 12-inch service pipe extending from the proposed water main within the Kiernan Avenue public right-of-way to the southeastern corner of Stanislaus Elementary School Property (APN 004-068-008) for water delivery to the existing school. The Project also proposes water mains connecting with the City’s existing water system within public rights-of-way for Dale Road; and Tully Road, in addition to Kiernan Avenue. These areas where the Project will be constructed are collectively referred to as the “Project Site” for CEQA analysis and as summarized as follows:

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TABLE 4: PROJECT ALIGNMENT
Public
ROW
Length
(LF1)
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>Ăƚͬ>ŽŶŐ͖
ůĞǀĂƟŽŶ Area of Disturbance
Tully
Road
~ 850 North ĨƌŽŵĞdžŝƐƟŶŐ͞ĚĞĂĚĞŶĚ͟ĐŽŶŶĞĐƟŽŶƉŽŝŶƚ,
extending east at the
southern perimeter of
Kiernan Avenue’s eastbound
ůĂŶĞƐ͖ĂŶĚĐŽŶƟŶƵŝŶŐnorth
from Kiernan Avenue’s
eastbound lane and
ƚĞƌŵŝŶĂƟŶŐŝŶƚŚĞ
northeastern corner of
Kiernan Ave. & Tully Road
ŝŶƚĞƌƐĞĐƟŽŶ͘
Beginning of proposed alignment:
>ĂƟƚƵĚĞϯϳ͘ϳϭϬϰϳϯ °N/Longitude
121.013059°W; 22-ϮϱŌD^>
Open Trenching: 6-Ōdžϴ-Ō
for 12,000 linear feet
Jack and Bore Pits:
5 Jacking Pits: 12-ŌǁŝĚĞdž
10-ŌůŽŶŐdžϭϱ-ŌĚĞĞƉ
5 Receiving Pits: 12-ŌǁŝĚĞ
Kieran x 24-ŌůŽŶŐdžϭϱ-ŌĚĞĞƉ
Avenue
~
10,730
West from Tully Road and
<ŝĞƌĂŶǀĞŶƵĞŝŶƚĞƌƐĞĐƟŽŶ͘
---
Dale
Road
~570 South from Kiernan Avenue
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End of Proposed Alignment͗>ĂƟƚƵĚĞ

37.710636 °N/Longitude -
121.050073°W; 22-ϮϱŌD^>
Reference: See Figure 2A: Water Improvements Local Vicinity Map Notes: 1) LF= Linear Feet
2) Average dimensions of trenching are 6-feet wide by 8-feet deep. 3) AMSL= Above Mean Sea Level
Tully Road is a divided two-lane County public right-of-way, classified as a minor arterial (MA) under the Stanislaus County circulation element (Stanislaus County GP, Figure II-1 Road Circulation Diagram). Tully Road is a two (2)- lane road with a center median contain turn pockets, driveway and bicycle access, and on-street parking.

Kiernan Avenue is a divided eight-lane highway with dedicated right turns and bike lanes in both directions.

Kiernan Avenue is a CALTRANS right-of-way also known as State Route 219 (SR-219) and classified as a Principal Arterial (OPA) under the Stanislaus County circulation element (Stanislaus County GP, Figure II-1 Road Circulation Diagram). Kiernan Avenue contains an unvegetated center median, bicycle lanes, turn pockets, and pedestrian access along developed portions of the right-of-way.

Dale Road is a divided four lane arterial within the Project alignment. Dale Road is a City public right-ofway, classified as a minor arterial (MA) under the Stanislaus County circulation element (Stanislaus County GP, Figure II-1 Road Circulation Diagram). Dale Road contains paved and unpaved pedestrian access along northbound and southbound lanes, and bicycle lanes.

LOCAL VICINITY
The Project is surrounded by agriculture, orchards, and low-density structures consisting of low- to mid-rise residential, commercial, industrial, institutional land uses. (Figure 2A: Water Improvements Local Vicinity Map, Figure 3A: Stanislaus County Land Use Map, Table 1: Surrounding Land Uses, and Table 2: Existing Diverse Uses within the Local Vicinity of the Project Alignment). There is a PG&E substation at the southwest corner of Kiernan Avenue and Tully Road. Stanislaus Elementary School is on the north side of Kiernan Avenue approximately 6,300 feet east of Dale Road. The closest natural landmarks to the Project are the Stanislaus River (approximately 2.8 miles north) and the Sierra Nevada Mountain Range in the East (approximately 15 miles) and the Coastal Mountains in the west (approximately 18 miles); due to distance, these natural landmarks are not visible from the Project Site.

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Existing infrastructure in the Local Vicinity follows the north/south and east west street grid established by existing roadways and includes buried sewer and 12-inch potable water pipeline, communication conduit and manmade culverts along the north and south sides of Kiernan Avenue. The unpaved median in Kiernan Avenue also serves for surface water detention. There are storm drain inlets located on the west and east side of Dale Road, near the Kiernan Avenue and Dale Road intersection. Overhead 12,000-volt and 69,000-volt electrical lines are along the south side of Kiernan Avenue, west side of Tully Road, and Dale Road. A surficial concrete-lined, irrigation system, consisting of canals and laterals, surrounding the Project in the Local Vicinity convey water from the Stanislaus River for agriculture in the local vicinity. Within the Kiernan Avenue public right-of-way, a 30-inch irrigation line runs north and south. The terrain in the Local Vicinity is flat or gently sloping toward the southwest.

PROJECT DESCRIPTION
The proposed Project is the consolidation of Stanislaus Union School District (SUSD) service area (Water System No. CA5000249) with the City of Modesto, through an extension of water service, and the abandonment of the existing Well 02. Stanislaus Elementary School is one of six schools located within SUSD (five (5) elementary schools; one (1) junior high school); however, Stanislaus Elementary School is the only school currently being serviced by Water System No. CA5000249 since it is the only school within the district located outside of Modesto’s Water System and City Limits.

PROPOSED WATER IMPROVEMENTS
Water improvements will construct a total of approximately 12,000 linear feet of 12-inch potable water pipeline along Tully Road; Kiernan Avenue; and Dale Road. See Table 4: Project Alignment. The pipeline will extend from the existing dead-end 12- inch potable water main along Tully Road, approximately 700 feet south from the Tully Road and Kiernan Avenue intersection. From the existing connection point, the potable water pipeline will continue north towards Kiernan Avenue. At the southeastern corner of the Kiernan Avenue and Tully Road intersection, a 12-inch cross connection with valves & blind flange will be installed for the pipeline to extend east along Kiernan Avenue and north along Tully Road. The pipeline will extend north for approximately 150 LF along Tully Road, terminating in the northeastern corner of the Kiernan Avenue and Tully Road intersection, where a fire hydrant will be installed to ensure proper fire flow is maintained throughout the City’s service area. The pipeline will be stubbed north of the fire hydrant for future extension and will also extend west towards Dale Road along the southside of Kiernan Avenue. The Project will install twelve (12) additional fire hydrants on the south side of Kiernan Avenue right-of-way. The pipeline will connect to another proposed 12-inch cross connection with values & blind flanges and connect with the existing dead-end 12- inch potable water main along Dale Road, approximately 570 feet from the Dale Road and Kiernan Avenue intersection. See Figure 2A- Water Improvements Local Vicinity Map.

Due to the connection to two existing dead-end 12-inch pipelines along Tully Road and Dale Road, the proposed water improvements will meet fire flow requirements (33 psi at 4,000 gpm); meet the City’s operational and performance criteria; and result in high pipeline turnover rates which benefit water quality within the distribution system. The entire alignment will be buried underground using open trench construction as well as jack and bore construction to avoid direct impacts to existing utilities and structures. Temporary areas of disturbance as a result of trenching are anticipated to be 4-feet wide and 8-feet deep along the entire 12,000 linear feet of Project Alignment, consisting of approximately 1.1 acres. Jack and bore construction will consist of not more than a total of 5 jack and bore locations, each, including two pits3 , one entry (jacking) and one exit pit. Jacking pits are approximately 12-ft wide by 10-ft long by 15-ft deep and receiving pits that are approximately 12-feet wide by 204-feet long x 15-feet deep, resulting in approximately 0.03 acres of disturbance. As a result, earthwork quantities are approximately 3,348 cubic yards (CY) of export and 4,680 CY of import. 3 For the purposes of noise, air quality/GHG, and traffic modeling, assumptions to were made about the location of jacking and receiving pits based on a “worst-case scenario”. Under “worst-case” conditions, boring locations are located closest to sensitive receptors adjacent to the Project Alignment: one (1) along the east side of Dale Road, approximately 150 feet from sensitive receptors; three (3) along the north side of Kiernan Avenue, bordering the southern perimeter of Stanislaus Elementary School, approximately 50 ft from the closest sensitive receptors; and one (1) along the west side of Tully Road, approximately 50 ft from the closest sensitive receptors.

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One service pipe will be located near the southeastern corner of the Stanislaus Elementary School property line, which will be installed using jack and bore construction. Following the installation of the Project Alignment, the existing Well 02 is intended to be abandoned. Abandonment and permanent sealing of SUSD Well 02 will occur separately from the Project in accordance with requirements set forth by the Environmental Resources Department of Stanislaus County.

PROJECT OBJECTIVES
Due to presence of 1,2,3-TCP in Well 02, the Stanislaus Elementary School’s water system needs additional water services. Therefore, the intended outcome of the proposed Project is the following:
- Provide Stanislaus Elementary School with a source of drinking water that meets water quality standards; - Provide sufficient hydraulic capacity to meet 4,000 gallons per minute (gpm) fire flow requirements while maintaining a 20-pounds per square inch (psi) residual pressure at the School; - Build a Project that is consistent with the City’s 2017 Water Master Plan (WMP) identified future improvements.

To achieve these objectives, the Project proposes to extend the City of Modesto’s Water system to the school and stop the extraction of contaminated groundwater from Well 02.

PROJECT ELEMENTS

CONSTRUCTION ACTIVITIES
Project construction is anticipated to begin in the third quarter of 2025 and conclude in the second quarter of 2026, lasting for approximately eleven months. Construction activities will occur between 7:30AM and 4:30PM, Monday through Friday; weekend work will be avoided when feasible, however, weekend or night work might occur to accommodate traffic. The installation rate of the water and sewer mains are expected to average 100 feet per day.

Construction activities will involve approximately six to eight crew members4 at any one time for a total of 16 people on the job. Crew members will get to the construction site utilizing personal vehicles, approximately 16 vehicles at any one time, accessing the construction site via local roadways (Carver Road, Dale Road, Tully Road, etc.) or regional transportation routes (State Route (SR) 99; SR 219 (Kiernan Avenue); SR 108). Personal vehicles will be parked along the Public right-of-way, adjacent to the Project Alignments within the roadway, shoulder or the streets, or in a designated laydown yard on the Stanislaus Elementary School property. Temporary fencing will be constructed around each work area to secure construction sites and prevent theft/ vandalism that has the potential to occur overnight, concluding daily construction activities. In addition to fencing, active construction will either be backfilled or covered with trench plates at the end of each day. Water for construction and potable water during construction activities will be supplied by the City of Modesto’s water system.

CONSTRUCTION EQUIPMENT
During Project implementation, construction activities will involve the utilization of various diesel-powered equipment along various segments of the Project Alignment for the duration of Project construction. Potential equipment on-site during construction includes one (1) scraper, five (5) tractors/ loaders/ backhoes, one (1) offhighway trucks, one (1) plate compactor, one (1) excavator, one (1) other material handling equipment, one (1) paving equipment, one (1) other construction equipment, two (2) pumps, one (1) skid steer loaders, one (1) surfacing equipment, one (1) rubber tiered dozer, and one (1) crane. During temporary Project construction, equipment will be kept at a designated laydown yard or the Project contractor’s own facilities. 4 The number of construction crew members is an assumption based on the scale of the proposed Project and type of infrastructure being implemented.

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STAGING
Staging areas will be located inside existing public right-of-way along various locations of the Project Alignment or on adjacent parcels. These staging locations will depend on the portion of the alignment under construction.

Staging will also be located within a portion of the Stanislaus Elementary School parking lot.

SCHEDULE AND PHASING
The Project Construction is not anticipated to be phased. As mentioned above, the contractor will lay approximately 100 feet of pipeline per day for approximately eight months until the entire Project Alignment has been implemented. Utility potholing and determining locations of existing “dead-end” connections will occur prior to open trench construction and excavation.

LONG-TERM OPERATIONS AND MAINTENANCE
The proposed Project Alignment is anticipated to be operational for 50 or more years following initial construction. The City will operate and manage the potable water conveyance pipeline to Stanislaus Elementary School, serving approximately 360 students and staff. The City of Modesto does not anticipate additional staffing needs for long-term operation and maintenance of the proposed Project. Monthly worker trips over the lifetime of the proposed Project will be required to conduct routine inspections and ensure proper long-term maintenance. Since a portion of the proposed Project will occur within the CALTRANS right-of-way (Kiernan Avenue), the City will establish a long-term maintenance agreement with CALTRANS pursuant to a parallel encroachment policy exception for an arterial.

I. Lead Agency:

The City of Modesto will be the Lead Agency for the proposed Project, pursuant to the State Guidelines for Implementation of CEQA Section 15050. Actions that would be required from the City of Modesto include, but are not limited to the following:
- Stanislaus Union School District water service area, Water System No. CA5000249, and the City of Modesto’s Water Service Area will be consolidated with a Boundary Service Agreement between City of Modesto and the Stanislaus School District that includes a condition that the School District will waive its right to contest future annexation.
- Plan check, review, and inspection of the proposed pipeline to ensure water conveyance pipelines are designed according to the City of Modesto’s Design Standards - Adoption of the Project-specific CEQA Initial Study/ Mitigated Negative Declaration J. Other Public Agencies Whose Approval is Required:
x State Water Resources Control Board, Division of Drinking Water (DDW) x Stanislaus County for Tully Avenue rehabilitation after Project construction x Pacific Gas and Electric (PG&E)
x City of Modesto Utilities Dept Engineering Services Division x City of Modesto Engineering Dept.
x City of Modesto Utilities Department Water Operations Division x Encroachment Permit from CALTRANS
x Stanislaus Union School District
FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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City of Modesto
Stanislaus Elementary School 1,2,3-TCP Mitigation Project #26..
- 1503 -
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬« Kiernan Avenue
Carver Road Carver Road
Kiernan Avenue
Dale Road Dale Road Bangs Ave Bangs Ave Pelandale Ave Pelandale Ave Claratina Ave Tully Road Tully Road
Irrigation Ditch
Modesto Main Canal
(east-west)
Lateral Number Six
Lateral Number Six
Lateral Number One
"
"
"
"
"
"
"
"
"
"
"
"
" 1
2 3
4 5 6
" 7
8 10
9" 14
11 "
12 "
17 15
13 13
16 Morrow Road Morrow Road
Dale Road
Carver Road
18 "
19 "
20 "
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Figure 2. Water Improvements
Local Vicinity Map
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project 0 0.25 0.5 0.75 1 0.125
Mile
¯
Connection Point to Existing Pipeline
Project
Stanislaus Elementary School Property Site
Business Locations *Numbers correspond withTable 2 in IS/MND "
A-2-40 (General Agriculture 40 AC)
City of Modesto & City Limits Hydrological Flowlines
A-2-10 (General Agriculture 10 AC)
City of Modesto Sphere of Influence
¬« Fire Hydrant
¬«
#26..
- 1504 -
¬«
¬«
¬« ¬« ¬« ¬« ¬« ¬« ¬« ¬« ¬« ¬« ¬« Kiernan Avenue
Carver Road Carver Road
Kiernan Avenue
Dale Road Dale Road Bangs Ave Bangs Ave Pelandale Ave Pelandale Ave Claratina Ave Tully Road Tully Road Tully Road
Morrow Road Morrow Road
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Figure 3A. Stanislaus County Land Use Map
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project 0 0.25 0.5 0.75 1 0.125
Mile ¯
¬« Fire Hydrant
ProjectHydrological FlowlinesModesto City Limits Modesto Sphere of InfluenceP| PASTUREF | FIELD CROPS D | DECIDUOUS FRUITS AND NUTSS | SEMIAGRICULTURAL AND INCIDENTAL TO AGRICULTUREUC | URBAN COMMERCIALUI | URBAN INDUSTRIALUR | URBAN RESIDENTIALUV | URBAN VACANTStanislaus Elementary School Property Site Connection Point to Existing Pipeline
Irrigation Ditch Modesto Main Canal (east-west)
Lateral Number Six
Lateral Number Six
Lateral Number One
¬«
#26..
- 1505 -
Figure 3B. City of Modesto General Plan
Land Use Map
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project ¯
Source: City of Modesto General Plan, 2019

PROJECT
#26..
- 1506 -
Kiernan Avenue
Carver Road Carver Road
Kiernan Avenue
Kaiser Permanente
Modesto
Medical Center
Dale Road Dale Road Bangs Ave Bangs Ave Pelandale Ave Pelandale Ave Claratina Ave Tully Road Tully Road
s!
ä"
Tully Road
Dale Road
Bangs Ave
Pelandale Ave
American Ave.

Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Sources: Esri, HERE,Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GISUser Community Figure 4: Proposed Improvements within City of
Modesto Water and Wastewater Master Plans
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project 0 0.15 0.3 0.45 0.6 0.075
Miles
¯
Legend
Hydrological FlowlinesCity of Modesto & City Limits
Existing Stanislaus Elementary School Property Site
Proposed Water Pipelines
Water & Wastewater Master Plan Study Area
s! Propsoed Future Well
Proposed Sewer Service Pipeline Improvement
ä" Proposed Sewer Lift Station Improvement
Lateral Number Six
Lateral Number Six
Lateral Number One
Irrigation Ditch
Modesto Main Canal
(east-west)
City of Modesto Sphere of Influence
#26..
- 1507 -
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¬«
¬«
¬«
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¬«
¬«
¬« Kiernan Avenue
Carver Road
Carver Road
Kiernan Avenue
Dale Road Dale Road Bangs Ave Bangs Ave Pelandale Ave Pelandale Ave Claratina Ave Tully Road Tully Road
Irrigation Ditch
Modesto Main Canal
(east-west)
Lateral Number Six
Lateral Number Six
Lateral Number One
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Morrow Road
Dale Road
Carver Road
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American Ave.
5 6
7 8
9 10,11
12 %2
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Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Figure 5. Photo Location Map
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project 0 0.25 0.5 0.75 1 0.125
Mile
¯
Connection Point to Existing Pipeline
Project
Stanislaus Elementary School Property Site
Photo Location
City of Modesto & City Limits
City of Modesto Sphere of Influence
Hydrological Flowlines
%2
#
Note: Boring Locations are based on "worst-case conditions" for the purposes of Air Quality/GHG and Noise modeling.

Boring Location (Entry & Receiving Pits)
¬
« Proposed Fire Hydrant
#26..
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City of Modesto
Stanislaus Elementary School 1,2,3-TCP Mitigation Project Figure 6A. Site Photos
\
Photo 1: Looking West
towards the existing SUSDowned Well 02 near the
eastern property line of
Stanislaus Elementary
School.

Photo 2: Looking
Northwest at two
tanks south of Well
02 near the eastern
property line of
Stanislaus
Elementary School.

Photo 3: Looking
East towards Well
02 above ground
appurtenances
near the eastern
property line of the
School.

Photo 4: Looking
Northeast towards Well
02 above ground
appurtenances near the
eastern property line of
the School.

Photo 5: Looking
Northwest at the static
tank located along the
eastern property line of
Stanislaus Elementary
School.

Photo 6: Looking East at on-going
construction within the parcel on the east
side of Tully Road.
\
#26..
- 1509 -
City of Modesto
Stanislaus Elementary School 1,2,3-TCP Mitigation Project Figure 6B. Site Photos
Photo 7: Looking East from
the southwestern corner
of intersection of Bangs
Ave and Carver Road.

Photo 8: Looking East along Carver
Road towards the agricultural land
uses along the eastern perimeter of
the ROW.

Photo 9: Looking East along
Carver Road towards the
agricultural land uses along the
eastern perimeter of the ROW.

Photo 10: Looking South from
the southern perimeter of
Stanislaus Elementary School
property line, towards
intersection.

Photo 11: Looking South towards the
intersection near the southwestern corner
of Stanislaus Elementary School.

Photo 12: Looking Northeast towards
the buildings directly north of Stanislaus
Elementary School drop-off line and
parking lot.
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III. FINDINGS / DETERMINATION
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ĞƐƚŚĞƟĐƐ (short-term) Agriculture & Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology & Soils Greenhouse Gas Emissions Hazards & Hazardous Materials
Hydrology & Water Quality Land Use & Planning Mineral Resources Noise WŽƉƵůĂƟŽŶΘHousing Public Services
ZĞĐƌĞĂƟŽŶ dƌĂŶƐƉŽƌƚĂƟŽŶ Tribal Cultural Resources
hƟůŝƟĞƐΘ^ĞƌǀŝĐĞ^LJƐƚĞŵƐ tŝůĚĮƌĞ Mandatory Findings of ^ŝŐŶŝĮĐĂŶĐĞ
DETERMINATION (To be completed by the Lead Agency):

On the basis of this initial evaluation:
/ĮŶĚƚŚĂƚƚŚĞƉƌŽƉŽƐĞĚProject Kh>EKdŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚĞīĞĐƚŽŶƚŚĞĞŶǀŝƌŽŶŵĞŶƚ͕ĂŶĚĂE 'd/s

DECLARATION will be prepared.
/ĮŶĚƚŚĂƚĂůƚŚŽƵŐŚƚŚĞƉƌŽƉŽƐĞĚProject ĐŽƵůĚŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚĞīĞĐƚŽŶƚŚĞĞŶǀŝƌŽŶŵĞŶƚ͕ƚŚĞƌĞǁŝůůŶŽƚďĞ ĂƐŝŐŶŝĮĐĂŶƚĞīĞĐƚŝŶƚŚŝƐĐĂƐĞďĞĐĂƵƐĞƌĞǀŝƐŝŽŶƐŝŶƚŚĞProject have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. /ĮŶĚƚŚĂƚƚŚĞƉƌŽƉŽƐĞĚProject DzŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚĞīĞĐƚŽŶƚŚĞĞŶǀŝƌŽŶŵĞŶƚ͕ĂŶĚĂŶ Es/ZKED
Ed>
IMPACT REPORT is required.
/ĮŶĚƚŚĂƚƚŚĞƉƌŽƉŽƐĞĚProject MAY have a “ƉŽƚĞŶƟĂůůLJƐŝŐŶŝĮĐĂŶƚ” or “ƉŽƚĞŶƟĂůůLJƐŝŐŶŝĮĐĂŶƚƵŶůĞƐƐŵŝƟŐĂƚĞĚ” ŝŵƉĂĐƚŽŶƚŚĞĞŶǀŝƌŽŶŵĞŶƚ͕ďƵƚĂƚůĞĂƐƚŽŶĞĞīĞĐƚϭͿŚĂƐďĞĞŶĂĚĞƋƵĂƚĞůLJĂŶĂůLJnjĞĚŝŶĂŶĞĂƌůŝĞƌĚŽĐƵŵĞŶƚ ƉƵƌƐƵĂŶƚƚŽĂƉƉůŝĐĂďůĞůĞŐĂůƐƚĂŶĚĂƌĚƐ͕ĂŶĚϮͿŚĂƐďĞĞŶĂĚĚƌĞƐƐĞĚďLJŵŝƟŐĂƟŽŶŵĞĂƐƵƌĞƐďĂƐĞĚŽŶƚŚĞĞĂƌůŝĞƌ ĂŶĂůLJƐŝƐ ĂƐ ĚĞƐĐƌŝďĞĚ ŽŶ ĂƩĂĐŚĞĚ ƐŚĞĞƚs. An ENVIRONMENTAL IMPACT REPORT is required, but it must ĂŶĂůLJnjĞŽŶůLJƚŚĞĞīĞĐƚƐƚŚĂƚƌĞŵĂŝŶto be addressed.
/ ĮŶĚ ƚŚĂƚ ĂůƚŚŽƵŐŚ ƚŚĞ ƉƌŽƉŽƐĞĚ Project ĐŽƵůĚ ŚĂǀĞ Ă ƐŝŐŶŝĮĐĂŶƚ ĞīĞĐƚ ŽŶ ƚŚĞ ĞŶǀŝƌŽŶŵĞŶƚ͕ ďĞĐĂƵƐĞ Ăůů ƉŽƚĞŶƟĂůůLJƐŝŐŶŝĮĐĂŶƚĞīĞĐƚƐ;ĂͿŚĂǀĞďĞĞŶĂŶĂůLJnjĞĚĂĚĞƋƵĂƚĞůLJŝŶĂŶĞĂƌůŝĞƌ /ZŽƌE
'd/s

>Zd/KE
ƉƵƌƐƵĂŶƚ ƚŽ ĂƉƉůŝĐĂďůĞ ƐƚĂŶĚĂƌĚƐ͕ ĂŶĚ;ďͿ ŚĂǀĞ ďĞĞŶ ĂǀŽŝĚĞĚ ŽƌŵŝƟŐĂƚĞĚ ƉƵƌƐƵĂŶƚ ƚo that earlier EIR or E
'd/s
 
>Zd/KE͕ ŝŶĐůƵĚŝŶŐ ƌĞǀŝƐŝŽŶƐ ŽƌŵŝƟŐĂƟŽŶ ŵĞĂƐƵƌĞƐƚŚĂƚ ĂƌĞ ŝŵƉŽƐĞĚ ƵƉŽŶ ƚŚĞ ƉƌŽƉŽƐĞĚ Project, nothing further is required.
___
Project Manager, Jim Alves P.E. City of Modesto Senior Civil Engineer Date

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

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

Discussion:
(1) The Lead Agency for the proposed Project is the City of Modesto. (2) City policies that would reduce, avoid, or mitigate environmental effects will continue to be in effect and therefore, would be applied to the proposed Project where appropriate. However, Project impacts would be mitigated to a less-than-significant level using proposed Mitigation Measures, which have been tailored to be specific to the Project and will not conflict with existing City policies. (3) Federal, State, regional, and Stanislaus County regulations do not create less restrictive assumptions than what is assumed in the Master EIR.
(4) No specific information concerning the known or potential presence of significant resources is identified in any reports prepared for the proposed Project, or through formal or informal input received from responsible or trustee agencies or other qualified sources. (5) The proposed Project will occur within the boundaries of the City’s planning area as established in the Urban Area General Plan.
(6) Implementation of the proposed Project will comply with all appropriate mitigating policies and numerated in the 2019 Urban Area General Plan Master EIR. A list of relevant policies are attached to this document.

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

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

Discussion:
(1) The General Plan Master EIR (SCH# 201404081) was last certified on March 5, 2019. The analysis contained in the Master EIR is adequate for subsequent Projects, as documented in the discussion below2)The Project is consistent with the analysis contained in the Master EIR. This is documented in the discussion of the 20 individual evaluation topics within this initial study. (2) There have been no substantive changes to the Urban Area General Plan since the Master EIR was certified that would create additional significant environmental effects that were not analyzed by the Master EIR.
(3) There has been no new information that would affect the adequacy of the analysis contained in the Master EIR.
(4) All policies contained in the Master EIR that require site-specific mitigation or avoidance of impacts remain in effect and will be applied to the Project as appropriate.

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

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

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

1. AESTHETICS/ VISUAL RESOURCES
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
I. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the Project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) In nonurbanized areas, substantially degrade the
existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage point). If the Project
is in an urbanized area, would the Project
conflict with applicable zoning and other
regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?

REGULATORY COMPLIANCE
California Scenic Highway Program
In 1963, the State’s Legislature passed the California’s Scenic Highway Program to protect scenic highway corridors from changes that would impact the visual aesthetics of lands surrounding highways. The program is managed by California’s Department of Transportation (Caltrans), who have taken “responsibility for the protection and enhancement of California’s natural scenic beauty by identifying those portions of the State highway system which, together with adjacent scenic corridors, require special conservation treatment” (CA DOT 2022). Caltrans coordinates with local government agencies, communities, and citizens to comply with the California Scenic Highway Program and preserve the State’s scenic resources.

DISCUSSION
a) Have a substantial adverse effect on a scenic vista? RESPONSE:

No Impact. Visually prominent features surrounding the Project Alignment consist of orchards, agricultural fields, low density, low to medium profile buildings, and commercial and industrial facilities. According to the City of Modesto’s FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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General Plan, there are no designated scenic vistas or state scenic highways in the UAGP5 planning area (Modesto GP EIR, 2019). The proposed Project will install approximately 12,000 linear feet of potable water main using open trench excavation and jack and bore construction. As a result, the pipeline will be located approximately 6 feet underground within the paved public right-of-way. The only above-ground improvements are the thirteen (13) proposed fire hydrants.

One is within the northeastern corner of the Kiernan Avenue and Tully Road intersection, on the north side of the Project and 12 new fire hydrants will be installed along the south side of Kiernan Avenue. The fire hydrants will be installed and painted with Caterpillar Yellow Polyurethane high duty industrial enamel pursuant to the City of Modesto’s Standard Specifications (Section 2.16 Permit Construction Notes, B. Water (5); Section 6.05 Design, H. Fire Hydrants). The fire hydrants are a standard above ground appurtenance that are not anticipated to detract from scenic vista. After construction is complete, areas disturbed during construction will be returned to pre-project conditions and the fire hydrants will remain to provide adequate fire flow to the Project Location. Underground or above ground Project components are not anticipated to have substantial adverse impacts to scenic resources including designated scenic vistas or viewports.

For the reasons above, no impact on existing scenic vistas are anticipated as a result of the proposed Project. No Mitigation Measures are needed.

b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
RESPONSE:

No Impact. See Response 1, a) above. The closest scenic resource to the Project Location is Stanislaus River, located approximately 2.8 miles north of the UAGP planning area; and the closest state-designated highway is Interstate 5 (I-5), approximately 23 miles west of the Project Location. Due to the Project’s Location in relation to the closest state scenic highway, no impacts are anticipated. Therefore, no Mitigation Measures are needed.

c) In nonurbanized areas, substantially degrade the existing visual character or quality of public viewsof the site and its surroundings? (Public views are those that are experiencedfrom publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality? RESPONSE:

Less than Significant Impact. The Project Location is relatively flat and surrounded by a mixture of agricultural and lowto mid-rise land uses. Public views of the Project Location and surrounding area consist of paved streets and the adjacent land and structures associated primarily with local agriculture (i.e. orchards, vacant parcels, commercial businesses, industrial operations, utilities, and institutional facilities). State Highway CA-219 (Kiernan Avenue) and the utilities along this route are visually prominent in this area due to the width of the CA-219 right-of-way, accommodating eight-lanes and a center median. The connecting east-west street grid combined with flat topography restrict public views to the view corridors created by existing arterials: Tully Road, and Dale Road and the front setbacks of adjacent parcels.

Project plans indicate that permanently modified public views are not anticipated because the Project is a buried pipeline and above ground appurtenances consisting of thirteen (13) fire hydrants within existing developed public right-of-way.

The Project will return surfaces of the public right-of-way to pre-project conditions once construction is complete; and utilize the fire hydrants for future fire suppression. The Project Alignment does not conflict with existing land use designations or requirements in the City’s Zoning Code, General Plan, Design Guidelines, and improvement programs.

Temporary impacts related to open trench construction, staging within public right-of-way and on adjacent parcels would only occur during construction and will be intermittent based on construction activities.

As a result, less than significant impacts are anticipated to occur to the existing visual character or quality of public views of the site and its surroundings. No Mitigation Measures are needed.

d) Create a new source of substantial light or glare which would adversely affect day or nighttime viewsin the area? RESPONSE:
5 UAGP is the Urban Area General Plan. As defined by the City of Modesto’s General Plan, the UAGP is defined by three subareas within Modesto’s planning area: 1) the Downtown Area, 2) the Baseline Developed Area, 3) the Planned Urbanized Area. The Project Location is located within the Planned Urbanized Area, near the northernmost boundary of the General Plan area.

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Less than Significant with Mitigation Incorporated. See Response 1, a) through c). Construction will occur during daytime hours (7:30AM- 4:30AM) on weekdays and may include weekend or night work to avoid traffic. During Project construction, equipment and vehicles with reflective surfaces resulting in new temporary sources of light and glare will be used according to agency standards. Construction is subject to an approved encroachment permit, which includes a Traffic Control Plan incorporating signage, lighting, detours and barriers, incorporating CALTRANS, City of Modesto, and County standards for safety. Due to the potential for nighttime construction, Mitigation Measure MM AES-01:

Construction Lighting Plan and MM AES-02: Coordination with Private Landowners is proposed to require that the City Engineer shall verify that plans and specifications for the Project show temporary construction lighting shielded and focused down on active areas of construction as well as downlit/shielded to reduce spillover onto the active right-of-way and adjacent properties; and coordination with private landowners occurs at least four (4) weeks prior to construction activities. The contractor is responsible for implementation and proper use of approved lighting throughout construction.

Since, the Project will construct underground infrastructure and fire hydrants that do not propose new permanent sources of substantial light or glare and do not involve substantive changes to City of Modesto operations and maintenance, less than significant long-term impacts are anticipated.

Potentially significant temporary impacts from to nighttime construction will be reduced to less than significance with the implementation of Mitigation Measure MM AES-01: Construction Lighting Plan and MM AES-02: Coordination with Private Landowners, which will be implemented throughout the duration of construction activities.

MITIGATION MEASURES
MM AES-01: Construction Lighting Plan- Prior to Project approval, the City of Modesto Utilities Department shall verify that Plans and Specifications for the Project show temporary lighting measures prior to and throughout nighttime construction activities (dusk to dawn) which minimize lighting on adjacent parcels. Plans and Specifications for the Project shall include directing light sources away from residential properties and structures that may be occupied on a 24-hour basis such as hotels. City inspectors shall verify that uplighting is minimized to the maximum extent by angling light sources down and fitting light sources with covered bulbs, shields, and dimmers and temporary boundary fencing around active areas of construction throughout the duration of nighttime construction.

MM AES-02: Coordination with Private Landowners- At least four (4) weeks prior to the start of construction, the City and the contractor shall coordinate with private owners and obtain written landowner approval for construction activities on private property in the form of a signature on the plan sheet showing the proposed work. Restoration work on private property shall be agreed upon approved by the landowner and the City in advance of construction. Restoration shall be certified by the landowner and the City upon completion as adequately meeting the City’s private landowner’s requirements.

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2. AGRICULTURE AND FORESTRY RESOURCES
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland.

In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code Section 12220(g)), timberland
(as defined by Public Resources Code
Section 4526), or timberland zoned Timberland
Production (as defined by Government Code
Section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use or conversion of forest
land to non-forest use?

REGULATORY COMPLIANCE
The California Land Conservation Act or Williamson Act
The California Land Conservation Act or Williamson Act was established after World War II in response to increasing conservation pressures on agricultural lands. The Act allows local agencies to contract with private landowners, allowing reduced property tax in exchange for restricting use of land for agriculture or open space only. In 1965, Assembly Bill 1227 was enacted to establish a contract process to manage the rate of conservation of agricultural lands to urban uses. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing the quality of agricultural land and level of impacts on agriculture and environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project; and the forest carbon measurement methodology providing in Forest Protocols adopted by the California Air Resources Board.

Natural Resource Conservation Service (NRCS)
NRCS offers technical and financial assistance to farmers and ranchers under the 2014 Farm Bill. Established in 1935 as the Soils Conservation Service Agency, within the United States Department of Agriculture, NRCS provides technical and financial support for soils and related natural resource conservation on private lands. NRCS maintains a web database of soils maps.

NRCS soil maps for land surrounding the Project indicate fertile soils conducive to farming.

DISCUSSION
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shownon the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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RESPONSE:

Less than Significant Impact. Agriculture is the County’s leading sector for economic growth, generating over $3.8 billion in 2015 (Stanislaus County GP EIR, 2016; Modesto GP EIR, 2019) and comprising significant acreage in use as farmland within Stanislaus County. As such, the County and City of Modesto have deployed various polices aiding in the conservation and protection of agricultural land and operations. Policies include buffers around adjacent agricultural land uses, support for the continuation of agricultural uses, and ensuring land use compatibility enables continuation of agricultural uses through minimization of conflict. In 2016, the City’s current General Plan reported that the County contained approximately 249,967 acres of Prime Farmland, 33,172 acres of Farmland of Statewide Importance, 116,210 acres of Unique Farmland, and 26,029 acres of Farmland of Local Importance (California Department of Conservation, 2016; Modesto GP EIR, 2019).

The Project is proposed for construction within existing developed areas, primarily paved public right-of-way, as shown on the Department of Conservation Farmland Mapping and Monitoring Program’s California Important Farmland Finder Website (CA Department of Conservation, 2015; See Figure 7. Farmland Adjacent to the Project Alignment). Therefore, the Project will not directly convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to alternative uses. The Project will be implemented within the existing right-of-way, and avoiding the median and travel lanes, and on a portion of Assessor’s Parcel Number (APN) 004-068-008 designated as Urban and Built-Up Land6 , within
the Stanislaus Elementary School property boundaries (Modesto GP EIR- Figure V-4-1: Important Farmland Within City of Modesto Planning Area). The pipeline will directly serve Stanislaus Elementary School with potable water, replacing the groundwater well at this site; therefore, a service pipe will connect to the school’s infrastructure on the southeastern corner of School’s property and be installed using jack and bore construction beneath Kiernan Avenue.

The Project is located adjacent to agricultural land uses and will be implemented within existing road rights-of-way and urban/ built up land with no direct impacts on agriculture. The Project will implement BMPs and mitigation measures during construction so that there will be no indirect impacts on adjacent farmland. The Project does not propose to convert agricultural land uses to developed land uses. Due to consistency between the Project and the General Plan and Water Master Plan, the Project is not considered growth inducing and will not result in significant indirect impacts on Farmland. The Project is a planned extension of water services that supports the planned buildout of the approved General Plan and City of Modesto Water Master Plan.

For these reasons, Project impacts on Farmland are considered to be less than significant and Project implementation will not result in conversion of agricultural land.

b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? RESPONSE:

Less than Significant with Mitigation Incorporated. See Response 2, a). According to the City of Modesto’s Water Master Plan, Figure 5-2: Williamson Act Contracts, the Project Alignment is adjacent to land designated under the Williamson Act Contract along the south side of Kiernan Avenue (APN 046-006-002, -032); the north side of Kiernan Avenue (APN 046-069-042; and 003-009-036, -046); west side of Tully Road (APN 046-006-011); and east side of Tully Road (APN 046- 006-012) (See Figure 7. Farmland Adjacent to the Project Alignment). The 12,000 linear feet of potable water main will stay within the bounds of the public right-of-way and will implement BMPs to confine construction impacts within the developed right-of-way with less than significant impacts on the surrounding areas. Staging areas will be located along various portions of the Project Alignment and will not occur outside of the public right-of-way. However, to avoid and minimize conflicts between agricultural production and non-agricultural uses during Project construction, Mitigation Measure MM AG-01: Buffer and Setback Guidelines will be implemented, which will require the Project contractor to implement a 6-foot-high fence; litter control and other maintenance standards such as post-construction sweeping, clean-up drips and leaks, etc. pursuant to Mitigation Measure MM HYDRO-02: StormwaterBMPs throughout Project Construction.

