Agenda packet, first session — Modesto City Council, November 4, 2025 (part 4 of 4)

allows for the use of the latest technologies, materials and methods allowed by the State of California and the International Code Community.

FISCAL IMPACT:

No fiscal impact is anticipated.

COMMITTEE RECOMMENDATION:

On October 13, 2025, this item was presented to the Safety and Communities Committee, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion introducing and waiving the first reading of an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code.

Approved by:

Kevin Wise, Fire Chief
Joseph P. Lopez, City Manager
Attachments

1. Ordinance Adopting the 2025 California Fire Code

2. Redline Changes to Chapter 1 of Title 3 of the Modesto Municipal Code #13..
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1 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
ORDINANCE NO. -C.S.

AN ORDINANCE REPEALING AND REPLACING CHAPTER 1 OF TITLE 3 OF THE MODESTO MUNICIPAL CODE AMENDING THE CITY’S FIRE CODE TO ADOPT THE 2025 CALIFORNIA FIRE CODE
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the Commission), or at a later date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions of the California Building Standards Code to make such changes in such provisions as the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making changes pursuant to Health and Safety Code Section 17958.5, make an express finding that such changes are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings and changes have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and #13..
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2 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.

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

SECTION 1. REPEAL AND REPLACEMENT OF CODE. Chapter 1 of Title 3 of the Modesto Municipal Code is hereby repealed in its entirety and replaced with the following.

Chapter 1. ADOPTION OF THE CALIFORNIA FIRE CODE, 2025 EDITION (Ord. No. 3760-C.S., § 1, effective May 4, 2023 repealed the former ch. 1, articles 1—3, §§ 3-

1.101—3-1.304, and enacted a new ch. 1, as set out herein. The former ch. 1 pertained to adoption of the California Fire Code, 2019 edition, and derived from Ord. No. 3712-C.S., §§1, 2, effective Jan. 2, 2020.; Previously, Ord. 826 N.S., Ord. 160-C.S., Ord. 417-C.S., Ord. 1086-C.S., Ord. 1219-C.S., Ord. 1299-C.S., Ord. 1699-C.S., Ord. 2035-C.S., Ord. 2110-C.S., Ord. 2158- C.S., Ord. 2273-C.S., Ord. 2687-C.S., Ord. 2724-C.S., Ord. 2789-C.S., repealed and reenacted by Ord. 2828-C.S., as amended by Ord. 2905-C.S., Ord. 2950-C.S., Ord. 2976-C.S., Ord. 3003- C.S., Ord. 3055-C.S., Ord. 3143-C.S., § 1, Ord. 3145-C.S., Ord. 3187-C.S., § 1, Ord. 3277-C.S., § 1, Ord. 3378-C.S., § 1, Ord. 3416-C.S., § 1, Ord. 3439-C.S., § 1, effective 6-7-07; Ord. 3466- C.S., § 1, effective 1-3-08; Ord. 3515-C.S., § 1, effective 6-12-09; amended in its entirety by Ord. 3545-C.S., § 1, effective 1-13-11; amended in its entirety by Ord. 3663-C.S., § 1, effective 1-6-17; repealed and replaced by Ord. No. 3712-C.S., §§1, 2, effective 1-2-2020.

Article 1. Fire Code
3-1.101 Findings for Adoption of the California Fire Code, 2025 Edition.

The City Council of the City of Modesto hereby finds and determines: That the International Code Council is a private organization which has been in existence for at least three (3) years. That the California Fire Code, 2025 Edition, published by said organization, is a nationally recognized compilation of proposed rules, regulations, and standards of said organization. That said California Fire Code, 2025 Edition has been printed and published as a code in book form within the meaning of Section 50022.2 et seq. of the Government Code. That one (1) copy of the California Fire Code, 2025 Edition, certified by the City Clerk of the City of Modesto to be a true copy, has been filed for use and examination by the public in the office of the City Clerk of the City of Modesto. Sections of the California Fire Code, 2025 Edition may be referred to by the number used in said published compilation, preceded by the words "California #13..
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3 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
Fire Code Section" or "Fire Code Section", and may also be referred to by additional reference to the Modesto Municipal Code and sections therein pertaining to said California Fire Code, 2025 Edition.

The additional requirements and standards established herein are needed to properly protect the health, safety, and welfare of the existing and future residents and workers of the City of Modesto. Said requirements and standards are reasonably necessary because of local climatic, geological, and topographical conditions, and comply with existing state laws and regulations.

Amendment of the California Fire Code, 2025 Edition, is necessary so as to provide more stringent standards for fire extinguishing systems; fire hazard and hazardous materials controls are necessary to serve the public interest by reducing the risk to life and property of the citizens of Modesto because of the following climatic and topographical local conditions:
(a) Summer weather conditions are very dry, hot and windy causing ordinary combustibles to be easily ignited and fires to be fast spreading;
(b) Very dense fog conditions occur in winter. Reduced visibility causes delays in fire response; (c) Fire response is delayed by railroad tracks which:
(1) Divide the City from northeast between Tully Road and McHenry Avenue to the west side of Ninth Street;
(2) Run parallel to Highway 99 through the City, restricting response at locations where overpasses are not provided;
(3) Run parallel to Yosemite Boulevard restricting access to the airport, Tuolumne Regional Park, and adjacent areas; and
(4) Restrict access at intersections and streets in the areas of Ninth, Tenth, D, and E Streets.
(d) Modesto Irrigation Canal #3 restricts access to the neighborhoods and developments to the north and east of Briggsmore Avenue from Oakdale Road to Claus Road; (e) Fire response is delayed by rivers and creeks which:
(1) Divide the southwest area of the City and City contract areas and restrict access to these areas; and
(2) Divide the City from east to southwest along Scenic Drive.