With the implementation of mitigation measures, the Project will not conflict with existing zoning for agricultural use or a Williamson Act contract (See Figure 2A. Water Improvements Local Vicinity Map; Figure 7. Farmland Adjacent to the 6 According to the Department of Conservation, Urban Built-Up Land is land that is occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel. This land is used for residential, industrial, commercial, construction, institutional, public administration, railroad and other transportation yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, water control structures, and other developed purposes (CA Department of Conservation, n.d.) FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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Project Alignment) and Mitigation Measure MM AG-01: Buffer and Setback Guidelines and MM HYDRO-02: Stormwater BMPs throughout Project Construction implemented during construction activities.

c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public ResourcesCode Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?
RESPONSE:

No Impact. According to the Stanislaus County GP EIR, Stanislaus County does not include lands zoned for forestland or timberland; therefore, no impacts on these resources would occur. As a result, no impacts to timberland, or timberland zoned Timberland Production are anticipated. No Mitigation Measures are needed.

d) Result in the loss of forest land or conversion of forest land to non-forest use? RESPONSE:

No Impact. According to the Stanislaus County GP EIR, Stanislaus County does not include forestland; therefore, no impacts on these resources are anticipated. No Mitigation Measures are needed.

e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use RESPONSE:

No Impact. The Project is located within paved right-of-way that is maintained by CALTRANS (Kiernan Avenue), County (Tully Road), and City (Dale Road). The Project is proposed to carry out city plans outlined in the City General Plan and Water Master Plan. Changes associated with construction will occur entirely within the public right-of-way, which will be returned to preconstruction conditions upon completion of construction with the exception of a fire hydrants that will be installed with the Project. Fire hydrants are standard city infrastructure which will be used for future fire suppression associated with the planned buildout of the approved local land use plans. Therefore, localized changes due to Project implementation will not result in Farmland or forest land conversion to non-agricultural or non-forest use. Likewise, there will be no indirect impacts in this regard due to Project consistency with the applicable Water Master Plan document. Therefore, no impact is anticipated, and no additional Mitigation Measures are needed.

MITIGATION MEASURE
MM AG-01: Buffer and Setback Guidelines- Throughout Project construction and earthworks, the City Inspectors shall verify that Project contractor incorporates and implements the following measures where portions of the Project Alignment and the adjoining agricultural operation share a common parcel line:
- Buffer: Establish a 6-foot-high chain link fence with a shade cloth between construction activities within the public right-of-way and agricultural land uses;
- Refuse Disposal and Containers: Refuse containers with fastened lids shall be placed and used in areas of active construction and staging. Refuse containers shall be emptied and the refuse removed from the construction areas and disposed of off-site at an appropriate disposal site at the end of each day. - Site Inspections: At the beginning and end of each day, the Project contractor shall conduct a site inspection so that all debris is removed from the Project Site.

See Mitigation Measure MM HYDRO-02: Stormwater BMPs throughout Project Construction in Section 10) Hydrology and Water Quality.

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¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
¬«
Kiernan Avenue
Carver Road
Dale Road Dale Road Bangs Ave Pelandale Ave Pelandale Ave Claratina Ave Tully Road Tully Road
Morrow Road
American Ave.

Bangs Ave
APN 046-006-002
APN 046-006-024
APN 046-006-025
APN 046-006-032
APN 046-006-021 APN
046-006-026
Carver Road APN
046-006-023
Tully Road APN 046-006-011 APN 046-006-012
APN 046-069-042
APN 003-009-036
APN
003-009-046
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Figure 7. Farmland Adjacent to the Project Alignment
City of Modesto
Stanislaus Elementary School 123-TCP Mitigation Project 0 0.25 0.5 0.75 1 0.125
Mile
¯
Legend
¬« Fire Hydrant
ProjectHydrological FlowlinesPrime FarmlandGrazing LandVacant or Disturbed Land Rural Residential LandSemi-agricultural and Rural Commercial LandUrban and Built-Up LandModesto City Limits Modesto Sphere of Influence Stanislaus Elementary School Property Site Connection Point to Existing Pipeline Irrigation Ditch
Modesto Main Canal
(east-west)
Lateral Number Six
Lateral Number Six
Lateral Number One
Source: CA Department of Conservation,
Williamson Act Enrollment Finder, 2022
Williamson Act Contract Land (CA DOC 2022)
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¬«
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3. AIR QUALITY
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the Project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
Project region is non-attainment under an
applicable federal or state ambient air quality
standard?
c) Expose sensitive receptors to substantial
pollutant concentrations?
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial
number of people?

REGULATORY COMPLIANCE
Federal and State Ambient Air Quality Standards
The Federal Clean Air Act was first implemented by the U.S. Environmental Protection Agency (EPA) in 1970 to enforce federal ambient air quality standards (NAAQS) for six criteria air pollutants, which include particulate matter of aerodynamic radius of 10 micrometers or less (PM 10), particulate matter of aerodynamic radius of 2.5 micrometers of less (PM 2.5), carbon monoxide (CO), nitrogen dioxide (NO2), ground-level ozone, and lead. Federal standards are designed to protect public health and the environment with a reasonable margin of safety (Reference Table 5: Federal and State Pollutant Standards).

TABLE 5: FEDERAL AND STATE POLLUTANT STANDARDS

Air Pollutant
ŽŶĐĞŶƚƌĂƟŽŶͬǀĞƌĂŐŝŶŐdŝŵĞ

DŽƐƚZĞůĞǀĂŶƚ
īĞĐƚ

California Standards
Federal Primary Standards

Ozone (O3)

0.09 ppm/1-hour

0.07 ppm/8-hour

0.070 ppm/8-hour
(a) Decline in pulmonary
ĨƵŶĐƟŽŶĂŶĚůŽĐĂůŝnjĞĚůƵŶŐ
edema in humans and animals;
(b) Risk to public health implied
ďLJĂůƚĞƌĂƟŽŶƐŝŶƉƵůŵŽŶĂƌLJ
morphology and host defense
in animals;
(c) Increased mortality risk;
(d) Risk to public health implied
ďLJĂůƚĞƌĞĚĐŽŶŶĞĐƟǀĞƟƐƐƵĞ
metabolism and altered
pulmonary morphology in
ĂŶŝŵĂůƐĂŌĞƌůŽŶŐ-term
exposures and pulmonary
ĨƵŶĐƟŽŶĚĞĐƌĞŵĞŶƚƐŝŶ
chronically exposed humans;
;ĞͿsĞŐĞƚĂƟŽŶĚĂŵĂŐĞ͖ĂŶĚ
(f) Property damage.

Carbon Monoxide (CO)

20.0 ppm/1-hour

9.0 ppm/8-hour

35.0 ppm/1-hour

9.0 ppm/8-hour
;ĂͿŐŐƌĂǀĂƟŽŶŽĨĂŶŐŝŶĂ
pectoris and other aspects of
coronary heart disease;
(b) Decreased exercise
tolerance in persons with
peripheral vascular disease and
lung disease;
(c) Impairment of central
ŶĞƌǀŽƵƐƐLJƐƚĞŵĨƵŶĐƟŽŶƐ͖ĂŶĚ
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(d) Possible increased risk to
fetuses.

Nitrogen Dioxide (NO2)

0.18 ppm/1-hour

0.03 ppm/annual
100 ppb/1-hour

0.053 ppm/annual
;ĂͿWŽƚĞŶƟĂůƚŽĂŐŐƌĂǀĂƚĞ
chronic respiratory disease and
respiratory symptoms in
ƐĞŶƐŝƟǀĞŐƌŽƵƉƐ͖
(b) Risk to public health implied
by pulmonary and extrapulmonary biochemical and
cellular changes and pulmonary
structural changes; and
;ĐͿŽŶƚƌŝďƵƟŽŶƚŽĂƚŵŽƐƉŚĞƌŝĐ
ĚŝƐĐŽůŽƌĂƟŽŶ͘
Sulfur
Dioxide
(SO2)

0.25 ppm/1-hour

0.04 ppm/24-hour
75 ppb/1-hour

0.14 ppm/annual
;ĂͿƌŽŶĐŚŽĐŽŶƐƚƌŝĐƟŽŶ
accompanied by symptoms
which may include wheezing,
shortness of breath and chest
ƟŐŚƚŶĞƐƐ͕ĚƵƌŝŶŐĞdžĞƌĐŝƐĞŽƌ
ƉŚLJƐŝĐĂůĂĐƟǀŝƚLJŝŶƉĞƌƐŽŶƐǁŝƚŚ
asthma.
^ƵƐƉĞŶĚĞĚWĂƌƟĐƵůĂƚĞDĂƩĞƌ
(PM10) 50 μg/m3/24-hour
20 μg/m3/annual
150 μg/m3/24-hour
;ĂͿ
džĂĐĞƌďĂƟŽŶŽĨƐLJŵƉƚŽŵƐŝŶ
ƐĞŶƐŝƟǀĞƉĂƟĞŶƚƐǁŝƚŚ
respiratory or cardiovascular
disease;
(b) Declines in pulmonary
ĨƵŶĐƟŽŶŐƌŽǁƚŚŝŶĐŚŝůĚƌĞŶ͖
(c) Increased risk of premature
death from heart or lung
diseases in elderly.
^ƵƐƉĞŶĚĞĚWĂƌƟĐƵůĂƚĞDĂƩĞƌ
(PM2.5) 12 μg/m3 / annual 35 μg/m3/24-hour
12 μg/m3/annual
Sulfates 25 μg/m3/24-hour No Federal Standards
;ĂͿĞĐƌĞĂƐĞŝŶǀĞŶƟůĂƚŽƌLJ
ĨƵŶĐƟŽŶ͖
;ďͿŐŐƌĂǀĂƟŽŶŽĨĂƐƚŚŵĂƟĐ
symptoms;
;ĐͿŐŐƌĂǀĂƟŽŶŽĨĐĂƌĚŝŽpulmonary disease;
;ĚͿsĞŐĞƚĂƟŽŶĚĂŵĂŐĞ͖
;ĞͿĞŐƌĂĚĂƟŽŶŽĨǀŝƐŝďŝůŝƚLJ͖
(f) property damage.

Lead 1.5 μg/m3/30-day 0.15 μg/m3/3-monthrolling ;ĂͿ>ĞĂƌŶŝŶŐĚŝƐĂďŝůŝƟĞƐ͖(b) Impairment of blood ĨŽƌŵĂƟŽŶĂŶĚŶĞƌǀĞ
ĐŽŶĚƵĐƟŽŶ͘

sŝƐŝďŝůŝƚLJZĞĚƵĐŝŶŐWĂƌƟĐůĞƐ

džƟŶĐƟŽŶĐŽĞĸĐŝĞŶƚ of 0.23
per kilometer-visibility of 10
miles orŵŽƌĞĚƵĞƚŽƉĂƌƟĐůĞƐ
when humidity is lessthan 70
percent.

No Federal Standards
Visibility impairment on days
ǁŚĞŶƌĞůĂƟǀĞŚƵŵŝĚŝƚLJŝƐůĞƐƐ
than 70 percent.

Source : https://ww2.arb.ca.gov/sites/default/files/2020-07/aaqs2.pdf The California Air Resources Board (CARB) and the EPA designate air basin boundaries across the state for the purpose of regulating air quality pursuant to the Clean Air Act through monitoring, permitting, and establishing standards for criteria pollutants. California air quality standards (CAAQS) that are established by CARB and air quality monitoring provides feedback on the effectiveness of the State Implementation Plan (SIP) for attainment of NAAQS and CAAQS pursuant to the Clean Air Act. Section 176(c) of the Federal Clean Air Act specifically prohibits federal participation in any project that is in conflict with the SIP. Air basins exceeding established standards are designated as “nonattainment” areas. If there is inadequate or inconclusive data to make a definitive attainment designation, they are considered “unclassified.” National nonattainment areas are further designated as marginal, moderate, serious, severe, or extreme according to the extent of deviation from standards. Each standard has unique criteria for attainment, based on specific air quality statistics related to levels of probable health risk and potential environmental damage (CARB). Table 6: San Joaquin Valley Air Pollution Control District Attainment Status displays the current attainment standards of SJVAPCD.

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TABLE 6 : SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTIRCT ATTAINMENT STATUS Pollutant State Status &ĞĚĞƌĂůƩĂŝŶŵĞŶƚ^ƚĂƚƵƐ
Ozone- One hour No Federal Standard EŽŶĂƩĂŝŶŵĞŶƚͬ^ĞǀĞƌ Ozone- Eight hour EŽŶĂƩĂŝŶŵĞŶƚͬ
džƚƌĞŵĞ EŽŶĂƩĂŝŶŵĞŶƚ
PM10 ƩĂŝŶŵĞŶƚ EŽŶĂƩĂŝŶŵĞŶƚ
PM2.5 EŽŶĂƩĂŝŶŵĞŶƚ EŽŶĂƩĂŝŶŵĞŶƚ
Carbon Monoxide (CO) ƩĂŝŶŵĞŶƚͬhŶĐůĂƐƐŝĮĞĚ ƩĂŝŶŵĞŶƚͬhŶĐůĂƐƐŝĮĞĚ Nitrogen Monoxide (NO) ƩĂŝŶŵĞŶƚͬhŶĐůĂƐƐŝĮĞĚ ƩĂŝŶŵĞŶƚ Sulfur Dioxide (SO2) ƩĂŝŶŵĞŶƚͬhŶĐůĂƐƐŝĮĞĚ ƩĂŝŶŵĞŶƚ
Lead EŽĞƐŝŐŶĂƟŽŶͬůĂƐƐŝĮĐĂƟŽŶ ƩĂŝŶŵĞŶƚ
,LJĚƌŽŐĞŶ^ƵůĮĚĞ No Federal Standard hŶĐůĂƐƐŝĮĞĚ
Sulfates No Federal Standard ƩĂŝŶŵĞŶƚ
sŝƐŝďŝůŝƚLJZĞĚƵĐŝŶŐWĂƌƟĐůĞƐ No Federal Standard hŶĐůĂƐƐŝĮĞĚ Vinyl Chloride No Federal Standard ƩĂŝŶŵĞŶƚ
Source: SJVAPCD 2020.

San Joaquin Valley Air Pollution Control District
The Project is within the San Joaquin Valley Air Pollution Control District (SJVAPCD) Jurisdiction. The District extends over eight counties within California’s Central Valley region (approximately 250 miles long). SJVAPCD’s responsibilities as an Air Pollution Control District are to protect public health while developing effective, active air pollution controls for economic prosperity and growth opportunities with the Central Valley. SJVAPCD regulates air quality in the basin by monitoring and reporting levels of ten criteria air pollutants within its jurisdiction and by setting standards for achieving compliance with state and federal air quality regulations for each criteria pollutant in addition to their own significance thresholds (See Table 7: SJVAPCD Air Quality Significance Thresholds and Table 5: Federal and State Pollutant Standards). SJVAPCD operates a total of 38 air monitoring stations throughout San Joaquin Valley. Air monitoring sites are operated in collaboration with California Air Resources Board (CARB), the National Park Services, and tribal nations (Valley Air District 2022).

TABLE 7 : SJVAPCD AIR QUALITY SIGNIFICANCE THRESHOLDS
ŝƌYƵĂůŝƚLJdŚƌĞƐŚŽůĚƐŽĨ^ŝŐŶŝĮĐĂŶĐĞ
Pollutant/ Precursor ŽŶƐƚƌƵĐƟŽŶ
ŵŝƐƐŝŽŶƐ KƉĞƌĂƟŽŶĂů
ŵŝƐƐŝŽŶƐ
WĞƌŵŝƩĞĚ
ƋƵŝƉŵĞŶƚĂŶĚĐƟǀŝƟĞƐ Non-WĞƌŵŝƩĞĚ
ƋƵŝƉŵĞŶƚĂŶĚĐƟǀŝƟĞƐ
Emissions (tons/ year) Emissions (tons/year) Emissions (tons/ year) CO 100 100 100
NOx 10 10 10
ROG 10 10 10
SOx 27 27 27
PM10 15 15 15
PM2.5 15 15 15
ŝƌYƵĂůŝƚLJdŚƌĞƐŚŽůĚƐŽĨ^ŝŐŶŝĮĐĂŶĐĞ– Toxic Air Containments Carcinogens Maximally Exposed Individual risk equals or exceeds 20 in one million Non-Carcinogens Acute: Hazard index equals or exceeds 1 for the Maximally Exposed Individual Chronic: Hazard Index equals or exceeds 1 for the Maximally Exposed Individual Source: http://www.valleyair.org/transportation/ceqa_idx.htm SJVAPCD regulations target activities known to contribute to high levels of criteria pollutant emissions. Source pollutants are grouped into two categories, either point source or non-point source and are regulated through discretionary review and approvals. The SJVAPCD process allows for review of proposed activities and conditional approval incorporating emissions reduction measures to achieve pollutant attainment and maintenance of air quality standards of the SIP adopted by the State Air Resources Board (ARB) and U.S. EPA. Projects that propose to construct, modify, or operate a facility that may emit pollutants from a stationary source into the atmosphere, must obtain an Authority to Construct, and thereafter a Permit to Operate from the District, which may require implementation of BMPs or conditions of approval with projects to target specific criteria pollutants and reduce emissions. Likewise, local agencies work cooperatively with SJVAPCD through the discretionary entitlement process to incorporate BMPs and conditions of approval for construction activities and long-term operations.

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Pursuant to U.S Environmental Protection Agency’s (EPA) health-based national air quality standards (NAAQS) established by the Clean Air Act for criteria pollutants, the District has adopted 650 rules that have significantly reduced emission levels to comply with EPA’s NAAQS standards and the SIP. Rules that are typically applicable to infrastructure projects include but are not limited to the following:

District Rule 4101 Visible Emissions- This rule prohibits the emissions of visible air contaminants to the atmosphere. The rule prohibits the discharge into the atmosphere from any single source of emission, any air contaminant, other than uncombined water vapor, for a period or periods aggregating more than three (3) minutes in any one hour which is as dark or darker in shade as that designated as No. 1 on the Ringelmann Chart.

Rule 4102 Nuisance- The purpose of this rule is to protect the health and safety of the public. The rule prohibits anyone from discharging air contaminants or other materials which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such person or the public or which cause or have a natural tendency to cause injury or damage to business or property. The provisions of this rule do not apply to odors emanating from agricultural operations in the growing of crops or raising of fowl or animals.

Rule 4601 Architectural Coatings- The purpose of this rule is to limit VOC emissions from architectural coatings by regulating the storage, cleanup, and labeling requirements. Painting Practices: The rule requires that all containers containing architectural coatings (including any volatile material used for thinning or cleanup) be closed when not in use. The rule also sets limits on the number of VOCs in architectural coating and prohibits thinning such that the limits would be exceeded.

Rule 4641, Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations- This rule limits VOC emissions by restricting the application and manufacturing of cutback asphalt8, slow cure asphalt, or emulsified asphalt.

Rule 4702 Internal Combustion Engines (Certified Equipment for Internal Combustion Engines)- This rule requires stationary engines to meet certain exhaust limits for NOx and CO, but these limits are not applicable to standby engines as long as they are used fewer than 200 hours per year (e.g., for testing during non-emergencies).

District Regulation II (Permits)- District Regulation II (Permits) applies to permitted emission sources and includes rules such as SJVAPCD permit requirements (Rule 2010), New and Modified Stationary Source Review (Rule 2201), and implementation of Emission Reduction Credit Banking (Rule 2301). Many industrial projects and some commercial projects require SJVAPCD permits. Rule 2010 states that “any person who plans to or does operate, construct, alter, or replace any [permanent] source of emission of air contaminants” must obtain approval of the Air Pollution Control Officer and receive an Authority to Construct and a Permit to Operate.

District Regulation II ensures that stationary source emissions will be reduced or mitigated to below the SJVAPCD’s significance thresholds. However, the Lead Agency can, and should, make an exception to this determination if special circumstances suggest that the emissions from any permitted or exempt source may cause a significant air quality impact.

For example, if a source may emit objectionable odors, then odor impacts on nearby receptors should be considered a potentially significant air quality impact.

SJVAPCD implementation of New Source Review (NSR) ensures that there is no net increase in emissions above specified thresholds from New and Modified Stationary Sources for all nonattainment pollutants and their precursors. Furthermore, in general, permitted sources emitting more than the NSR Offset Thresholds for any criteria pollutant must offset all emission increases in excess of the thresholds. However, under certain circumstances, the SJVAPCD may be precluded by state law or other SJVAPCD rule requirements from requiring a stationary source to offset emissions increases.

District Regulation VIII (Fugitive PM10 Prohibition)- The purpose of Regulation VIII (Reg. VIII) is to reduce ambient concentrations of fine particulate matter (PM10) by requiring actions to prevent, reduce or mitigate anthropogenic fugitive dust emissions. Reg. VIII requires property owners, contractors, developers, equipment operators, farmers and public agencies to control fugitive dust emissions from specified outdoor fugitive dust sources.

District Rule 9510 (Indirect Source Review)- District Rule 9510 (ISR) is intended to reduce a project’s impact on air quality through project design elements or mitigation by payments of applicable off-site mitigation fees. Compliance with Rule 9510 will reduce construction exhaust NOx and PM10 emissions by 20 percent and 45 percent respectively. Compliance with Rule FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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9510 will reduce operational emissions of NOx and PM10 emissions by 33.3 percent and 50 percent respectively. Individual development projects would be subject to ISR requirements.

The ISR rule also applies to any transportation or transit project where construction exhaust emissions equal or exceed two (2.0) tons NOx or two (2.0) tons of PM10. For projects subject to District Rule 9510, the SJVAPCD recommends that demonstration of compliance with District Rule 9510, including payment of all applicable fees before issuance of the first building permit, be made a condition of project approval.

It should be noted that although compliance with District Rule 9510 substantially reduces project specific impacts on air quality, it may not be sufficient to reduce project specific emissions to less than significant levels.

District Rule 9410 (Employer Based Trip Reduction)- The eTRIP Rule (Rule 9410, Employer Based Trip Reduction), requires larger employers to establish an Employer Trip Reduction Implementation Plan (eTRIP). An eTRIP is a set of measures that encourages employees to use alternative transportation and ridesharing for their morning and evening commutes. Each measure contributes to a workplace where it is easier for employees to choose to use ridesharing or alternative transportation. Through this rule, single-occupancy vehicle trips are reduced, thus reducing emissions of oxides of nitrogen (NOx), volatile organic compounds (VOC) and particulate matter (PM).

EXISTING CONDITONS
The nearest air monitoring station to the Project is the Modesto Monitoring Station (Modesto Station). The Modesto Station is located approximately 4.89 miles southeast of the Project at 814 14th Street, Modesto. Data was also taken from the Turlock – S Minaret Street Monitoring Station (Turlock Station) located approximately 18.21 miles southeast of the Project at 900 S Minaret Street, Turlock, since the monitoring stations closest to the Project Site do not monitor all criteria pollutants.

During the 2020 to 2022 monitoring period the following occurred at the Modesto Station each year, the State 1-hour concentration standard for ozone was exceeded between one and three days; State 8-hour ozone standard has been exceeded between five and 13 days each year over the past three years at the Modesto Station; the Federal 8-hour ozone standard was exceeded between four and 13 days each year over the past three years;. the State 24-hour concentration standards for PM10 was exceeded between 38 and 80 days each year over the last three years. Over the past three years at the Modesto Station, the Federal 24-hour standards for PM10 were exceeded by only seven days in 2020; and the Federal 24-hour standard for PM2.5 was exceeded between ten and 25 days each year.

DISCUSSION
The responses within this section are based on the Air Quality, Global Climate Change, and Energy Impact Analysis, received December 14th, 2023, revised October 4, 2024, for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project by Ganddini Group (Appendix A). The study was performed to address the possibility of regional/local air quality impacts and global climate change impacts for short-term Project construction and long-term operations7 The study provides calculated emissions estimates generated from latest CalEEMod computer model for evaluation of Project consistency with local (SJVAPCD) and national NAAQ standards that have been established for achieving healthful air. a) Conflict with or obstruct implementation of the applicable air quality plan? RESPONSE:

Less than Significant Impact with Mitigation Incorporated.

Short-term Construction Emissions
Construction-related criteria pollutant emissions for the construction of the proposed Project are shown below in Table 8:

Construction Related Regional Pollutant Emissions. Based on anticipated Project construction, none of the analyzed criteria pollutants would exceed the SJVAPCD regional emissions thresholds. Project construction will contribute to PM10 an PM2.5 emissions during construction due to dust earthwork and pavement demolition and restoration as well as from diesel equipment use. Since the Project is located in a non-attainment area for PM10 and PM2.5, Mitigation Measure MM AQ-01 is recommended to implement dust control and implement equipment idling restrictions that will reduce the contribution of PM10 and PM2.5 from the Project.
7 Air quality/GHG, modeling, assumptions were based on a “worst-case scenario”. Under “worst-case” conditions, including earthwork associated with up to five (5) jack and bore locations ; therefore, air quality/ GHG modeling over estimated emissions related to Project construction.

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TABLE 8: CONSTRUCTION RELATED REGIONAL POLLUTANT EMISSIONS Activity Pollutant Emissions (pounds/day)
ROG NOx CO SO2 PM10 PM2.5
Maximum Daily Emissions1 0.31 2.79 3.15 0.01 0.34 0.20
SJVAPCD Thresholds 10 10 100 27 15 15
Exceeds Thresholds? No No No No No No
Source: CalEEMod Version 2022.1.1.13
Notes: See Appendix A (Air Quality Global Greenhouse Gas Emissions, Energy Impact Analysis, Ganddini, 2024) (1) Includes both on-site and off-site emissions. On -site grading PM-10 and PM-2.5 emissions show compliance with SCAQMD Rule 403 for fugitive dust.

Project emissions that were generated by CalEEMod were also compared with Federal conformity de minimus standards and are presented in Table 9: Federal Conformity Analysis and De Minimus Thresholds in tons per year (tpy) for the SJVAB. Table 9 shows that Project-related construction emissions would be less than the de minimus thresholds for all pollutants; the Project is therefore exempt from performing a comprehensive Air Quality Conformity Analysis and would be considered to be in conformity with the SIP, with less than significant impacts pursuant to federal standards from 40 CFR 93.153.

TABLE 9: FEDERAL CONFORMITY ANALYSIS AND DE MINIMUS THRESHOLDS Activity Pollutant Emissions (pounds/day)
ROG NOx CO SO2 PM10 PM2.5
De Minimus Threshold 1 0.31 2.79 3.15 0.01 0.34 0.20
SJVAPCD Thresholds2 10 100 100 100 100 70
Exceeds Thresholds? No No No No No No
Source: CalEEMod Version 2022.1.1.28
Notes: See Appendix A (Air Quality Global Greenhouse Gas Emissions, Energy Impact Analysis, Ganddini, 2024) (1) Federal General Conformity thresholds obtained from 40 CFR 93.153; (2) Includes both on-site and off-site emissions. On-site PM2.5 and PM-10 emissions show compliance with SJVAPCD Regulation VIII for fugitive dust.

Long-term Operational Emissions
To conduct routine inspections and ensure proper long-term maintenance, the long-term operation of the Project will require a minimal number of monthly worker trips. Additional staffing needs for long-term operation and maintenance of the proposed Project are not anticipated. Therefore, operational emissions associated with the proposed Project would be negligible and would not be anticipated to exceed SJVAPCD regional thresholds or de minimus thresholds for federal conformity. Operation of the proposed Project would result in a less than significant regional air quality impact.

The proposed Project is that of the installation of a new water pipeline and additional City staffing needs for the long-term operation and maintenance of the Project are not anticipated. The operation of the Project is anticipated to include only monthly worker trips in order to conduct routine inspections and ensure proper long-term maintenance. Therefore, as the Project operation includes only a negligible amount of monthly maintenance trips, The Project will not generate measurable long-term traffic; therefore no CO “hot spot” modeling was not necessary, and no significant long-term air quality impact is anticipated to local air quality with the on-going use of the proposed Project.

As a result of the reasons above, the Project does not anticipate significant impacts to applicable air quality plans. No Mitigation Measures are needed.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or state ambient air quality standard? RESPONSE:

Less than Significant Impact. See Section 3. a). As stated in the SJVAPCD Guidance for Assessing and Mitigating Air Quality Impacts, when assessing whether there is a new significant cumulative effect, the Lead Agency shall consider whether the incremental effects of the Project are cumulatively considerable. “Cumulatively considerable” means that the incremental effects of an individual Project are significant when viewed in connection with the effects of past Projects, the effects of other current Projects, and the effects of probable future Projects [CCR §15064(h)(1)]. Per CEQA Guidelines §15064(h)(3) a Lead Agency may determine that a Project’s incremental contribution to a cumulative effect is not FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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cumulatively considerable if the Project will comply with the requirements in a previously approved plan or mitigation program, including, but not limited to an air quality attainment or maintenance plan that provides specific requirements that will avoid or substantially lessen the cumulative problem within the geographic area in which the Project is located.

Any proposed development Project within the jurisdiction of SJVAPCD that would individually have a significant air quality impact would also be considered to have a significant cumulative air quality impact. Therefore, if a Project is significant based on the SJVAPCD thresholds of significance for criteria pollutants, then it is also cumulatively significant.

The proposed Project does not exceed SJVAPCD or federal air quality thresholds. The Project will contribute dust and diesel emissions during construction within an air basin that is in non-attainment status for PM10 and PM2.5. As a result, the Project would result in a less than significant cumulative impact for operational emissions. Mitigation Measure MMAQ-01 is proposed to reduce dust and equipment emissions by implementing appropriate dust control best management practices, such as regular sweeping of track-out areas, covered haul loads and cover stockpiles, as well as check equipment idling so that equipment that is not actively in use is not left idling more than 5 minutes. Therefore, less than significant short-term impacts are expected.
c) Expose sensitive receptors to substantial pollutant concentrations? RESPONSE:

Less than Significant Impact.

Short-term Construction Emissions
Regulation of exposure to substantial pollutant concentrations targets health effects from criteria pollutant emissions.

The applicable significance thresholds that are established for regional compliance with the state and federal ambient air quality standards are intended to protect public health from both acute and long-term health impacts form pollutant exposure. Because Project-related short-term and long-term emissions of criteria pollutants would be below the applicable thresholds, the Project would not expose sensitive receptors to substantial pollutant concentrations.

Therefore, significant adverse impacts as a result of Project construction are not anticipated.

Long-term Operational Emissions
Long-term operation of the proposed Project includes only monthly worker for routine inspections and maintenance, which would be substantially similar to existing conditions. Therefore, regional emissions of criteria pollutants during operation of the Project would be anticipated to be below the applicable thresholds and would not contribute toward significant exposure to pollutants or incrementally to cumulatively significant pollutant levels and nonattainment of the ambient air quality standards. Therefore, significant adverse impacts to sensitive receptors as a result of substantial pollutant concentrations is not anticipated.

As a result, less than significant impacts are anticipated. No Mitigation Measures are needed.

d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? RESPONSE:

Less than Significant Impact.

Short-term Construction Emissions
Potential sources that may emit odors during construction activities include the application of materials such as asphalt pavement. The Project would not be a permanent source of odor emissions and the objectionable odors that may be produced during the construction process are short-term in nature; the odor emissions are expected to cease upon the drying or hardening of the odor-producing materials. Due to the short-term nature and limited amounts of odorproducing materials being utilized, no significant impact related to odors would occur during the construction of the proposed Project. Diesel exhaust and VOCs that would be emitted during construction of the Project, may be objectionable to some; however, emissions would disperse rapidly from the Project Site and therefore should not reach an objectionable level at the nearest sensitive receptors.

Long-term Operational Emissions
The proposed Project is the consolidation of Stanislaus Union School District (SUSD) service area (Water System No.

CA5000249) with the City of Modesto, through an extension of water and wastewater services. The proposed Project is neither a generator of odor emissions nor is it a sensitive receiver of existing odor emissions. Therefore, per the guidance FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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identified in the SJVAPCD Guidance for Assessing and Mitigating Air Quality Impacts, no significant impact related to odors would occur during the on-going operations of the proposed Project.

As a result, less than significant impacts are anticipated from the proposed Project; no Mitigation Measures are needed.

MITIGATION MEASURE
MM AQ-01: Dust Control and Construction Emissions- Throughout Project construction the contractor shall implement appropriate dust control best management practices, such as regular sweeping of track-out areas, covered haul loads and covered stockpiles, as well as check equipment idling so that equipment that is not actively in use is not left idling more than 5 minutes.

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4. BIOLOGICAL RESOURCES
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
IV. BIOLOGICAL RESOURCES – Would the Project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan

REGULATORY COMPLIANCE
Federal Endangered Species Act
The Endangered Species Act (ESA) was enacted in 1973 and establishes protections for fish, wildlife, and plants that are listed as threatened or endangered along with the ecosystems these species depend on (16 U.S.C. 1531-1544) (USFWS 2023). The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Services (NMFS) share the responsibility for implementing the ESA. Generally, USFSW oversees terrestrial and freshwater species, while the NMFS manages marine and anadromous species. USFWS was consulted regarding federally listed species and Critical Habitat occurring within proximity with the Project. Correspondence from USFWS dated October 8, 2024, can be found in Appendix B and includes Information for Planning and Consultation with USFW (IPaC) regarding biological resources under jurisdiction of USFWS, threatened, endangered, proposed and candidate species and critical habitat, that may be affected by the proposed Project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.) and has been incorporated into Table 10: Potentially Occurring Sensitive Biological Resources.

Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) of 1918 establishes a conservation treaty intended to promote the sustainability of populations of protected migratory bird species. The MBTA prohibits killing, capture, selling, trading, and transport of protected migratory bird species without prior authorization by the Department of Interior U.S. Fish and Wildlife (USFWS 2023). In addition, the MBTA makes it unlawful to remove nests, eggs, and feathers from any of the species protected under the act.

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Migratory bird species that are protected by law depend on the bird family and species included in the four international treaties (Canada in 1916; Mexico in 1936; Japan in 1972; Russia in 1976). This list can be found under Title 50 Part 10.13 (10.13 list), which was last updated in 2020 to incorporate current scientific information on taxonomy and natural distribution. The MBTA applies to almost all avian species that are native to California. A migratory bird species is included on the list if it meets on one more of the following criteria:

1. It occurs in the United States or U.S. territories as the result of natural biological or ecological processes and is currently, or was previously listed as, a species or part of a family protected by one of the four international treaties or their amendments.

2. Revised taxonomy results in it being newly split from a species that was previously on the list, and the new species occurs in the United States or U.S. territories as the result of natural biological or ecological processes.

3. New evidence exists for its natural occurrence in the United States or U.S. territories resulting from natural distributional changes and the species occurs in a protected family.

The Migratory Bird Treaty Reform Act amends the MBTA so that nonnative birds or birds that have been introduced by humans to the United States or its territories are excluded from protection under the MBTA.

California Fish and Game Code
The California Fish and Game Code is composed of various statues that aid in the protection of biological resources, including Native Plant Protection Act (NPPA) of 1977 and the California Endangered Species Act (CESA) (California Fish and Game Code Sections 2050-2098). The NPPA designated plants as rare or endangered and prohibits the take of any such plants, unless authorized in limited circumstances by the Fish and Game Commission. CESA prohibits public agencies from approving projects that could jeopardize species listed under CESA as engendered or threatened.

In addition, California Fish and Game Code protects native and migratory birds including nests and eggs in addition to protecting various mammals (Section 4700), amphibians (Section 5050), and fish species (Section 5515). For this reason, California Fish and Game Code requires that California Department of Fish and Wildlife be notified of lake or streambed alteration activities. If activities are determined to adversely affect existing fish and wildlife resources by CDFW, a streambed alteration agreement must be authorized to ensure the protection of biological resources and water quality.

Stanislaus County General Plan
The Conservation/Open Space Element of the Stanislaus County General Plan is a framework designed to safeguard and manage the natural resources and open spaces located within the County. It encompasses the identification and mapping of key natural resources, including wildlife habitats, water bodies, and agricultural lands. The plan outlines strategies for sustainable resource management, prioritizing environmental protection with policies to maintain water and air quality and control pollution. A significant focus is placed on preserving open spaces for ecological values, including zoning regulations that support conservation and designating areas specifically for this purpose. Additionally, the plan emphasizes public access to these spaces to ensure sustainability and recreational opportunities and ongoing monitoring and adaptive management to address evolving environmental challenges.

City of Modesto General Plan
There are eight (8) habitat types identified within the City’s plan area: Valley Foothill Riparian, Riverine, Fresh Emergent Wetland and Vernal Pool, Grassland, Pasture, Cropland, Orchard-Vinyard, and Urban. Most of these are associated with the Stanislaus River. The most applicable habitat types to the Project are Cropland, Orchard-Vineyard, and Urban, which have the capacity to provide habitat for nesting, foraging and dispersal of species of rodents, birds, raptors, and deer that have adapted to urban and disturbed environments. The City of Modesto General Plan requires biological assessments of development to determine impacts and appropriate mitigation measures for biological resources within the boundaries of its plan area. The Project is consistent with the General Plan and Water Master Plan regarding the permanent location and size of the water mains within the arterial streets where the Project will be implemented and would not require substantive changes from existing city operations and maintenance of the water system. For this reason, the discussion in this section focuses on temporary, short-term construction impacts.

DISCUSSION
The responses within this section are based on the Biological Resources Assessment for the “Proposed Stanislaus Elementary School Waterline Improvements Project” conducted by ELMT Consulting dated December 11th, 2023, and revised on October FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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5, 2024 (Appendix B). The report includes a field habitat assessment conducted on December 5th, 2023, by Project Biologist Jacob H. Llyod Davies, to document baseline conditions and assess the potential for special-status8 plant and wildlife species to occur within the proposed Project Location that could pose a constraint to implementation of the Project. Standard field guides and texts were reviewed for specific habitat requirements of special-status and non-special-status biological resources, as well as the following resources:
- Google Earth Pro historic aerial imagery (1985-2023); - United States Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS), Soil Survey3; - query of the CDFW’s QuickView Tool in the Biogeographic Information and Observation System (BIOS); - CNDDB Rarefind 5, the California Native Plant Society’s (CNPS) Electronic - Inventory of Rare and Endangered Vascular Plants of California, Calflora Database, - Compendia of special-status species published by CDFW; - the United States Fish and Wildlife Service (USFWS) species listings; - USFWS Critical Habitat designations for Threatened and Endangered Species; and - USFWS Endangered Species Profiles.
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identifiedas a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? RESPONSE:

Less than Significant with Mitigation Incorporated. Based on the literature review of the California Natural Diversity Database (CNDDB) and California Native Plant Society’s (CPNS) Electronic Inventory, there are no areas within proximity of the Project with habitat that has been designated for conservation or regulatory protections; furthermore, no specialstatus plant species or special-status plant communities are recorded within the Salida quadrangle where the Project is located. The Project is proposed within existing paved right-of-way and based on a field survey and database review of the areas surrounding the Project have no habitat under conservation due to association with candidate, sensitive or special status species that have been identified pursuant to local or regional plans, policies or regulations pertaining to the Project location. According to the Stanislaus County General Plan and the City of Modesto General Plan, the closest sensitive habitat is north and upstream from the Project along the Stanislaus River. The Project will implement BMPs to eliminate off-site/indirect impacts on Riparian and Riverine habitats and will have no potential to impact these areas.

Project implementation will not result in either direct or indirect impacts to habitat that is identified as sensitive or associated with candidate, sensitive or special status species in local or regional plans or by CDFW or USFWS. The Project is not located within federally designated Critical Habitat. The nearest Critical Habitat designation is located approximately 7 miles to the southeast for conservancy fairy shrimp (Branchinecta conservation) associated with vernal pools and will not be impacted by the Project.

Due to the location of the Project within mapped agricultural, Orchard and Cropland, preliminary research identified nineteen (24) special-status wildlife species, as having potential to occur within proximity of the Project, within the Salida USGS 7.5-minute quadrangle. (See Table 10: Potentially Occurring Sensitive Biological Resources). Areas that are adjacent to the Project have the potential to support threatened, endangered, proposed and candidate species pursuant to Section 7(C) of the Endangered Species Act of 1973 and the MBTA.

The Status of wildlife species at the Project Location is described in the following paragraphs:
8 As used in this report, “special-status” refers to plant and wildlife species that are federally and State listed, proposed, or candidates; plant species that have been designated with a California Native Plant Society Rare Plant Rank; wildlife species that are designated by the CDFW as fully protected, species of special concern, or watch list species; and specially protected natural vegetation communities as designated by the CDFW.

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Fish, Amphibians, Reptiles
No fish, amphibians, reptiles, or hydrogeomorphic features (e.g., perennial creeks, ponds, lakes, reservoirs) that would provide suitable habitat for fish were observed on or within the vicinity of the site during field surveys. Therefore, no fish are expected to occur and are presumed absent.

Birds
Bird species, which are adapted to Urban, Cropland, and Orchards were detected during the field investigation and include Cooper’s hawk (Accipiter cooperii), California scrub-jay (Aphelocoma california), red-tailed hawk (Buteo jamaicensis), killdeer (Charadrius vociferans), yellow-rumped warbler (Setophaga coronate), European starling (Sturnus vulgaris), and white-crowned sparrow (Zonotrichia leucophrys). Cooper’s hawk is a special-status wildlife species listed on the California Watch List that was observed foraging near the Project location during the field survey, although not included in the research results of the CNDDB Salida quadrangle as potentially occurring at the Project Site. Research for the Project indicates Swainson’s hawk may occur in this area; however, it was not observed during the field survey.

The Swainson’s hawk (Buteo swainsoni) is listed as a California state threatened species under the California Endangered Species Act. While perching opportunities are present along the existing roadways, no suitable foraging or nesting habitat is present for these species where active construction or staging for the Project will occur. Suitable foraging and nesting habitat occurs within the active agricultural lands and ornamental landscaping in the surrounding area; Fish and Game Code sections 3503, 3503.5, 3515, 4150 and 4152 are applicable to the Project and mitigation measures are proposed to prevent take and provide protection to nongame birds, migratory birds, birds of prey, their nests, and eggs that may be in areas that are adjacent to the Project. Due to the likelihood of nesting birds and birds of prey adjacent the Project area, all future potential activities that may incur a direct or indirect take to nongame birds within proximity must be implemented for avoidance, minimization, and/or mitigation of potentially significant impacts. Therefore, Mitigation Measure MM BIO-01: Pre-construction Bird and Wildlife Clearance Surveys, Training, Monitoring, and Inspections includes preconstruction surveys, daily site inspections, and monitoring if needed. In addition, MM BIO-02: Swainson’s hawk requires preconstruction surveys consistent CDFW accepted protocol for Swainson’s hawk. Proposed areas of disturbance for construction within paved and developed areas, would not result in direct significant impacts consisting of the removal of foraging or nesting habitat for local avian species beyond perching opportunities.

Surrounding agriculture and ornamental landscaping provide viable nesting habitat for year-round and seasonal avian residents, as well as migrating songbirds that could occur in the area that are adapted to routine disturbance. In addition, suitable nesting opportunities for raptors occur throughout adjacent areas, and disturbed land surrounding the site has the potential to provide suitable nesting opportunities for ground-nesting species such as killdeer, which was observed in adjacent to the Project Location. Nesting birds and some raptors are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513) which prohibit the take, possession, or destruction of migratory birds, their nests, or eggs. California Fish and Game Codes protects the nests of any bird. Construction within proximity of active nests, is a potentially significant impact of the Project. Therefore, Mitigation Measures MM BIO-01 Pre-construction Bird and Wildlife Clearance Surveys, Monitoring, and Inspections and MM BIO-02 Swainson’s hawk will be conducted by the City’s Biologist. Pre-construction surveys will be provided (15) fifteen and (3) three days prior to any vegetation removal or ground disturbing activities to ensure that no nesting birds or raptors will be disturbed during construction t
. Implementation of MM BIO-01 Pre-construction Bird and Wildlife Clearance Surveys, Monitoring, and Inspections and MM BIO-02 Swainson’s hawk will reduce potentially significant impacts to less than significance.

Mammals
The Project is proposed within developed right-of-way and will not directly change foraging or cover habitat for local mammalian species; however, mammals may utilize agriculture and landscaped areas for foraging in adjacent areas, which may be temporarily and indirectly impacted by noise and increased activity from Project construction. Trash generated during construction may attract mammals that are accustom to high levels of human activity. Likewise, staging, stockpiles and temporary trenches could contribute to entrapment if not properly secured. No mammalian species were detected during the field investigation. Common mammalian species that may be expected to occur include coyote (Canis latrans), opossum (Didelphis virginiana), and raccoon (Procyon lotor). In addition, local bat species such as western red bat (Lasiurus frantzii) that are adapted to routine disturbance may utilize surrounding agriculture and ornamental landscaping for roosting purposes. Project impacts are less than significant with the implementation of Mitigation Measure MM BIO-01: Pre-construction Bird and Wildlife Clearance Surveys, Training, Monitoring, and Inspections, which will require daily routine inspections by the contractor and handling by the City’s biologist should wildlife be encountered during construction.

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TABLE 10: POTENTIALLY OCCURRING SENSITIVE BIOLOGICAL RESOURCES Scientific Name
Common Name
Status Habitat Observed
On-Site
Potential to Occur
Acipenser
medirostris pop.
1 green sturgeonsouthern DPS
Fed: THR
CA: None
San Joaquin and Delta River systems. Spawn primarily in the upper mainstem of the Sacramento River but can also be
found spawning in the Yuba and Feather Rivers. Remain in freshwater for a few years, then migrate to saltwater to feed, grow, and mature. Adults enter San Francisco Bay
between mid-February and early May and migrate
upstream to spawn. Congregate in bays and estuaries in
Washington, Oregon, and California in the summer and fall, and northern Vancouver Island, B.C. in the winter and
spring.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Actinemys
marmorata
Northwestern
pond turtle
Fed:

Proposed
THR
CA: None
Inhabits a variety of aquatic environments, primarily in the western United States and northern Baja California,
Mexico.

Their preferred habitats include slow-moving freshwater bodies such as ponds, lakes, marshes, and streams with
abundant vegetation and basking sites. These turtles are often found in areas with muddy or sandy bottoms, where aquatic plants thrive, providing both food and cover. They rely on open, sunny spots for basking to regulate their body temperature but also need nearby hiding places like logs, overhanging banks, or dense vegetation for protection
from predators. Terrestrial environments near water are equally important for nesting and overwintering, as females lay their eggs in well-drained, open soil away from aquatic habitats. This species thrives in areas with a balance of aquatic and terrestrial features.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Agelaius tricolor
tricolored
blackbird
Fed:

None
CA: THR;
SSC
Range is limited to the coastal areas of the Pacific coast of North America, from Northern California to upper Baja
California. Can be found in a wide variety of habitat
including annual grasslands, wet and dry vernal pools and other seasonal wetlands, agricultural fields, cattle feedlots, and dairies. Occasionally forage in riparian scrub habitats along marsh borders. Basic habitat requirements for
breeding include open accessible water, protected nesting substrate (freshwater marsh dominated by cattails, willows, and bulrushes [Schoenoplectus sp.]), and either flooded or thorny or spiny vegetation and suitable foraging space
providing adequate insect prey
No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Ambystoma
californiense
pop. 1 California
tiger
salamandercentral
California DPS
Fed: THR
CA: THR;
WL
Can be found in annual grasslands and oak woodlands
with hot, dry summers and cool, rainy winters. Reside
underground throughout most of the year in abandoned
small mammal burrows. Require ephemeral pools for
breeding.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Bombus
caliginosus
obscure bumble
bee
Fed:

None
CA: None
Colonial species found along the western coast between
British Columbia, Canada, and California. Inhabits native grasslands, coastal scrub, and open woodland with high
flowering plant diversity and successional flower
availability. This species typically nests underground, often utilizing abandoned rodent burrows, and prefers welldrained soils that are easy to excavate for nesting.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Bombus crotchii
Crotch bumble
bee
Fed:

None CA:

CE
Colonial species that lives almost exclusively from coastal California east towards the Sierra-Cascade Crest and can be found uncommonly in western Nevada and south
No Presumed Absent.

There is no suitable
habitat present within
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Scientific Name
Common Name
Status Habitat Observed
On-Site
Potential to Occur
through Baja California. Inhabits grassland and scrub
habitats in hotter and drier climates than most other
bumblebee species and is only capable of tolerating a
narrow range of climatic conditions. This species usually nests underground, often in abandoned rodent dens
or adjacent to the
Project Location.

Bombus
pensylvanicus
American
bumble bee
Fed:

None
CA: None
Prefers farmlands, meadows, grasslands, and open fields.

Nests below grass or underground. Feeds on pollen of a
wide variety of flowering plants including vetches, clovers, goldenrods, and many crop species.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Branchinecta
lynchi
Vernal pool fairy
shrimp
Fed: THR
CA: None
Associated with vernal pools. Can be found in association with other ephemeral habits including alkali pools,
seasonal drainages, stock ponds, vernal swales, and rock outcrops.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Buteo swainsoni
Swainson’s hawk
Fed:

None CA:

THR
Typical habitat is open desert, grassland, or cropland
containing scattered, large trees or small groves. Breeds in stands with few trees in juniper-sage flats, riparian areas, and in oak savannah in the Central Valley. Forages in
adjacent grassland or suitable grain or alfalfa fields or livestock pastures.

No Low. Suitable perching
opportunities are
present within the
Project Location and
suitable foraging
habitat is present in
the surrounding area.

No suitable nesting
opportunities are
present. This species is
only expected to occur
on-site incidentally
while foraging nearby.

Danaus
plexippus
Monarch
butterfly
Fed:

Candidate
CA: None
Wide range of habitats due to its migratory nature.

Monarchs are found in open fields, meadows, prairies, and along roadsides where milkweed plants grow, which are
crucial for egg-laying and caterpillar development. In their summer breeding grounds, they prefer areas rich in
nectar-producing flowers, such as wildflowers, and warm climates that support their growth. During migration,
monarchs often stop in coastal areas, forests, and urban gardens. Their overwintering habitat, however, is more
specialized: in North America, they gather in dense fir and pine forests in the mountains of central Mexico, seeking cool, humid microclimates that help them conserve
energy. These diverse habitats, both in breeding and
overwintering, are vital to the monarch's survival.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Desmocerus
californicus
dimorphus
valley elderberry
longhorn beetle
Fed: THR
CA: None
Found only within the valley floor and lower foothill region within riparian and foothill oak communities in the Central Valley, of California. Dependent on elderberry as host
plant.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Entosphenus
tridentatus
pacific lamprey
Fed:

None CA:

SSC
Spend most of their lives in freshwater streams before
entering the ocean as adults. Young lamprey burrow in
muddy bottoms of backwater pools and eddies. Spawn in
medium and large-sized, low-gradient rivers and streams.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Hysterocarpus
traskii traskii
Sacramento-San
Joaquin tule
perch
Fed:

None
CA: None
Found in deep waters of low-elevation lakes, streams, and estuarine environments. Require cool, well-oxygenated
water. Occupy deep pools with complex vegetative cover.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Lavinia
exilicauda
Fed:

None
Inhabits warm, lowland waters, including clear streams, turbid sloughs, lakes, and reservoirs. Generally found in No Presumed Absent.

There is no suitable
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Scientific Name
Common Name
Status Habitat Observed
On-Site
Potential to Occur
exilicauda
Sacramento
hitch
CA: SSC pools or runs among aquatic vegetation associated with streams.
habitat present within
or adjacent to the
Project Location.

Lepidurus
packardi
Vernal pool
tadpole shrimp
Fed: END
CA: SSC
Is an aquatic crustacean that inhabits temporary
freshwater environments, particularly seasonal vernal
pools in California's Central Valley. These pools form
during the rainy season and are characterized by shallow, ephemeral water bodies that dry up during the warmer
months. Tadpole shrimp are well-adapted to these
unpredictable conditions, thriving in pools with muddy or clay-rich substrates. They rely on the short-lived nature of these pools, which limits predation by fish and other
aquatic predators. The species is typically found in areas where the pools have little to no vegetation, though algae and microorganisms serve as their primary food sources.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Lytta moesta
moestan blister
beetle
Fed:

None
CA: None
General habitat appears to be grasslands and vernal pools, but details are lacking. Adults are thought to feed primarily on legumes in the genera Lupinus and Trifolium but have also been documented feeding on non-native Erodium
species. Juveniles are thought to parasitize solitary bee species.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Mustela frenata
xanthogenys San
Joaquin longtailed weasel
Fed:

None
CA: None
Occurs in woodlands, thickets, and open areas such as
farmland, usually near a water source. Uses abandoned
mammal burrows to den, preferably under stumps or
beneath rock piles.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Mylopharodon
conocephalus
hardhead
Fed:

None
CA: SSC
Found at low to mid-elevations in relatively undisturbed large stream habitat with high water clarity. Limited to well-oxygenated streams and reservoir surface waters.

Common in small aggregations in pools and runs during
the day. Primarily bottomfeed but can feed on drifting
material and insects at the water’s surface.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Oncorhynchus
mykiss irideus
pop. 11
steelhead –
central valley
DPS
Fed:

None
CA: SSC
Occurs primarily in tailwaters of dammed rivers,
undammed creeks and four hatchery-supported systems
of Battle Creek, and the Feather, American, and
Mokelumne Rivers.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Oncorhynchus
tshawytscha
pop. 13 Chinook
salmon-central
valley fall/late
fall-run ESU
Fed:

None
CA: SSC
Spend early life growing and feeding in freshwater
streams, estuaries, and associated wetlands. Adults live in coastal oceanic areas. This population includes naturally spawned spring-run individuals, originating from the
Sacramento River and its tributaries, as well as the Feather River Hatchery program.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Phrynosoma
blainvillii coast
horned lizard
Fed:

None
CA: SSC
Occurs in a wide variety of vegetation types including
coastal sage scrub, annual grassland, chaparral, oak
woodland, riparian woodland and coniferous forest. In
inland areas, this species is restricted to areas with
pockets of open microhabitat, created by disturbance (i.e. fire, floods, roads, grazing, fire breaks). The key elements of such habitats are loose, fine soils with a high sand fraction; an abundance of native ants or other insects; and open areas with limited overstory for basking and low, but relatively dense shrubs for refuge.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Pogonichthys
macrolepidotus
Sacramento
splittail
Fed:

None
CA: SSC
Primarily inhabits slow-moving or still waters, such as lakes, large rivers, and reservoirs. Dense aquatic
vegetation is required to provide shelter, breeding
grounds, and forage. Capable of tolerating a range of
turbidity and temperature variations, but prefer clearer, No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

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Scientific Name
Common Name
Status Habitat Observed
On-Site
Potential to Occur
warmer waters. Often found in deeper waters with
substrates composed of mud, sand, or gravel.

Rhaphiomidas
trochilus San
Joaquin Valley
giant flowerloving fly
Fed:

None
CA: None
Inhabits arid or semi-arid environments such as deserts and scrublands characterized by low vegetation and open spaces. Adapted to high temperatures and low humidity.

Presumed to be a generalist nectivore preferring large, brightly colored flowers. Larvae likely develop in sandy soils.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Spea hammondii
Western
spadefoot
Fed:

Proposed
THR
CA: SSC
Prefers open areas with sandy or gravelly soils, in a variety of habitats including mixed woodlands, grasslands, coastal sage scrub, chaparral, sandy washed, lowlands, river
floodplains, alluvial fans, playas, alkali flats, foothills, and mountains. Rainpools which do not contain bullfrogs, fish, or crayfish are necessary for breeding.

No Presumed Absent.

There is no suitable
habitat present within
or adjacent to the
Project Location.

Source: (ELMT, 2023). See Appendix B
Notes:

U.S. Fish and Wildlife
Service (Fed) -
Federal
END- Federal
Endangered
THR- Federal
Threatened
California Department of Fish and Wildlife (CA) -
California
END- California Endangered
THR- California Threatened
Candidate- Candidate for listing
under the California
Endangered Species Act
FP- California Fully Protected
SSC- Species of Special Concern
WL- Watch List
California Native Plant Society
(CNPS)
California Rare Plant Rank
1B Plants Rare, Threatened, or
Endangered in California and
Elsewhere
2B Plants Rare, Threatened, or
Endangered in California, But More
Common Elsewhere
3 Plants About Which More
Information is Needed – A Review
List
4 Plants of Limited Distribution – A
Watch List
CNPS Threat Ranks

0.1- Seriously threatened in
California

0.2- Moderately threatened in
California

0.3- Not very threatened in
California
b) Have a substantial adverse effect on any riparian habitat or othersensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? RESPONSE:

Less Than Significant Impact. Upon the review of USFWS NWI and USGS National Hydrology, one (1) riverine resource within proximity of the Project was mapped as occurring roughly adjacent to the north of a portion of Kiernan Avenue near the location where the Project will be implemented; however, this feature occurs outside of the limits of disturbance for construction and mitigation measures MM HYDRO-01: Local SWPPP and MM HYDRO-02: Stormwater BMPs Throughout Project Construction. will be implemented to eliminate erosion and water quality impacts outside of active construction and staging areas. No impacts to this feature will occur. In addition, several blueline streams and riverine resources are also mapped in the surrounding area, all of which correlate to a network of canals that support irrigation for local agriculture.

No impacts are anticipated to occur to riparian habitat or other sensitive natural communities in local or regional plans, policies, regulations or by the California Department of Fish Game or U.S. Fish and Wildlife Service. Chapter 15 of the City of Modesto’s Municipal Code requires compliance with the Clean Water Act through water quality management and erosion control for all construction. The contractor will be required to implement a Local Storm Water Pollution Prevention Plan including BMPs throughout construction to reduce impacts on riparian habitat and other sensitive offsite and downstream resources. The long-term operation and maintenance of the Project will not result in substantive changes to the existing maintenance currently implemented by the city. Therefore, significant impacts will not result from Project implementation.

c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? RESPONSE:

No Impact. No jurisdictional drainage and/or wetland features were found where the Project will be constructed.

According to field investigation and review of USFWS National Wetland Inventory (NWI) and Environmental Protection Agency (EPA) Water Program “My Waters” data layers for the Project, in addition to one (1) riverine resource mapped of Kiernan Avenue, there are several blueline streams and riverine resources are also mapped in the Local Vicinity, all of FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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which correlate to a network of canals that support irrigation for local agriculture. Since the City of Modesto requires implementation of a Local SWPPP, no impacts to Corps, Regional Board, or CDFW jurisdictional features will occur due to project implementation. Regulatory approvals will not be required, and no further surveys are recommended for jurisdictional delineation of state or federally protected wetlands.

As a result, no impacts are anticipated; therefore, no Mitigation Measures are needed.

d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? RESPONSE:

No Impact. The proposed Project has not been mapped as occurring within any recognized wildlife corridor or linkage.

According to CDFW, the nearest mapped wildlife corridor to the site occurs approximately 1.75 miles to the north and upstream within and along the Stanislaus River, beyond existing development and active agriculture. No impacts to any mapped wildlife corridors will occur from Project implementation. The site does occur in proximity to a variety of land uses that provide movement and stopover opportunities for local wildlife; Project activities will be confined to developed land and will implement mitigation measures MM BIO-01: Pre-construction Bird and Wildlife Clearance Surveys, Training, Monitoring, and Inspections, therefore less than significant impacts to suitable migratory or stopover habitat are expected to occur.

No Mitigation Measures are needed.

e) Conflict with any local policies or ordinancesprotecting biological resources, such as a tree preservation policy or ordinance?
RESPONSE:

No Impact. The proposed Project does not anticipate the removal of trees due to Project activities. Therefore, conflicts with local tree preservation policies or ordinances are not anticipated. Therefore, no impacts are anticipated. No Mitigation Measures are needed.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? RESPONSE:

No Impact. The Project Alignment does not occur within or adjacent to any areas designated for conservation. Therefore, project implementation will not result in impacts to areas covered under the Conservation/Open Space Element of the Stanislaus County General Plan.

MITIGATION MEASURE
MM BIO-01: Pre-construction Bird and Wildlife Clearance Surveys, Training, Monitoring, and Inspections a) Migratory Birds and Birds of Prey Survey and Report: Pre-construction clearance surveys shall be conducted fifteen (15) days and three (3) days prior to construction, for nesting migratory birds, raptors, and birds of prey, by the City’s Qualified Biologist. A negative survey report from the City’s Qualified Biologist shall be on file with the City prior to the start of any vegetation removal or ground disturbing activities so that no nesting birds, including birds of prey or raptors, will be disturbed during construction. The City’s Biologist conducting the clearance survey should document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur and copies of the report kept on file in the construction management office for the Project and at City Hall. If there is a lapse in construction longer than 7 days, pre-construction surveys and reports shall be repeated by the City’s Qualified Biologist and kept on file with the City and construction management office. b) Crew Training: Crew training shall be provided by the City’s Qualified Biologist prior to construction to inform construction staff of the types of birds and wildlife that may be encountered during construction and the appropriate next steps that should be taken to avoid take. c) Active Nests: If an active avian nest is discovered, construction activities should stay outside of a no-disturbance buffer established by the City’s Qualified Biologist. The size of the no-disturbance buffer will be determined by the City’s Qualified Biologist and will depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration of construction activity, ambient noise, FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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species habituation, and topographical barriers. These factors will be evaluated on a case-by-case basis when developing buffer distances. Limits of construction to avoid an active nest will be established and installed by the City’s Qualified Biologist in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas.
d) Monitoring and Inspections: The contractor shall inspect construction and materials staging/stockpiles daily at the start and end of each day for wildlife and verify that storage areas are covered and secured, and that debris/refuse is removed from the job site daily. If wildlife is encountered within construction and staging areas, the contractor shall immediately contact the City’s Qualified Biologist to determine and implement appropriate handling, establishment of a buffer, and next steps for passive relocation and entrapment prevention. A biological monitor should be present to delineate the boundaries of buffer areas and to monitor any type of wildlife present near construction so that active nests, protected species, and nesting behavior are not adversely affected by the construction activity. Once the young have fledged and left the nest, or the nest otherwise becomes inactive or wildlife is protected under natural conditions, construction activities within the buffer area can occur. If wildlife is encountered within construction areas or within buffers, the City’s Qualified Biologist shall be immediately notified to determine and implement the appropriate next steps.

MM BIO-02: Swainson’s hawk:
a) Swainson’s hawk: Prior to start of construction, a preconstruction Swainson’s Hawk survey shall be conducted within a minimum of a half-mile radius around the Project in accordance with the five-period schedule, provided by the Swanson’s Hawk Technical Advisory Committee, as follows:
• January to March 20- One (1) Survey, All Day
• March 20 to April 5- Three (3) Surveys, Sunrise to 1000 / 1600 to Sunset • April 5 to April 20- Three (3) Surveys, Sunrise to 1200 / 1630 to Sunset • April 21 to June 10- Monitoring
• June 10 to July 30- Three (3) Surveys, Sunrise to 1200 / 1600 to Sunset b) Swainson’s hawkNests: If an occupied nest of the SWHA is found and may be impacted by construction, the City’s Biologist should consult with CDFW and demonstrate compliance with CESA. In addition, the City’s Biologist shall establish an adequate buffer between construction activities and the active nests that will prevent disruption of the nests until the young have fledged the nests.

5. CULTURAL RESOURCES
Issues
Potentially
Significant
Impact
Less than
Significant
Impact with
Mitigation
Incorporated
Less than
Significant
Impact No Impact
V. CULTURAL RESOURCES. Would the Project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§ 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5?
c) Disturb any human remains, including those
interred outside of dedicated cemeteries?

REGULATORY COMPLIANCE
California Public Resources Code 15064.5
The following regulations are applicable to cultural resources that could be found at the Project location:

California Code of Regulations Title 14 Subsection 15064.5 generally defines historically significant cultural resources as any object, building, structure, site, area, place, record, or manuscript which is:

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x A resource listed or eligible for listing by the State Historical Resources Commission, for listing in the California Register of Historical Resources (CRHR)
x A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code, or identified as significant in an historical resource survey meeting the requirements section 5024.1(g), (listed as historical by local ordinance)
x A resource a lead agency determines to be historically significant.

California Code of Regulations §15064.5 relating to historical resources pertains to environmental changes impacting any object, building, structure, site, area, place, record, or manuscript associated with:
x Events that have made a significant contribution to the broad patterns of California's history and cultural heritage. x The lives of persons important in our past.
x The distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. x Resources which have yielded, or may be likely yield, information important in prehistory or history.

Properties that are listed in or eligible for listing in the National Register of Historic Places pursuant to Section 106 of the National Historic Preservation Act are considered eligible for listing in the CRHR and thus are significant historical resources for the purpose of CEQA (PRC Section 5024.1(d)(1)).

Section 106 of the National Historic Preservation Act
The NHPA establishes the federal government policy on historic preservation and the programs, including the National Register, through which this policy is implemented. Under the NHPA, significant cultural resources (referred to as historic properties) include any prehistoric or historic district, site, building, structure, or object included in, or determined eligible for inclusion in, the National Register. Historic properties also include resources determined to be National Historic Landmarks. National Historic Landmarks are nationally significant historic places designated by the Secretary of the Interior because they possess exceptional value or quality in illustrating or interpreting United States heritage. A property is considered historically significant if it meets one of the National Register criteria and retains sufficient historic integrity to convey its significance. This act also established the Advisory Council on Historic Preservation, an independent agency responsible for implementing Section 106 of NHPA by developing procedures to protect cultural resources included in, or eligible for inclusion in, the National Register.

Eligibility for the National Register rests on two factors: significance and integrity. In order to be eligible for inclusion in the National Register, a property must meet one or more of the significance criteria listed below (36 C.F.R. § 60.4) and retain integrity:
- Criterion A—Association with “events that have made a significant contribution to the broad patterns of our history.”
- Criterion B—Association with “the lives of persons significant in our past.” - Criterion C—Resources “that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.” - Criterion D—Resources “that have yielded, or may be likely to yield, information important to history or prehistory.” In addition to being significant under one or more of these criteria, National Register eligibility (as well as California Register of Historical Resources requires that a resource retain sufficient integrity to convey its significance. Integrity is evaluated through consideration of characteristics that existed during a resource’s period of significance. Integrity is evaluated with regard to the retention of seven elements:
- Location—The place where the resource was constructed - Design—The combination of elements that create the form, plans, space, structure, and style of the resource - Setting—The physical environment of the resource, including the landscape and spatial relationship of the buildings - Materials—The physical elements that were combined or deposited during a particular period of time and in a particular pattern of configuration to form the resource - Workmanship—The physical evidence of the crafts of a particular culture or people during any given period of history
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CEQA Section 21083.2
CEQA Section 21083.2 requires that the CEQA Lead Agency determine whether a project may have a significant effect on unique archaeological resources. A unique archaeological resource is defined in as an archaeological artifact, object, or site about which it can be clearly demonstrated that there is a high probability that it:
x Contains information needed to answer important scientific research questions, and there is demonstrable public interest in that information;
x Has a special or particular quality, such as being the oldest of its type or the best available example of its type; or x Is directly associated with a scientifically recognized important prehistoric or historic event or person.

California Health and Safety Code Section 8100
Section 8100 of the California Health and Safety Code defines a cemetery as six or more human burials at one location.

Disturbance of Native American cemeteries is a felony (Health and Safety Code Section 7052). Section 7050.5 of the Health and Safety Code requires that if human remains are found during construction or excavation, the activities be stopped until the county coroner can determine if the remains are Native American. If the remains are determined to be Native American, the coroner must then contact the Native American Heritage Commission, pursuant to PRC Section 5097.

DISCUSSION
The following responses are based on a Cultural Resources Assessment conducted by BCR Consulting LLC, dated December 14th, 2023. An HPIR was prepared for the Project and is dated October 7, 2024 (See Appendix C). Conclusions and recommendations are based on research, a cultural resources records search, a Sacred Lands File search, and intensive-level pedestrian cultural resources field survey. David Brunzell M.A., R.P.A, acted as Principal Investigator, provided Project oversight, and authorized the technical report with contributions from BCR Consulting Staff Archeologist Doug Kazmier, B.A., and BCR Consulting Archeological Crew Chief Nicholas Sheptuk, B.A. Central Information Center (CCIC) staff completed the cultural resources records search through its archive at California State University, Stanislaus. Mr. Kazimer completed the field survey.
a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? RESPONSE:

Less than Significant Impact. Public Resources Code, Section 5024.1; 14 CCR 15064.5 defines historical resources are resources listed or eligible for listing on the California Register of Historical Resources” (CRHR). Based on research and a field survey described in the following paragraphs, there are no known historical resources that could be impacted by the Project.

Natural Setting
The elevation of the Project Alignment ranges from approximately 86 to 95 feet above mean sea level (AMSL)The Project Location is underlain with local geologic units composed of Quaternary deposits from the Pleistocene Modesto Formation. These deposits do not appear to be a source of prehistoric tool materials.

Cultural Setting
Human groups began to settle in this regional between 9,500- 11,500 year before the present. The Project Location is situated within the traditional boundaries of the Northern Yokuts. This tribe used perennial water sources for trade routes. The Yokuts formed “true tribes” and an array of unique dialects. The first people to established contact with the Yokuts were the Europeans. The Mexican era (1821-1848) saw little notable cultural exchange between Mexicans and Yokuts, although an 1833 malaria epidemic devastated the local native population (Wallace 1978:460). In the American era the Anglo settlement, occurred after California’s annexation into the United States and disrupted Yokuts influence.

Mining and ranching represented the early historical focus of the San Joaquin Valley, although abundant natural water, a mild climate, and arable land soon led to the successful development of agriculture. The resulting diversion of local water and escalating land values transformed the physical and economic character of the area and has allowed it to remain one of the world’s most productive agricultural regions to this day (Preston 1981).

To determine whether cultural resources may be found during construction of the Project, research was conducted by the Central California Information Center (CCIC) at California State University, Stanislaus on November 7th, 2023. This included a review of all recorded historic and prehistoric cultural as well as a review of known cultural resources, and survey and excavation reports generated from projects located within one half-mile of proposed construction. Data from FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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the CCIC revealed that 11 cultural resource studies have taken place resulting in 13 cultural resources recorded within one-half mile radius of the Project. See Table 11: Cultural Resources within One-Half Mile of the Project Location.

TABLE 11: CULTURAL RESOURCES WITHIN ONE-HALF MILE OF THE PROJECT LOCATION USGS 7.5 Min
Quad
Primary No. ZĞƐŽƵƌĐĞĞƐĐƌŝƉƟŽŶ Within Project Studies Within OneHalf Mile Salida,
California
(1987)
P-50-0075 MID Lateral 0.5 Miles SSE) ST-3697*, 3879,
4054*, 4749, 4829,
5470, 5900, 6306,
7244*, 7725, 8007*
P-50-1918 Bangs #1 (0.35 Miles SW
P-50-1925 Chappell Ditch Adjacent North
P-50-2002 Modesto Main/ La Grange MID Old
Canal

0.25 miles N
P-50-2024 Fluence Property 0.3 miles E
P-50-2025 5024 Tunson Rd., Modesto 0.3 Miles E
P-50-2026 : 907 Kiernan Rd. (SR 219), Modesto 0.3 Miles E P-50-2165 Essa Property Adjacent W
P-50-2166 Kumar Property 0.2 miles N
P-50-2167 Harrell Property 0.2 miles N
P-50-2259 10-STA-219 EA Adjacent S
P-50-2260 1348 Kiernan Ave. Adjacent S
P-50-2301 1349 Bangs Ave. 0.4 miles S
Source: BCR Consulting, 2023
Notes: * Occurred Within the Project Area.

Following research, a field survey was conducted by Mr. Kazmier on December 10th, 2023 by walking parallel transects spaced approximately 15 meters apart long both sides of the Project Alignment. No cultural resources (including prehistoric or historic archeological or historic architectural resources) were found at the surface. The Project Alignment has been subject to disturbances from construction and maintenance of roads, drainage, and other infrastructure. As well as agricultural activities and the dumping of modern refuse. The conclusions from the field survey indicate adverse effects to any historical resources under CEQA or Section 106 of the NHPA are unlikely; therefore, cultural resources work, or monitoring is not recommended for the Project. There is potential to uncover buried resources during earthwork. Therefore, Mitigation Measure MM-CUL-01, Worker Environmental Awareness Training, is proposed Impacts are anticipated to be less than significant. No Mitigation Measures are needed.
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? RESPONSE:

Less than Significant with Mitigation Incorporated. Section identifies archaeological resources and Native American burials in archaeological sites, in addition to historic structures, as important cultural resources requiring protection from disturbance, vandalism, or inadvertent destruction, all of which are considered potentially significant impacts.

While the records search and field survey did not identify cultural resources within the Project Site and the Project Site has been previously disturbed, ground-disturbing activities involving deeper cuts, if proposed by the Project, have the potential to discover buried deposits not observed on the surface; therefore, Mitigation Measure MM CUL-02: Cultural Resources Discovery will be implemented to ensure ground-disturbing activities do not cause significant impacts to archeological resources pursuant to Section 15064.5 or Section 106 of the NHPA.

With the implementation of Mitigation Measure MM CUL-01: Cultural ResourcesDiscovery less than significant impacts are anticipated.

c) Disturb any human remains, including those interred outside of dedicated cemeteries? RESPONSE:

Less than Significant with Mitigation Incorporated. The Project Location has not been used as a cemetery; therefore, the likelihood of discovering human remains at the Project Location is relatively low. However, in the unlikely event that FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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human reman are discovered during earth works, Mitigation Measure MM CUL-03: Human Remains is proposed and shall be implemented by the Project contractor to result in less than significant impact.

MITIGATION MEASURES
MM CUL-01: Worker Environmental Awareness Training (WEAP). Prior to the initiation of ground-disturbing activities, the City shall hire a Qualified Archaeologist according U.S. Secretary of the Interior Professional Qualifications Standards for Archaeology to write and prepare a WEAP training program. The City may provide personnel to deliver the WEAP training to field personnel regarding archaeological resources and the possibility of buried prehistoric or historic cultural deposits. If any subsurface cultural resources are encountered during Project construction activities within 50 feet of the encounter shall be halted and the City and the City’s qualified archeologist shall be called to examine these materials, determine their significance, and implement the appropriate next steps such as:
a) Preservation in place, or
b) Excavation, recovery, and curation by qualified professionals.

MM CUL-02: Cultural Resources Discovery. In the event that field personnel encounter buried cultural materials, work in the immediate vicinity of the find should cease and a qualified archaeologist shall be called to assess the significance of the find.

The qualified archaeologist shall have the authority to stop or divert construction excavation as necessary. If the qualified archaeologist finds that any cultural resources present meet eligibility requirements for listing on the California Register or the National Register, plans for the treatment, evaluation, and mitigation of impacts to the find will need to be developed.

Prehistoric or historic cultural materials that may be encountered during ground-disturbing activities include:
- historic artifacts such as glass bottles and fragments, cans, nails, ceramic and pottery fragments, and other metal objects;
- historic structural or building foundations, walkways, cisterns, pipes, privies, and other structural elements; - prehistoric flaked-stone artifacts and debitage (waste material), consisting of obsidian, basalt, and or cryptocrystalline silicates;
- groundstone artifacts, including mortars, pestles, and grinding slabs; - dark, greasy soil that may be associated with charcoal, ash, bone, shell, flaked stone, groundstone, and fire affected rocks.

MM CUL-03: Human Remains: If human remains are encountered during the undertaking, State Health and Safety Code Section 7050.5 states that no disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately.

If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC.

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6. ENERGY
Issues
Potentially
Significant Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
ENERGY. Would the Project:
a) Result in potentially significant
environmental impact due to
wasteful, inefficient, or
unnecessary consumption of
energy resources, during Project
construction or operation?
b) Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?

REGULATORY COMPLIANCE
California Energy Commission
dŚĞĂůŝĨŽƌŶŝĂ
ŶĞƌŐLJŽŵŵŝƐƐŝŽŶ;
ͿŝƐĂƉůĂŶŶŝŶŐĂŶĚ ƉŽůŝĐLJĂŐĞŶĐLJ ƌĞƐƉŽŶƐŝďůĞĨŽƌĨŽƌĞĐĂƐƟŶŐĨƵƚƵƌĞĞŶĞƌŐLJŶĞĞĚƐ͕ ƉƌŽŵŽƟŶŐĞŶĞƌŐLJĞĸĐŝĞŶĐLJ͕ŵĂŝŶƚĂŝŶŝŶŐĞŶĞƌŐLJĚĂƚĂ͕ĚĞǀĞůŽƉŝŶŐĞŶĞƌŐLJƚĞĐŚŶŽůŽŐLJ͕ƉƌŽŵŽƟŶŐƌĞŶĞǁĂďůĞĞŶĞƌŐŝĞƐ͕ĂŶĚ planning for energLJĞŵĞƌŐĞŶĐŝĞƐƚŚƌŽƵŐŚŽƵƚĂůŝĨŽƌŶŝĂ͘dŚĞdŝƚůĞϮϰƵŝůĚŝŶŐ ŶĞƌŐLJ
ĸĐŝĞŶĐLJ^ƚĂŶĚĂƌĚƐǁĞƌĞĚĞǀĞůŽƉĞĚďLJ
the CEC and are updated periodically (SJ 2035 GP DEIR).