EFFECTIVE DATE: Month XX, 2025
California Code of Regulations Title 24, Part 9, including Appendix Chapter 4, and Appendix B, BB, C CC, D, F, G, I, K, N, O and Division 1 California Administration and Division II Scope and Administration but deleting Sections 112.1 through 112.4 and adopting Sections 104.1, 104.10, 104.10.1, 104.11 through 104.11.3, 104.4, 104.4.1, 105.6.10, 106, 108.1, 109, 110, 114, 115 , 303, 305, 306, 307, 308.1.6.3, 309, 311, 321, 403.10.5, 503, 510.3, 805, 806, 807, 808, 1103.2, 1106, and chapter 26 as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 2025 Edition, on file in the office of the City Clerk of the City of Modesto is hereby referred to, adopted, and made a part in accordance with, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this chapter and is hereby adopted as the Fire Code of the City of Modesto. (b) These regulations shall be known as the Fire Code of the City of Modesto and may be cited as such or may be cited as the "California Fire Code, 2025 Edition," the "2025 California Fire Code", "the Fire Code", or "this Code."
3-1.103 Repeal of Conflicting Ordinances.

All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or with the 2025 California Fire Code as adopted and amended are hereby repealed.

Article 2. Amendments, Additions and Deletions to the 2025 California Fire Code 3-1.201 Combustible Waste Material.

Section 304.1.3 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Vegetation. When the Fire Code Official determines that total removal of growth is impractical due to the size or environmental factors, approved fuel breaks shall be established. Designated areas shall be cleared of combustible vegetation to establish the fuel breaks.

Abatement of a public nuisance shall be in accordance with Article 6 of Chapter 6 of Title 1 of the Modesto Municipal Code. The Fire Department may impose a nuisance abatement lien pursuant to Section 1-6.702 of the Modesto Municipal Code.

The Fire Department may recover, from a property owner, those costs associated with the suppression costs incurred in fighting a fire and for providing rescue or emergency medical services should a fire occur on said property after the owner has been notified to abate such public nuisance and has failed to do so.
3-1.202 Vehicle Impact Protection.
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5 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
Section 312.2 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Posts. Guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:

1. Constructed of steel not less than six (6) inches in diameter and concrete filled,

2. Spaced not more than three (3) feet between posts on center,

3. Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter,

4. Set with the top of the posts not less than three (3) feet above ground, and

5. Located not less than five (5) feet from the tank.
3-1.203 Fire Protection and Water Supplies.

Section 507.5 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Fire hydrant systems. Fire hydrant systems shall comply with section 507.5.1 through 507.5.6 and Appendix C or by an approved method. Fire hydrants shall be located on the supply side of the fire suppression system check valve and accessible from the apparatus roads in compliance with Section 503.1 and Appendix D. The fire code official my require a looped underground fire service for large projects when deemed necessary.

Section 507.5.1 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Where required. When a portion of the facility or building here after constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Exception: For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 500 feet.

Section 507.5.1.1 of the 2025 California Fire Code is hereby adopted by reference, and amended to read as follows:

Hydrants for Standpipe systems. Buildings equipped with a standpipe system installed in accordance with section 903 shall have a fire hydrant within 75 feet of the fire department connection.

Section 507 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:
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6 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
Spacing. Fire hydrants shall be spaced nominally every 500 liner feet in residential areas and 300 liner feet in commercial or industrial areas and shall comply with city building standards. Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternative or staggered positions so that hydrants will not be directly opposite from each other.

Section 905.3.1 of the 2025 California Fire Code is hereby adopted by reference, with the additional of the following:

Height. Occupancies three or more stories in height shall be provided with a Class 1 standpipe system approved by the Fire Chief. (Except Group R-3 and R-3.1) Garden type apartment complexes may be required to install Class 1 standpipe systems approved by the Fire Chief.

Section 912 of the 2025 California Fire Code is hereby added to read as follows:

A fire hydrant shall be located within 75’ of all required fire department connections.

Fire hydrants serving sprinkler systems shall be located on the City side of the back flow prevention device.
3-1.204 Where Required. - Vacant
3-1.205 Incinerators.

Section 605.7 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Incinerators. The use of incinerators is prohibited inside the city limits.

EXCEPTION: Incinerators used by state licensed facilities for the cremation of human or pet remains.
3-1.206 Open burning, recreational fires, and portable outdoor fireplaces Section 307.1 of the 2025 California Fire Code is hereby adopted by reference, with the following additions and amendments:

General. No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled, conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Pollution Control District and compliance with all safeguards pursuant thereto. Any such permitted burning shall be restricted to agricultural purposes and confined to areas in the city limits in which agricultural uses are lawful or as regulated or prohibited by other municipal codes.