GreenBuilding Standards Code
dŚĞ'ƌĞĞŶƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐ;Ăů'ƌĞĞŶͿǁĂƐĮƌƐƚĂĚŽƉƚĞĚŝŶϮϬϬϵ͘dŚĞƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐĂƌĞƵƉĚĂƚĞĚĞǀĞƌLJƚŚƌĞĞLJĞĂƌƐ ĂŶĚƉĞƌƚĂŝŶƚŽƐƵƐƚĂŝŶĂďůĞƉƌĂĐƟĐĞƐĨŽƌƌĞƐŝĚĞŶƟĂůĂŶĚĐŽŵŵĞƌĐŝĂůĐŽŶƐƚƌƵĐƟŽŶƉƌŽũĞĐƚƐŝŶĂůŝĨŽƌŶŝĂ͘WƵƌƐƵĂŶƚƚŽĂů'ƌĞĞŶ, ĐŽŶƐƚƌƵĐƟon projects must meet a mandatory set of minimum requirements and extensive voluntary measures. The Code ĐŽǀĞƌƐ ƉůĂŶŶŝŶŐ ĂŶĚ ĚĞƐŝŐŶ͕ ĞŶĞƌŐLJ ĞĸĐŝĞŶĐLJ͕ ǁĂƚĞƌ ĞĸĐŝĞŶĐLJ ĂŶĚ ĐŽŶƐĞƌǀĂƟŽŶ͕ ŵĂƚĞƌŝĂůƐ ĐŽŶƐĞƌǀĂƟŽŶ ĂŶĚ ƌĞƐŽƵƌĐĞ ĞĸĐŝĞŶĐLJ͕ĂŶĚŝŶĚŽŽƌĞŶǀŝƌŽŶŵĞntal quality.

DISCUSSION
a) ZĞƐƵůƚŝŶƉŽƚĞŶƟĂůůLJƐŝŐŶŝĮĐĂŶƚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚĚƵĞƚŽǁĂƐƚĞĨƵů͕ŝŶĞĸĐŝĞŶƚ͕ŽƌƵŶŶĞĐĞƐƐĂƌLJĐŽŶƐƵŵƉƟŽŶŽĨĞŶĞƌŐLJ ƌĞƐŽƵƌĐĞƐ͕ĚƵƌŝŶŐWƌŽũĞĐƚĐŽŶƐƚƌƵĐƟŽŶŽƌŽƉĞƌĂƟŽŶ͍
RESPONSE:
>ĞƐƐƚŚĂŶ^ŝŐŶŝĮĐĂŶƚǁŝƚŚDŝƟŐĂƟŽŶ/ŶĐŽƌƉŽƌĂƚĞĚ͘DŽĚĞƐƚŽ/ƌƌŝŐĂƟŽŶŝƐƚƌŝĐƚ;D/ͿƉƌŽǀŝĚĞƐƚŚĞŝƚLJŽĨDŽĚĞƐƚŽǁŝƚŚ energy resources. MID owns and operates approximately 1,800 miles of power lines throughout their service area (MID ϮϬϭϳ͖DŽĚĞƐƚŽ'W
/Z͕ϮϬϭϵͿ͘ƚƚŚĞWƌŽũĞĐƚ>ŽĐĂƟŽŶ͕D/ŵĂŝŶƚĂŝŶƐϭϮ,000-volt and 68,000-volt electrical power lines along the south side of Kiernan Avenue as well as 12,000-volt power lines along the west side of Tully Road. Within the Local Vicinity of the proposed Projecƚ͕ĂƉƉƌŽdžŝŵĂƚĞůLJϮϱŌĨƌŽŵƚŚĞdƵůůLJZŽĂĚĂŶĚ<ŝĞƌŶĂŶǀĞŶƵĞŝŶƚĞƌƐĞĐƟŽŶ͕D/ ŽƉĞƌĂƚĞƐĂŶĞůĞĐƚƌŝĐĂůƐƵďƐƚĂƟŽŶƚŚĂƚƐĞƌǀŝĐĞƐƐƵƌƌŽƵŶĚŝŶŐůĂŶĚƵƐĞƐ͘ The proposed Project will extend the service boundary of the City’s potable water system and is intended to implement ƚŚĞŝƚLJ͛ƐĮƌĞŇŽǁƐƚĂŶĚĂƌĚƐĂŶĚĚĞůŝǀĞƌĐůĞĂŶƉŽƚĂďůĞǁĂƚĞƌƚŽ^ƚĂŶŝƐůĂƵƐ ůĞŵĞŶƚĂƌLJ^ĐŚŽŽů͘dŚĞWƌŽũĞĐƚǁŽƵůĚŶŽƚ
ĐŽŶŇŝĐƚǁŝƚŚƚŚĞƉůĂŶŶĞĚďƵŝůĚŽƵƚŽĨƚŚĞŝƚLJ͛ƐtĂƚĞƌDĂƐƚĞƌWůĂŶĂŶĚƐĐŚŽŽůĂĐƟǀŝƟĞƐǁŽƵůĚŶŽƚŝŶĐƌĞĂƐĞďĞĐĂƵƐĞŽĨ ƚŚĞWƌŽũĞĐƚ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞWƌŽũĞĐƚŝƐŶŽƚĂŶƟĐŝƉĂƚĞĚƚŽŐĞŶĞƌĂƚĞƐŝŐŶŝĮĐĂŶƚĞŶĞƌŐLJĚĞŵĂŶĚƐďĞLJŽŶĚĞdžŝƐƟŶŐďĂƐĞůŝŶĞ ĐŽŶƐƵŵƉƟŽŶůĞǀĞůƐĂŶĚĨŽƌĞĐĂƐƟŶŐƉƌŽũĞĐƟŽŶƐ͘dŚĞϭϮ͕ϬϬϬůŝŶĞĂƌĨĞĞƚŽĨƉŽƚĂďůĞǁĂƚĞƌŵĂŝŶǁŝůůĐŽŶŶĞĐƚƚŽƚŚĞŝƚLJ͛Ɛ ĞdžŝƐƟŶŐǁĂƚĞƌŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂŶĚǁŽƵůĚďĞŵĂŝŶƚĂŝŶĞĚǁŝƚŚƚŚĞŝƚLJ͛ƐĞdžŝƐƟŶŐŵĂŝŶƚĞŶĂŶĐĞƌĞƐŽƵƌĐĞƐ͘&ŽƌƚŚĞƐĞƌĞĂƐŽŶƐ͕ ĂĚĚŝƟŽŶĂůƐŽƵƌĐĞƐŽĨƉŽǁĞƌĂƌĞŶŽƚƌĞƋƵŝƌĞĚĨŽƌƚŚĞproposed Project. The looped structure of the proposed alignment ǁŝůůĂůůŽǁ ƚŚĞƉŝƉĞůŝŶĞ ƚŽŵĂŝŶƚĂŝŶĮƌĞŇŽǁ ƌĞƋƵŝƌĞŵĞŶƚƐ;ϰϬϬ0 ŐƉŵĂƚϯϯƉƐŝͿ͘WƌŽũĞĐƚĐŽŶƐƚƌƵĐƟŽŶǁŝůů ƚĞŵƉŽƌĂƌŝůLJ increase use of diesel-powered equipment for trenching and jack and bore ĐŽŶƐƚƌƵĐƟŽŶ͘,ŽǁĞǀĞƌ͕ůŽŶŐ-ƚĞƌŵŽƉĞƌĂƟŽŶ ĂŶĚŵĂŝŶƚĞŶĂŶĐĞŝƐĂŶƟĐŝƉĂƚĞĚƚŽƌĞƐƵůƚŝŶĂŵŝŶŝŵĂůŶƵŵďĞƌŽĨĚĂŝůLJǁŽƌŬĞƌƚƌŝƉƐƚŽĐŽŶĚƵĐƚƌŽƵƟŶĞŝŶƐƉĞĐƟŽŶƐ͘Energy from long-ƚĞƌŵ ŽƉĞƌĂƟŽŶ ǁŝůů ŝŶĐůƵĚĞ ƚƌĂŶƐƉŽƌƚĂƟŽŶ ĞŶĞƌŐLJ ĚĞŵĂŶĚƐ ;ĞŶĞƌŐLJ ĐŽŶƐƵŵĞĚ ďLJ ĞŵƉůŽLJĞĞ ĂŶĚ ƉĂƚƌŽŶ ǀĞŚŝĐůĞƐĂĐĐĞƐƐŝŶŐƚŚĞWƌŽũĞĐƚ^ŝƚĞͿĂŶĚĨĂĐŝůŝƟĞƐĞŶĞƌŐLJĚĞŵĂŶĚƐ;ĞŶĞƌŐLJĐŽŶƐƵŵĞĚďLJďƵŝůĚŝŶŐĂŶĚƐŝƚĞŵĂŝŶƚĞŶĂŶĐĞ ĂĐƟǀŝƟĞƐͿ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞŝŶĐƌĞĂƐĞŝŶƉƌŽũĞĐƚŐĞŶĞƌĂƚĞĚƚƌŝƉƐŝƐŵŝŶŝŵĂůĂŶĚƚŚĞƉƌŽũĞĐƚ͛ƐƚƌĂŶƐƉŽƌƚĂƟŽŶĂŶĚŽƉĞƌĂƟŽnal ĞŶĞƌŐLJĐŽŶƐƵŵƉƟŽŶǁŽƵůĚŶŽƚďĞĐŽŶƐŝĚĞƌĞĚŝŶĞĸĐŝĞŶƚ͕ǁĂƐƚĞĨƵů͕ŽƌŽƚŚĞƌǁŝƐĞƵŶŶĞĐĞƐƐĂƌLJ͘ FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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Using the CalEEMod data input for the air quality and greenhouse gas analyses (Appendix AͿ͕ƚŚĞWƌŽũĞĐƚ͛ƐĐŽŶƐƚƌƵĐƟŽŶ ƉŚĂƐĞǁŽƵůĚĐŽŶƐƵŵĞĞůĞĐƚƌŝĐŝƚLJĂŶĚĨŽƐƐŝůĨƵĞůƐĂƐĂƐŝŶŐůĞĞŶĞƌŐLJĚĞŵĂŶĚ͕ƚŚĂƚŝƐ͕ŽŶĐĞĐŽŶƐƚƌƵĐƟŽŶŝƐĐŽŵƉůĞƚĞĚƚŚĞŝƌ ƵƐĞǁŽƵůĚĐĞĂƐĞ͘Z͛ƐϮϬϭϳ
ŵŝƐƐŝŽŶƐ&ĂĐƚŽƌƐdĂďůĞƐƐŚŽǁƚŚĂƚŽŶĂǀĞƌĂŐĞ͕ĂŐŐƌĞŐĂƚĞĨƵĞůĐŽŶƐƵŵƉƟŽŶ;gasoline and diesel fuel) would be approximately 18.5 hp-hr-ŐĂů͖ĐŽŶƐƵŵŝŶŐĂŶĞƐƟŵĂƚĞĚϭϬϱ͕ϳϴϮŐĂůůŽŶƐŽĨĚŝĞƐĞůĨƵĞůƚŚƌŽƵŐŚŽƵƚ WƌŽũĞĐƚĐŽŶƐƚƌƵĐƟŽŶ͘/ŶĂĚĚŝƟŽŶ͕ƚŚĞĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬĞƌƚƌŝƉƐǁŝůůƌĞƐƵůƚŝŶĂŶĞƐƟŵĂƚĞĚϯ͕ϭϲϳŐĂůůŽŶƐŽĨĨƵĞůǁŚŝĐŚǁŝůů ďĞĐŽŶƐƵŵĞĚĨŽƌĐŽŶƐƚƌƵĐƟŽŶǁŽƌŬĞƌƚƌŝƉƐ;ďĂƐĞĚϴϮ͕ϵϰϰsDdͿ͖ĂŶĞƐƟŵĂƚĞĚϮ͕ϰϮϵŐĂůůŽŶƐŽĨĨƵĞůǁŽƵůĚďĞĐŽŶƐƵŵĞĚ for vendor and hauling trips (based on 15,154 VMT) (Ganddini, 2023). /ŶĂĚĚŝƟŽŶ͕ ƚŚĞWƌŽũĞĐƚǁŝůůĐŽŵƉůLJǁŝƚŚĂůŝĨŽƌŶŝĂŝƌZĞƐŽƵƌĐĞƐŽĂƌĚ;ZͿĂĚŽƉƚĞĚŝĚůŝŶŐ ƌĞŐƵůĂƟŽŶĨŽƌŽŶ-road diesel-ĨƵĞůĞĚ ĞƋƵŝƉŵĞŶƚ ǁĞŝŐŚŝŶŐ ŵŽƌĞ ƚŚĂŶ ϭϬ͕ϬϬϬ ƉŽƵŶĚƐ͘ dŚĞ ƌĞŐƵůĂƟŽŶƐ ŝŶĚŝĐĂƚĞ ƚŚĂƚ ŚĞĂǀLJ ĚƵƚLJ ǀĞŚŝĐůĞƐ ĂƌĞ prohibited from idling morĞƚŚĂŶĮǀĞ;ϱͿŵŝŶƵƚĞƐŝŶĂŶLJŽŶĞůŽĐĂƟŽŶ;^ƚĂŶŝƐůĂƵƐŽƵŶƚLJ'W /Z͕ϮϬϭϲͿ͘ŽŵƉůŝĂŶĐĞǁŝƚŚ
ƚŚĞĞdžŝƐƟŶŐƌĞŐƵůĂƟŽŶǁŝůůďĞŝŵƉůĞŵĞŶƚĞĚǁŝƚŚƚŚĞWƌŽũĞĐƚĂƐDŝƟŐĂƟŽŶDĞĂƐƵƌĞMM EN-Ϭϭ͗/ĚůŝŶŐZĞŐƵůĂƟŽŶĨŽƌKŶRoad Disel-Fueled Equipment to reduce impactƐ ƚŽ ůĞƐƐ ƚŚĂŶ ƐŝŐŶŝĮĐĂŶĐĞ ĚƵƌŝŶŐ ĚŝĞƐĞů-powered equipment use ƚŚƌŽƵŐŚŽƵƚĐŽŶƐƚƌƵĐƟŽŶĂĐƟǀŝƟĞƐ͘
&ŽƌƚŚĞƌĞĂƐŽŶƐĂďŽǀĞ͕ƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚŝƐĂŶƟĐŝƉĂƚĞĚŚĂǀĞůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐƚŽĞŶĞƌŐLJƌĞƐŽƵƌĐĞƐĚƵƌŝŶŐ WƌŽũĞĐƚ ĐŽŶƐƚƌƵĐƟŽŶ ĂŶĚ ůŽŶŐ-ƚĞƌŵ ŽƉĞƌĂƟŽŶ ǁŝƚŚ ƚŚĞ ŝŵƉůĞŵĞŶƚĂƟŽŶ ŽĨ DŝƟŐĂƟŽŶ DĞĂƐƵƌĞ MM EN-01: Idling ZĞŐƵůĂƟŽŶĨŽƌKŶ-Road Disel-Fueled Equipment.

b) ŽŶŇŝĐƚǁŝƚŚŽƌŽďƐƚƌƵĐƚĂƐƚĂƚĞŽƌůŽĐĂůƉůĂŶĨŽƌƌĞŶĞǁĂďůĞĞŶĞƌŐLJŽƌĞŶĞƌŐLJĞĸĐŝĞŶĐLJ͍ RESPONSE:

No Impact. See Response 6, a). Plans for the Project indicate consistency with state and local plans for sustainability including the CALTRANS, Stanislaus, and City of Modesto Climate Change Vulnerability Assessments. Reference ^ĞĐƟŽŶ

8. Greenhouse Gas Emissions ĨŽƌŵŽƌĞŝŶĨŽƌŵĂƟŽŶ͘
dŚĞƐƚĂŶĚĂƌĚĂƉƉůŝĐĂƟŽŶŽĨƚŚĞŝƚLJ͛ƐƉůĂŶƌĞǀŝĞǁprocesses will result in compliance with state and local development ƐƚĂŶĚĂƌĚƐŝŵƉůĞŵĞŶƟŶŐĞŶĞƌŐLJĞĸĐŝĞŶĐLJƌĞƋƵŝƌĞŵĞŶƚƐ͘dŚĞWƌŽũĞĐƚĚŽĞƐŶŽƚƉƌŽƉŽƐĞƚŽĚŝƐƌƵƉƚĞůĞĐƚƌŝĐĂůƐƵďƐƚĂƟŽŶƐ or transmission lines, as mapped by the California Energy Commission ĂŶĚ ĂůŝĨŽƌŶŝĂ KĸĐĞ ŽĨ ŵĞƌŐĞŶĐLJ ^ĞƌǀŝĐĞƐ͘
Therefore, the Project remains complaint with the City’s Climate Change Vulnerability Assessment since these “infrastructure assets”9 will not be disrupted.

TŚĞWƌŽũĞĐƚǁŝůůƌĞŵĂŝŶĐŽŵƉůŝĂŶƚǁŝƚŚĨĞĚĞƌĂůƚƌĂŶƐƉŽƌƚĂƟŽŶƌĞŐƵůĂƟŽŶƐƐŝŶĐĞƚŚĞWƌŽũĞĐƚŝƐĂůƌĞĂĚLJǁŝƚŚŝŶĂĚĞǀĞůŽƉĞĚ area and will ĂǀŽŝĚŝŵƉĂĐƚƐŽŶ<ŝĞƌŶĂŶǀĞŶƵĞǁŝƚŚũĂĐŬĂŶĚďŽƌĞĐŽŶƐƚƌƵĐƟŽŶ͘>ŽĐĂůƌŽĂĚǁĂLJƐƚŚĂƚǁŝůůďĞƚĞŵƉŽƌĂƌŝůLJ ĚŝƐƚƵƌďĞĚĚƵƌŝŶŐĐŽŶƐƚƌƵĐƟŽŶǁŝƚŚŝŶĂůĞZŽĂĚĂŶĚdƵůůLJZŽĂĚǁŝůůďĞƌĞƐƚŽƌĞĚƚŽƉƌĞ-ƉƌŽũĞĐƚĐŽŶĚŝƟŽŶƐŽƌďĞƩĞƌƵƉŽŶ ĐŽŵƉůĞƟŽŶŽĨƚŚĞWƌŽũĞĐƚ͘dŚerefore, to the Project will not ŝŶƚĞƌĨĞƌĞǁŝƚŚŝŶƚĞƌŵŽĚĂůƚƌĂŶƐƉŽƌƚĂƟŽŶƉůĂŶƐŽƌƉƌŽũĞĐƚƐ proposed pursuant to the ISTEA. ZĞŐĂƌĚŝŶŐWĂǀůĞLJ;ϭϰϵϯͿƌĞŐƵůĂƟŽŶƐ͕ĂŶŝŶĚŝǀŝĚƵĂůƉƌŽũĞĐƚĚŽĞƐŶŽƚŚĂǀĞƚŚĞĂďŝůŝƚLJ ƚŽĐŽŵƉůLJŽƌĐŽŶŇŝĐƚǁŝƚŚƚŚĞƐĞƌĞŐƵůĂƟŽŶƐďĞĐĂƵƐĞƚŚĞLJĂƌĞŝŶƚĞŶĚĞĚĨŽƌĂŐĞŶĐŝĞƐĂŶĚƚŚĞŝƌĂĚŽƉƟŽŶŽĨƉƌŽĐĞĚƵƌĞƐ ĂŶĚƉƌŽƚŽĐŽůƐĨŽƌƌĞƉŽƌƟŶŐĂŶĚĐĞƌƟĨLJŝŶŐ','ĞŵŝƐƐŝŽŶƌĞĚƵĐƟŽŶƐĨƌŽŵŵŽďŝůĞƐŽƵƌĐĞƐ͘dŚĞǀĞŚŝĐůĞƐ and equipment associated with the proposed Project ĐŽŶƐƚƌƵĐƟŽŶĂŶĚůŽŶŐ-term maintenance would be required to comply with federal ĂŶĚƐƚĂƚĞĨƵĞůĞĸĐŝĞŶĐLJƐƚĂŶĚĂƌĚƐ͖ŚŽǁĞǀĞƌ͕ĂƐƐƚĂƚĞĚƉƌĞǀŝŽƵƐůLJƚŚĞProject requires a minimal number of vehicle trips ĚƵƌŝŶŐŽƉĞƌĂƟŽŶ͘
ZĞŐĂƌĚŝŶŐƚŚĞ^ƚĂƚĞ͛ƐZĞŶĞǁĂďůĞ
ŶĞƌŐLJWŽƌƞŽůŝŽ^ƚĂŶĚĂƌĚƐ͕ĂƐĂƉƉůŝĐĂďůĞ͕ƚŚĞProject would be required to meet or exceed the energy standards established in the California Green Building Standards Code, Title 24, Part 11 (CALGreen).

CALGreen Standards. These standards ƌĞƋƵŝƌĞ ƚŚĂƚ ŶĞǁ ďƵŝůĚŝŶŐƐ ƌĞĚƵĐĞ ǁĂƚĞƌ ĐŽŶƐƵŵƉƟŽŶ͕ ĞŵƉůŽLJ ďƵŝůĚŝŶŐ ĐŽŵŵŝƐƐŝŽŶŝŶŐƚŽŝŶĐƌĞĂƐĞďƵŝůĚŝŶŐƐLJƐƚĞŵĞĸĐŝĞŶĐŝĞƐ͕ĚŝǀĞƌƚĐŽŶƐƚƌƵĐƟŽŶǁĂƐƚĞĨƌŽŵůĂŶĚĮůůƐ͕ĂŶĚŝŶƐƚĂůůůŽǁƉŽůůƵƚĂŶƚĞŵŝƫŶŐĮŶŝƐŚŵĂƚĞƌŝĂůƐ͘ 9 Infrastructure assets are structures that provide various services to the Modesto community members. Structures consist of the Modesto Airport; bridges; major roads, highways, and truck routes (Kiernan Avenue, Dale Road, and Tully Road); Electric vehicle charging stations; biking and hiking trails; evacuation routes; railways and train stations; transit facilities; single access roads; communications facilities; electrical substations and transmissions lines; power plants; natural gas pipelines; dams and reservoirs; flood control infrastructure; parks and open space; solid waste facilities; and water and wastewater infrastructure.

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MM EN-Ϭϭ͗/ĚůŝŶŐZĞŐƵůĂƟŽŶĨŽƌKŶ-Road Disel-Fueled Equipment. Throughout Project construction, on-road diesel-fueled equipment weighing more than 10,000 pounds must comply with CARB ĂĚŽƉƚĞĚŝĚůŝŶŐƌĞŐƵůĂƟŽn which states that heavy ĚƵƚLJ ǀĞŚŝĐůĞƐĂƌĞ ƉƌŽŚŝďŝƚĞĚĨƌŽŵ ŝĚůŝŶŐŵŽƌĞ ƚŚĂŶ ĮǀĞ;ϱͿŵŝŶƵƚĞƐ ŝŶĂŶLJ ŽŶĞ ůŽĐĂƟŽŶ͘dŚŝƐ ƌĞŐƵůĂƟŽŶǁŝůů ďĞĞŶĨŽƌĐĞĚ ƚŚƌŽƵŐŚŽƵƚWƌŽũĞĐƚĐŽŶƐƚƌƵĐƟŽŶďLJƚŚĞWƌŽũĞĐƚĐŽŶƚƌĂĐƚŽƌĂŶĚŝŶƐƉĞĐƟŽŶƐďLJƚŚĞŝƚLJŽĨDŽĚĞƐƚŽ ŶŐŝŶĞĞƌŝŶŐĞƉĂƌƚŵĞŶƚ
ĂŶĚͬŽƌƚŚĞhƟůŝƟĞƐĞƉĂƌƚŵĞŶƚ.

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DISCUSSION
The responses within these sections are based on technical reports outlining the baseline conditions of the soil composition. Specifically, the IS/MND used the following resources:
- Appendix C: Cultural Resources Assessment, Stanislaus Elementary School 1,2,3-TCP Mitigation Project, Modesto, Stanislaus County, California, prepared by BCR Consulting LLC on December 14th, 2023. - Appendix D: Soils and Geotechnical Investigation, Stanislaus Elementary School 1,2,3-TCP Mitigation Project, Modesto, Stanislaus County, California, prepared by Universal Engineering Services on June 1st, 2023. a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:

i. Rupture of a knownearthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Referto Division of Mines and Geology Special Publication 42.

RESPONSE:

No Impact. Fault areas classified under the Alquisto-Priolo fault zones are considered the highest risk fault; however, the Project Area does not contain Alquisto-Priolo designated fault zones or potentially active faults within or near the Project (Modesto Water Master Plan, 2019). According to the Department of Conservation, Fault Activity Map of California, the Project Area is not located near a mapped fault line (CA DOC, 2015). The closest fault lines are Vernalis Fault, approximately 21 miles east and the Great Valley Fault, approximately 17.9 miles west of the Project.

The Vernalis Fault and Great Valley Fault are Quaternary faults that have been inactive for the last 11,700-700,000 years (USGS, n.d.; Modesto Water Master Plan, 2019- Table 9-1. Regional Faults in Proximity to the Study Area).

Since the Project Location is not within mapped fault zones or within the confines of active fault traces or their associated Alquist- Priolo Fault Zones, it is unlikely for the potential for ground displacement, directly affecting the Project, to occur. In addition, during a site reconnaissance conducted by the Geotechnical Engineer and a review of aerial photographs, no indication of surface rupture or fault-related surface disturbances were observed.

For these reasons, no impact is anticipated in association with fault rupture. This includes the risk of loss, injury, or death, which are not anticipated to occur at the Project Location. Therefore, no Mitigation Measures are needed.

ii. Strong seismic ground shaking?
RESPONSE:

Less than Significant Impact. See Response 7, a) i). The Project Location is not mapped within any seismic hazard zones and there are no published maps available on the CGS website that cover the construction area. Historic ground shaking has occurred within the Project Area with the closest earthquake occurred on December 23rd, 1985, with a magnitude of 2,5 and the epicenter located approximately 6.7 miles northwest of the site (Universal Engineering, 2023). Other notable events include a 3.5 magnitude earthquake on February 2nd, 1979, located 9.1 miles southwest of the Project Location.

All of California is subject to potential seismic activity, and areas within proximity of fault zones are subject to regulations minimizing risk associated with ground shaking. The Project Area is subject to ground shaking, as is all areas of California. Due to its geographic location and the state’s overall susceptibility to earthquakes and there is nothing unique about the location of the Project that would make it more susceptible to strong seismic ground shaking. The severity of shaking is dependent on proximity with active faults and the estimated maximum ground acceleration of the fault. The Project is located more than 17 miles from fault lines. The Project will be implemented according to applicable engineering standards for safety and resilience regarding seismicity and pipe bed reinforcements that apply to the Project location. The Project will comply with the Modesto Engineering & Transportation Department Standard Specifications, which include guidelines for water main design. These are applicable to the Project and will be implemented through design review and inspections performed by the City.

As a result, less than significant impacts from strong seismic ground shaking are anticipated. No Mitigation Measures are needed.

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iii. Seismic-related ground failure, including liquefaction? RESPONSE:

Less than Significant Impact. Reference Response 7, a) i) and ii). Liquefaction, as defined by the California Department of Conservation, is “the transformation of granular materials from a solid state into a liquefied state as a consequence of increased pore-water pressure” (CA Department of Conservation 2023). Additionally, liquefaction is anticipated in areas where the groundwater is less than 30 feet from the surface.

According to the California Department of Conservation, Earthquake Zones of Required Investigation Map, the City of Modesto is not within areas identified as having high susceptibility to liquefaction or landslide potential (CA DOC n.d.). Low liquefaction potential at the Project Site is a result of the Project being underlain with primarily Alluvial Fan Deposits (Qf) (CA DOC, 2015). These deposits consist of gravel, sand, and small pieces of sediment like silt, which result as a product of flowing water interacting with hills or mountains dating back to the Pleistocene-age (National Geographic 2022). In addition to preliminary research, a Geotechnical Engineer performed liquefaction analysis on borings based on the Liquefaction Potential Index (LPI). The LPI in combination with the seismic settlements for soil conditions, indicated the Project Location has low potential for liquefaction during seismic events (Universal Engineering Services, 2023). The Project will undergo design review and inspection for compliance with the City’s Engineering Standards.

For these reasons, the proposed Project is not highly susceptible to seismic-related ground failure, including liquefaction. Impacts are anticipated to be less than significant, and no Mitigation Measures are needed.

iv. Landslides?
RESPONSE:

Less than Significant Impact. See Response 7, a) i) through iii) above. According to the Department of Conservation, Landslide Inventory Map, the Project Area is not highly susceptible to landslides (CA Department of Conservation, 2015). The Project Site is relatively flat and does not contain slopes. The highest point of elevation to the Project Location is west near the Coastal Mountains (approximately 18 miles from the Project). Construction will require earthworks including open trench construction and jacking/receiving pits, that have the potential to create temporary steep slopes subject to failure. However, these slopes are subject to temporary reinforcements pursuant to CAL-OSHA standards for building and utility trenching operations (29 CRF Section 1926.650; 29 CRF Section 1926.625), the California Division of Industrial Safety, and City of Modesto’s Standard Specifications, Chapter 8.

Utility, Excavation, and Trench Section.

As a result of the implementation of Standard Specifications (Modesto, 2014) and Engineering Specifications Design Guidelines and Standard Provisions (Modesto, 2021), from the City of Modesto and the Project Location’s relatively flat topography, potential impacts from landslides over throughout temporary Project construction and long-term operational use of the proposed Project Components is anticipated to be less than significant. No Mitigation Measures are needed.

b) Result in substantial soil erosion or the loss of topsoil? RESPONSE:

Less than Significant with Mitigation Incorporated. See Response 7, a) i) through iv) above. Project construction will require open cut trenching for the pipeline approximately 6-feet deep, which will temporarily disturb stable ground surface pavement within the public right-of-way leaving soils susceptible to erosion during active construction. Jack and bore, will be implemented in five locations along the Project Alignment during construction, other processes such as truck traffic, equipment access, and materials hauling may also temporarily disrupt topsoil resulting in dust and erosion.

Therefore, soil erosion and potential loss of some topsoil may occur during construction, especially during high winds and rains. However, the Project will implement the City’s Standard Specifications, Chapter 15. Erosion and Sediment Control Standards throughout Project construction. Chapter 15 of the City’s Erosion and Sediment Control standards require dust control compliant with City of Modesto and SJVAPCD, stockpile management, stabilization of entrance and egress from construction site, site cleanup, inspection, etc. In addition, the Project will incorporate recommendations from the geotechnical engineer to ensure loss of topsoil does not occur throughout Project construction and earthwork activities pursuant to MM GEO-01: Site Clearing, MM GEO-02: Stripping, MM GEO-03: Discing, MM GEO- 04: Aeration for Soils with High Moisture Content, MM GEO-05: Existing Pavement, MM GEO-06: Scarification and Compaction, MM GEO-07: Engineered Fill Construction, MM GEO-08: Excavation and Fill Slopes, MM GEO-09: Monitoring during FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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Excavation, MM GEO-01: Utility Backfill Trench, and MM GEO-11: Pavement Design. Mitigation measures specify site clearing procedures; removal processes for existing pavement; backfill and engineering fill requirements; appropriate trenching procedures; and required monitoring by a Geotechnical Engineers’ representative.

Therefore, substantial erosion or the loss of topsoil will be mitigated to less than significant levels with the incorporation of the City’s Standard Specifications (Modesto, 2014) and the Engineering Department Design Guidelines and General Provisions (Modesto, 2021), as well as recommendations from the Geotechnical Engineer pursuant to Mitigation Measures MM GEO-01 through MM GEO-11. As a result, less than significant impacts are anticipated. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? RESPONSE:

Less than Significant Impact. According to the Department of Conservation, Geologic Map of California, the Project Area is underlain with a geologic composition comprised of alluvial fan deposits from the Pleistocene- Holocene age (approximately 2,580,000 to 11,700 years ago) (CA DOC, 2015). The Project Location is located within the Great Valley geomorphic province of California, a 500-mile, northwest rending structural trough, generally constrained to the west by the Cost Ranges and the east by the foothills of the Sierra Nevada Range (Norris and Webb, 1990). The Project Location and surrounding areas are flat and level and will be subject to disturbance during earthwork accordant with CAL-OSHA standards for safety and engineering standards established by the City Engineer and inspectors. Monitoring and inspections throughout construction-related ground disturbances that can alter soil stability, will ensure the Project is compliant with the City’s Standard Specifications (Modesto, 2014), Chapter 15. Erosion and Sediment Control Standards; as well as Engineering Specifications Design Guidelines and Standard Provisions (Modesto, 2021) to ensure trench and backfill are stable throughout construction.

For these reasons, less than significant impact is anticipated from geologic units or soils that are unstable resulting in potential on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Therefore, no Mitigation Measures are needed.

d) Be located on expansive soil, as definedin Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property?
RESPONSE:

Less than Significant Impact. See Response 7, a) through c). Expansive soils undergo shrinking and swelling with changes in moisture. These characteristics are attributed to higher clay content within the soil. As expansive soils dry, the clay causes soils to shrink; when the moisture is reintroduced, the soils swell up. Developing infrastructure on low expansive potential is preferred since the soil will not change its volume depending on the moisture and will therefore provide a foundation that is more static. The Project is located within public right-of-way that have likely been filled with Class II aggregate base; upon the competition of earthworks, the Project contractor will likely reuse existing fill, but the trench bed and backfill will be engineered fill. The Geotechnical Engineer performed testing and revealed the soils are not expansive; therefore, Mitigation Measures are not considered necessary for the Project (Universal Engineering Services, 2023). The Project will be implemented using engineered fill per City of Modesto standards and will not be highly susceptible to risk to life and property.

For these reasons above, the Project will not increase the potential for direct and indirect risks to life and property due to expansive soils, nor will the Project increase exposure to expansive soil hazards. Therefore, less than significant impacts are anticipated, and no Mitigation Measures are needed.

e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewaterdisposal systems where sewers are not available for the disposal of wastewater? RESPONSE:

No Impact. Septic tanks or alternative wastewater disposal systems are not proposed with the Project. The Project will implement a potable water infrastructure extension and does not propose any changes to exiting septic or alternative wastewater disposal systems. Therefore, no impacts are anticipated; no Mitigation Measures are needed.

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f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? RESPONSE:

Less than Significant with Mitigation Incorporated. The geologic units underlying the Project area are mapped as alluvial deposits dating from the Quaternary - specifically, the Pleistocene Modesto Formation (Rapp et al. 1977, A mineral land classification study of the Stanislaus River area, San Joaquin and Stanislaus counties, California). Quaternary alluvial units are considered to be fossiliferous and highly paleontologically sensitive. According to a letter received form the Western Science Center on November 20th, 2023, the Project Area nor the Local Vicinity (within a one-mile radius), does not contain any fossil localities. However, the Quaternary alluvial units similar to those under the Project Alignment have produced large quantities of fossils. Therefore, any fossil specimen recovered from the Project would be scientifically significant. As a result, the Project proposed Mitigation Measure MM PALEO-01: Paleontological Monitoring to ensure significant impacts do not occur throughout ground disturbing activities.

MITIGATION MEASURES
The following Mitigation Measures are recommendations made by the Geotechnical Engineering based on the Geotechnical Engineering and Geologic Hazards Investigation, Appendix D.

MM GEO-01: Site Clearing. Prior to site grading, the Contractor shall clear all construction areas of existing structures including all asphalt concrete pavements, rubble, deleterious debris, if any, and any other surface and subsurface items designated for removal to expose undisturbed firm and stable native soils. This work shall be verified by the City Inspector.

Where practical, the clearing should extend a minimum of five feet beyond the limits of the proposed structure areas of the site. Existing underground utilities to be abandoned should be completely removed, including existing trench backfill.

Depressions from removal of underground structures (e.g., foundations, utilities, etc.) should be cleaned of loose soil and properly backfilled pursuant to MM GEO-10: Utility Trench Backfill.

MM GEO-02: Stripping. After completion of clearing operations, the Contractor shall remove any remaining vegetation and organically contaminated topsoil should be removed by stripping. Materials form stripping may be stockpiled for later use or disposed of off-site and should not be used in general fill construction, but may be used in non-structural areas, provided they are kept at least five feet from structural areas, moisture conditions and compacted. Compliance shall be verified by the City or County Inspector.

MM GEO-03: Discing. Depending on site conditions and quantity of organics at time of grading, discing may be suitable in lieu of stripping. However, the decision must be made by a licensed Geotechnical Engineer at the time of earthwork construction. Discing operation, if approve, should be observed by the Geotechnical Engineer’s representative and be continuous until the organics are adequately mixed into the surface soils to provide a compactable mixture of soil containing minor amounts of organic matter. Pockets or concentrations of organics will not be allowed. Compliance shall be verified by the Inspector.

MM GEO- 04: Aeration for Soils with High Moisture Content. Upon the discovery of high moisture content within subgrade soils and excavated soils, considerable aeration to reach a moisture content that will permit the specified degree of compaction to be achieved shall be implemented by the Contractor and verified by Inspector. Aeration may include deep ripping to the top of the hardpan, mixing wetter soils with drier soils onsite, and/or windrows to dry the existing subgrade soils and the Project schedule should allow for adequate drying of the subgrade to achieve compactable moisture content.

MM GEO-05: Existing Pavement. Existing Pavement and flatworks (asphalt concrete and concrete) that are not incorporated into the new design should be broken up and removed from the site. Alternatively, pulverized asphalt and Portland cement concrete rubble may be used as fill by the Contractor as verified by the Inspector provided it is processes into fragments less than three inches in largest dimension, is mixed with soil or aggregate base to form a compactable mixture, and its use is approved by the Owner.

MM GEO-06: Scarification and Compaction. Compaction of all subgrade soils should be performed using a heavy, selfpropelled, sheepsfoot compactor capable of achieving the required compaction and must be performed by the Contractor in the presence of the Geotechnical Engineers’ representative. It is recommended that construction bid documents contain unit price (price per cubic pard) for additional excavation due to unstable wet soil or the presence of unsuitable materials and replacement with engineered fill.

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MM GEO-07: Engineered Fill Construction. If imported fill materials are required for the Project, imported fill materials should be granular materials with a Plasticity Index of 15 or less; an expansion Index of 20 or less; an organic content less than four percent; do not contain particles greater than three inches in maximum dimension, and shall be within a compactable moisture content. The Geotechnical Engineer must approve the imported fill three days prior to being transported on the Project Site and the contract must have appropriate documentation that the imported fill is clean of known contamination per DTSC and within acceptable corrosion limits.

MM GEO-08: Excavation and Fill Slopes. Permanent excavation and fill slopes should be constructed by the Contractor and verified by the Inspector as no steeper than two horizontals to one vertical (2H:1V) and should be vegetated as soon as practical following grading to minimize erosion in addition to the implementation of the following erosion control measures pursuant to MM HYDRO-01: Local SWPPP and MM HYDRO-02: StormwaterBMPs Throughout Project Construction.

MM GEO-09: Monitoring during Excavation. Throughout earthworks and excavation activities, the Geotechnical Engineer’s representative shall be present on a regular basis during all earthwork operations to observe and test the engineered fill and to verify compliance with Geotechnical Engineer recommendations as well as Project plans and specifications.

MM GEO-10: Utility Trench Backfill. Utility trench backfill shall be mechanically compacted by the Contractor and verified by the Inspector as engineered fill. Bedding and initial backfill around and over the pipe should conform to the pipe manufacturers recommendations for the pipe materials selected and applicable sections of the governing agency standards.

On-site soils shall be used as trench backfill. Utility backfills should be placed in thin lift, thoroughly moisture conditioned to at least the optimum moisture content, and compacted to at least 90 percent of the maximum dry density as determined by ASTM D1557. Within the upper six inches of pavement subgrade soil compaction of untreated soils should be increased to at least 95 percent relative compaction at less than the optimum moisture content. The lift thickness will depend on the type of compaction equipment used to backfill utility trenches.

MM GEO-11: Pavement Design. New pavements should match adjacent pavement sections and be constructed in accordance with design requirements of the applicable jurisdiction, Kiernan Avenue (CalTrans) Tully Road (County of Stanislaus) Dale Road (City of Modesto). Recommended construction per the Project Geotechnical Engineer is as follows:

PAVEMENT DESIGN ALTERNATIVES
Traffic
Index (TI)
Pavement Use Pavement Subgrades
R-value= 40
Type A
Asphalt Concrete (inches)
Class 2 Aggregate Base (inches)

4.5 Automobile Parking 2 ½ * 4.0

6.0 Entry-Exit Drives, Truck Traffic
and Fire Lanes

37.0 3 ½ * 6.0
Notes: *= Asphalt concrete thickness includes CALTRANS factor for safety.

The upper six inches of pavement subgrade soils should be compacted to at least 95 percent relative compaction at no less than the optimum moisture content (ASTM D1577). Pavement subgrades should be proof-rolled with a fully loaded, water truck to placement of aggregate base to identify soft/unstable areas that may require removal and re-compaction. In addition, there should be at least six inches of PCC pavement in areas subject to heavy wheel loading; and supported on at least four inches of compacted Class 2 aggregate base on the prepared subgrade.

MM PALEO-01: Paleontological Monitoring. Prior to the initiation of earthworks and ground distributing activities, the City of Modesto Utilities Department is responsible for hiring a qualitied paleontologist and developing a paleontological resource mitigation program that will be put in place to monitor, salvage, and curate any recovered fossils from the study area. The City Utilities Department will verify that paleontological monitoring is implemented during earthwork in native soils.

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8. GREENHOUSE GAS EMISSIONS
Issues
Potentially
Significant Impact
Less than
Significant Impact
with Mitigation
Incorporated
Less than
Significant Impact No Impact
VIII. GREENHOUSE GAS EMISSIONS. Would the Project:
a) Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
significant impact on the
environment?
b) Conflict with an applicable plan,
policy or regulation adopted for
the purpose of reducing the
emissions of greenhouse gases?

REGULATORY COMPLIANCE
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(3) ŶĂůLJnjĞƌĞĂƐŽŶĂďůĞĂůƚĞƌŶĂƟǀĞƐ͕ŝŶĐůƵĚŝŶŐƚŚŽƐĞƚŚĂƚǁŽƵůĚƌĞĚƵĐĞ','ĞŵŝƐƐŝŽŶƐƌĞůĂƟǀĞƚŽďĂƐĞůŝŶĞĐŽŶĚŝƟŽŶƐ͕ ĂŶĚŝĚĞŶƟĨLJĂǀĂŝůĂďůĞŵŝƟŐĂƟŽŶŵĞĂƐƵƌĞƐƚŽĂǀŽŝĚ͕ŵŝŶŝŵŝnjĞ͕ŽƌĐŽŵƉĞŶƐĂƚĞĨŽƌĐůŝŵĂƚĞĞīĞĐƚƐ͘

CARB
Scoping Plan
The CARB Board approved a Climate Change Scoping Plan in December 2008. The Scoping Plan outlines the State’s strategy ƚŽĂĐŚŝĞǀĞƚŚĞϮϬϮϬŐƌĞĞŶŚŽƵƐĞŐĂƐĞŵŝƐƐŝŽŶƐůŝŵŝƚ͘dŚĞ^ĐŽƉŝŶŐWůĂŶ͞ƉƌŽƉŽƐĞƐĂĐŽŵƉƌĞŚĞŶƐŝǀĞƐĞƚŽĨĂĐƟŽŶƐĚĞƐŝŐŶĞĚƚŽ reduce overall greenhouse gas emissions in California, improve our environment, reduce our dependence on oil, diversify our energy sources, save energy, create new jobs, and enhance public health” (California Air Resources Board 2008). The measures in the Scoping Plan have been in place since 2012. dŚŝƐ ^ĐŽƉŝŶŐ WůĂŶ ĐĂůůƐ ĨŽƌ ĂŶ ͞ĂŵďŝƟŽƵƐ ďƵƚ ĂĐŚŝĞǀĂďůĞ͟ ƌĞĚƵĐƟŽŶ ŝŶ ĂůŝĨŽƌŶŝĂ͛Ɛ ŐƌĞĞŶŚŽƵƐĞ ŐĂƐ ĞŵŝƐƐŝŽŶƐ͕ ĐƵƫŶŐ approximately 30 percent from business-as-usual emission levels projected for 2020, or about 10 percent from today’s levels.

On a per-capita basis, that means reducing annual emissions of 14 tons of carbon dioxide for every man, woman and child in California down to about 10 tons per person by 2020.

CALTRANS
Climate Change Vulnerability Assessment
dŚĞ>dZE^ůŝŵĂƚĞŚĂŶŐĞsƵůŶĞƌĂďŝůŝƚLJƐƐĞƐƐŵĞŶƚŚĞůƉƐƚŽďĞƩĞƌƵŶĚĞƌƐƚĂŶĚƚŚĞǀƵůŶĞƌĂďŝůŝƟĞƐŽĨĂůŝĨŽƌŶŝĂ͛Ɛ^ƚĂƚĞ Highway System as a result of changing climate and increases in severe weather events. The following study has three main ŽďũĞĐƟǀĞƐ͗
- Understand the types of weather-related and longer-term climate change events that will likely occur with greater frequency and intensity in future years;
- Conduct a vulnerability assessment to determine those Caltrans assets vulnerable to various climate-ŝŶŇƵĞŶĐĞĚ natural hazards; and
- ĞǀĞůŽƉĂŵĞƚŚŽĚƚŽƉƌŝŽƌŝƟnjĞĐĂŶĚŝĚĂƚĞƉƌŽũĞĐƚƐĨŽƌĂĐƟŽŶƐƚŚĂƚĂƌĞƌĞƐƉŽŶƐŝǀĞƚŽĐůŝŵĂƚĞĐŚĂŶŐĞĐŽŶĐĞƌŶƐ͕ǁŚĞŶ ĮŶĂŶĐŝĂůƌĞƐŽƵƌĐĞƐďĞĐŽŵĞĂǀĂŝůĂďůĞ͘
Stanislaus County
Regional Sustainability Toolbox
dŚĞŽƵŶƚLJŽĨ^ƚĂŶŝƐůĂƵƐĚĞǀĞůŽƉĞĚƚŚĞ^ƚĂŶŝƐůĂƵƐZĞŐŝŽŶĂů^ƵƐƚĂŝŶĂďŝůŝƚLJdŽŽůďŽdž;Z^dͿŝŶĐŽůůĂďŽƌĂƟŽŶǁŝƚŚĂůůŶŝŶĞŽĨƚŚĞ ŵƵŶŝĐŝƉĂůŝƟĞƐǁŝƚŚŝŶƚŚĞŽƵŶƚLJ͘dŚĞZ^dŝŶĐůƵĚĞƐŵƵůƟƉůĞƉůĂŶŶŝŶŐƚŽŽůƐƚŽĂĐŚŝĞǀĞĂŶŽǀĞƌĂůůƌĞĚƵĐƟŽŶŝŶ'ƌĞĞŶŚŽƵƐĞ'ĂƐ Emissions.
^ĂŶ:ŽĂƋƵŝŶŝƌWŽůůƵƟŽŶŽŶƚƌŽůŝƐƚƌŝĐƚ
dŚĞ^:sWĚŽĞƐŶŽƚŚĂǀĞĂŶĂĚŽƉƚĞĚƚŚƌĞƐŚŽůĚŽĨƐŝŐŶŝĮĐĂŶĐĞĨŽƌ','ĞŵŝƐƐŝŽŶƐ͖ŚŽǁĞǀĞƌ͕ƚŚĞ^:sWŚĂƐĂĚŽƉƚĞĚƚŚĞ Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA (December 17, 2009) and District Policy – ĚĚƌĞƐƐŝŶŐ','
ŵŝƐƐŝŽŶ/ŵƉĂĐƚƐĨŽƌ^ƚĂƟŽŶĂƌLJ^ŽƵƌĐĞWƌŽũĞĐƚƐhŶĚĞƌ
YtŚĞŶ^ĞƌǀŝŶŐĂƐƚŚĞ
Lead Agency (December 17, 2009).

City of Modesto
Climate Change Vulnerability Assessment
The City of Modesto’s Climate Change Vulnerability Assessment (CCVA) was adopted pursuant to State of California ƌĞƋƵŝƌĞŵĞŶƚƐ ĨŽƌ ĂĚĚƌĞƐƐŝŶŐ ĐůŝŵĂƚĞ ĐŚĂŶŐĞ ǀƵůŶĞƌĂďŝůŝƟĞƐ ĂŶĚ ĐůŝŵĂƚĞ ĐŚĂŶŐĞ ƌĞƐŝůŝĞŶĐLJ ĂƐ ƉĂƌƚ ŽĨ ƚŚĞ 'ĞŶĞƌĂů WůĂŶ (Modesto CCVA, 2022). The Climate ChanŐĞsƵůŶĞƌĂďŝůŝƚLJƐƐĞƐƐŵĞŶƚůŽŽŬƐƚŽŝĚĞŶƟĨLJĞdžƉŽƐƵƌĞ ƚŽĐƵƌƌĞŶƚĂŶĚƉƌŽũĞĐƚĞĚ ĐůŝŵĂƚĞĐŚĂŶŐĞŚĂnjĂƌĚƐ;ŝ͘Ğ͕͘ĂŐƌŝĐƵůƚƵƌĂůĂŶĚĞĐŽƐLJƐƚĞŵ ƉĞƐƚ͕ĂŝƌƋƵĂůŝƚLJ͕ĚƌŽƵŐŚƚ͕ĞdžƚƌĞŵĞŚĞĂƚ͕ŇŽŽĚŝŶŐ͕ ŚƵŵĂŶŚĞĂůƚŚ ŚĂnjĂƌĚƐ͕ ƐĞǀĞƌĞ ǁĞĂƚŚĞƌ͕ ĞƚĐ͘Ϳ͖ ŝĚĞŶƟĨLJ ƐĞŶƐŝƟǀŝƟĞƐ ĂŶĚ ƉŽƚĞŶƟĂů ŝŵƉĂĐƚƐ͖ ĂƐƐĞƐƐ ĂĚĂƉƟǀĞ ĐĂƉĂĐŝƚLJ͖ ĂŶĚ ƉƌŝŽƌŝƟnjĞ vulnerability scoring.

DISCUSSION
dŚĞƌĞƐƉŽŶƐĞƐǁŝƚŚŝŶƚŚŝƐƐĞĐƟŽŶĂƌĞďĂƐĞĚŽŶ Appendix A- Air Quality, Global Climate Change, and Energy Impact Analysis for the Stanislaus Elementary School 1,2,3-dWDŝƟŐĂƟŽŶWƌŽũĞĐƚĚĂƚĞĚĞĐĞŵďĞƌϭϰth, conducted by Ganddini. Results from the study are based on modeling from CalEEMod Version 2022.1.1.21, which was used to calculate the GHG emissions from #26..
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ƚŚĞĐŽŶƐƚƌƵĐƟŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚ͘dŚĞĐŽŶƐƚƌƵĐƟŽŶ-related GHG emissions were included in the analysis and were based on a 30-LJĞĂƌĂŵŽƌƟnjĂƟŽŶƌĂƚĞ͘
a) 'ĞŶĞƌĂƚĞŐƌĞĞŶŚŽƵƐĞŐĂƐĞŵŝƐƐŝŽŶƐ͕ĞŝƚŚĞƌĚŝƌĞĐƚůLJŽƌŝŶĚŝƌĞĐƚůLJ͕ƚŚĂƚŵĂLJŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚŽŶƚŚĞĞŶǀŝƌŽŶŵĞŶƚ͍ RESPONSE:
>ĞƐƐƚŚĂŶ^ŝŐŶŝĮĐĂŶƚ/ŵƉĂĐƚ͘dŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚŝƐƚŚĂƚŽĨƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨĂƉƉƌŽdžŝŵĂƚĞůLJϭϮ͕ϬϬϬůŝŶĞĂƌĨĞĞƚŽĨϭϮŝŶĐŚĚŝĂŵĞƚĞƌƉŝƉĞ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚŚĂƐƚŚĞƉŽƚĞŶƟĂůƚŽŐĞŶĞƌĂƚĞ','ĞŵŝƐƐŝŽŶƐĨƌŽŵŵŽďŝůĞƐŽƵƌĐĞƐ ĂŶĚ ĐŽŶƐƚƌƵĐƟŽŶĞƋƵŝƉŵĞŶƚ͘ ,ŽǁĞǀĞƌ͕ ŝƚ ƐŚŽƵůĚbe noted that mobile sources were not included in the analysis as ĂĚĚŝƟŽŶĂůƐƚĂĸŶŐŶĞĞĚƐĨŽƌůŽŶŐ-ƚĞƌŵŽƉĞƌĂƟŽŶĂŶĚŵĂŝŶƚĞŶĂŶĐĞŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚĂƌĞŶŽƚĂŶƟĐŝƉĂƚĞĚĂŶĚŽŶůLJ a minimal number of daily worker trips will ďĞŶĞĞĚĞĚĨŽƌƌŽƵƟŶĞŝŶƐƉĞĐƟŽŶƐĂŶĚŵĂŝŶƚĞŶĂŶĐĞ͘dŚĞƌĞĨŽƌĞ͕ĂĚĚŝƟŽŶĂů ǀĞŚŝĐůĞƚƌŝƉƐĂŶĚĞŵŝƐƐŝŽŶƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚǁŽƵůĚďĞŶĞŐůŝŐŝďůĞ͘ Based on the parameters above, GHG emissions were calculated for the proposed Project and (without credit for any ƌĞĚƵĐƟŽŶƐĨƌŽŵƐƵƐƚĂŝŶĂďůĞĚĞƐŝŐŶ͕ĂŶĚͬŽƌƌĞŐƵůĂƚŽƌLJƌĞƋƵŝƌĞŵĞŶƚƐͿĂŶĚĂƌĞĂŶƟĐŝƉĂƚĞĚƚŽďĞϮϯ͘ϭDdKϮĞ;ĂŵŽƌƟnjĞĚ over 30-years) for ProjecƚĐŽŶƐƚƌƵĐƟŽŶ͘^ĞĞTable 12: Project-Related Greenhouse Gas Emissions below.

TABLE 12: PROJECT-RELATED GREENHOUSE GAS EMISSSIONS
Category
Greenhouse Gas Emissions (Metric Tons/Year)
Bio-CO2 NonBio-CO2 CO2 CH4 N2O CO2e
ŽŶƐƚƌƵĐƟŽŶ
ŵŝƐƐŝŽŶƐ1 0.00 23.00 23.00 0.00 0.00 23.10
Total Emissions 0.00 23.00 23.00 0.00 0.00 23.10
Source: Appendix A- Air Quality, Greenhouse Gas, Energy Technical Memorandum, Ganddini 2024.

Notes: CalEEMod Version 2022.1.1.14
(1) ŽŶƐƚƌƵĐƟŽŶ','ĞŵŝƐƐŝŽŶƐKϮĞďĂƐĞĚŽŶĂϯϬ-LJĞĂƌĂŵŽƌƟnjĂƟŽŶƌĂƚĞ͘ Since the City of Modesto ĚŽĞƐŶŽƚŚĂǀĞƚŚƌĞƐŚŽůĚƐŽĨƐŝŐŶŝĮĐĂŶĐĞ͕ƉƌŽũĞĐƚƐĐŽŵƉůLJŝŶŐǁŝƚŚĂŶĂƉƉƌŽǀĞĚ','ĞŵŝƐƐŝŽŶƐ ƌĞĚƵĐƟŽŶƉůĂŶŽƌ','ŵŝƟŐĂƟŽŶƉƌŽŐƌĂŵthat ĂǀŽŝĚƐŽƌƐƵďƐƚĂŶƟĂůůLJ ƌĞĚuces GHG emissions within the geographic ĂƌĞĂŝŶǁŚŝĐŚƚŚĞWƌŽũĞĐƚŝƐůŽĐĂƚĞĚǁŽƵůĚďĞĚĞƚĞƌŵŝŶĞĚƚŽŚĂǀĞĂůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚŝŶĚŝǀŝĚƵĂůĂŶĚĐƵŵƵůĂƟǀĞŝŵƉĂĐƚ for GHG emissions; therefore, the Project and its GHG emissions have been compared to the goals of the CARB Scoping Plan under CEQA. The Project is consistent with the CARB Scoping Plan as shown within Table 13: Project Consistency with CARB Scoping Plan Policies and Measures͖ƚŚĞƌĞĨŽƌĞ͕ƚŚĞWƌŽũĞĐƚĂŶƟĐŝƉĂƚĞƐůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐ͘ Under NEPA, a Project’s GHG emissions is set forth by the CEQ Guidance Document. Since the guidance document does ŶŽƚƉƌŽǀŝĚĞĂŶƵŵĞƌŝĐĂůƚŚƌĞƐŚŽůĚ͕ƚŚĞŽĚĞŽĨ&ĞĚĞƌĂůZĞŐƵůĂƟŽŶƐdŝƚůĞϰϬ͕ŚĂƉƚĞƌϭ͕^ƵďĐŚĂƉƚĞƌ͕WĂƌƚϵϴŝŶĐůƵĚĞƐ ŵĂŶĚĂƚŽƌLJ','ƌĞƉŽƌƟŶŐƌĞƋƵŝƌĞŵĞŶƚƐĐŽŶƐŝƐƟŶŐŽĨϮϱ͕ϬϬϬDdKĞƉĞƌLJĞĂƌƚŽĂƐƐĞƐƐƉƌŽũĞĐƚƐ͘Therefore, a threshold ŽĨϮϱ͕ϬϬϬDdKϮĞƉĞƌLJĞĂƌǁĂƐƵƟůŝnjĞĚƚŽĂƐƐĞƐƐƚŚĞŝŵƉĂĐƚƐŽĨƚŚĞGHG ĞŵŝƐƐŝŽŶƐŝŶƌĞůĂƟŽŶƚŽE W͘The proposed
Project’s GHG emissions do not exceed the threshold of 25,000 MTCO2e per year; as a result, the Project is less than ƐŝŐŶŝĮĐĂŶƚƉƵƌƐƵĂŶƚƚŽE
W͘
TŚĞWƌŽũĞĐƚŝƐĐŽŶƐŝƐƚĞŶƚǁŝƚŚ
Y'ƵŝĚĞůŝŶĞƐ^ĞĐƟŽŶϭϱϬϲϰŚ;ϯͿ10 the City, as lead agency, has determined that the WƌŽũĞĐƚ͛ƐĐŽŶƚƌŝďƵƟŽŶƚŽĐƵŵƵůĂƟǀĞ','ĞŵŝƐƐŝŽŶƐĂŶĚŐůŽďĂůĐůŝŵĂƚĞĐŚĂŶŐĞǁŽƵůĚďĞůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚŝĨƚŚĞWƌŽũĞĐƚ is consistent with the applicable regulatory plans and policies to reduce GHG emissions.

ƐĂƌĞƐƵůƚ͕ƚŚĞWƌŽũĞĐƚĚŽĞƐŶŽƚĂŶƟĐŝƉĂƚĞƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐ͕ůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚŝŵƉĂĐƚƐ ĂƌĞĂŶƟĐŝƉĂƚĞĚ͘EŽDŝƟŐĂƟŽŶ Measures are needed.
10 The State CEQA Guidelines were amended in response to SB 97. In particular, the State CEQA Guidelines were amended to specify that compliance with a GHG emissions reduction program renders a cumulative impact insignificant. Per State CEQA Guidelines Section 15064(h)(3), a project’s incremental contribution to a cumulative impact can be found not cumulatively considerable if the project will comply with an approved plan or mitigation program that provides specific requirements that will avoid or substantially lessen the cumulative problem within the geographic area of the project. To qualify, such a plan or program must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency. Examples of such programs include a “water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, habitat conservation plan, natural community conservation plan, [and] plans or regulations for the reduction of greenhouse gas emissions.” #26..
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b) ŽŶŇŝĐƚǁŝƚŚĂŶĂƉƉůŝĐĂďůĞƉůĂŶ͕ƉŽůŝĐLJŽƌƌĞŐƵůĂƟŽŶĂĚŽƉƚĞĚĨŽƌƚŚĞƉƵƌƉŽƐĞŽĨƌĞĚƵĐŝŶŐƚŚĞĞŵŝƐƐŝŽŶƐŽĨŐƌĞĞŶŚŽƵƐĞ gases?
RESPONSE:
>ĞƐƐƚŚĂŶ^ŝŐŶŝĮĐĂŶƚ/ŵƉĂĐƚ. At a level of 23.1 MTCO2e per year, the Project's GHG emissions would be in compliance ǁŝƚŚƚŚĞƌĞĚƵĐƟŽŶŐŽĂůƐŽĨƚŚĞZ^ĐŽƉŝŶŐWůĂŶ͕-32 and SB-32. Furthermore, the Project will comply with applicable Green Building Standards and the City of Modesto’s policies regarding sustainability (as dictated by the City's General WůĂŶͿ͘'ŝǀĞŶ ƚŚĞWƌŽũĞĐƚ͛ƐĐŽŶƐŝƐƚĞŶĐLJǁŝƚŚ ƚŚĞZ^ĐŽƉŝŶŐWůĂŶ͕ ƚŚĞWƌŽũĞĐƚǁŽƵůĚŶŽƚĐŽŶŇŝĐƚǁŝƚŚĂŶLJĂƉƉůŝĐĂďůĞ ƉůĂŶ͕ ƉŽůŝĐLJ͕ Žƌ ƌĞŐƵůĂƟŽŶ ŽĨ ĂŶ ĂŐĞŶĐLJ ĂĚŽƉƚĞĚ ĨŽr the purpose of reducing the emissions of GHGs. Given this consistency, it is concluded thĂƚƚŚĞWƌŽũĞĐƚ͛ƐŝŶĐƌĞŵĞŶƚĂůĐŽŶƚƌŝďƵƟŽŶƚŽŐƌĞĞŶŚŽƵƐĞŐĂƐĞŵŝƐƐŝŽŶƐĂŶĚƚŚĞŝƌĞīĞĐƚƐŽŶ ĐůŝŵĂƚĞĐŚĂŶŐĞǁŽƵůĚŶŽƚďĞĐƵŵƵůĂƟǀĞůLJĐŽŶƐŝĚĞƌĂďůĞ͘
/ŵƉĂĐƚƐĂƌĞĐŽŶƐŝĚĞƌĞĚƚŽďĞůĞƐƐƚŚĂŶƐŝŐŶŝĮĐĂŶƚ͖ŶŽDŝƟŐĂƟŽŶDĞĂƐƵƌĞƐĂƌĞŶĞĞĚĞĚ͘ TABLE 13: PROJECT CONSISTENCY WITH CARB SCOPING PLAN POLICIES AND MEASURES 2008 Scoping Plan Measures to Reduce Greenhouse Gas Emissions Project Compliance with Measure California Light-Duty Vehicle Greenhouse Gas Standards – Implement adopted standards and planned second phase of the program. Align zero- ĞŵŝƐƐŝŽŶǀĞŚŝĐůĞ͕ĂůƚĞƌŶĂƟǀĞĂŶĚƌĞŶĞǁĂďůĞĨƵĞůĂŶĚǀĞŚŝĐůĞ technology programs with long-term climate change goals.

EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.

ŶĞƌŐLJ
ĸĐŝĞŶĐLJ– DĂdžŝŵŝnjĞĞŶĞƌŐLJĞĸĐŝĞŶĐLJďƵŝůĚŝŶŐĂŶĚĂƉƉůŝĂŶĐĞ ƐƚĂŶĚĂƌĚƐ͖ƉƵƌƐƵĞĂĚĚŝƟŽŶĂůĞĸĐŝĞŶĐLJŝŶĐůƵĚŝŶŐŶĞǁƚĞĐŚŶŽůŽŐŝĞƐ͕ ƉŽůŝĐLJ͕ĂŶĚŝŵƉůĞŵĞŶƚĂƟŽŶŵĞĐŚĂŶŝƐŵƐ͘WƵƌƐƵĞĐŽŵƉĂƌĂďůĞ ŝŶǀĞƐƚŵĞŶƚŝŶĞŶĞƌŐLJĞĸĐŝĞŶĐLJĨƌŽŵĂůůƌĞƚĂŝůƉƌŽǀŝĚĞƌƐŽĨelectricity in California.

EŽŽŶŇŝĐƚ͘dŚĞWƌŽũĞĐƚǁŝůůďĞĐŽŵƉůŝĂŶƚǁŝƚŚĂŶLJĂƉƉůŝĐĂďůĞ ƉŽƌƟŽŶƐŽĨƚŚĞĐƵƌƌĞŶƚdŝƚůĞϮϰƐƚĂŶĚĂƌĚƐ͘
Low Carbon Fuel Standard – Develop and adopt the Low Carbon Fuel Standard.

EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
sĞŚŝĐůĞ
ĸĐŝĞŶĐLJDĞĂƐƵƌĞƐ– Implement light-ĚƵƚLJǀĞŚŝĐůĞĞĸĐŝĞŶĐLJ measures.

EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.

Medium/Heavy-Duty Vehicles – Adopt medium and heavy-duty vehicle ĞĸĐŝĞŶĐLJŵĞĂƐƵƌĞƐ͘
EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.

Green Building Strategy –
džƉĂŶĚƚŚĞƵƐĞŽĨŐƌĞĞŶďƵŝůĚŝŶŐƉƌĂĐƟĐĞƐƚŽ
ƌĞĚƵĐĞƚŚĞĐĂƌďŽŶĨŽŽƚƉƌŝŶƚŽĨĂůŝĨŽƌŶŝĂ͛ƐŶĞǁĂŶĚĞdžŝƐƟŶŐŝŶǀĞŶƚŽƌLJ of buildings.

EŽŽŶŇŝĐƚ͘dŚĞĂůŝĨŽƌŶŝĂ'ƌĞĞŶƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐŽĚĞ;ƉƌŽƉŽƐĞĚ Part 11, Title 24) was adopted as part of the California Building Standards Code in the CCR. Part 11 establishes voluntary standards, ƚŚĂƚĂƌĞŵĂŶĚĂƚŽƌLJŝŶƚŚĞϮϬϭϵĞĚŝƟŽŶŽĨƚŚĞŽĚĞ͕ŽŶ planning and ĚĞƐŝŐŶĨŽƌƐƵƐƚĂŝŶĂďůĞƐŝƚĞĚĞǀĞůŽƉŵĞŶƚ͕ĞŶĞƌŐLJĞĸĐŝĞŶĐLJ;ŝŶĞdžĐĞƐƐ ŽĨƚŚĞĂůŝĨŽƌŶŝĂ
ŶĞƌŐLJŽĚĞƌĞƋƵŝƌĞŵĞŶƚƐͿ͕ǁĂƚĞƌĐŽŶƐĞƌǀĂƟŽŶ͕
ŵĂƚĞƌŝĂůĐŽŶƐĞƌǀĂƟŽŶ͕ĂŶĚŝŶƚĞƌŶĂůĂŝƌĐŽŶƚĂŵŝŶĂŶƚƐ͘/ŶĂĚĚŝƟŽŶ͕ƚŚĞ ϮϬϮϮĞĚŝƟŽŶŽĨƚŚĞŽĚĞƚŽŽŬĞīĞĐƚ January 1, 2023. The Project is ƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨĂǁĂƚĞƌƉŝƉĞůŝŶĞ͕ŚŽǁĞǀĞƌ͕ŝƚWƌŽũĞĐƚǁŝůůďĞƐƵďũĞĐƚ ƚŽĂŶLJĂƉƉůŝĐĂďůĞƉŽƌƟŽŶƐŽĨƚŚĞƐĞŵĂŶĚĂƚŽƌLJƐƚĂŶĚĂƌĚƐ͘ ,ŝŐŚ'ůŽďĂůtĂƌŵŝŶŐWŽƚĞŶƟĂů'ĂƐĞƐ– Adopt measures to reduce high ŐůŽďĂůǁĂƌŵŝŶŐƉŽƚĞŶƟĂůŐĂƐĞƐ͘
EŽŽŶŇŝĐƚ͘ZŝĚĞŶƟĮĞĚĮǀĞŵĞĂƐƵƌĞƐƚŚĂƚƌĞĚƵĐĞ,& ĞŵŝƐƐŝŽŶƐĨƌŽŵǀĞŚŝĐƵůĂƌĂŶĚĐŽŵŵĞƌĐŝĂůƌĞĨƌŝŐĞƌĂƟŽŶƐLJƐƚĞŵƐ͖ vehicles that access the Project that are required to comply with the measures will comply with the strategy.

Recycling and Waste – ZĞĚƵĐĞŵĞƚŚĂŶĞĞŵŝƐƐŝŽŶƐĂƚůĂŶĚĮůůƐ͘/ŶĐƌĞĂƐĞ ǁĂƐƚĞĚŝǀĞƌƐŝŽŶ͕ĐŽŵƉŽƐƟŶŐ͕ĂŶĚĐŽŵŵĞƌĐŝĂůƌĞĐLJĐůŝŶŐ͘DŽǀĞƚŽǁĂƌĚ zero waste.

EŽŽŶŇŝĐƚ͘dŚĞƐƚĂƚĞŝƐĐƵƌƌĞŶƚůLJĚĞǀĞůŽƉŝŶŐĂƌĞŐƵůĂƟŽŶƚŽƌĞĚƵĐĞ ŵĞƚŚĂŶĞĞŵŝƐƐŝŽŶƐĨƌŽŵŵƵŶŝĐŝƉĂůƐŽůŝĚǁĂƐƚĞůĂŶĚĮůůƐ͘dŚĞWƌŽũĞĐƚ will be required to comply with local programs, such as City and/or ŽƵŶƚLJƌĞĐLJĐůŝŶŐĂŶĚǁĂƐƚĞƌĞĚƵĐƟŽŶƉƌŽŐƌĂŵƐ͕ǁŚŝch comply, with ƚŚĞϳϱƉĞƌĐĞŶƚƌĞĚƵĐƟŽŶƌĞƋƵŝƌĞĚďLJϮϬϮϬƉĞƌϯϰϭ͘
Water – ŽŶƟŶƵĞĞĸĐŝĞŶĐLJƉƌŽŐƌĂŵƐĂŶĚƵƐĞĐůĞĂŶĞƌĞŶĞƌŐLJƐŽƵƌĐĞƐ to move and treat water.

EŽŽŶŇŝĐƚ͘dŚĞWƌŽũĞĐƚŝƐƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨĂŶĞǁǁĂƚĞƌƉŝƉĞůŝŶĞ and will comply with all applicable City ordinances and CAL Green requirements.

ϮϬϭϳ^ĐŽƉŝŶŐWůĂŶZĞĐŽŵŵĞŶĚĞĚĐƟŽŶƐƚŽZĞĚƵĐĞ','
ŵŝƐƐŝŽŶƐ WƌŽũĞĐƚŽŵƉůŝĂŶĐĞǁŝƚŚZĞĐŽŵŵĞŶĚĞĚĐƟŽŶ
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STANISLAUS ELEMENTARY SCHOOL 1,2,3-TCP MITIGATION PROJECT CITY OF MODESTO PAGE 63
November 2024
Implement Mobile Source Strategy: Further increase GHG stringency on all light-ĚƵƚLJǀĞŚŝĐůĞƐďĞLJŽŶĚĞdžŝƐƟŶŐĚǀĂŶĐĞĚůĞĂŶĂƌ ƌĞŐƵůĂƟŽŶƐ͘
EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.

Implement Mobile Source Strategy: At least 1.5 million zero emission and plug-in hybrid light-duty electric vehicles by 2025 and at least 4.2 million zero emission and plug-in hybrid light-duty electric vehicles by 2030.

EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
/ŵƉůĞŵĞŶƚDŽďŝůĞ^ŽƵƌĐĞ^ƚƌĂƚĞŐLJ͗/ŶŶŽǀĂƟǀĞůĞĂŶdƌĂŶƐŝƚ͗dƌĂŶƐŝƟŽŶ to a suite of to-be-ĚĞƚĞƌŵŝŶĞĚŝŶŶŽǀĂƟǀĞĐůĞĂŶƚƌĂŶƐŝƚŽƉƟŽŶƐ͘ Assumed 20 percent of new urban buses purchased beginning in 2018 ǁŝůůďĞnjĞƌŽĞŵŝƐƐŝŽŶďƵƐĞƐǁŝƚŚƚŚĞƉĞŶĞƚƌĂƟŽŶŽĨnjĞro-emission technology ramped up to 100 percent of new sales in 2030. Also, new ŶĂƚƵƌĂůŐĂƐďƵƐĞƐ͕ƐƚĂƌƟŶŐŝŶϮϬϭϴ͕ĂŶĚĚŝĞƐĞůďƵƐĞƐ͕ƐƚĂƌƟŶŐŝŶϮϬϮϬ͕ ŵĞĞƚƚŚĞŽƉƟŽŶĂůŚĞĂǀLJ-duty low-NOX standard.

EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.
/ŵƉůĞŵĞŶƚDŽďŝůĞ^ŽƵƌĐĞ^ƚƌĂƚĞŐLJ͗>ĂƐƚDŝůĞĞůŝǀĞƌLJ͗EĞǁƌĞŐƵůĂƟŽŶ that would result in the use of low NOX or cleaner engines and the deployment of increasing numbers of zero-emission trucks primarily for class 3-7 last mile delivery trucks in California. This measure assumes ZEVs comprise 2.5 percent of new Class 3–ϳƚƌƵĐŬƐĂůĞƐŝŶůŽĐĂůŇĞĞƚƐ ƐƚĂƌƟŶŐŝŶϮϬϮϬ͕ŝŶĐƌĞĂƐŝŶŐƚŽϭϬƉĞƌĐĞŶƚŝŶϮϬϮϱĂŶĚƌĞŵĂŝŶŝŶŐŇĂƚ through 2030.

EŽŽŶŇŝĐƚ͘dŚĞƐĞĂƌĞZĞŶĨŽƌĐĞĚƐƚĂŶĚĂƌĚƐ͖ǀĞŚŝĐůĞƐƚŚĂƚĂĐĐĞƐƐ the Project (that are required to comply with the standards) will comply with the strategy.

Implement SB 350 by 2030: Establish annual targets for statewide ĞŶĞƌŐLJĞĸĐŝĞŶĐLJƐĂǀŝŶŐƐĂŶĚĚĞŵĂŶĚƌĞĚƵĐƟŽŶƚŚĂƚǁŝůůĂĐŚŝĞǀĞĂ ĐƵŵƵůĂƟǀĞĚŽƵďůŝŶŐŽĨƐƚĂƚĞǁŝĚĞĞŶĞƌŐLJĞĸĐŝĞŶĐLJƐĂǀŝŶŐƐŝŶĞůĞĐƚƌŝĐŝƚLJ and natural gas end uses by 2030.

EŽŽŶŇŝĐƚ͘dŚĞWƌŽũĞĐƚŝƐƚŚĞŝŶƐƚĂůůĂƟŽŶŽĨĂǁĂƚĞƌƉŝƉĞůŝŶĞ͘ However, ƚŚĞWƌŽũĞĐƚǁŝůůďĞĐŽŵƉůŝĂŶƚǁŝƚŚĂŶLJĂƉƉůŝĐĂďůĞƉŽƌƟŽŶƐ of the current Title 24 standards.
LJϮϬϭϵ͕ĚĞǀĞůŽƉƌĞŐƵůĂƟŽŶƐĂŶĚƉƌŽŐƌĂŵƐƚŽƐƵƉƉŽƌƚŽƌŐĂŶŝĐǁĂƐƚĞ ůĂŶĚĮůůƌĞĚƵĐƟŽŶŐŽĂůƐŝŶƚŚĞ^>WĂŶĚ^ϭϯϴϯ͘
EŽŽŶŇŝĐƚ͘dŚĞƉƌŽũĞĐƚǁŝůůďĞƌĞƋƵŝƌĞĚƚŽĐŽŵƉůLJǁŝƚŚůŽĐĂů ƉƌŽŐƌĂŵƐ͕ƐƵĐŚĂƐŝƚLJĂŶĚͬŽƌŽƵŶƚLJƌĞĐLJĐůŝŶŐĂŶĚǁĂƐƚĞƌĞĚƵĐƟŽŶ ƉƌŽŐƌĂŵƐ͕ǁŚŝĐŚĐŽŵƉůLJ͕ǁŝƚŚƚŚĞϳϱƉĞƌĐĞŶƚƌĞĚƵĐƟŽŶƌĞƋƵŝƌĞĚďLJ 2020 per AB 341.

ϮϬϮϮ^ĐŽƉŝŶŐWůĂŶWƌŝŽƌŝƚLJ<ĞLJĐƟŽŶƐĂŶĚZĞĐŽŵŵĞŶĚĂƟŽŶƐ WƌŽũĞĐƚŽŵƉůŝĂŶĐĞǁŝƚŚZĞĐŽŵŵĞŶĚĞĚĐƟŽŶƐ 100 percent of light-duty vehicle sales are ZEVs by 2035. EŽƚƉƉůŝĐĂďůĞ͘dŚŝƐĂĐƟŽŶŝƐŝŶƌĞŐĂƌĚƚŽǀĞŚŝĐůĞƐĂůĞƐ͕ǁŝƚŚĂŶĂŝŵ to have 100 percent of light-duty vehicle sales be ZEVs by 2035. The proposed Project would not interfere with such policymaking.