Section 307.4.1 of the 2025 California Fire Code is hereby deleted.

Section 307.4.2 of the 2025 California Fire Code is hereby amended to read as follows:
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7 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
Recreational Fire. Recreational Fire shall be prohibited except for religious ceremonies and shall comply with other regulation or prohibitions of other city municipal codes or uses.

Permit required.

Section 307.4.3 of the 2025 California Fire Code is hereby amended to read as follows:

Portable Outdoor Fireplaces. Shall comply with other regulation or prohibitions of other city municipal codes or uses.

Section 307.5 of the 2025 California Fire Code is hereby amended to read as follows:

Attendance. Open burning or use of portable outdoor fireplaces as used at one and twofamily dwellings shall be constantly attended until the fire extinguished. Not fewer than one portable fire extinguisher complying with section 906 with a 4A minimum rating and a water hose, water truck or medium of dirt/sand shall be immediately available. 3-1.207 Automatic Sprinkler Systems.

Section 903 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:
(a) An approved automatic fire sprinkler system is required in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and occupancy thereof, when any fire area, as defined in the California Fire Code exceeds five thousand (5,000) square feet.
1) Fire area calculations shall include all floors, mezzanine, basements and any attached projections greater than four (4) feet.
2) Structures which are within six (6’) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or a covered walkway, the measured floor area of each shall be aggregated. 3) Buildings three (3) stories or more, irrespective of height; including basements, cellars and or mezzanines.
4) Any Group A occupancy as defined in the California Building Code or modified for Group A use.
5) CFC 901.4.4 may not be exercised to add fire walls to avoid the installation of fire sprinklers in new buildings or to existing buildings during remodel/ addition. (b) Condominium /apartment buildings up to 4 stories may be approved with NFPA 13R fire sprinkler systems with full attic protection. Attic protection shall consist of quickresponse sprinklers spaced throughout the attic in accordance with NFPA 13. Attic hydraulic calculations shall be based on flowing a minimum four sprinklers. Piping in the attic shall be listed steel piping. Listed CPVC piping may be utilized under attic insulation with special application sprinklers installed in accordance with their listing and the manufacturer’s guidelines.
(c) The sprinklers are to have interior warning devices approved by the Fire Chief. (d) Existing buildings and structures shall have approved automatic fire sprinklers installed when any of the following exist:
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8 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
1) When doing a remodel or addition the value of additions, alterations or repairs that exceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building or structure that exceeds five thousand (5,000) square feet.
2) The remodel or addition cause the building to exceed five thousand (5,000) square feet as outlined in this code above.

Nothing in this subsection is intended to provide a lesser degree of protection than that required in the presently adopted version of the California Building Code or provide for a waiver of its provisions unless such provision of this subsection provides for sprinkler protection in an area or areas not required in the building.
3-1.208 Monitoring.- Vacant
3-1.209 Portable Fire Extinguishers.

Section 309 of the 2025 California Fire Code is hereby adopted by reference in addition to the following:

Forklifts. All LPG or natural gas driven equipment which operate inside shall have a minimum 1A:10BC fire extinguisher mounted to the equipment and shall comply with Section 906.

Section 3504.2.6 of the 2025 California Fire Code is hereby adopted by reference and amended to read as follows:

Portable Fire Extinguishers. Not less than one portable fire extinguisher complying with section 906 and with a minimum 2-A:20BC rating shall be provided with ready access within 30 feet of the location where the hot works is being performed and without climbing stairs.
3-1.210 Fire Alarm and Detection Systems.

Section 907 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:
(a) All new fire alarm/ monitoring systems shall be UL certified for which permits are required, on or after 1/1/2020.
(b) Any existing fire alarm system in a commercial occupancy wherein the fire alarm control panel and alarm system components require replacement, shall be considered newly installed for the purposes of this section and shall require the system to be UL certified on or after 1/1/2026.
(c) When UL certification is required by this code, it shall be maintained for commercial fire alarm/monitoring systems throughout the life of the alarmed/monitored building. (d) Central Station Service in accordance with NFPA 72 is required on all fire alarm/ monitoring systems, existing or new
Exception. Supervisory service is not required for:
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9 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
i) Automatic sprinkler systems in one and two-family dwellings. 3-1.211 False Fire Alarms.

Section 907 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

False Fire Alarms. False fire alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted. The City Council may adopt by resolution reasonable fees to recover the costs associated with responses to buildings or structures that have excessive false fire alarms. Excessive false alarms shall be defined as more than three (3) false alarms in twelve (12) consecutive months.
3-1.212 Hazardous Materials Occupancies.

Section 5001.2 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Definition: Hazardous materials are those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 50, or as defined in the California Health and Safety Code, Division 20, Chapter 6.95, commencing with Section 25500, whether the materials are in useable or waste condition.

NFPA 704 placards shall be required on all commercial buildings/structures with hazardous materials as required by the Fire Chief.
3-1.213 Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.

Section 5003.3.1.4 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Responsibility for Cleanup. The person, firm or corporation responsible for an unauthorized discharge shall initiate and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire Code Official, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge.

The remedy provided by this section shall be in addition to any other remedies provided by law.

For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department. 3-1.214 Stationary Containers.
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10 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
Section 5504.3.1.1.3 of the 2025 California Fire Code is adopted by reference, in addition to the following:

Location. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law. All R-1, R-2 and R-3 zoning designations as identified in Title 10 of the Modesto Municipal Code. 3-1.215 Possession, Manufacture, Sale, Use or Discharge of Dangerous Fireworks.

Section 5604 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Dangerous Fireworks (a) For purposes of this section, dangerous fireworks are those fireworks specified as such in the State Fireworks Law, Section 12505 of the California Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire Marshal. (b) It shall be unlawful for any person to possess, manufacture, sell, use or discharge dangerous fireworks, or a dangerous firework kit, unless a permit authorizing such possession, sale, manufacture, use or discharge has been issued by the Fire Code Official to the person or responsible party, as is defined in Section 3-1.304 of the Modesto Municipal Code, using, selling, manufacturing, discharging or found in possession of said fireworks or kits, and unless such person is in possession of a valid pyrotechnic operator's license issued by the Office of the State Fire Marshal. The Fire Code Official may establish reasonable rules and regulations for governing issuance of a firework permit and may issue the same subject to payment of a fee as established by the City Council from time to time.
(c) The Fire Code Official, or designee, shall seize, take, remove or cause to be removed, at the expense of the owner, all dangerous fireworks offered or exposed for sale, stored, or possessed in violation of this chapter.
3-1.216 Explosive Materials Prohibited and Limited Acts.

Section 5605.1 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Exceptions:

4. Manufacturing. Explosive materials shall not be manufactured within the city limits of Modesto.

5. Limits Established by Law. The storage of explosives and blasting agents is restricted to those areas of the City zoned as Heavy Industrial Zone (M-2). 3-1.217 Manufacturing of Fireworks.

Section 5605 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:
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11 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
Manufacturing. The manufacturing of fireworks is prohibited within the city limits of Modesto.
3-1.218 Sales of Fireworks.

Section 5608 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Sales. It shall be unlawful to engage in the sale of "Safe and Sane" fireworks in the City of Modesto without first having secured a permit to do so. (a) Effective 2005, the total number of sales permits issued in any given year shall be limited to seventy (70).
(b) Sales permits for the sale of "Safe and Sane" fireworks in the City of Modesto shall be issued only to local nonprofit organizations and existing local for-profit organizations as defined herein.
(1) A "nonprofit organization" shall mean any nonprofit association, club, or corporation organized for veteran, patriotic, welfare, religious, civic betterment, youth or charitable purposes, as defined by Section 501(c) of the Internal Revenue Code of the United States, or affiliated with a public, private, or charter school located within the city limits of Modesto. Each new organization shall provide the City with a copy of their "Letters of Incorporation" as proof of their nonprofit status. Existing organizations shall submit verification of current corporation status from the State of California Secretary of State's Office. Those organizations that are an integral part of a recognized national organization having tax exempt status must provide IRS written verification of such status. All applications will be subject to additional verification with the State of California and IRS if nonprofit status comes into question. (2) Public school organizations shall provide current written verification of affiliation from the school each year.
(3) A "local nonprofit organization" must have its principal and permanent meeting place in the City of Modesto or within the City of Modesto sphere of influence. The organization must have obtained nonprofit status and have been organized and established in the City of Modesto for a minimum of one (1) continuous year preceding the filing of the application for permit. The organization must also have a bona fide membership. Applications shall be signed by two (2) bona fide officers of the eligible organization, wherein the officer, on behalf of the organization and its agents, agrees to abide by State laws, administrative regulations, and all stipulations of this Code and the permit if permission to operate a fireworks stand is granted to the organization. (4) An "existing local for-profit organization" must have a permitted fixed business location in the City of Modesto, have been issued a fireworks sales permit the previous year, have remained under the same management and/or ownership continuously since 1999, and have paid all business license and mill tax fees due the City of Modesto by the close of the application period. In the event mill taxes and business license fees are not current the organization's application will be denied. #13..
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12 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
(5) If any of the above items fail to be met at the time of application, the organization's application shall be denied.
(c) Sales permits for retail sales of California State Fire Marshall approved "Safe and Sane" fireworks in the City of Modesto issued pursuant to provision of this Code are not transferable by the holder of the permit. The sales permits may be used only by the organization to which they are issued. Violations will result in the immediate loss of the organization's sales permit.
(d) All applications for sales permits shall be in writing to the Fire Code Official on forms supplied by the City. Applications may only be filed during normal business hours from April 1st of each year up to and including April 30th of the same year, at which time the filing period for that year will close. A separate sales permit shall be required for each proposed location of a fireworks stand.