VMT per capita reduced 25 percent below 2019 levels by 2030 and 30 percent below 2019 levels by 2045.

EŽŽŶŇŝĐƚ͘dŚĞWƌŽũĞĐƚǁŽƵůĚŶŽƚƌĞƐƵůƚŝŶĂŶƵŶŵŝƟŐĂƚĞĚŝŵƉĂĐƚƚŽ sDd͘ĚĚŝƟŽŶĂůƐƚĂĸŶŐŶĞĞĚƐĨŽƌůŽŶŐ-ƚĞƌŵŽƉĞƌĂƟŽŶĂŶĚ ŵĂŝŶƚĞŶĂŶĐĞŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚĂƌĞŶŽƚĂŶƟĐŝƉĂƚĞĚĂŶĚŽŶůLJĂ ŵŝŶŝŵĂůŶƵŵďĞƌŽĨĚĂŝůLJǁŽƌŬĞƌƚƌŝƉƐĂƌĞĂŶƟĐŝƉĂƚĞĚƚŽĐŽŶĚuct ƌŽƵƟŶĞŝŶƐƉĞĐƟŽŶƐĂŶĚĞŶƐƵƌĞƉƌŽƉĞƌůŽŶŐ-term maintenance. dŚĞƌĞĨŽƌĞ͕ƚŚĞĂĚĚŝƟŽŶĂůǀĞŚŝĐůĞƚƌŝƉƐĨƌŽŵƚŚĞĞdžŝƐƟŶŐŽƉĞƌĂƟŽŶƐ ĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚŚĞŽƉĞƌĂƟŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚǁŽƵůĚďĞ minimal.
ůůĞůĞĐƚƌŝĐĂƉƉůŝĂŶĐĞƐŝŶŶĞǁĐŽŶƐƚƌƵĐƟŽŶďĞŐŝŶŶŝŶŐϮϬϮϲ;ƌĞƐŝĚĞŶƟĂůͿ and 2029 (commercial).

EŽƚƉƉůŝĐĂďůĞ͘dŚŝƐĂĐƟŽŶŝƐŝŶƌĞŐĂƌĚƚŽƌĞƐŝĚĞŶƟĂůĂŶĚĐŽŵŵĞƌĐŝĂů ĂƉƉůŝĂŶĐĞƐĂŶĚƚŚĞƉƌŽƉŽƐĞĚWƌŽũĞĐƚŝƐĂǁĂƚĞƌƉŝƉĞůŝŶĞŝŶƐƚĂůůĂƟŽŶ Project and would not interfere with such policymaking. &ŽƌĞdžŝƐƟŶŐƌĞƐŝĚĞŶƟĂůďƵŝůĚŝŶŐƐ͕ϴϬƉĞƌĐĞŶƚŽĨĂƉƉůŝĂŶĐĞƐĂůĞƐĂƌĞ electric by 2030 and 100 percent of appliance sales are electric by 2035 ;ĂƉƉůŝĂŶĐĞƐƌĞƉůĂĐĞĚĂƚĞŶĚŽĨůŝĨĞͿ͘&ŽƌĞdžŝƐƟŶŐĐŽŵŵĞƌĐŝĂůďƵŝůĚŝŶŐƐ͕ 80 percent of appliance sales are electric by 2030 and 100 percent of appliance sales are electric by 2045 (appliances replaced at end of life) EŽƚƉƉůŝĐĂďůĞ͘dŚŝƐĂĐƟŽŶŝƐŝŶƌĞŐĂƌĚƚŽĂƉƉůŝĂŶĐĞƐĂůĞƐĂŶĚƚŚĞ ƉƌŽƉŽƐĞĚWƌŽũĞĐƚŝƐĂǁĂƚĞƌƉŝƉĞůŝŶĞŝŶƐƚĂůůĂƟŽŶWƌŽũĞĐƚĂŶĚǁŽƵůĚ not interfere with such policymaking.

Source: Appendix A (Ganddini, 2023); CARB Scoping Plan (2008, 2017, & 2022) #26..
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9. HAZARDS AND HAZARDOUS MATERIALS
Issues
Potentially
Significant Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
IX. HAZARDS AND HAZARDOUS MATERIALS. Would the Project:
a) Create a significant hazard
to the public or the
environment through the
routine transport, use, or
disposal of hazardous
materials?
b) Create a significant hazard
to the public or the
environment through
reasonably foreseeable
upset and accident
conditions involving the
release of hazardous
materials into the
environment?
c) Emit hazardous emissions or
handle hazardous or acutely
hazardous materials,
substances, or waste within
one-quarter mile of an
existing or proposed school?
d) Be located on a site which is
included on a list of
hazardous materials sites
compiled pursuant to
Government Code
§ 65962.5 and, as a result,
would it create a significant
hazard to the public or the
environment?
e) For a Project located within
an airport land use plan or,
where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would the
Project result in a safety
hazard or excessive noise for
people residing or working
in the Project area?
f) Impair implementation of or
physically interfere with an
adopted emergency
response plan or emergency
evacuation plan?
g) Expose people or structures,
either directly or indirectly,
to a significant risk of loss,
injury or death involving
wildland fires?

REGULATORY COMPLIANCE
U.S. Environmental Protection Agency (EPA)
The EPA provides federal regulations regarding the adequate hazardous waste management. The EPA was given authority by Congress to develop the Resource Conservation and Recovery (RCRA) program through the RCRA Act. The Act created the #26..
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framework from the proper management of hazardous and non-hazardous solid waste. Under RCRA, the EPA regulates hazardous waste from generation to disposal, referred to as “cradle to grave.” Over the years, the EPA has led several hazardous waste initiatives to meet growing challenges that come with hazardous waste management. The EPA has created standards, exclusions, and exemptions for certain types of wastes including Universal Waste, Household Hazardous Waste, Pharmaceutical hazardous waste, etc.

California Department of Toxic Substances Control (DTSC) California Department of Toxic Substances Control (DTSC) has primary responsibility for regulating hazardous materials in California under authority of Resource Conservation and Recovery Act and the California Health and Safety Code and California Hazardous Waste Control Law. Other entities with responsibility for hazardous materials regulation include:
 Regional Water Quality Control Board – under authority of the Porter Cologne Water Quality Control Act of 1969  California Department of Pesticide Regulations, Department of Food and Agriculture, and the Department of Public Health – under authority of California Code of Regulations Title 3 and Title 22  California Department of Industrial Relations, Division of OSHA – under authority of California Code of Regulations Title 8
 California Air Toxic “Hot Spots” (AB 2588) Program – under authority of the California Safety Code & SJVAPCD Air Toxics Program
In addition to various regulations, the DTSC also provides an Emergency Response Unit (ERU). The ERU is in place to issue “statewide response to actual and potential released of hazardous substances that pose an acute threat to public health and/ or the environment” (DTSC 2022).

California Division of Occupational Safety and Health (CAL-OSHA) CAL-OSHA enforces worker safety requirements, which contains standards specifically for hazardous waste operations, emergency response, safety, and preparedness. CAL-OSHA standards must be implemented during general industry and construction activities.

National Pollutant Discharge Elimination System
The National Pollutant Discharge Elimination System (NPDES) is a permit program led and managed by the U.S. Environmental Protection Agency Office of Wastewater Management in coordination with EPA regional offices. The NPDES permit program ensures water quality is not degraded by the discharge of stormwater from construction Projects. The NPDES General Construction Permit applies to Projects that plan to disturb more than one acre or lore of land during construction.

Compliance with permitting requirements called for a Storm Water Pollution Prevention Plan (SWPPP).

CertifiedUnified Program Agency (CUPA)
The Certified Unified Program Agency (CUPA) is a program that consolidates the administrative requirements, permit, inspections, and enforcement activities of multiple environmental and emergency response programs. California Environmental Protection Agency and other state agencies set the standards for the Program, while local governments enforce their standards via CUPAs. Stanislaus’s CUPA is part of the Environmental Health Department, which was an action approved by the State for Stanislaus. This department administers/ oversees the Hazardous Waste Management Plan, Underground Storage Tank Program, Above Ground Storage Tank Program, California Accidental Release Prevention Program, Household Hazardous Waste Collection Program, Medical Waste Program, Hazardous Materials Disclosure Program (including Hazardous Materials Business Plans) (Stanislaus County GP EIR, 2016).

Stanislaus County Local Hazard Mitigation Plan
The Stanislaus County Local Hazard Mitigation Plan (LHMP) is intended to reduce impacts to hazards for prevention of negative public health and the environmental implications. The LHMP establishes plans for disasters in order to improve response times and outcomes in the event disaster occurs. The LHMP results in direct benefits (reduced loss of life; reduced loss of property and essential services; reduce economic hardships; reduced construction costs; increased cooperation and communication within the community through the planning processes; and expedited post-disaster funding) and indirect benefits (disaster resilience; environmental quality; economic vitality; and improved quality of life) (Stanislaus County LHMP 2017).

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The basic elements involved in our Hazard Mitigation Plan include:
- Prerequisite - This section addresses the formal adoption of the plan by each governing body to demonstrate the commitment of the community and elected officials to the County's goal of becoming disaster-resistant. - Community Profile - This section provides the history and background of the County, including population trends and the demographic and economic conditions that have shaped the area. - Planning Process - This section identifies the planning process, the Planning Team members, the meetings held as part of the planning process, documents the outreach efforts, and the review and incorporation of existing plans, reports, and other appropriate information.
- Risk Assessment - This section describes the process through which the Planning Team and our local partners identified, screened, and selected the hazards to be profiled. The hazard analysis includes the description, location, extent, and probability of future events for each hazard. - Mitigation Plan/Strategy - The mitigation strategy section provides a plan for reducing the potential losses identified in the vulnerability analysis. Mitigation goals and potential actions to minimize the risks and losses associated with each hazard will be described along with a strategy for implementation. - Plan Maintenance - This section describes the method and schedule for monitoring, evaluating and updating the plan to ensure that the LHMP remains an active and applicable document.

Stanislaus County Emergency Operations Plan
The Stanislaus County Emergency Operations Plan (EOP) is a plan for response to potential disasters within County Limits.

The EOP addresses the planned response to emergency situations and recovery efforts throughout the County. In order to adequately address such issues, the EOP establishes the following:
- Establishes the emergency management organization required to mitigate any significant emergency or disaster affecting Stanislaus County.
- Identifies the roles and responsibilities required to protect the health and safety of Stanislaus County residents, public and private property, and the environmental effects of natural, man-made, and technological emergencies and disasters.
- Establishes the operational concepts associated with a field response to emergencies, the Stanislaus County Emergency Operations Center (EOC) activities, and the recovery process.

The Stanislaus County Emergency Operations Center (EOC) serves the Stanislaus Operational Area for coordination and communications between the Stanislaus County Operational Area Member Jurisdictional EOCs and the Inland Region. The EOC also coordinates with local mutual aid coordinators including fire, law enforcement, emergency management, publicworks, and medical-health specific resources.

City of Modesto Fire Department
The City’s Fire Department responds to emergencies related to hazardous materials within City Limits and provides review and approval on individual projects that would generate and/or transport hazardous waste. Depending on project requirements, approvals may require a hazardous material transportation program. City policies for hazardous waste management are outlined in the City’s General Plan and discussed in the following section. The City Fire Department reviews and approves hazardous materials transportation programs pursuant to UAGP Policy VI.M.4.

DISCUSSION
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
RESPONSE:

Less than Significant Impact. As defined by the California Health and Safety Code Section 25501, “hazardous material” is any materials with “quantity, concentration, or physical or chemical characteristics” that “poses a significant or potential hazard to human health and safety or to the environmental of released into the workplace or the environment” (CHSC Section 25501). Within Modesto City Limits and the Urban Area General Plan (UAGP), hazardous materials come from groundwater point source pollution (Leaking Underground Storage Tanks, Superfund Sites (the “Modesto Groundwater Contamination” site), etc.); and nonpoint source pollution (animal wastes, solvents, household chemicals, etc.) (Modesto EIR GP, 2019).

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Response to human-induced and natural hazards within City Limits is the City’s primary duty. The City’s municipal code is intended to protect the health, safety, and welfare of its population. Stanislaus County is one of California’s leading agricultural producers. Hazardous Materials associated within agricultural and livestock production include pesticide use and other potentially hazardous chemicals. However, Stanislaus County and the City of Modesto have established Hazardous Waste Management Plans that mitigate potential upsets during routine transport, use, and disposal of hazardous materials. The Hazardous Waste Management Plans indicate the Best Management Practices and procedures needed prior to, during, and upon disposal of hazardous materials, and are established by the Stanislaus County Hazardous Material Division of the Department of Environmental Resources. BMPs include waste must be in its original container, no leaking, waste per visit must not exceed 15 gallons or 125 lbs, and discard must occur completely empty containers into the trash.

Project construction will involve the use of heavy equipment and chemicals including the transport of diesel fuel for construction equipment to and from the Project. As a result, the Project will comply with Modesto General Plan Policy HM-3 (See Table 14: Consistency with Modesto Hazardous Waste Policies and Mitigation Measures), which indicates the Project will comply with all Federal, State, and Local Regulations pertaining to transport, use, or disposal of hazardous materials via enforcement of the County’s Hazardous Waste Management Plan and City of Modesto’s plan check and review process. See Regulatory Compliance above. In addition, due to the consistency with Modesto’s General Plan Policies and Proposed Mitigation Measures as shown in Table 14: Consistency with Modesto Hazardous Waste Policies and Mitigation Measures below, the Project displays conformance with the approved General Plan.

Upon the completion of Project construction, the Project does not anticipate the use of hazardous materials at the Project Location. As a result of the reasons above, less than significant impacts related to a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. No Mitigation Measures are needed.

TABLE 14: CONSISTENCY WITH MODESTO HAZARDOUS WASTE APPLICABLE GP MITIGATING POLICIES City of Modesto Policies for Hazardous Materials Management Project Compliance HM-ϯ͘ŽŵƉůLJǁŝƚŚĂůůĞdžŝƐƟŶŐĨĞĚĞƌĂůĂŶĚƐƚĂƚĞůĂǁƐǁŚŝĐŚƌĞŐƵůĂƚĞƚŚĞ ŐĞŶĞƌĂƟŽŶ͕ƚƌĂŶƐƉŽƌƚĂƟŽŶ͕ƐƚŽƌĂŐĞ͕ĂŶĚĚŝƐƉŽƐĂůŽĨŚĂnjĂƌĚŽƵƐŵĂƚĞƌŝĂůƐ͘ (Policy VI.M.1)
Throughout Project ĐŽŶƐƚƌƵĐƟŽŶ͕ ƚŚĞ Project will comply with ƌĞŐƵůĂƟŽŶƐŽŶŚĂnjĂƌĚŽƵƐǁĂƐƚĞ͕ĚŝƐƉŽƐĂů͕ĂŶĚƐƚŽƌĂŐĞƉƵƌƐƵĂŶƚƚŽ the County of Stanislaus Hazardous Waste Management Plan enforced via the City of Modesto’s plan check and review process ĂŶĚ ŝŶ ĐŽŽƌĚŝŶĂƟŽŶ ǁŝƚŚ ^ƚĂŶŝƐůĂƵƐ hW͘ dŚĞ ŝƚLJ of Modesto, CALTRANS, and State plan check, review process and on-site ŝŶƐƉĞĐƟŽŶƐǁŝůůĞŶƐƵƌĞ ƚŚĞ WůĂŶ ƉůĂŶƐ ĂŶĚ ĂĐƟǀŝƟĞƐ ĂƌĞ ĐŽŵƉůŝĂŶƚ prior to the issuance of building permits.

HM-ϱ͘/ŶƚŚĞĞǀĞŶƚƚŚĂƚƐŝƚĞŝŶƐƉĞĐƟŽŶŽƌĐŽŶƐƚƌƵĐƟŽŶĂĐƟǀŝƟĞƐƵŶĐŽǀĞƌ ĐŚĞŵŝĐĂůĐŽŶƚĂŵŝŶĂƟŽŶ͕ƵŶĚĞƌŐƌŽƵŶĚƐƚŽƌĂŐĞƚĂŶŬƐ͕ĂďĂŶĚŽŶĞĚĚƌƵŵƐ͕ ŽƌŽƚŚĞƌŚĂnjĂƌĚŽƵƐŵĂƚĞƌŝĂůƐŽƌǁĂƐƚĞƐĂƚĂƉĂƌĐĞů͕ƚŚĞŝŶƐƉĞĐƟŽŶƌĞƉŽƌƚ ƉƌĞƉĂƌĞƌƐŚĂůůƐŽŶŽƟĨLJƚŚĞŝƚLJ͘dŚĞŝƚLJƐŚĂůůŶŽƟĨLJƚŚĞŽƵŶƚLJ,ĞĂůƚŚ ^ĞƌǀŝĐĞƐ ĞƉĂƌƚŵĞŶƚ͘  hŶĚĞƌ ƚŚĞ ĚŝƌĞĐƟŽŶ ŽĨ ƚŚĞƐĞ ĂŐĞŶĐŝĞƐ͕ Ă ƐŝƚĞ ƌĞŵĞĚŝĂƟŽŶƉůĂŶǁŽƵůĚďĞƉƌĞƉĂƌĞĚďLJƚŚĞproject applicant.

The plan would (1) specify measures to be taken to protect workers and ƚŚĞƉƵďůŝĐĨƌŽŵĞdžƉŽƐƵƌĞƚŽƉŽƚĞŶƟĂůƐŝƚĞŚĂnjĂƌĚƐĂŶĚ;ϮͿĐĞƌƟĨLJƚŚĂƚƚŚĞ ƉƌŽƉŽƐĞĚƌĞŵĞĚŝĂƟŽŶŵĞĂƐƵƌĞƐǁŽƵůĚĐůĞĂŶƵƉƚŚĞǁĂƐƚĞƐ͕ĚŝƐƉŽƐĞƚŚĞ wastes, and protect public health in accordance with federal, state, and ůŽĐĂůƌĞƋƵŝƌĞŵĞŶƚƐ͘WĞƌŵŝƫŶŐŽƌǁŽƌŬŝŶƚŚĞĂƌĞĂƐŽĨƉŽƚĞŶƟĂůŚĂnjĂƌĚ ƐŚĂůůŶŽƚƉƌŽĐĞĞĚƵŶƟůƚŚĞƐŝƚĞƌĞŵĞĚŝĂƟŽŶƉůĂŶŝƐŽŶĮůĞǁŝƚŚƚŚĞŝƚLJ͘ If a parcel is found to be contaminated to a level that prohibits the ƉƌŽƉŽƐĞĚ ƵƐĞ͕ ƚŚĞ ƉŽƚĞŶƟĂů ĨŽƌ ƌĞĚƵĐƟŽŶ ŽĨ ƚŚĞ ŚĂnjĂƌĚ ƐŚŽƵůĚ ďĞ ĞǀĂůƵĂƚĞĚ͘^ŝƚĞƌĞŵĞĚŝĂƟŽŶŝƐƚŚĞŽƌĞƟĐĂůůLJĐĂƉĂďůĞŽĨƌĞŵŽǀŝŶŐŚĂnjĂƌĚƐ ƚŽůĞǀĞůƐƐƵĸĐŝĞŶƚůLJůŽǁƚŽĂůůŽǁĂŶLJƵƐĞĂƚ ƚŚĞƐŝƚĞ͘/ŶƉƌĂĐƟĐĞ͕ďŽƚŚƚŚĞ ƚĞĐŚŶŝĐĂůĨĞĂƐŝďŝůŝƚLJŽĨƚŚĞƌĞŵĞĚŝĂƟŽŶĂŶĚŝƚƐĐŽƐƚ;ĮŶĂŶĐŝĂůĨĞĂƐŝďŝůŝƚLJͿ should be evaluated in order to determine the overall feasibility of ůŽĐĂƟŶŐĂƐƉĞĐŝĮĐƵƐĞŽŶĂƐƉĞĐŝĮĐƐŝƚĞ͘/ŶƐŽŵĞĐĂƐĞƐ͕ŝƚŵĂLJ ƌĞƋƵŝƌĞ ƌĞƐƚƌŝĐƟŽŶ ƚŽŝŶĚƵƐƚƌŝĂůƵƐĞŽƌĂƵƐĞ ƚŚĂƚŝŶǀŽůǀĞƐĐŽŵƉůĞƚĞƉĂǀŝŶŐĂŶĚ covering of the parcel.

The Project will implement the following policy (HM-5) into Project ^ƉĞĐŝĮĐĂƟŽŶƐĨŽƌProject conformance to the City’s General Plan and minimize impacts during Project ĐŽŶƐƚƌƵĐƟŽŶŝŶƚŚĞƵŶůŝŬĞůLJĞǀĞŶƚŽĨ discoveries that involve hazardous materials. However, pursuant to DŝƟŐĂƟŽŶDĞĂƐƵƌĞMM HAZ-03: Hazardous Materials Manifest and Plan in the unlikely event of hazardous materials discovery, the Project ĐŽŶƚƌĂĐƚŽƌǁŝůůŶŽƟĨLJƚŚĞŝƚLJŽĨDŽĚĞƐƚŽ͘
These discoveries are not likely during Project ĐŽŶƐƚƌƵĐƟŽŶ͕ƐŝŶĐĞƚŚĞ pipeline will be laid in the public right-of-way within areas comprised ŽĨĞŶŐŝŶĞĞƌĞĚĮůůƐ͘ĐĐŽƌĚŝŶŐƚŽ
Ŷǀŝ^ƚŽƌĂŶĚ'ĞŽdƌĂĐŬĞƌ͕ŵĂŶĂŐĞĚ
by the Department of Toxic Substances and California State Water Resources Control Board, the Project Alignment does not contain ƐŝƚĞƐŽĨŬŶŽǁŶĐŽŶƚĂŵŝŶĂƟŽŶ͘^ŝƚĞŽĨŬŶŽǁŶĐŽŶƚĂŵŝŶĂƟŽŶĂĚũĂĐĞŶƚ to the Project Area will be avoided if possible.

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/Ŷ ĂĐĐŽƌĚĂŶĐĞ ǁŝƚŚ K^, ƌĞƋƵŝƌĞŵĞŶƚƐ͕ ĂŶLJ ĂĐƟǀŝƚLJ ƉĞƌĨŽƌŵĞĚ Ăƚ Ă ĐŽŶƚĂŵŝŶĂƚĞĚ ƐŝƚĞ ƐŚĂůů ďĞ ƉƌĞĐĞĚĞĚ ďLJ ƉƌĞƉĂƌĂƟŽŶ ŽĨ Ă ƐĞƉĂƌĂƚĞ ƐŝƚĞ health and safety plan (prepared by the project ĂƉƉůŝĐĂŶƚĂŶĚĮůĞĚǁŝƚŚ ƚŚĞŝƚLJͿĨŽƌƚŚĞƉƌŽƚĞĐƟŽŶŽĨǁŽƌŬĞƌƐĂŶĚƚŚĞƉƵďůŝĐ͘ůůƌĞƉŽƌƚƐ͕ƉůĂŶƐ͕ ĂŶĚ ŽƚŚĞƌ ĚŽĐƵŵĞŶƚĂƟŽŶ ƐŚĂůů ďĞĂĚĚĞĚ ƚŽ ƚŚĞ ĂĚŵŝŶŝƐƚƌĂƟǀĞ ƌĞĐŽƌĚ͘ (Policy VI.M.3)
HM-7. WƌŝŽƌ ƚŽ ƚŚĞŝƐƐƵĂŶĐĞ ŽĨĂůů ďƵŝůĚŝŶŐ ƉĞƌŵŝƚƐ͕ŝĚĞŶƟĨLJ ƚŚĞƐŝƚĞŝŶ ƌĞůĂƟŽŶ ƚŽ Ăůů ŽŵƉƌĞŚĞŶƐŝǀĞ
ŶǀŝƌŽŶŵĞŶƚĂů ZĞƐƉŽŶƐĞ͕ ŽŵƉĞŶƐĂƟŽŶ
ĂŶĚ >ŝĂďŝůŝƚLJ /ŶĨŽƌŵĂƟŽŶ ^LJƐƚĞŵ ƐŝƚĞƐ ĂŶĚ ƚŽ ŬŶŽǁŶ Žƌ ƐƵƐƉĞĐƚĞĚ uncontrolled or abandoned hazardous waste sites. All projects within Ϯ͕ϬϬϬĨĞĞƚŽĨƚŚĞƐĞĨĂĐŝůŝƟĞƐƐŚŽƵůĚĐŽŶĚƵĐƚŚĂnjĂƌĚŽƵƐŵĂƚĞƌŝĂůƐƐƚƵĚŝĞƐ ĂƐŶĞĐĞƐƐĂƌLJƚŽŝĚĞŶƟĨLJƚŚĞƚLJƉĞĂŶĚĞdžƚĞŶƚŽĨĐŽŶƚĂŵŝŶĂƟŽŶ͕ŝĨĂŶLJ͕ĂŶĚ the extent of risk to human health and public safety. If necessary, a ƌĞŵĞĚŝĂů ĂĐƟŽŶ program should be developed and implemented as in UAGP Policy VI.M.3. (Policy VI.M.5)
The Project involves the abandonment of Well 02 with known ĐŽŶƚĂŵŝŶĂƟŽŶ ŽĨ ϭ͕Ϯ͕ϯ-TCP. Prior to and during the abandonment process, the Project ƐŚĂůůŝŵƉůĞŵĞŶƚĂƌĞŵĞĚŝĂůĂĐƟŽŶƉƌŽŐƌĂŵƚŽ ƌĞŵŽǀĞ ŐƌŽƵŶĚǁĂƚĞƌ ĐŽŶƚĂŵŝŶĂƟŽŶ ŽĨ ϭ͘Ϯ͘ϯ-dW͘ ZĞŵĞĚŝĂƟŽŶ ĞīŽƌƚƐƐŚĂůůďĞĐŽŶĚƵĐƚĞĚŝŶĐŽŽƌĚŝŶĂƟŽŶǁŝƚŚƚŚĞ^ƚĂƚĞĞƉĂƌƚŵĞŶƚ of Drinking Water, City of Modesto, and Self-Help Enterprises ƉƵƌƐƵĂŶƚ ƚŽ DŝƟŐĂƟon Measure MM HAZ-01: Abandonment of Contaminated Well 02͘dŚĞƉƌŽƉŽƐĞĚDŝƟŐĂƟŽŶDĞĂƐƵƌĞǁŝůůĞŶƐƵƌĞ that grounĚǁĂƚĞƌ ĐŽŶƚĂŵŝŶĂƟŽŶ ĂŶĚ ƉŽƚĞŶƟĂů ƉůƵŵĞƐ ĚŽ ŶŽƚ migrate under other areas within the City of Modesto by deploying ŐƌŽƵŶĚǁĂƚĞƌĞdžƚƌĂĐƟŽŶŵĞƚŚŽĚƐ;ŝ͘Ğ͕͘͘ ŽdžŝĚĂƟŽŶ ƌĞĚƵĐƟŽŶ͕ ŝŶ-situ ĐŚĞŵŝĐĂůƌĞĚƵĐƟŽŶ͕ĞƚĐ͘Ϳ͘

b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? RESPONSE:

Less than Significant with Mitigation Incorporated. The handling, use, and disposal of small quantities of hazardous materials during Project construction is regulated through the standard application and compliance with the City’s Municipal Code via plan check and inspection process. Likewise, the location of the Project does not involve substantial foreseeable risk from upset and accidents under existing conditions. However, due to the use of small quantities of hazardous materials, the Project will implement Mitigation Measure MM HAZ-03: Hazardous Materials Manifest and Plan. As a result, impacts during construction of the Project are considered to be less than significant with mitigation incorporated.

According to the Stanislaus County’s Local Hazard Mitigation Plan (LHMP) 2017, the Project Location is not located within a high-risk for wildland fire, flooding, or earthquakes (Stanislaus County LHMP 2017). As shown within the LHMP, higher risk areas are located outside of City Limits, primarily east and west of the City of Modesto (approximately 15 and 18 miles away from the Project). The Project Area is located within the New Melones Dam Inundation Zone (Stanislaus LHMP; 2016 Stanislaus County- Dam Inundation Hazard). However, this is not elevated at the Project Location or Project Vicinity beyond what is associated with existing and planned land use within Dam Inundation Zones; therefore, the City of Modesto anticipates and considers this existing hazard within planning documents including the City’s General Plan and Water Master Plan.

An existing hazardous waste facility and site adjacent to the Project Alignment, according to GeoTracker and EnviStor, is located at the Dale Road and Kiernan Avenue intersection is an inactive cleanup program site from the Kaiser Permanente Modesto Hospital that was under investigation but has remained inactive and considered complete since 2004. The closest active LUST Clean Up Site to the Project Location is approximately 10 miles from the Project Area within southeast Modesto located on 150 North Riverside Dr., Modesto, CA 95354. The active LUST Clean-Up Site contains gasoline, MTBE, and other fuel oxygenates; however, the site has been eligible for closure since July 20th, 2023, and is not upgradient from the Project; therefore no related impacts are expected.

Project construction involves installation of a new water main within engineered fill for existing roads and the abandonment of Well 02, which is currently contaminated with 1,2,3-TCP. It is not anticipated that construction of the water mains within engineered fill for existing roads would encounter contaminated soils; likewise, the contractor is required to implement CAL-OSHA standards for safe materials handling; therefore, no impacts related to pipeline construction are anticipated.

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For the reasons above, impacts related to a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment is anticipated being less than significant due to proposed Mitigation Measure MM HAZ-02: Hazardous Materials Manifest and Plan.

c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
RESPONSE:

Less than Significant with Mitigation Incorporated. A portion of the Project will be installed within the Stanislaus Elementary School property lines. Other education facilities closest to the Project Alignment include Big Valley Christian High School, approximately 0.9 miles from the Tully Road existing “dead-end” connection point.

The extension of a service pipe and Well 02 abandonment will take place within the southeastern corner of the elementary school within areas of fill from the original construction of the school, which are not anticipated to be contaminated; and open trench construction as well as jack and bore11 construction are proposed along the Kiernan Avenue right-of-way directly in front of the southern property line of Stanislaus Elementary School; construction activities are subject to CAL-OSHA standards for worker safety in regard to hazardous materials and will take place during the school’s nonoperating hours, when students are not on campus. The proposed Project will incorporate Mitigation Measure MM HAZ-01: Coordination with SUSD and significant impacts related to the emissions or handle of hazardous or acutely hazardous materials, substances, or waste within one-quarter miles of an existing or proposed school.

For the reasons above, less than significant impacts with proposed Mitigation Measures are anticipated to existing educational facilities.
d) Be located on a site which is included on a list of hazardous materials sites compiledpursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment? RESPONSE:

No Impact. Government Code section 65962.5 is an updated list of Hazardous Waste Substances, also referred to as the Cortese List. The California Department of Toxic Substances Control Publishes the list as the EnviroStor Website (DTSC Cortese List 2022).

Based on a preliminary search on the EnviroStor Website, utilizing the City name, Zip Code, and County, three results were found. None of the results were located at the Project Location or adjacent land use addresses. Since the Project Location is not included on the Cortese List of sites that have known or potential contamination and is not located where facilities permitted to treat, store, or dispose of hazardous waste, no impacts are anticipated with the Project regarding Government Code section 65962.5. For this reason, mitigation measures are not required.

e) For a Project located within an airport land use plan or, where such a plan has not been adopted, within twomiles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the Project area?
RESPONSE:

No Impact. The closest airport to the Project Location is Modesto City-County Airport, approximately 9 miles southeast of the Project Location. Since the closest airport is over two (2) miles from a public airport or public use airport, the Project will not result in impacts to a safety hazards or excessive noise for people working or residing in the Project Area. No Mitigation Measures are needed.

f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
11 As mentioned within the Project Description, “worst-case” conditions for air quality/ GHG, noise, and traffic modeling anticipate boring locations are located closest to sensitive receptors adjacent to the Project Alignment: one (1) along the east side of Dale Road, approximately 150 feet from sensitive receptors; three (3) along the north side of Kiernan Avenue, bordering the southern perimeter of Stanislaus Elementary School, approximately 50 ft from the closest sensitive receptors; and one (1) along the west side of Tully Road, approximately 50 ft from the closest sensitive receptors.

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RESPONSE:

Less than Significant with Mitigation Incorporated. According to the City of Modesto Water Master Plan, Figure 11-1.

City of Modesto Emergency Evacuation Routes, Kiernan Avenue is an established evacuation route. As a result, the Project will implement a Traffic Control Plan that maintains emergency access along Kiernan Avenue pursuant to Modesto and CALTRANS Encroachment Permit Standards and Regulations as well as Mitigation Measure MM TRAF-01: Traffic Control Plan that will ensure emergency access is maintained in accordance with the adopted 2010 Multi-Jurisdictional Hazard Mitigation Plan.

The closest fire stations to the Project Location are Modesto Fire Station 11, approximately 0.6 miles south of the Tully Road “dead-end” connection point, and Salida Fire Station 13, approximately 1.5 miles north of Tully Road and Kiernan intersection. In addition, Kaiser Permanente Modesto Hospital is located approximately 0.33 miles from the designated evacuation route. As a result, the Traffic Control Plan will be reviewed by the Modesto Fire Department, Salida Fire Protection District, and Kaiser Permanente Modesto Hospital, a critical emergency facility, to ensure appropriate measures are taken to maintain access to excavation routes as well as Kaiser Permanente Modesto Hospital under emergency conditions. Long-term operation of the Project will not differ substantively from existing conditions.

Therefore, the impact related to interference with an adopted emergency response plan or emergency evacuation plan during Project construction with the implementation of Mitigation Measure MM TRAF-01: Traffic Control Plan would result in less than significant impact.

g) Expose people or structures, eitherdirectly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
RESPONSE:

Less than Significant Impact. Project implementation will not result in permanently increased population, activity, or structures at the Project Area and in the Local Vicinity. The Project will not substantively affect inspection frequencies in the long term. Construction will temporarily increase activity and population from the construction crew during work hours. Due to the scope of the Project, approximately 18 workers are expected during construction, and this is not expected to result in significantly elevated exposure to risk of people or structures either directly or indirectly involving wildland fires as described in responses a) through f) and Section 20, Wildland Fire.

MITIGATION MEASURES
MM HAZ-01: Coordination with Stanislaus Union School District. Prior to start of Project construction, the Contractor shall provide the construction schedule to the Stanislaus Union School District, specifically Stanislaus Elementary School so that construction occurs when the school site is not in use. The contractor shall coordinate with the school district on an ongoing basis during construction and shall keep records of this coordination at the Project Site for review by the grading and building inspectors.

MM HAZ-02: Hazardous Materials Manifest and Plan. Prior to the issuance of permits, the contractor shall provide a manifest of construction materials and a plan for proper handling, disposal, contingency, and emergency response to the City of Modesto Engineering Department, Stanislaus Consolidated Fire Protection District, and Stanislaus County for verification of adequate contingency measures for storage, use, and handling of potentially hazardous materials used, stored, and handled onsite during construction. Contractor compliance shall be monitored throughout construction. In the unlikely event of hazardous materials discovery within the Project Area, the Contractor shall notify the City of Modesto, as well as coordinate with Stanislaus Consolidated Fire Protection District and Stanislaus County.

See Mitigation Measure MM TRAF-01: Traffic Control Plan in Section 17) Transportation.

FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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outreach, voluntary efforts, partnerships with stakeholders, etc.) to monitor water quality and to reduce pollutant discharges into waterways. Regulated waterways under the CWA include lakes, streams, creeks, rivers as well as groundwater and recharge basins. The CWA contains several provisions protecting water quality, including Sections 303(c)(2)(B), 303(d), 305(b), 401, 402(p), and 404, and the Toxics Rule:

Section 303(c)(2)(B) establishes water quality standards and designated beneficial uses within various water bodies (e.g., drinking water, recreation, biological preservation, etc.). This Section of the CWA requires the State to review and update standards for designated uses.

Section 303(d) of the Clean Water Act pertains to impaired waters. The State is required to submit a list of waters that do not meet water quality standards and are impaired due to pollutants. The State must develop Total Maximum Daily Loads (TMDLs) for these water bodies, which establishes a maximum threshold of a pollutant allowed within a waterbody.

Section 401 gives the State the authority to issue water quality certifications for federal licenses to conduct activities including, but not limited to Federal Permits and construction or operation of large facilities by an individual permittee, which may result in any discharge into surface waters. Individual permits can be issued for projects that exceed the approved threshold of the National Pollutant Discharge Elimination System (NPDES) Permit issued to the local agency. As a result, prior to the issuance of a permit that might result in a discharge to navigable waters, the State must certify that the activity will comply with State water quality standards, either through an individual permit issued for a specific project or verification by the local agency that a project conforms with the general permit issued to the local agency (city or county) for a specific activity identified via plan check and discretionary approval.

Section 402(p) of the Clean Water Act pertains to National Pollutant Discharge Elimination System (NPDES) program. This section focuses on regulating point source stormwater discharges associated with industrial activity, requiring industrial facilities to obtain permits for their stormwater discharges.

Section 404 of the Clean Water Act regulates discharge of fill materials into “Waters of the United States”, including wetlands.

The Army Corps of Engineers (Corps) is responsible for the issuance of the Section 404 permit if any project proposes to fill wetlands or “waters of the United States.”
Toxic Rules of the Clean Water Act includes various regulations related to toxic substances within water bodies. The EPA establishes thresholds for toxic pollutants discharges into navigable waters.

National Pollutant Discharge Elimination System (NPDES) The National Pollutant Discharge Elimination System (NPDES) is a permit program led and managed by the U.S. Environmental Protection Agency Office of Wastewater Management in coordination with EPA regional offices. However, while the EPA retains oversight authority, responsibility for implementation is delegated to the State via Water Quality Control Board and Regional Water Quality Control Boards. The State agencies require local agencies (e.g., Cities and Counties) to develop a National Pollutant Discharge Elimination System Program for local level by the local agencies via the discretionary permit process. The NPDES stormwater permitting program is a permitting system for the discharge of any pollutant into surface waters (Modesto Water Master Plan, 2019).