Each organization may file an application for one (1) sales permit for which there is only one (1) tax ID number.
(e) Applications shall set forth the proposed location of the fireworks stand including the nine (9) digit parcel number (APN) of the Stanislaus County Assessor, a site map, and other information as may be required by the Fire Code Official. (f) Applicants for sales permits shall be notified by June 15th of each year by the Fire Code Official of approval or disapproval of such application. Sales permits will be issued after final inspection of the stand reveals compliance with all state and local regulations. Organizations shall not open for sales prior to the final inspection of their stand. If an organization's stand fails to pass inspection there will be a re-inspection fee charged for the third (3rd) inspection, and each inspection thereafter until final inspection is approved, as established by Resolution No. 03-446. (g) Every application shall be accompanied by proof of insurance as specified in Section 3-

1.22(3). Other items required at the time of application will be the organization's verification of eligibility as stated in 2(A) above, list of bona fide members, and current written permission signed by the property owner of record (with respect to lessee permission, approval shall be in the sole discretion of the Fire Code Official to sell fireworks at that location. Organizations representing public schools, as stated in 2(B) above, require written verification from the school of their affiliation. (h) Every application shall be accompanied by a nonrefundable application fee as established by resolution of the City Council from time to time. This application fee shall be in addition to any fees or taxes imposed by Title 6 of the Modesto Municipal Code.
(i) Any local nonprofit organization as defined herein may make application for a sale permit but pre-approved (continuously permitted since 1999) organizations will have first option for a permit.
(1) When additional sales permits are authorized and all current pre-approved organizations have applied for such permits, a lottery will be held to fill any vacancies. #13..
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13 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
(2) This lottery will be held fourteen (14) days after the last day of the filing period specified in paragraph 4 and will include the names of all new local nonprofit organizations that have filed a complete application within the said filing period. If the fourteenth (14th) day falls on a weekend the lottery will be held on the next business day.
(3) One (1) organization will be drawn for each available vacancy. If the organization whose name is drawn declines the permit, another name will be drawn until each vacancy is filled.
(4) Any organization having an approved application that fails to open their stand for that sales year will automatically forfeit their permit and a new organization will be chosen the following year provided a permit is available. (j) A nonprofit organization may apply for a sales permit with regard to a stand located in an area annexed by the City of Modesto under the following conditions:
(1) Two (2) consecutive years prior to annexation, the applicant was issued a sales permit, by the City or County in which the property was formerly located, and applicant presents proof of the issuance of said permits; (2) The applicant has received a valid City of Modesto business license; and (3) The organization must either:
(i) Meet the criteria of set forth in Section 33-1.223(2) (A) or (ii) Present documentary evidence establishing its primary meeting for a minimum of two (2) years preceding application to City of Modesto was at the location for which the sales permit is currently sought.
(iii) Annexed property that was previously used for a temporary booth by an organization whose current primary meeting place is outside the city limits of Modesto is not eligible to make application for a sales permit.

Permits issued to these organizations will be issued without the necessity of being selected by lottery, even though such issuance may increase the number of permits to more than allowed herein. The addition of these organizations does not change the original intent to issue a total of seventy (70) sales permits per year.
3-1.219 Sales, Storage, Use, and Handling of Fireworks.

Section 5608 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

General. Sales, storage, use, and handling of fireworks shall be in accordance with this chapter.

EFFECTIVE DATE: Month XX, 2025
offered for sale from 12:00 noon to 10:00 p.m. on June 28, 9:00 a.m. to 10:00 p.m. on June 29 through July 5, and 9:00 a.m. to 12:00 noon on July 6.

The storage of fireworks within the City of Modesto is limited to State of California Fire Marshal-approved and labeled "Safe and Sane" fireworks by State of California licensed wholesalers and retailers.
(a) Wholesale Storage. Wholesalers may store California State Fire Marshall approved "Safe and Sane" fireworks within the City of Modesto solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with H3 occupancy classification requirements as defined by the 2025 California Building Code. (b) Retailers Storage. Retailers may store California State Fire Marshall approved "Safe and Sane" fireworks within the City of Modesto solely during the period of June 22 through July 15 of each year. "Safe and Sane" fireworks that are not being sold or displayed with the intent to sell, shall be stored solely in the following manner:
(1) Within the permitted fireworks stand with a responsible adult on the premises at all times.
(2) In a completely enclosed and locked utility type trailer constructed of one-fourth (1/4) inch plywood or other approved noncombustible material. (3) In a completely detached garage on residential property with a minimum ten (10) feet clearance from other structures or property lines. There shall be no open-flame or spark producing equipment, or Class 1 flammable liquids stored or used within the garage.
(4) Fireworks shall not be stored within forty (40) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate fifty (50) or more persons. (5) In an approved and permitted fireworks warehouse.

2. Operator Safety. Each year, one (1) or more representatives from each organization, that is granted a permit to sell fireworks, shall attend a stand operator safety seminar conducted by the City of Modesto Fire Department and the fireworks industry. Failure to attend the seminar shall result in the revocation of the organization's permit to sale fireworks for that calendar year.

3. Temporary Fireworks Stands.
(a) All retail sales of California State Fire Marshall approved "Safe and Sane" fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited.
(b) City Business License, Fire Department Permit and State License shall be displayed in the fireworks stand during hours of operation.
(c) Temporary fireworks stand shall not be set up before application for permit has been approved no earlier than June 14.
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EFFECTIVE DATE: Month XX, 2025
(d) The fireworks stands shall be located at least twenty (20) feet from other structures. (e) Zoning of property, in which the fireworks stand will be located, shall be in accordance with Section 10-2.2330 of the Modesto Municipal Code. (f) Fireworks shall not be stored, sold, offered for sale, or discharged within one hundred (100) feet of a location where gasoline, LPG, other class 1 flammable liquids or flammable gasses are stored or dispensed.
(g) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on the 6th day of July.
(h) The fireworks stand shall be removed from the temporary location by 12:00 noon on the 12th day of July, and all accompanying litter shall be cleared from said location by said time and date.
(i) A penalty of one hundred dollars ($100.00) per day will be assessed to the permittee of any fireworks stand not removed by 12:00 noon on the 12th day of July.

4. Safety Precautions.
(a) No person under the age of eighteen (18) shall sell, or handle for sale, any classification of fireworks.
(b) No person under the age of eighteen (18) shall purchase or be allowed to purchase any classification of fireworks.
(c) Smoking, open-flame, and spark-producing equipment shall be prohibited for a distance of twenty (20) feet around any fireworks stand. (d) Dry grass, weeds, trash, and other combustible material shall be removed for a distance of twenty (20) feet around any fireworks stand. (e) Fireworks shall not be discharged within fifty (50) feet of a fireworks stand.

5. Stand Construction.
(a) Merchandise may be displayed in approved glass enclosed counters or showcases, or (b) Merchandise may be displayed in stands constructed in the following manner:
(1) Walls and roof shall be of plywood at least one-fourth (1/4) inches thick or of an approved noncombustible material.
(2) The stand shall be provided with a roof.
(3) Walls shall extend to a minimum height of six (6) feet eight (8) inches, on at least three (3) sides. These three (3) sides shall be without openings, except for an exit door. (4) An exit door with a minimum size of twenty-four (24) inches in width and six (6) feet in height shall be provided in each stand. Exits shall be maintained clear and unobstructed at all times.
(5) The front wall of the stand shall provide a physical barrier not less than eighteen (18) inches in height between the public and the merchandise on display. #13..
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EFFECTIVE DATE: Month XX, 2025
(6) Approved "NO SMOKING" signs shall be prominently displayed in and on the stand.
(7) Approved "NO SALES TO PERSONS UNDER THE AGE OF 18" signs shall be prominently displayed in the stand.
(8) An approved fire extinguisher having a minimum classification of 2A10BC shall be located in the stand, near the exit and readily accessible. (9) Sellers of fireworks shall comply with all rules and regulations of Title 19 of the California Code of Regulations and with the rules and regulations of the Fire Code Official.
(10) Stands will be limited to twenty-four (24) feet by eight (8) feet or one hundred ninety-two (192) square feet in size. Pre-existing stands as identified by the fireworks suppliers shall retain the right to operate their oversized stands, without change, until said stand or organization forfeits or loses their operating permit. A copy of said list shall remain on file with the Fire Code Official.

6. Operation of Fireworks Stand Only by Permittee.
(a) It is unlawful for the permittee organization to allow any person or entity other than the permittee organization to operate the fireworks stand for which the permit is issued, whether by agreement, assignment or otherwise, or to otherwise participate in the profits of the operation of such fireworks stand. Violations will result in the immediate loss of the organization's permit.
(b) It is unlawful for a non-profit organization to allow any person other than the individuals who are members of the permittee organization, their spouses or adult children, or volunteers to whom no compensation is paid, to sell or otherwise participate in the sale of fireworks at such fireworks stand. (c) It is unlawful for a non-profit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such fireworks stand, except the hiring of a night watchman or security officer. 3-1.220 Revocation of Permit and Seizure of Fireworks.

Section 5608 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:
(a) Revocation of Fireworks Sales Permit. The Fire Code Official, or his/her designee, may revoke, immediately and without notice or hearing, the "Safe and Sane" fireworks sales permit of any location or organization when any of the provisions of Sections 3-1.220, 3-

1.221, or 3-1.223 are violated. The Fire Code Official shall inform the permittee that permittee may seek review of the Fire Code Official's decision, by the City Manager, on the next business day. At the earliest opportunity on the next business day after revocation, the Fire Code Official shall provide the City Manager with written notice that a fireworks sales permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. If requested by the permittee, the City Manager, or his/her designee, #13..
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17 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
shall meet with the permittee and the Fire Code Official, or his/her designee, that day to review the Fire Code Official's decision. The decision of the City Manager shall be final.

Revocation of any sales permit will be effective for that calendar year. 3-1.221 Fireworks Displays Insurance Required.

Section 5608 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Insurance.
(a) The permittee shall furnish a certificate of insurance for each policy required, executed by the company issuing such policy, and approved as to form by the Risk Manager.

Such policies shall contain a provision which holds the City as an additional insured and declaring said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Notwithstanding any other provision of this section, the failure of the permittee to carry such insurance during the time covered by such permit shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. A payment of one hundred and two dollars ($102.00) shall be made to the City before any such revoked permit may be reinstated.
(b) The permittee/licensee shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
(1) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of five hundred thousand dollars ($500,000).
(2) General Liability insurance with a minimum limit of liability per occurrence of five million dollars ($5,000,000) for bodily injury and five hundred thousand ($500,000) for property damage. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to:
premises and operations; broad form contractual; independent permittee/licensees and subcontractors; products and completed operations; and professional liability. (3) Automobile Liability insurance with a minimum limit of liability per occurrence of one million dollars ($1,000,000) for bodily injury and one hundred thousand ($100,000) for property damage or one million ($1,000,000) combined single limit.