The State Water Quality Control Board established the NPDES permit program and issues discretionary permits for Municipal General Construction NPDES) to private entities and local agencies under authority of the CWA. Approved Municipal permit programs are implemented by individual local agencies and co permittees (e.g., counties, cities, and special districts); local agencies may also be required to submit application for individual 401 permits under certain circumstances as discussed above. The City of Modesto’s NPDES General Construction Permit applies to projects that plan to disturb more than one acre of land during Project construction. This permit requires project Applicants to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP). According to the City of Modesto’s 2014 Standard Specifications, a Project that disturbs less than one (1) acre shall develop a Local SWPPP or Erosion Control Plan and implement stormwater Best Management Practices (BMPs) during construction inclusive of erosion control, spill prevention, response procedures, nature and location of chemical utilized and stored during Project construction, and methods to prevent adverse impacts of any discharge of chemicals, substances, or materials.

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Federal Emergency Management Agency
The Federal Emergency Management Agency (FEMA) is a Federal agency that oversees floodplains and the National Flood Insurance Program (NFIP), adopted under the National Flood Insurance Act of 1968. FEMA provides flood management protections set forth by their adopted standards. In addition, FEMA has developed the National Flood Hazard Layer (NFHL) to assist local jurisdictions with flood potential on the identification of land uses at risk. According to the FEMA flood map, various locations along the Project Alignment are identified as regulatory floodways and Zone AE, high- risk flood zones.

Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Act protects the waters of the state for the use and enjoyment of the people. The Act regulates activities that foreseeably degrade water quality within the state, to attain the highest reasonable water quality and to protect beneficial uses of surface water bodies, wetland and groundwater. The Porter-Cologne Water Quality Act is administered in a regional level, within the framework of the State Water Resources Control Board (SWRCB) and nine Regional Water Quality Control Boards (RWQCB) across the state of California. Under the Act, each RWQBC must formulate and adopt their own water quality control plan that establishes water quality objectives to ensure the reasonable protection of beneficial uses and prevention of nuisance either from point source or non-point source discharges (CA.gov 2023).

Delta Protection Act
The Delta Protection Act was enacted in 1992, “declaring the Delta a natural resource of statewide, national, and international significance, containing irreplaceable resources” (California Delta Protection Commission). The Act recognizes the preservation and protection of this resource for cultural, recreational, and agricultural uses for California residents.

Regulations under the California Code of Regulations, Title XIV, Division 9, are enforced by the State of California Delta Protection Commission and ensure potential threats from urban encroachment do not impact agriculture, wildlife habitat, and recreation uses.

Central Valley Regional Water Quality Control Board
The Central Valley Regional Water Quality Control Board (RWQCB) regulates water quality within Stanislaus County and is given water permitting authority by the U.S. EPA. The primary responsibly of the Regional Board is to protect the quality of the waters within the Region for all beneficial uses through the formulation and adoption of water quality plans which are tailored for specific groundwater or surface water basins. In addition, the Regional Water Quality Control Board enforces regulations for industrial, domestic, and agricultural water discharges contained within the Porter-Cologne Water Quality Control Act.

The Central Valley RWQCB is the largest and most diverse region in California. The Region spans from northern Los Angeles to the Oregon Border, approximately 60,000 square miles, and composes nearly 40 percent of the state.

DISCUSSION
Water quality control measures are regulated by permits issued by the State Water Resources Control Board (SWRCB) Order No. 2009-009-DWQ, National Pollutant Discharge Elimination System (NPDES) Construction General Permit No. CAS000002, and the Central Valley Regional Water Quality Control Board Order No. R5-2008-0092 City of Modesto NPDES Stormwater Quality Control Measures and Modesto City Ordinance Chapter 10, Title 5: Stormwater Management and Discharge Controls (Modesto Standard Specifications, 2014).

a) Violate any waterquality standards or waste discharge requirements or otherwise substantially degrade surface or ground waterquality?
RESPONSE:

Less than Significant with Mitigation Incorporated. Surface waters throughout the Local Vicinity include rivers, a surficial concrete-lined irrigation system, with open irrigation canals and laterals, as well as a developed storm drain system including drainage ditches, swales, and the City’s improved storm drain structures to the south of Stanislaus Elementary School, along Kiernan Avenue. These drainage features are for a combination of agricultural irrigation and storm water management and generally flow from northeast to southwest.

Water used for irrigation is primarily from the Stanislaus River, Tuolumne River, and the Sacramento- San Joaquin Delta for agriculture in the Local Vicinity (See Table 15: Receiving Waters 303(d) Contamination and Beneficial Uses. Receiving waters closest irrigation components to the Project Area consist of Stanislaus River, approximately 2.8 miles north of Stanislaus Elementary School; concrete-lined channel traversing east-west through the City of Modesto (Lateral Number FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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One, stemming from Modesto Main Channel, owned and maintained by Modesto Irrigation District) approximately 1.3 miles south from Stanislaus Elementary School feeding into both the Stanislaus River and Tuolumne River. The Stanislaus River is generally upstream from the Project; however hydrologically connected to the Project Area via irrigation canals in the Local Vicinity.

The existing storm drain system includes channels in the roadway median and shoulders of Kiernan Avenue as well as the developed storm drain structures in Dale Road and Tully Road including catch basins at the roadway surfaces and underground pipes. Developed parcels contribute storm runoff via inlets, which discharge to the underground storm drain systems in Dale Road and Tully Road. Surface water flows consist of runoff during and after rain events, which sheet flow over streets and undeveloped parcels, and discharge into adjacent components of the storm drain system along each side of the road and into the City’s and County’s existing improved drainage system.

Impacts from pollutants in surface waters in the Local Vicinity are typically from pollutants combining with storm runoff during and after precipitation. In the Local Vicinity, this includes pollutants from agricultural and domestic land uses, as well as industrial processes. Surface water degradation occurs more frequently within the Tuolumne River than the Stanislaus River due to upstream agricultural return flows and gas well wastes (Stanislaus County 2016). See Table 15:

Receiving Waters 303(d) Contamination and Beneficial Useswhich outlines the list of pollutants in excess of the standards established to protect the beneficial uses of water bodies in accordance with Section 30(d) of the Federal Clean Water Act.

TABLE 15: RECEIVING WATERS 303(d) CONTAMINATION AND BENEFICAL USES Receiving Waters ^ĞĐƟŽŶϯϬϯ;ĚͿ͕ĂƚĞŐŽƌLJϱ>ŝƐƟŶŐƐ͗ŽŶƚĂŵŝŶĂŶƚ ĞƐŝŐŶĂƚĞĚĞŶĞĮĐŝĂůhƐĞƐ Stanislaus River
Goodwin Dam to San Joaquin River
Chlorpyrifos,
DDE (Dichlorodiphenyl-dichloroethylene),
DDT (Dichlorodiphenyl-trichloroethane),
Diuron,

ůĞĐƚƌŝĐĂůŽŶĚƵĐƟǀŝƚLJ͕
Escherichia coli (E. coli) ,
'ƌŽƵƉWĞƐƟĐŝĚĞƐ͕
Mercury,
Temperature, water,
Toxaphene
AGR, IND, PROC, REC1, REC2,

WARM, WILD, COLD, NAV, SPWN,
POW
Tuolumne River
New Don Pedron Dam to San
Joaquin River
Chlorpyrifos,
Diazinon
'ƌŽƵƉWĞƐƟĐŝĚĞƐ͕
Mercury,
Temperature, water,
Unknown Toxicity
AGR, REC1, REC2, WARM, COLD,
SPWN,
Source: Modesto GP EIR, 2019; Table 12-1: beneficial Uses for Water Bodies Potentially Proposed Program; Table 12-2. Section 303(d) Category 5 Listing for Water Body Segments Potentially Affected by the Proposed Project Note: The Project Site is located in the San Jacinto River Watershed basin. It’s ultimate end point of runoff is at Lake Elsinore and settles and remains in Lake Elsinore. However, there are extremely rare instances in case of emergencies, there is an overflow/ highpoint a quarter way up in Temescal Canyon that spills into the Santa Ana River. Which connects to the Pacific. (1) AGR= Agricultural Supply- uses of water for farming, horticulture, or ranching, including but not limited to, irrigation, stock watering, or support of vegetation for range grazing (CA Waterboards).
(2) IND= Industrial Service Supply- use of water for industrial activities that do not depend primarily on water quality, including, but not limited to, mining, cooling water supply, hydraulic conveyance, gravel washing, fire protection, and oil well repressurization (CA Waterboards). (3) MUN= Municipal and Domestic Supply- use of water for community, military, or individual water supply systems, including, but not limited to, drinking water supply (CA Waterboards).
(4) PROC= Industrial Process Supply- use of water for industrial activities that depend primarily on water quality (CA Waterboards). (5) REC1= Water Contact Recreation- uses of water for recreational activities involving body contact with water where ingestion of water is reasonably possible (CA Waterboards); REC2= Noncontact Water Recreation- use of water for recreational activities involving proximity to water, but not normally involving contact with water where water ingestion is reasonably possible (CA Waterboards). (6) WARM= Warm Freshwater Habitat- uses of water that supports warm water ecosystems including, but not limited to, preservation or enhancement of aquatic habitats, vegetation, fish, or wildlife, including invertebrates (CA Waterboards). (7) WILD= Wildlife Habitat- uses of water that supports wildlife habitats, including, but not limited to, the preservation and enhancement of vegetation and prey species used by wildlife, such as waterfowl (CA Waterboards). (8) COLD= Cold freshwater habitat (Modesto GP EIR, 2019) (9) NAV= Navigation (Modesto GP EIR, 2019)
(10) SPWN= spawning, reproduction and/or early development (Modesto GP EIR, 2019) (11) POW= power (Modesto GP EIR, 2019)
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The primary receiving water bodies, Tuolumne River and Stanislaus River, are natural riverbeds. However, manmade, irrigation canals or sloughs feed into the Stanislaus and Tuolumne River west of the Project Location and are heavily relied upon for local agricultural uses. Non-point sources of pollution due to agriculture and urban runoff contribute heavily to the accumulation of pollution within these receiving waters that degrade water quality.

Project construction is anticipated to result in approximately 0.03 acres of disturbance due to proposed open trench and jack and bore construction activities. Construction activities are anticipated to impact less than one acre and would therefore not trigger requirements for an NPDES Construction Permit under the County’s Storm Water Management Program. The City of Modesto will require the contractor to prepare and implement a Local Stormwater Pollution Prevention Plan (SWPPP) pursuant to Chapter 15, Erosion & Sediment Control Standards for Construction Activities of the City of Modesto’s Municipal Code; therefore, Mitigation Measure MM HYDRO-01: Local SWPPP is included in the MMRP for the Project to reduce impacts on pollutants from construction entering the City’s storm water system. The SWPPP must comply with City Standard Specification No. 2.12 Pre-construction Requirements, which include Best Management Practices listed in MM HYDRO-02. Project consistency with the City’s Standard Specifications will result in consistency with applicable General Plan mitigating polices during construction. Mitigation Measure MM HYDRO-02:

StormwaterBMPs throughout Project Construction Requires that the Project will be compliant with the goals and policies of the City’s General Plan and Water Master Plan. See Table 16: Consistency with Modesto GP Floodway and Water Quality Applicable Mitigating Policies. BMPs will be enforced through the standard application and plan check review and inspection from the City of Modesto’s water quality management processes (Local SWPPP) and are the responsibility of the contractor and City Engineer.

For the reasons above, the Project impacts related to violation of any water quality standard or waste discharge requirements or otherwise substantially degrade surface or ground water quality are less than significant with the implementation of Mitigation Measures MM HYDRO-01: Local SWPPP and MM HYDRO-02: StormwaterBMPs throughout Project Construction.

TABLE 16: CONSISTENCY WITH MODESTO GP FLOODWAY AND WATER QUALITY APPLICABLE MITIGATING

POLICIES
City of Modesto General Plan DŝƟŐĂƟŶŐ WŽůŝĐŝĞƐ Project Compliance FWQ-11 & SD-10. ŽŶƐƚƌƵĐƟŽŶĂĐƟǀŝƟĞƐƐŚĂůůĐŽŵƉůLJǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨ the City’s Stormwater Management Plan under its municipal NPDES stormwater permit, and the State Water Resources Control Board’s General Permit for ŝƐĐŚĂƌŐĞƐŽĨ^ƚŽƌŵtĂƚĞƌƐƐŽĐŝĂƚĞĚǁŝƚŚŽŶƐƚƌƵĐƟŽŶĐƟǀŝƚLJ͘;WŽůŝĐLJs/͘'͘ϯͿ Throughout Project ĐŽŶƐƚƌƵĐƟŽŶ͕ as implemented by the
ŽŶƚƌĂĐƚŽƌĂŶĚǀĞƌŝĮĞĚďLJƚŚĞŝƚLJ
ŶŐŝŶĞĞƌ͕the Project will
comply with requirements of the City’s Stormwater
DĂŶĂŐĞŵĞŶƚWůĂŶƚŚƌŽƵŐŚƚŚĞĂĚŽƉƟŽŶŽĨƚŚĞ>ŽĐĂů^tWWW ƉƵƌƐƵĂŶƚŝƚLJ^ƚĂŶĚĂƌĚ^ƉĞĐŝĮĐĂƟŽŶƐ͘
FWQ-13 & SD-12. Ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New Development Stormwater Quality Control Measures. (Policy VI.G.5) The Project will ensure compliance with the City of
DŽĚĞƐƚŽ͛Ɛ^ƚŽƌŵǁĂƚĞƌDĂŶĂŐĞŵĞŶƚWƌŽŐƌĂŵďLJĂĚŽƉƟŶŐĂ
Local SWPPP during Project ĐŽŶƐƚƌƵĐƟŽŶĂŶĚŝŵƉůĞŵĞŶƟŶŐ ƚŚĞ ŝƚLJ ŽĨ DŽĚĞƐƚŽ͛Ɛ ĞƐƚ DĂŶĂŐĞŵĞŶƚ WƌĂĐƟĐĞƐ ĨŽƌ ĐŽŶƐƚƌƵĐƟŽŶ ĂŶĚ ƌĞŶŽǀĂƟŽŶƐ͖ ĂŶĚ ,ĞĂǀLJ
ƋƵŝƉŵĞŶƚ ĂŶĚ

ĂƌƚŚDŽǀŝŶŐĐƟǀŝƟĞƐƉƵƌƐƵĂŶƚƚŽDŝƟŐĂƟŽŶDĞĂƐƵƌĞs MM
HYDRO-01: Local SWPPP and MM HYDRO-02: Stormwater
BMPs throughout Project ŽŶƐƚƌƵĐƟŽŶ, implemented by the ŽŶƚƌĂĐƚŽƌĂŶĚǀĞƌŝĮĞĚďLJƚŚĞŝƚLJ
ŶŐŝŶĞĞƌ.

FWQ- 15, -16 & SD-14. Design development projects to preserve and, where ƉŽƐƐŝďůĞ͕ĐƌĞĂƚĞŽƌƌĞƐƚŽƌĞĂƌĞĂƐƚŚĂƚƉƌŽǀŝĚĞŝŵƉŽƌƚĂŶƚǁĂƚĞƌƋƵĂůŝƚLJďĞŶĞĮƚƐ͕ ƐƵĐŚĂƐƌŝƉĂƌŝĂŶĐŽƌƌŝĚŽƌƐ͕ǁĞƚůĂŶĚƐĂŶĚďƵīĞƌƐ͘DŝŶŝŵŝnjĞĚŝƐƚƵƌďĂŶĐĞŽĨŶĂƚƵƌĂů water bodies or natural drainage systems that might result from development, ŝŶĐůƵĚŝŶŐƌŽĂĚĐŽŶƐƚƌƵĐƟŽŶ͘;WŽůŝĐLJs/͘'͘ϳͿ

SD-15. Integrate Low Impact Development principles into proposed development projects’ design. Low Impact Development is a storm water ŵĂŶĂŐĞŵĞŶƚ ĂŶĚ ůĂŶĚ ĚĞǀĞůŽƉŵĞŶƚ ƐƚƌĂƚĞŐLJ ƚŚĂƚ ƉƌŽŵŽƚĞƐ ĐŽŶƐĞƌǀĂƟŽŶ ĂŶĚ use of natural on-site features combined with engineered small-scale hydrologic devices. In designing development projects, minimize the amount of impervious surface in order to maximize on-ƐŝƚĞ ŝŶĮůƚƌĂƟŽŶ ŽĨ ƐƚŽƌŵǁĂƚĞƌ ƌƵŶŽī ĂŶĚ ŵŝŶŝŵŝnjĞƚŚĞƉŽƚĞŶƟĂůĨŽƌƐƚŽƌŵǁĂƚĞƌƌƵŶŽīĨƌŽŵƚŚĞƐŝƚĞ͘;WŽůŝĐLJVI.G.8) The Project ǁŝůůƌĞƚƵƌŶƚŽĞdžŝƐƟŶŐĐŽŶĚŝƟŽŶƐĂƐǀĞƌŝĮĞĚďLJƚŚĞ City, County and CALTRANS; therefore, long-term impacts to ƐƵƌĨĂĐĞǁĂƚĞƌƐŽƌƐƚŽƌŵǁĂƚĞƌŝƐŶŽƚĂŶƟĐŝƉĂƚĞĚĂƐĂƌĞƐƵůƚŽĨ the Project.
Ɛ ŵĞŶƟŽŶĞĚ ĂďŽǀĞ͕ ƚŚĞ Project will implement BMPs
ƉƵƌƐƵĂŶƚƚŽDŝƟŐĂƟŽŶDĞĂƐƵƌĞMM HYDRO-02: Stormwater
BMPs throughout Project ŽŶƐƚƌƵĐƟŽŶ to minimize impacts on surface or groundwater quality.

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b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwatermanagement of the basin? RESPONSE:

No Impact. The Project is located within the San Joaquin Valley Groundwater Basin, specifically within the Modesto Groundwater Subbasin under the jurisdiction of the Central Valley Regional Water Quality Control Board (CVRWQCB).

According to the Department of Water Resources, groundwater within the Modesto Subbasin declined on average 15 feet between 1970 and 2000 (DWR, 2004; Modesto General Plan EIR, 2019). This reduction is attributed to pumping to support urban and agricultural land use. On April 23rd, 2023, borings indicated groundwater occurred at depth about 40 feet below ground surface (Universal Engineering Services, 2023).

The Project proposes to install approximately 12,000 linear feet of 12-inch potable water main within existing public right-of-way and will convert water supply for the existing Stanislaus Elementary School from a well to the City’s potable water system Construction may temporarily increase water demand from the City’s existing adjacent potable water system; however, this increase is temporary and is not anticipated to be substantial due to the size of the Project and the anticipated intermittent use of water during the various construction activities. Upon completion of Project construction, the area will return to pre-Project conditions, and will result in no substantive changes on groundwater use or recharge. The Project will have no impact on water demand since increased school enrollment is not anticipated to directly result from Project implementation. Furthermore, the Project will not indirectly support population growth beyond what has already been approved in the General Plan due to Project consistency with the approved Water Master Plan. The existing well within Stanislaus Elementary School property boundaries will be abandoned pursuant to a Demolition and Abandonment Plan that will be prepared for the Project by the Contractor prior to start of construction in accordance with City Standard Specifications No. Chapter 13. Demolition and Abandonment Plan. Mitigation Measure MM HYDRO-03: Demolition and Abandonment Plan.

For the reasons above, the Project will not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin. No impacts are anticipated.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. result in a substantial erosion or siltation on- or off-site; RESPONSE:

Less than Significant Impact. The Project will not result in substantial erosion or siltation on-or off-site due to permanent changes in drainage patterns. Construction will temporarily alter drainage patterns and implementation of Mitigation Measures MM HYDRO—01, and MM HYDRO-02: StormwaterBMPs throughout Project Construction, will protect water quality in surface waters during construction. The Project will return disturbed surfaces to pre-project conditions and will not permanently change the direction or volume of surface flows discharging into the municipal storm drain system or involve direct modification of the topography or additional impervious surfaces at the Project Location. The proposed fire hydrants will not substantively change the area of impervious surfaces or the volume, rate, or patterns of surface flows. Likewise, the Project does not involve modifications of a stream or river. The Project is not near a stream or river and would be located south of the nearest irrigation canal located on the north side of Kiernan Avenue and east of Darby’s Pet Paradise.

According to Project plans, the Project will follow existing conditions and will result in surfaces restored to preproject conditions with the exception of the fire hydrants. Project improvements will result in no substantive permanent changes in impervious surfaces or topography. Additional impervious surfaces are not proposed for the Project and the construction of these project components will include drainage plans meeting the applicable city, county, and Caltrans standards for compliance with existing conditions in areas adjacent to the Project for discretionary approvals. Therefore, substantial changes to the rate or volume of surface runoff from the proposed Project will not occur. During construction the Project will remove approximately 0.3 acres of impervious surfaces and temporarily disrupt soils and existing drainage. However, substantial erosion or siltation either on-or-off-site would not occur due to implementation of a SWPPP by the contractor as verified by the City of Modesto Utilities Department.

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As a result, less than significant impacts to substantial increases in the rate or amount of surface runoff in a manner which would result in substantial erosion or siltation on- or off-site are not anticipated.

ii. substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
RESPONSE:

Less than Significant Impact. Increased impervious surfaces are not proposed with the Project. According to plans, the Project will not substantially change existing topography and surface conditions. Runoff at the Project Site will not change from existing conditions since impervious surfaces are not proposed; therefore the Project will not substantially increase the rate or amount of surface runoff. The Project Site will remain the same postconstruction.

For the reasons below, less than significant impacts are anticipated related to the amount of surface runoff and flooding either on- or off-site. No Mitigation Measures are needed.

iii. create or contribute runoff waterwhich would exceed the capacity of existing or planned stormwaterdrainage systems or provide substantial additional sources of polluted runoff; or RESPONSE:

Less than Significant Impact. The Project does not anticipate permanent increases in impervious surfaces or significant alterations in drainage patterns. Likewise, the Project would not result in changed land use or new sources of pollution which could enter runoff. The Project location will be returned to pre project conditions after construction. Therefore, the volume and rate of runoff with the Project in place will remain substantially consistent with existing conditions and no impacts on existing or planned stormwater drainage systems will occur. Since the Project Location will return to pre-Project conditions, with the exception of the fire hydrants, after Project construction is complete, the Project will not result in changes to topography, area of impervious surfaces or introduce new sources of pollution. During construction water quality BMPs will be implemented by the contractor pursuant to Mitigation Measures Hydro-01 through Hydro-03 of the MMRP. Implementation of these mitigation measures for erosion control during construction will result in runoff conditions that are substantially similar to existing conditions.

As a result, less than significant impacts are anticipated, and no additional Mitigation Measures are needed.

iv. impede or redirect flood flows?
RESPONSE:

Less than Significant Impact. According to the FEMA Flood Hazard Map, the Project Location and Local Vicinity are not located in a designated flood zone that many result in potential inundation at the Project Location (FEMA 2015). The entire Project is within Zone X defined as “Area of Minimal Flood Hazard” potential (Universal Engineering Services, 2023).

In addition, plans for Project development indicate general consistency between the completed Project and the existing drainage patterns at the site and surrounding the Project Site. Construction will temporarily modify topography and could alter localized drainage to redirect surface flows within Kiernan Avenue right-of-way around active construction. Due to the scale of the Project, involving approximately 75 linear feet of active construction daily, significant impacts are not anticipated. Since the Project does not propose to permanently impede or redirect flood flows within the Project Area, the impacts are considered less than significant. No Mitigation Measures are needed.

d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to Project inundation? RESPONSE:

No Impact. See Section 5.10.3, Response a) through c) iv above. The California Department of Conservation does not place the Project Location within a zone at risk for a tsunami (CA Department of Conversation, 2015). The Project Area is located within southwestern San Joaquin Valley, which is not geographically close to ocean or large bodies of water.

For the reasons above, the proposed Project is anticipated to have no impacts related to release of pollutants due to Project inundation in a flood hazard, tsunami or seiche zone. Therefore, no Mitigation Measures are needed.

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e) Conflict with or obstruct implementation of a waterquality control plan or sustainable groundwater management plan? RESPONSE:

Less than Significant with Mitigation Incorporated. See Section 5.10.3, Responses a) through d) above. The Project Area is located within the San Joaquin Valley Groundwater Basin and Modesto Groundwater subbasin. The Project will follow current requirements for pollution source control and flood control or sustainable ground water management plan. A Local Storm Water Pollution Prevention Plan (SWPPP) pursuant to the NPDES will be incorporated into Project specifications. In addition, the Project contractor will implement stormwater pollution prevention measures and erosion control pursuant to Modesto General Plan Policies (See Table 16: Consistency with Modesto GP Floodway and Water Quality Applicable Mitigating Policies above) Mitigation Measures MM HYDRO-02: StormwaterBMPs throughout Project Construction, and Modesto Standard Specifications No. 2.12 Pre-construction Requirements; 2.02 Improvement Plan Submittal
For the reasons above, Project impacts are less than significant with mitigation incorporated during construction activities.

MITIGATION MEASURES
MM HYDRO-01: Local SWPPP. Prior to Plan approval and Bid Award, the City of Modesto Utilities staff shall verify that a Local SWPPP is developed and incorporated in the plan set for implementation during Project construction for construction areas.

The Local SWPPP should identify the Water Quality Manager for the Project, be kept on site in the construction trailer for the duration of construction and shall incorporate daily updates on water quality compliance activities by the Water Quality Manager, conforming with the approved Local SWPPP. The objectives of the Local SWPPP are to identify pollutant sources from construction that may affect the quality of stormwater discharge, to implement source control practices for each pollutant source, and to either filter or contain and dispose of polluted water and materials prior to discharge from construction areas. The intent of the SWPPP is to minimize pollutants in stormwater discharges from the Project into the existing drainage system from construction, and to protect receiving water quality and beneficial uses downstream. The Local SWPPP may include, but is not limited to, the following elements:
a. Detail erosion control measures pursuant to CASQA Factsheet EC-1 to EC-16 implementing BMPs intended to control sedimentation and erosion in disturbed areas during construction activities. BMPs include:
i. Incorporation of erosion control into the construction schedule (EC-1); ii. Minimal land disturbance and avoidance measures in sensitive land areas (EC-2) including natural water bodies or natural drainage systems.
iii. Stabilization measures in disturbed areas via Hydraulic mulch (EC-3), Hydroseeding (EC-4), Soil binders (EC-5), straw mulch (EC-6), geotextiles and mats (EC-7), wood mulching (EC-8), compost blankets (EC-14), nonvegetative stabilization (EC-16);
iv. Collect sediment-laden runoff in temporary sediment basins (EC-9), velocity dissipation devices (EC-10), slop drains (EC-11), streambank stabilization (EC-12); Soil testing prior to start of construction to ensure selection of appropriate BMPs and prepare soil for vegetation enhancements (EC-15);

2. Detail sediment control measures pursuant to CASQA Factsheet SE-1 to SE-14 implementing soil prevention and control measures:
i. Protect all stockpiles from stormwater run-on using temporary perimeter sediment barriers such as compost berms (SE-13), temporary silt dikes (SE-12), fiber rolls (SE-5), silt fences (SE-1), sandbags (SE-8), gravel bags (SE-6), or biofilter bags (SE-14).

3. Detail drain inlet protection in the public right-of-way pursuant to CASQA Factsheet SE-10 implement SE-2, Sediment Basin or SE-3, Sediment Trap and/or used in conjunction with other drainage control, erosion control, and sediment control BMPs to protect the site;

4. Detail stabilized entrance and egress from construction site to minimize track-out.

5. Detail on-site concrete wash out area to minimize track-out.

6. Detail stockpile management, material storage & delivery areas to minimize dust and control loose materials.

7. Detail solid waste management practices implementing waste disposal in covered waste receptacles.

8. Detail location of temporary sanitary waste facilities implementing proper disposal practices including:
i. Place covered trash and recycling cans in accessible areas for use near active construction.

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ii. Cover and maintain dumpsters. Check frequently for leaks. Never clean a dumpster by hosing it down on-site where wash water can enter the storm drain system.
iii. Dispose of trash daily.
iv. Sweeping areas around dumpsters and prohibiting the disposal of liquid chemicals or waste in dumpsters.

9. List name and contact number of person responsible for implementation of and adherence to Local SWPPP.

10. State size of project in square feet or acres or cubic yards.

MM HYDRO-02: StormwaterBMPs throughout Project Construction. Prior to start of Project construction and on an ongoing basis throughout construction, the City of Modesto Utilities Department shall verify that Best Management Practices for Construction from the SWPPP or functional equivalent are implemented by the contractor and verified with inspections throughout construction activities. Inspections by the City of Modesto will ensure that the Project contractor maintains the following BMPs for general business practice, vehicle maintenance, clean up, education, and erosion prevention:

General Business Practice

1. Schedule activities such as excavation, saw cutting, and paving during dry weather.

2. Keep materials out of the rain. Store them under cover with temporary roofs or plastic sheets/tarps, protected from rainfall, runoff, and wind.

3. Use as little water as possible for dust control to avoid excess runoff of sediment.

4. Keep pollutants off exposed surfaces.

5. Make sure portable toilets are in good working order. Check frequently for leaks.

Vehicle Maintenance

6. Maintain all vehicles and heavy equipment per manufacturers specifications. Inspect frequently for leaks.

7. Designate one area for vehicle parking, vehicle refueling, and routine equipment maintenance. The designated area should be well away from gutters and storm drains and fitted with spill containment.

8. Perform major vehicle maintenance and vehicle/equipment washing off site.

9. Use drip pans or drop cloths to catch drips and spills.

10. Do not use diesel fuel to lubricate equipment or parts.

Clean Up

11. Ensure that there are appropriate spill kits on site and that all employees are trained on the locations and use of the kits.

12. Never hose down streets to clean up tracked dirt. Use wet/dry sweep or vacuum methods.

13. Clean up leaks, drips, and other spills immediately. This will prevent contaminated soil or residue on paved surfaces.

14. Never hose down surfaces where materials have spilled. Use dry cleanup methods whenever possible.

15. Clean up spills on dirt areas by digging up and properly disposing of contaminated soil.

16. Sweep up dry spilled materials immediately. Never attempt to bury them or “wash them away” with water.

17. Report significant spills to the appropriate spill response agencies immediately.

Employee and Client Education

18. Educate your employees. Include water quality training in new employee orientations and conduct annual review sessions.

19. Educate your customers. Post BMPs where clients and employees can see them. Handling Materials and Wastes

20. Practice source reduction – minimize waste when ordering materials. Only order the amounts needed to complete the job.

21. Use recycled and recyclable materials whenever possible.

22. Never bury waste materials or leave them in the street.

23. Dispose of all waste properly.

Erosion Prevention

24. Reestablish stable upper/top crust on disturbed surfaces. This includes application of water or chemical stabilizers.

Re-vegetation (permanent or temporary) is an excellent form of erosion control for any site.

25. Avoid excavation and grading activities during wet weather.

26. Construct diversion dikes to channel runoff around the site. Line channels with grass or roughened pavement to reduce runoff velocity.

27. Plant permanent vegetation as soon as possible, once excavation and grading activities are complete.

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11. LAND USE AND PLANNING
Issues
Potentially
Significant Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
XI. LAND USE AND PLANNING. Would the Project:
a) Physically divide an
established community?
b) Cause a significant
environmental impact due
to a conflict with any land
use plan, policy, or
regulation adopted for the
purpose of avoiding or
mitigating an environmental
effect?

DISCUSSION
a) Physically divide an established community?
RESPONSE:

Less than Significant Impact. The Project will be implemented within existing developed roads and within the parcel for the Stanislaus Elementary School to serve the existing school use. Although the Project will result in temporary disruption of these areas during construction it will not divide the established community or approved land use on either a temporary or permanent basis. The other parcels adjacent to the Project and the surrounding local vicinity are developed with agricultural land uses and are planned for development with village residential (VR) pursuant to the City of Modesto General Plan Land Use Map. See Figure 3B. City of Modesto General Plan Land Use Map.

The Project involves subsurface installation of a potable water main within the public right-of-way that is planned to avoid existing travel lanes, utilities, structures, and existing habitable buildings. Underground improvements along Dale Road and Tully Road will connect to existing dead-end 12-inch potable water mains owned and operated by the City of Modesto. Upon the competition of the Project improvements to the public right-of-way, surfaces will return to preProject conditions with the exception of the above ground fire hydrants. However, the above-ground improvements will provide future fire suppression for the surrounding area and remove gaps in the service area. Backfilling and repaving of the public right-of-way will occur pursuant to CalTrans 2014 Manual on Uniform Traffic Control Devices, Stanislaus County 2016 General Plan EIR Circulation Element, and City of Modesto Standard Specifications, 3.02 Design: C) Pavement Design. In addition, due to temporary Project construction, the contractor will implement a traffic control plan for work within the paved right-of-way pursuant to the City’s Standard Specifications, Chapter 8. Utility and Trench Sections: Traffic Control Plan, and CALTRANS standards, Part 7 Traffic Control for School Areas and Part 6. Temporary Traffic Control. The traffic control plan will ensure that safe and consistent through access is maintained during shortterm Project construction along Dale Road, Kiernan Avenue, and Tully Road.

As a result, the Project does not anticipate impacts to physical division of an established community. Project implementation will not divide an established community and are consistent with concepts evaluated in the City’s Water Master Plan. No Mitigation Measures are needed.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? RESPONSE:

Less than Significant Impact. The Project Alignment will be implemented mostly within the public right-of-way. The Project does not propose to change existing land use patterns or conflict with existing plans, policies, or regulations. The Project is intended to extend the City of Modesto’s water system to serve the existing school, replacing well water with water from the City’s potable water system, and to correct deficiencies in the water system by replacing capped mains with a loop system serving established and approved land use in the Local Vicinity The Project Area is within the Kiernan/Carver North Comprehensive Planning District (CPD) and Kiernan Business Park Specific Plan (SCH #2007052071); therefore, the City’s Land Use policies LUP-22 through LUP-25, which support the FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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buildout of CPDs and Specific Plans that require new public facilities, water, wastewater, and stormwater infrastructure, are consistent with Project plans and previously approved specific plans (Modesto General Plan, 2019; Kiernan Business Park Specific Plan, 2009- Figure III.12: Proposed Water Facilities System).

Since the proposed Project will not exceed what has been anticipated under the City’s Water Master Plan, and City General Plan, Project implementation is not expected to cause significant environmental impact due to conflicts with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The Project is intended to mitigate 1,2,3-TCP contamination within the SUSD Water System and provide the SUSD service area with safe, drinking water complaint with drinking water standards. The Project will not As a result, less than significant impacts are anticipated. No Mitigation Measures are necessary.

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12. MINERAL RESOURCES
Issues
Potentially
Significant Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
MINERAL RESOURCES. Would the Project:
a) Result in the loss of
availability of a known
mineral resource that would
be a value to the region and
the residents of the state?
b) Result in the loss of
availability of a locally
important mineral resource
recovery site delineated on
a local general plan, specific
plan or other land use plan?

DISCUSSION
a) Result in the loss of availability of a knownmineral resource that would be a value to the region and the residents of the state?
RESPONSE:

No Impact. Stanislaus County’s mineral production consists of mineral from the construction processes (sand, gravel), industrial processes (diatomite, clay, mineral pigments, magnesite, quartz, dimension stone), and metallic minerals (chromite, placer gold, manganese, mercury, platinum, and silver) (California Department of Conservation, Division of Mines and Geology 1993; Modesto GP EIR, 2019). The only mineral resources that are actively mined throughout the County include sand and gravel. No areas within the City of Modesto’s UAGP planning area are classified as Mineral Resource Zones under the Surface Mining and Reclamation Act. The planning area is underlain by areas zoned under MRZ-3a for sand and gravel and minerals with undetermined significance.

The Project is being implemented to achieve City standards for fire flow and state drinking water standards and does not conflict with the approved General Plan or Water Master Plan. The Project would support the approved land use in the City’s General Plan and would not induce substantial additional growth and development; therefore, indirect project impacts on mineral resources would not occur as a result of the Project. Best Management Practices to maintain continuous access to adjacent properties and manage drainage and water quality. Areas disturbed during project construction will be restored to pre-project conditions, with the exception of the fire hydrants, which will serve the local area. For these reasons, significant impacts would not result from the project. b) Result in the loss of availability of a locally important mineral resource recovery site delineatedon a local general plan, specific plan or other land use plan?
RESPONSE:

No Impact. See Response 12, a). There are no locally important mineral resource recovery sites delineated in the County’s General Plan and City of Modesto. The Project would not induce additional growth beyond what is approved with existing zoning and general plan. Therefore, Project implementation will not result in direct or indirect impacts on mineral resources or the loss of availability of a locally important mineral resources recovery site delineated on a local general plan or other land use plan. No impacts are anticipated.

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13. NOISE
Issues
Potentially
Significant Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
XIII. NOISE. Would the Project result in:
a) Generation of a substantial
temporary or permanent
increase in ambient noise
levels in the vicinity of the
Project in excess of standards
established in the local
general plan or noise
ordinance, or applicable
standards of other agencies?
b) Generation of excessive
groundborne vibration or
groundborne noise levels?
c) For a Project located within
the vicinity of a private
airstrip or an airport land use
plan or, where such a plan
has not been adopted, within
two miles of a public airport
or public use airport, would
the Project expose people
residing or working in the
Project area to excessive
noise levels?

REGULATORY FRAMEWORK
Federal Noise Control Act of 1972
In 1972, the U.S. Environmental Protection Agency (EPA) Office of Noise Ambient and Control issued the Federal Noise Control Act, which established programs and guidelines to identify and address the effects of noise on public health, welfare, and the environment. The EPA established Levels of Environmental Noise recommended that Ldn should not exceed 55 dBA outdoors or 45 dBA indoors to prevent significant activity interference and annoyance in noise-sensitive areas (e.g. residences, schools, hospitals, etc.). 55 dBA was identified as an “adequate margin of safety” for noise level increase relative to a baseline noise exposure level of 55 dBA Ldn. The standards set by the EPA’s Federal Noise Control Act are advisory exposure levels below which there would be no risk to a community from any health or welfare effect of noise.

In 1981, EPA administrators determined that subjective issues such as noise would be better addressed at lower levels of government. Consequently, in 1982 responsibilities for regulating noise control policies were transferred to State and local governments. However, noise control guidelines and regulations contained in EPA rulings in prior years remain in place by designated Federal agencies, allowing more individualized control for specific issues by designated Federal, State, and local government agencies.

City of Modesto
General Plan
The City of Modesto General Plan Chapter VII – Environmental Resources and Open Space contains noise related policies which apply to the proposed Project. Applicable policies are presented below.