This insurance shall cover any automobile for bodily injury and property damage. 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 permittee/licensee shall promptly obtain a new policy, submit the same to the Risk #13..
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18 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the permittee/licensee to furnish, deliver or maintain such insurance and certificates as above provided, the permit/license is automatically revoked. Failure of the permittee/licensee to obtain and/or maintain any required insurance shall not relieve the permittee/licensee from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the permittee/licensee 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 and Professional Liability.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers. The permittee/licensee's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The permittee/licensee must deliver certificates evidencing existence of the insurance listed above to the Finance Director at the time the permit is granted.

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

For any claims related to a permit, the permittee/licensees insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the permittee/licensee's insurance and shall not contribute with it.
(c ) The permittee/licensee shall agree to hold the City of Modesto, its agents, officers, employees, and volunteers harmless from and save, defend, and indemnify them against any and all claims, losses, liabilities, and from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney fees and all costs and expenses arising directly or indirectly out of any act or omission of permittee arising out of any activity authorized by the permit. (d) The permittee/licensee shall provide at its own expense and maintain at all times the specified insurance policies with insurance companies approved by the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Finance Director of the City by registered mail, return receipt requested.
3-1.222 Storage of Flammable and Combustible Liquids in Tanks.

Section 5704 of the 2025 California Fire Code is hereby adopted by reference. #13..
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EFFECTIVE DATE: Month XX, 2025
Section 5704.2.9.5 of the 2025 California Fire Code is amended to include the following:

Above-ground Tanks Inside of Buildings. The storage of Class I, II, and III A/B flammable and combustible liquids in aboveground tanks inside of buildings shall be in an approved double walled/protected tank. The tank shall be approved by the Fire Chief and installed per the CFC/NFPA.

Section 5704.2.9.6.1 of the 2025 California Fire Code is amended to read as follows:

The provisions of this section shall not apply to facilities for the production, generation, or transmission of electric energy that provide power to entities furnishing retail electrical services to the general public within the city of Modesto.

The storage of Class I, II and III A/B flammable and combustible liquids in aboveground tanks outside a building is prohibited. Exception: Protected/ double walled aboveground tanks shall be approved by the Fire Chief. Aboveground tanks shall be installed per the CFC/NFPA.
3-1.223 Storage of Flammable and Combustible Liquids.

Section 5706 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Locations Where Above-Ground Tanks are Prohibited. The storage of Class I and II liquids in above-ground tanks is prohibited within the limits established by law as the limits of districts in which such storage is prohibited. All R-1, R-2 and R-3 zoning designations as identified in Title 10 of the Modesto Municipal Code.
3-1.224 Bulk Plants Storage of Flammable and Combustible Liquids.

Section 5706.4 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Bulk Plants. Portions of properties where flammable and combustible liquids are received by tank vessels, pipelines, tank cars or tank vehicles and are stored or blended in bulk for the purpose of distributing such liquids by tank vessels, pipelines, tank cars, tank vehicles or containers shall be in accordance with Section 5706.4.1 through 5706.4.10.4 of the 2025 California Fire Code.

The construction of new bulk plants for storage of flammable or combustible liquids is restricted to areas of the city of Modesto zoned Heavy Industrial Zones (M-2). All existing nonconforming bulk plants for storage of flammable or combustible liquids which substantially comply with the requirements of this Code may be continued in use if a permit therefore shall be granted by the Fire Code Official.
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20 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
Section 105.5.18(3) of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

To store, handle or use Class II, Class III-A and Class III-B liquids in excess of twentyfive (25) gallons in a building or in excess of fifty-five (55) gallons outside a building. 3-1.225 Bulk Transfer and Process Transfer Operations.

Section 5706.5 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Bulk Transfer and Process Transfer Operations. Bulk transfer and process transfer operations shall be in approved locations. Tank cars shall be unloaded only on private sidings or railroad siding facilities equipped for transferring flammable or combustible liquids. Tank vehicle and tank car transfer facilities shall be separated from buildings, aboveground tanks, combustible materials, property lines, streets, alleys or public ways by a distance of twenty (25) feet (7620 mm) for Class I liquids and fifteen (15) feet (4572 mm) for Class II and III liquids measured from the nearest position of any loading or unloading valve.

Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than twenty-four (24) hours while connected for transfer operations.

Section 5706.5.1.1 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Tank Vehicles delivering to or receiving from flammable and combustible liquid tanks shall stand entirely on private property. Dispensing into any Tank Truck cargo tank with service station dispensing facilities is prohibited.
3-1.226 Permits for Liquified Petroleum Gases.

Section 6101.2 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Permit(s) shall be required as set forth in Sections 105.5 and 105.6.

EXCEPTION:

1. Residential occupancies. Containers shall not exceed five (5) gallons water capacity used for “barbecue” cooking, when used and stored outside of buildings.

2. Approved containers not exceeding sixteen and four-tenths (16.4) ounces when displayed for sale in mercantile occupancies.

3. Factory installed containers for recreational vehicles not exceeding ten (10) gallon water capacity.

4. Factory installed tanks that are permanently attached to recreational vehicles.

Distributors shall not fill an LP-gas container for which a permit is required unless the Fire Code Official has issued a permit for installation at the location. #13..
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21 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
3-1.227 Access
Section 504.1 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

For commercial projects the clear walkway shall have the minimum following: 32 inch gate in fences and a 36 inch clear path. The clear path may be grass, soil or solid surface.