Policies
Construction activities are to comply with Modesto Municipal Code Title 4, Chapter 9. Implement noise-reducing construction practices as conditions of approval where substantial construction-related noise impacts would be likely to occur, such as with extended periods of pile driving, or where construction is expected to continue or where sensitive receptors would be affected by construction noise. Conditions of approval may include, but are not limited to:
a) Require construction equipment, including air compressors and pneumatic equipment to have properly maintained mufflers;
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c) Require that the quietist equipment available be used; and d) Require sections of haul routes that affect the fewest number of people. e) Incorporate construction practices and acoustic treatment in new residential construction to reduce typical indoor noise levels to 45 dB. Developers of residential buildings within the 65 dBA contours shown in the General Plan Master EIR shall demonstrate that interior noise has been reduced to 45 dB. Other types of development should be protected against noise intrusion at least to the levels.. f) At noise-sensitive land uses, increases in noise should not exceed 3 dBA where any other noise threshold or standard would be exceeded, and/or 5 dBA where noise levels would otherwise fall within acceptable limits, for the existing conditions scenario as compared to the buildout scenario. g) Additional study and/or mitigation for outdoor recreation areas will be required if:
h) For single-family dwellings, noise exceeds 65 dBA Ldn in one or more backyards; i) For multi-family dwellings, noise exceeds 65 dBA Ldn at common recreation areas, such as swimming pools or play areas or at private patios and balconies; or,
j) For other uses, noise exceeds the level considered “conditionally acceptable”. k) Limit trucking to specific routes, times, and speeds that avoid or minimize adverse effects on sensitive receptors. l) For construction activities involving high-powered vibratory tools or pile driving within 200 feet of an existing structure, demonstrate that Project construction would not exceed the CALTRANS construction vibration thresholds to ensure that no damage to sensitive structures would occur.

Municipal Code
The City of Modesto Municipal Code addresses noise regulations and standards in Chapter 9 Noise Regulations. According to Section 4-9.104 the following specific acts are subject to exemptions and declared to be public nuisances in violation of Section 4-9.102:
a) The loud and raucous discharge into the open air of the steam of any steam equipment or exhaust from any stationary internal-combustion engine;
b) The loud and raucous operation or use of any of the following before 7:00 AM or after 9:00 PM daily (except Saturday and Sunday and state or federal holidays, when the prohibited time shall be before 9:00 AM and after 9:00 PM):
a. A hammer, or any other device or implement used to pound or strike an object. b. An impact wrench or other tool or equipment powered by compressed air. c. A hand-powered saw.
d. Any tool or piece of equipment powered by an internal-combustion engine such as, but not limited to, chain saw, backpack blower, and lawn mower. Except as included in subsection (a)(6), motor vehicles, powered by an internal-combustion engine and subject to the California Vehicle Code, are excluded from this prohibition.
e. Any electrically powered (whether by alternating current electricity or by direct current electricity) tool or piece of equipment used for cutting, drilling, or shaping wood, plastic, metal, or other materials or objects, such as, but not limited to, a saw, drill, lathe or router. f. Any of the following: heavy equipment (such as but not limited to bulldozer, steam shovel, road grader, back hoe), ground drilling and boring equipment (such as but not limited to derrick or dredge), hydraulic crane, and boom equipment, portable power generator or pump, pavement equipment (such as but not limited to pneumatic hammer, pavement breaker, tamper, compacting equipment), pile-driving equipment, vibrating roller, sand blaster, gunite machine, trencher, concrete truck and hot kettle pump. g. Any construction, demolition, excavation, erection, alteration, or repair activity.

DISCUSSION
The responses in this section are based on the Noise Impact Analysis for Stanislaus Elementary School 1,2,3-TCP Mitigation Project conducted by Ganddini Group, dated December 14th, 2023 (Appendix E). Results from the noise impact analysis are based on long-term 24-hour noise measurements were taken from December 5th, 2023, to December 6th, 2023, for the purposes of determining noise impacts associated with on-site and off-site construction related noise. Locations for the longterm and short-term noise measurements are shown in Figure 8: Noise Measurements below.

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a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards establishedin the local general plan or noise ordinance, or applicable standards of other agencies?
RESPONSE:

Less than Significant with Mitigation Incorporated. Long-term noise measurements and short-term noise measurements were taken at various location along the Project Alignment to determined existing ambient noise levels. The short-term ambient noise levels ranged between 62.6 and 72.9 dBA Leq. Long-term hourly noise measurement ambient noise levels ranged from 43.6 to 59.8 dBA Leq. The dominant noise source in the Project vicinity was vehicle traffic associated with Dale Road, Kiernan Avenue, Tully Road, Carver Road, American Avenue, and other surrounding roadways. Existing sensitive land uses in the Project area that may be affected by Project noise include the existing residential, school, and transient lodging uses located adjacent or near Kiernan Avenue between Tully Road to Dale Road. See Table 1. Surrounding Land Uses.

Construction Noise On-site
Construction-related noise sources are regulated by the Federal Transit Administration (FTA); and City of Modesto’s Municipal Code, which prohibits the loud and raucous operation or use of construction equipment outside of the hours between the hours of 7:00 AM and 9:00 PM daily except on Saturday, Sunday, and state or federal holidays in which the hours are to be between 9:00 AM and 9:00 PM. Exemptions are giving under subsection (b) in the event of an urgent necessity and in the interest of public health and safety. Therefore, the Project will result in significant impacts if construction occurs outside of time zones specified within the City of Modesto Municipal Code; and if noise levels exceed dBA Leq for an 8-hour period at residential and noise-sensitive outdoor areas, according to the Federal Transit Administration construction noise criteria.

Based on calculations of Project construction noise at nearby sensitive receptors using FTA methodology and “worstcase conditions”, construction noise will range between 82 and 98 dBA Leq. Since the exact location of the pipeline within the road right of way or adjacent property is not known at this time, conservative assumptions were used.

For example, there are existing single-family adjacent to the pipeline route. Because the construction noise standards apply at the property line, the worst-case scenario was assumed to be 25 feet. Project construction noise will exceed the FTA noise threshold of 80 dBA Leq for an 8-hour period at residential and noise-sensitive outdoor areas. Although FTA standards only apply to residential land uses, impacts to commercial land uses, schools and parks were also considered.

Construction noise levels at the retail uses near the jack and bore site near the intersection of Dale Road and Kiernan Avenue may reach up to 82.5 dBA Leq. Retail land uses are not considered sensitive. Therefore, this impact is less than significant, and no mitigation is required.

Construction noise levels at the Elementary School may reach up to 92.0 dBA Leq at a distance of 50 feet on school grounds; construction noise levels at single-family homes near Tully Road and Kiernan Avenue may reach up to 92.0 dBA Leq at a distance of 50 feet on school grounds; construction noise along the pipeline alignment at residential land uses could reach up to 97.7 dBA Leq. These impacts are anticipated to be significant. As a result, Mitigation Measure MM NOI-01: Construction Noise, will be implementing during Project construction.

Construction Noise Off-site
Roadway noise levels were calculated for land uses adjacent to Kiernan Avenue in the Project vicinity based on the FHWA Traffic Noise Prediction Model methodology. As shown in the CalEEMod output files provided in the Air Quality, Global Climate Change, and Energy Impact Analysis prepared for the proposed Project (see Appendix A), the greatest number of construction-related vehicle trips per day would be a maximum of up to approximately 37 vehicle trips per day (32 for worker trips, 2 for vendor trips, and 2.44 for hauling trips). The most recent traffic count for Kiernan Avenue along the Project alignment is approximately 14,200 average daily trips (ADT)6. Roadway noise levels were calculated for the following scenarios:

Existing (without Project): This scenario refers to the existing year traffic noise conditions.

Existing Plus Project Construction: This scenario refers to the existing year plus Project construction traffic noise conditions.

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Modeling results show that the existing noise level along Kiernan Avenue is 73.4 dBA CNEL and the existing plus Project noise level would be 73.5 dBA CNEL. The proposed Project would result in a noise increase of less than one decibel and impacts would be less than significant. No mitigation measures are required.

With the implementation of Mitigation Measure MM NOI-01: Construction Noise, the Project will result in less than significant impact throughout on-site and off-site constriction activities.

b) Generation of excessive groundborne vibration or groundborne noise levels? RESPONSE:

Less than Significant Impact. The California Transportation and Construction Vibration Guidance Manual (CALTRANS, 2020) establishes criteria for groundborne vibration. The guidelines recommend that the threshold at which there is a risk of architectural damage is a peak particle velocity (PPV) of 0.25 inches/second (in/sec) for historic buildings, PPV of 0.3 in/sec at older residential structures, and a PPV of 0.5 in/sec at new residential structures and modern commercial/industrial buildings. According to CALTRANS, groundborne vibration becomes an annoyance when PPV of 0.4 in/sec is exceeded (CALTRANS, 2020).

The closest structures to the proposed construction activities include single family residential structures as close as 25 feet. Plate compactors are the most vibratory equipment that may be used near an existing structure. The peak particle velocity (PPV) per square foot associated with these vibratory plates is 0.21 at a distance of 25 feet (see Table 17: Construction Equipment Vibration Source Levels below). They are not, however, expected to be utilized within 25 feet of an existing structure. Other equipment anticipated to be used during Project construction generate lower PPV. Therefore, groundborne vibration generated by Project construction would not exceed the levels necessary to cause architectural damage. Use of plate compactors would not exceed the threshold for annoyance due to vibration (PPV of 0.4 in/sec) at residential receptors along the Project route. This impact would be less than significant.

TABLE 17: CONSTRUCTION EQUIPMENT VIBRATION SOURCE LEVELS Equipment WWsĂƚϮϱŌ͕ŝŶͬƐĞĐ ƉƉƌŽdžŝŵĂƚĞ>ǀΎĂƚϮϱŌ
Pile Driver (impact) Upper range 1.518 112
typical 0.644 104
Pile Driver (sonic) Upper range 0.734 105
typical 0.170 93
Clam shovel drop (slurry well) 0.202 94
Hydromill (slurry wall) In soil 0.008 66
In rock 0.017 75
Vibratory Roller 0.210 94
Hoe Ram 0.089 87
Large Bulldozer 0.089 87
Cassion Drilling 0.089 87
Loaded Trucks 0.076 86
Jackhammer 0.035 79
Small Bulldozer 0.003 58
Source: Noise Impact Analysis, Ganddini 2023 (Appendix E) Notes: Based on Federal Transit Administration Transit Noise and Vibration Impact Assessment Manual, 2018. *RMS velocity in decibels, VbB re 1 micro-in/sec

Substantial sources of groundborne vibration during post-construction Project operations will include the movement of passenger vehicles and trucks on paved and generally smooth surfaces. Loaded trucks generally have a PPV of 0.076 at a distance of 25 feet (CALTRANS, 2020), which is a substantially lower PPV than that of a vibratory roller (0.210 in/sec PPV at 25 feet). Therefore, groundborne vibration levels generated by Project operations would not exceed those modeled for Project construction.

As a result, less than significant impacts are anticipated. No Mitigation Measures are required.

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c) For a Project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not beenadopted, within twomiles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels? RESPONSE:

No Impact. The closest airport to the Project Site is the Modesto City-County Airport located approximately 6 miles to the southeast of the Project Alignment. The proposed Project is that of the installation of approximately 12,000 linear feet of 12-inch potable water pipeline along Tully Road; Kieran Avenue; and Dale Road. Therefore, due to both the nature of the proposed Project and the distance to the nearest airport, the proposed Project would not expose people residing or working in the area to excessive noise levels.

As a result, impacts are not anticipated; therefore, no Mitigation Measures are required.

MITIGATION MEASURES
MM NOI-01: Construction Noise. Throughout Project construction, the following construction noise impacts must be implemented by the Project contractor and City of Modesto Utilities Department in order for noise levels during construction activities to be considered less than significant:

1. During all Project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards.

2. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the Project site. One-inch plywood or acoustical blankets capable of achieving a reduction level of at least 10 dB shall be used to keep equipment noise from exceeding the 80 dBA noise level standard.

3. Equipment shall be shut off and not left to idle when not in use.

4. Whenever possible, electric power will be used in lieu of internal combustion engine power.

5. The contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the Project site during all Project construction.

6. Jackhammers, pneumatic equipment, and all other portable stationary noise sources shall be shielded, and noise shall be directed away from sensitive receptors.

7. The Project proponent shall mandate that the construction contractor prohibit the use of music or sound amplification on the Project site during construction.

8. The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment.

9. The quietest equipment available will be utilized when feasible; and,

10. Haul routes that affect the fewest number of people will be utilized whenever possible.

11. Construction activities near and at the school site shall be limited to only when the school is not in use.

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Figure 8: Noise Measurement Locations
City of Modesto
Stanislaus Elementary School 1,2,3-TCP Mitigation Project Source: Noise Impact Analysis, Appendix E (Ganddini, 2023) Not to Scale
Legend
Noise Measurement Location >
NM1
Short-Term Noise MeasurementLong-Term Noise Measurement ST NM
LT NM

PROJECT
Fire Hydrant
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14. POPULATION AND HOUSING
Issues
Potentially
Significant Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
XIV. POPULATION AND HOUSING. Would the Project:
a) Induce substantial unplanned
population growth in an area,
either directly (for example,
by proposing new homes and
businesses) or indirectly (for
example, through extension
of roads or other
infrastructure)?
b) Displace substantial numbers
of existing people or housing,
necessitating the
construction of replacement
housing elsewhere?

DISCUSSION
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homesand businesses) or indirectly (for example, through extension of roads or other infrastructure)? RESPONSE:

No Impact. In 2010, the population of Stanislaus County reached approximately 514,453 residents (Stanislaus County GP EIR, 2016). As of July 1st, 2022 the City of Modesto’s population has risen to 218,069 according to the US Census (US Census, 2022). According to the City of Modesto’s General Plan, population is projected to increase by approximately

27.6 percent between the study years for the General Plan between 2015 to 2050; as of 2023, roughly 250,000 residents are serviced by the City of Modesto’s eight water systems (City of Modesto, 2023). Population growth into Modesto’s UAGP over the years has been a result of urban expansion from growth pressure within San Francisco Bay Area. The City’s General Plan Circulation Element, Land Use Element, Housing Element, and Water Master Plan intend “to accommodate future growth in a controlled manner” (Modesto GP EIR, 2019).

The Project intends to install approximately 12,000 linear feet of potable water main in conformance with the City’s Water Master Plan and General Plan. The Project intends to mitigate 1,2,3-TCP contamination at the Stanislaus Elementary School by consolidating the City’s existing infrastructure with planned improvements that will connect to Stanislaus Union School District’s Water System. Since the Project is consistent with previously approved City documents and does not propose the construction of any structures (i.e. residences or commercial establishments) that would result in direct population growth or increased students at the school campus, the Project des not anticipated impacts.

As a result, the proposed Project is not anticipated to result in unplanned population growth by either implementing new homes or businesses, increasing school capacity, or indirectly extending infrastructure. Therefore, impacts are not anticipated, and no Mitigation Measures are needed.

b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
RESPONSE:

No Impact. See Response 14, a). The Project Alignment is within the public right-of-way along Dale Road, Kiernan Avenue, and Tully Road and will implement traffic control best management practices to maintain access to adjacent parcels along these roads during construction. Surrounding land uses consist of primarily agriculture fields and a mixture of commercial, industrial, institutional, and residential land use. No housing will be affected, and no people will be displaced temporarily or permanently by the extension of potable water pipeline.

For these reasons, no impacts related to the displacement of substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere is not anticipated to occur. Mitigation Measures are not needed.

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15. PUBLIC SERVICES
Issues

Potentially
Significant Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
XV. PUBLIC SERVICES. Would the Project:
a) Result in substantial adverse
physical impacts associated
with the provision of new or
physically altered
governmental facilities, need
for new or physically altered
governmental facilities, the
construction of which could
cause significant
environmental impacts, in
order to maintain acceptable
service ratios, response
times, or other performance
objectives for any of the
public services:
i. Fire Protection?
ii. Police Protection?
iii. Schools?
iv. Parks?
v. Other public facilities?

DISCUSSION
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
i. Fire Protection?
RESPONSE:

Less than Significant with Mitigation Incorporated. The Project is partially within the jurisdiction of Stanislaus Fire Protection District (SFPD) and Modesto Fire Department. The SFPD contains 56 full time personnel and two part time personnel with 5 fire stations that provide fire and emergency medical services. The Fire District services approximately 199 square miles of unincorporated Stanislaus County. The closest Fire Station to Stanislaus Elementary School is Station 26, approximately 6.9 miles to the northeast. The Modesto Fire Department contains 11 fully staffed stations and a future station planned within northeastern Modesto City Limits equipped to handle structural fires and emergencies (Modesto GP EIR, 2019). The other notable fire stations close to the Project Location are Modesto Fire Station 11, approximately 0.6 miles south of the Tully Road “dead-end” connection point, and Salida Fire Station 13, approximately 1.5 miles north of Tully Road and Kiernan intersection. Since the Project Location is within two fire jurisdictions, Mitigation Measure MM PUB-01: Coordination with Local Agencies for Traffic Control will help ensure coordination between the City of Modesto and Stanislaus County Fire Protection agencies.

The Project will remove existing dead end water mains in Tully Road and Dale Road, connecting existing mains in these roadways and extending potable water to the existing school, as well as improving water reliability for fire response within the Local Vicinity. The Project will replace a water well with a looped water zone within the City’s overall water system. A later connection will be constructed with the Project to connect the proposed water main in Kiernan to the school’s existing water meter; and extend north along Tully Road, where the installation of a fire hydrant will occur in the northeastern corner of the intersection for future fire suppression, where gaps in the City’s water distribution network currently exist. Improvements will remain consistent with City of Modesto Standard Specifications and Water Master Plan. The Project will not increase school use or capacity. Likewise, population and level of activity within the local vicinity will not increase or result in the need for an additional fire station, equipment, or staff over the long-term. Project will not change land use, either directly or indirectly, from what was considered FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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and approved in the existing General Plan and Water Master Plan. Therefore, there will not be an increased need for fire response beyond what has already been identified in the City’s approved Water Master Plan and General Plan. The Project proposes to maintain fire flow requirements (33 pounds per square inch at 4000 gallons per minute) pursuant to Modesto Policy FS-1.

Construction will occur within eleven (11) months, requiring a crew of approximately 16, which is not of a duration or scale that would result in substantial need for changes in the existing public services or physically altered facilities beyond what is already been planned and approved. During construction an approved traffic control plan, including input from the Fire Department, will be followed by the construction crew to reduce conflicts and delays from construction within the public right-of-way. This will allow fire protection services to function according to agency standards. Therefore, Fire Department and emergency response through the construction zone will be maintained pursuant to agency input and standards without the need for new or physically altered government facilities. As a result, less than significant impacts are expected during construction on fire and emergency services.

The standard application of the City’s plan check, inspection process will verify the implementation of fire protection performance objectives during construction and long-term operation. In addition, Mitigation Measure MM PUB-01:

Coordination with Local Agencies for Traffic Control, will help to facilitate fire protection services are maintained throughout Project construction activities.

For these reasons, impacts are considered less than significant with the implementation of Mitigation Measure MM PUB-01: Coordination with Local Agencies for Traffic Control. ii. Police Protection?
RESPONSE:

Less than Significant with Mitigation Incorporated. See Section 13, a) i). The Project is partially within District 63 of the Modesto Police Department; Dale Road and the intersection of Dale Road and Kiernan Avenue is within the service boundaries of the City’s Police Department. Kiernan Avenue, Tully Road and Stanislaus Elementary School are within the jurisdiction of the Stanislaus Sherriff’s Department, and traffic laws are enforced by the State Highway Patrol along Kiernan Avenue within the boundaries of the Project. The closest police stations to the Project are California Highway Patrol Modesto Area Office, approximately 1.9 miles east of the proposed Project Alignment, and Modesto Police Department (3005 Evergreen Avenue #600, Modesto, CA 95350), approximately 3.2 miles south of the Project Alignment.

During construction an approved traffic control plan will be followed. To ensure proper coordination for the implementation of the traffic control plan occurs between the City Utilities Department, Engineering Department, City Police, County Sheriff, and Highway Patrol, Mitigation Measure MM PUB-01: Coordination with Local Agencies for Traffic Control. This will allow services to function according to agency standards, and access will remain open throughout construction along the Project Alignment. The proposed Project will not permanently increase population or change land use resulting in increased need for police services either directly or indirectly.

Since the Project is a part of the approved Water Master Plan, intended to benefit the school and the City’s public works facilities, the Project will not impact the level of police protection at the Project Location. The Project does not propose to increase population or change land use.

As a result of the reasons above, less than significant impacts to police protection are expected. No Mitigation Measures are needed.

iii. Schools?
RESPONSE:

Less than Significant with Mitigation Incorporated. The Project Area is serviced by Stanislaus Union School District.

As mentioned within Section 2. Project Description, the Project is located within the property lines of Stanislaus Elementary School. Other education facilities closest to the Project Alignment include Big Valley Christian High School, approximately 0.9 miles from the Tully Road existing “dead-end” connection point. However, due to the Project Location relative to Big Valley Christian High School temporary, impacts during intermittent Project construction nor long-term maintenance are anticipated. Stanislaus Union School District would review plans for FINAL INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION SCH #2024121117 #26..
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the service pipe to the elementary school and the construction schedule would be coordinated with the school district pursuant to Mitigation Measure MM HAZ-02: Coordination with Stanislaus Union School District.

Project Activities anticipated to occur within 0.25 miles of Stanislaus Elementary School include installation of 12,000 linear feet of potable water main and thirteen (13) fire hydrants using open trench construction and jack and bore construction. The installation of a service pipe for water service to the school as well as an extension, fire hydrant, and stub north of the water main in Kiernan Avenue will be installed with jack and bore construction to connect the proposed main along Kiernan Avenue to the southeastern corner of the elementary school and the northeastern corner of the Tully Drive/Kiernan Avenue intersection. Potentially significant impacts as a result of construction activities are anticipated. Construction activities may temporarily prohibit young children from biking and walking during peak hours for drop-off and pick-up, especially during the installation of the service pipe. As mentioned above, the Project’s traffic control plan pursuant to City Standards and Specifications will maintain access to Stanislaus Elementary School during the academic school year and hours of operation. However, environmental impacts including noise and air quality may prohibit open trenching and jack and bore construction from occurring during education hours. As a result, the Project should implement Mitigation Measure MM HAZ-02: Coordination with Stanislaus Union School District, which will specify construction hours within a 400-foot radius of Stanislaus Elementary School for protection to sensitive receptors throughout the School’s operations and ensure coordination occurs with SUSD prior to construction activities.

Additionally, the Project will not increase population or density either directly or indirectly within the planning area; therefore, the project will not result in changes to school enrollment. iv. Parks?
RESPONSE:

Less than Significant Impact. The Project is public works improvement and will not result in any short-term or permanent changes in demand for parks services. As mentioned within Section 16. Recreation, the closest parkland and open spaces are approximately 1 mile east of the proposed Project. The Project does not propose to change land use resulting, either directly or indirectly, in an increase in density or population that would affect park use.

Therefore, long-term impacts are not anticipated.

In addition, the Project Alignment is planned to be constructed with the public right-of-way; therefore, an approved traffic control plan will be implemented in compliance with City Standard Specifications. As a result, access to existing park land adjacent to Project Components is not anticipated to be impacted by Project construction. Less than significant impacts are anticipated; no Mitigation Measures are needed.

v. Other public facilities?
RESPONSE:

No Impact. The Project Alignment is north of Modesto City Limits, adjacent to primarily agricultural, industrial, and commercial land uses under jurisdiction of the City and Stanislaus County. See Table 1. Surrounding Land Uses and Table 2. Existing Diverse Uses Within Local Vicinity of the Project Alignment. The City Utilities Department will facilitate coordination on the Project between other city departments, County and the state. Therefore, construction is not anticipated to result in significant temporary or permanent changes to public facilities.

MITIGATION MEASURES
MM PUB-01: Coordination with Local Agencies and Special Districts for Traffic Control. Prior to start of construction, Modesto’s City Engineering Division must ensure coordination is facilitated between local agencies and special districts within Modesto City Limits and Stanislaus County including Stanislaus Consolidated Fire Protection District, Modesto Fire Department, California Highway Patrol, Stanislaus County Sherrif’s Department, Stanislaus School District, and Modesto Police Department. Coordination between Local Agencies shall involve the review of the Project’s traffic control plan and construction schedule prior to City of Modesto’s approval to ensure all agency Best Management Practices and standards are incorporated into the traffic control plan. This coordination shall also include Stanislaus Elementary School so that installation of the service pipe does not occur during school hours or pick-up and drop-off times to avoid conflicts with the operation of the school.

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16. RECREATION
Issues

Potentially
Significant Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
RECREATION.
a) Would the Project increase
the use of existing
neighborhood and regional
parks or other recreational
facilities such that substantial
physical deterioration of the
facility would occur or be
accelerated?
b) Does the Project include
recreational facilities or
require the construction or
expansion of recreational
facilities which might have an
adverse physical effect on the
environment?

REGULATORY COMPLIANCE
The Quimby Act
The Quimby Act of 1965, Section 66477 of the California Government Code, enables local governments, cities, or counties to require the dedication of land or impose a requirement of the payment of the in-lieu fees for development of community parks as well as setting minimal standards for parks.

DISCUSSION
a) Would the Project increase the use of existing neighborhood and regional parks or otherrecreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? RESPONSE:

No Impact. The closest parkland and open spaces to the Project Alignment are McKinley Colony Park, approximately 1.7 miles south of the proposed Project, and the Virginia Corridor Trailway traversing in a north-south direction, approximately 1.0 miles east of the Project Alignment (Modesto GP EIR, 2019; Figure VI-11-1: Existing Park System in City Limits). Due to distance, the Project will not directly impact parks. The Project will support long-term goals outlined in the City of Modesto’s General Plan and Water Master Plan. The Project is a subterranean water main that will connect Stanislaus Elementary School to the City of Modesto’s potable water system, replacing reliance on a well for drinking water. As such, a lateral connection will be constructed between the new main in Kiernan Avenue and the school’s water meter located near the south and east parcel boundaries of the school, approximately 500 feet from the Stanislaus Elementary School playground. Construction of the service pipe is not anticipated to disrupt sensitive receptors or the physical deterioration of the playground, since trenching will occur outside of the play area limits and construction is proposed outside of the school’s operating hours.

The Project is a subterranean public works improvement that will temporarily disrupt the public right-of-way using open trench and jack and bore methods. Through access within the streets will be maintained during construction with the implementation of an approved traffic control plan by the contractor; therefore, construction would not alter traffic resulting temporary changes to park utilization within the Local Vicinity or outlying areas. Upon completion, the public right-of-way and Project Location will be restored to existing conditions. The Project does not propose structures or buildings that will directly increase population or level of activity, resulting in permanently increased use of neighborhood and regional parks or other recreational facilities. The Project will temporarily increase daytime, weekday population at the Project location during construction; however, significantly increased park uses, resulting in substantial or accelerated physical deterioration of nearby parks, is not expected during construction due to the size of the Project and anticipated size of the construction crew.

As a result, the Project will have no impact on recreational facilities. No Mitigation Measures are required.

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b) Does the Project include recreational facilities or require the construction or expansion of recreational facilitieswhich might have an adverse physical effect on the environment? RESPONSE:

No Impact. The Project will not construct or expand recreational facilities. The Project is a subterranean utility that will not permanently affect land use or transportation. During construction the contractor will be required to implement mitigation measures and BMPs to reduce physical effects of construction on the environment to less than significance.

Upon completion of construction the Project will restore areas affected by construction to existing conditions. Therefore, the Project will have no temporary or permanent impacts related to construction or expansion of recreational facilities which will have an adverse physical effect on the environment, and no mitigation is required.

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17. TRANSPORTATION
Issues

Potentially
Significant Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
XVII. TRANSPORTATION. Would the Project:
a) Conflict with a program, plan,
ordinance or policy
addressing the circulation
system, including transit,
roadway, bicycle and
pedestrian facilities?
b) Conflict or be inconsistent
with CEQA Guidelines §
15064.3, subdivision (b)?
c) Substantially increase
hazards due to a geometric
design feature (e.g., sharp
curves or dangerous
intersections) or
incompatible uses (e.g., farm
equipment)?
d) Result in inadequate
emergency access?

REGULATORY COMPLIANCE
CEQA Guidelines
In December 2018, CEQA Guidelines Section 15064.3, subdivision (b) was adopted by the California Natural Resources Agency. The updated guidelines outline the specific considerations for evaluating a project’s transportation impacts; identifying “vehicle miles traveled” (VMT) as the most appropriate measure for determining impact levels. The updated guidelines focus primarily on transit priority areas, shifting the focus from driver delay to GHG reductions, the utilization of multimodal networks, and mixed land uses.

Section 15064.3 subdivision (b) considers all the following acceptable criteria for analyzing transportation impacts:
(1) Land Use Projects. Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact. Generally, projects within one-half mile of either an existing major transit stop or a stop along an existing high quality transit corridor should be presumed to cause a less than significant transportation impact. Projects that decrease vehicle miles traveled in the project area compared to existing conditions should be presumed to have a less than significant transportation impact.
(2) Transportation Projects. Transportation projects that reduce, or have no impact on, vehicle miles traveled should be presumed to cause a less than significant transportation impact. For roadway capacity projects, agencies have discretion to determine the appropriate measure of transportation impact consistent with CEQA and other applicable requirements. To the extent that such impacts have already been adequately addressed at a programmatic level, such as in a regional transportation plan EIR, a lead agency may tier from that analysis as provided in Section 15152. (3) Qualitative Analysis. If existing models or methods are not available to estimate the vehicle miles traveled for the particular project being considered, a lead agency may analyze the project's vehicle miles traveled qualitatively. Such a qualitative analysis would evaluate factors such as the availability of transit, proximity to other destinations, etc. For many projects, a qualitative analysis of construction traffic may be appropriate. (4) Methodology. A lead agency has discretion to choose the most appropriate methodology to evaluate a project's vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project's vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.

Source: CEQA Guidelines Section 15064.3- Determining the Significance of Transportation Impacts.

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DISCUSSION
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
RESPONSE:

Less than Significant Impact. As mentioned within Section II. Project Description, the Project Alignment will be constructed within the public right-of-way Dale Road, a minor arterial12 within the city of Modesto’s jurisdiction; Kiernan Avenue, Principal Arterial13 within CALTRANS right-of-way; and Tully Road, a minor arterial within the County public rightof-way.

The Project plans to install 12,000 linear feet of potable water pipeline within the public Right-of-Way, in addition to Project Components on City-owned parcels. No permanent changes to the City of Modesto’s circulation system are proposed with the Project; however, Project construction is anticipated to cause temporary and intermittent traffic impacts. As anticipated within the Project’s Air Quality, Greenhouse Gas, & Energy Technical Memorandum (Appendix A), construction worker trips will generate an estimated 82,944 vehicle miles travelled (VMT) during Project construction.

Project construction is anticipated to take eleven (11) months. b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? RESPONSE:

Less than Significant with Mitigation Incorporated. CEQA Guidelines Section 15064.3, subdivision (b) pertains to vehicle miles traveled that are expected from a Project. The Project does not propose changes to existing or approved land use and will not facilitate permanently increased traffic trips or increased VMT. As mentioned above, Appendix A, Air Quality, Greenhouse, & Energy Technical Memorandum anticipates temporary Project construction will generate 82,944 construction works trips and 15,154 vendor and hauling trips during temporary Project construction activities, totaling 98,098 VMT. As a result of temporary increases in truck trips along local roadways, the Project will implement Mitigation Measure MM TRAF-01: Traffic Control Plan to ensure BMPs for temporary increases in VMT minimize disruptions to agricultural production, Stanislaus Elementary School pick-ups and drop-off, or the roadways within the Local Vicinity.

The traffic control plan includes land closures, barricades, signage along roadways, and designated work areas/ limits for construction activities. Long-term increases in VMT as a result of the Project are not anticipated. In addition, the traffic control plan will ensure City of Modesto, Stanislaus County, and CALTRANS standards for traffic control are being implemented throughout Project construction. In addition to MM TRAF-01: Traffic Control Plan, the Project proposes to obtain an encroachment permit pursuant to MM TRAF-02: Encroachment Permit, which will ensure that the Project Manager is compliant with standards established by CANTRANS, Stanislaus County, and the City of Modesto.

As a result, the Project does not anticipate conflicts or inconsistencies with CEQA Guidelines related to VMT with the implementation of Mitigation Measure MM TRAF-01: Traffic Control Plan and MM TRAF-02: Encroachment Permit.

c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
RESPONSE:

No Impact. The Project will be constructed below ground surface. The only above ground features are the fire hydrants for fire suppression; twelve fire hydrants are proposed on the south side of Kiernan Avenue and one will be in the northeastern corner of the Tully Road and Kiernan Avenue intersection; the fire hydrants will be installed per the City of Modesto’s Standard Specification within the margins of the public right-of-way and will be designed to avoid permanent hazards from a geometric design feature. During construction, the Project will require transport of heavy equipment to the Project location and the use of heavy equipment. Work within public right-of-way requires review and approval of an encroachment permit by the City, which will include a traffic control plan with BMPS such as temporary barriers and detours and will not allow permanent changes to Kiernan Avenue; no new driveways will be constructed with the project.

Therefore, no impacts are anticipated.
12 A Minor Arterial is meant to carry moderate- to high-volume traffic to and from collectors to other Minor Arterials, Principal Arterials, Expressways, and Freeways with a secondary function of land access. Minor Arterials located within areas zoned for heavy or light industrial or that are expected to carry large or heavy trucks shall be constructed to Industrial Major Collector standards (Stanislaus County GP EIR, 2016) 13 A Principal Arterial is to move high volumes of people and goods between urban areas within the County at higher speeds, while still providing access to abutting properties as permitted by the standards for each Principal Arterial class. Principal Arterials serve a similar function to that of Freeways and Expressways and provide access to the interregional freeway system (Stanislaus County GP EIR, 2016).

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d) Result in inadequate emergency access?
RESPONSE:

Less than Significant with Mitigation Incorporated. In the long-term, The Project location will return to pre-project conditions. However, the addition of the fire hydrants will result in a permanent above-ground structures that will change the existing landscape; this is not anticipated to be a significant impact since the fire hydrants will provide additional fire suppression to the surrounding area. There will be no impact on vehicular access near the Project Alignment or in the Local Vicinity.

However, potential for delay within the Local Vicinity during Project construction is likely, since equipment will temporarily block access, although continuous access will be maintained to developed properties throughout the duration of construction with the implementation of the City’s Standard Specifications. Therefore, throughout Project construction, the Project contractor will implement a traffic control plan pursuant to Mitigation Measure MM TRAF-01:

Traffic Control Plan. The traffic control plan will be available to first responders including Modesto Police Department, Stanislaus Sherrif’s Department, Stanislaus Consolidated Fire Protection District, and Modesto Fire Department throughout construction activities.

As a result, the Project anticipates less than significant impacts due to the implementation of Mitigation Measure MM TRAF-01: Traffic Control Plan.

MITIGATION MEASURES
MM TRAF-01: Traffic Control Plan- The City of Modesto Engineering Department shall approve a Traffic Control Plan prepared by a licensed traffic engineer, for all project-affected roadways and intersections prior to mobilization of the Project. The Traffic Control Plan shall comply with requirements in encroachment permits issued by Stanislaus County, City of Modesto and Caltrans. The Traffic Control Plan shall be implemented the contractor continuously during construction and shall include, but not be limited to, the following measures from CALTRANS, Stanislaus County, and the City of Modesto:

City of Modesto:

1. Public Notification: Two weeks, one week and 24 hours prior to beginning any work in an area or the project, provide written public notice to all residents, businesses, churches, property owners, tenants, and applicable parties adjacent to and within a 1/4-mile radius of the project area (Pursuant to Modesto Standard Specification No. 12.04 Traffic Control Requirements);

2. Right-of-way Lane Access: A minimum of one 11-foot-wide lane shall be open in each direction at non intersections, and a minimum of one 11-foot-wide lane for each striped movement at an intersection, for traffic during working hours, unless otherwise described by the Contract Documents (Pursuant to Modesto Standard Specification No.

12.04 Traffic Control Requirements)

3. Work Schedule: Normal work schedule is limited to the hours of 7:00 a.m. to 3:30 p.m. outside of the full path of the traveled way. Normal work schedule is limited to the hours of 8:30 a.m. to 3:30 p.m. when any work by the Contractor is within the traveled way, unless otherwise described by the Contract Documents (Pursuant to Modesto Standard Specification No. 12.04 Traffic Control Requirements)

4. Private Driveways: Notify the owner of the private driveway fifteen (15) calendar days prior to implementing the Traffic Control Plan (Pursuant to Modesto Standard Specification No. 12.04 Traffic Control Requirements);

5. Trenches: Backfill all trenches at the end of each workday (Pursuant to Modesto Standard Specification No. 12.04 Traffic Control Requirements);

6. Aggregate base: Provide aggregate base and compact all areas within the roadway and shoulder (Pursuant to Modesto Standard Specification No. 12.04 Traffic Control Requirements);

7. Temporary Paving & Delineators: Provide temporary paving and temporary delineators or striping at the end of each workday (Pursuant to Modesto Standard Specification No. 12.04 Traffic Control Requirements);

8. Schools: Notify schools within ½ mile of the work zone, two weeks, one week and 24 hours before implementing the approved Traffic Control Plan in the vicinity of the school;

9. Signs: Post “No Parking, Tow Away” signs on barricades along the roadway at least 48 hours prior to the construction work in that area;
City of Modesto’s BMPs are based on CATRANS standards and traffic control measures outlined within the CALTRANS Manual on Uniform Traffic Control Devices (CAMUTCD, 2014 Edition).

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MM TRAF-02: Encroachment Permit- Prior to the issuance of permits and active Project construction, the City’s Engineering and Utilities Departments in coordination with Stanislaus County and CALTRANS, must obtain an approved encroachment permit for work within the public right-of-way with plans showing no new driveways along Kiernan. Throughout Project construction, the Project contractor will be responsible for the enforcement of the encroachment permit.

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18. TRIBAL CULTURAL RESOURCES
Issues

Potentially
Significant Impact
Less than Significant
Impact with
Mitigation
Incorporated
Less than Significant
Impact No Impact
XVIII. TRIBAL CULTURAL RESOURCES.
a) Would the Project cause a
substantial adverse change in
the significance of a tribal
cultural resource, defined in
Public Resources Code §
21074 as either a site,
feature, place, cultural
landscape that is
geographically defined in
terms of the size and scope of
the landscape, sacred place,
or object with cultural value
to a California Native
American tribe, and that is:
i. Listed or eligible for
listing in the California
Register of Historical
Resources, or in a local
register of historical
resources as defined in
Public Resources Code
section 5020.1(k), or
ii. A resource determined
by the lead agency, in its
discretion and
supported by
substantial evidence, to
be significant pursuant
to criteria set forth in
subdivision (c) of Public
Resources Code §
5024.1. In applying the
criteria set forth in
subdivision (c) of Public
Resource Code §
5024.1, the lead agency
shall consider the
significance of the
resource to a California
Native American tribe.