Section 503.2.3 of the California Fire Code is hereby adopted by reference, in addition to the following:

All weather shall be concrete or asphalt only.

Section 506 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:
(a) All commercial projects (new, remodel, addition and change of occupancy, or occupancy inspection) in the City may be required to provide a Knox Box (key box). A Knox Box capable of containing Material Data Safety Sheets (MSDS) sheets and Hazardous Materials plans will be required at commercial sites with significant amounts of hazardous materials. The Fire Chief may require additional Knox Boxes and padlocks to large buildings or projects.
3-1.228 Premise Identification
Section 505.1 of the 2025 California Fire Code is adopted by reference, in addition to the following:

Residential numbers shall be illuminated from dusk to dawn.

New commercial buildings, commercial buildings undergoing occupancy change and commercial buildings undergoing renovation shall have a minimum of 6 inch Arabic numerals or alphabet letters indicating the building’s street address. The numerals and letters are to have a 3/4 inch stroke and contrast with their background. The address shall be internally or externally illuminated from dusk until dawn. The address shall face the street or road fronting the property. Buildings which set back from the road or street over 100 feet may be required to have larger numerals/letters as required by the Fire Chief. Rear addresses may be required due to property configuration. 3-1.229 Electric Disconnects and Photovoltaic (PV) Systems Section 603.4.1 of the California Fire Code is hereby adopted by reference, in addition to the following:

The main electrical service to any commercial building must be accessible for emergency shut-off from the outside of the building. This may be accomplished by providing a (one) main disconnect or a shunt trip device. If a generator system activates automatically when the shunt trip or main disconnect is shut down, a control to stop the generator must be located with the main disconnect or shunt trip.

Photovoltaic (PV) power disconnects shall be located with the main electrical #13..
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EFFECTIVE DATE: Month XX, 2025
disconnect. Shunt trips or main disconnects, PV and generator controls shall be identified by signs approved by the Fire Chief. All disconnects shall not be separated by obstruction or fences. Exception: Electrical control room with a marked door that is accessible from the outside of the building.
3-1.230 Heating Appliances
Section 605.5 of the California Fire Code is hereby adopted by reference, in addition to the following:

Portable, unvented heating appliances which produce carbon monoxide (CO) shall not be used in occupied buildings. Exception: When approved, listed portable unvented oil burning heating appliances may be used in any occupancy during construction when such use is necessary for the construction and does not represent a hazard to life or property.
3-1.231 Spray Booth
Section 2401.1 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:
(e) Flammable spraying, combustible spraying, bedliner spraying and powder coating operations shall be conducted in a listed spray booth. Existing operations to be upgraded at change of occupancy.

Section 2402 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Spray booth is a listed mechanically ventilated appliance of varying dimensions and construction provided to enclose or accommodate a spraying operation and to confine and limit the escape of spray vapor and residue and to exhaust it safely. 3-1.232-Heating and Cooking Equipment
Section 5705.3.3 of the California Fire Code is hereby adopted by reference, in addition to the following:

Heating, lighting or cooking appliances which utilize Class I, II or III liquids shall not be operated within a building or structure within the city limits. 3-1.233 Liquified Petroleum Gas Restrictions
Section 6103 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Prohibited. LP-gas installations pertinent to systems are not permitted in any residential (R) zones regardless of water capacity.

Section 6104.2 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:
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23 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed 2,000 gallon water capacity.

The storage of liquefied petroleum gases is restricted to those areas of the City zoned Commercial-Industrial zone; M-1 and M-2 Industrial zones and in addition thereto to properties used as Automotive Service Stations located in the areas of the City zoned for commercial use.

Whenever the Fire Chief, in his discretion, determines the storage of liquefied petroleum gases is necessary in other areas, the aggregate capacity of any such installation shall not exceed 2,000 gallon water capacity, except that in particular installations this capacity limit may be altered at the discretion of the Fire Chief, after consideration of special features such as topographical condition, nature of occupancy and proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided and facilities of the local Fire Department. The storage of liquefied petroleum gas shall conform to the provisions of the local zoning ordinance. 3-1.234 Requirement for Outdoor Operation
Section 1106 of the California Fire Code is hereby adopted by reference, in addition to the following:

Pallet Storage, Manufacturing and/or Recycling Facilities shall be maintained in accordance with Section 2810 of the California Fire Code. 3-1.235 Appendix D
Appendix D Section D101.1 of the California Fire Code is hereby adopted by reference, in addition to the following:

Appendix D shall only be enforced on private roadways, property and streets not public roadways.

Appendix D Section D103.5(1) of the California Fire Code is hereby adopted by reference, in addition to the following:

Where a fire apparatus road consists of a divided roadway, the gate width shall not be less than 15 feet.

Appendix D Section D103.5(5) of the California Fire Code is hereby adopted by reference, in addition to the following:

Electric gates shall be operable by means of a Knox key switch accessible by both police and fire. Electric gates at housing complexes, gated communities or rental storage facilities shall also be dual equipped with Opticom strobe light system or as required by the Fire Chief. All Gate shall automatically open upon power failure.

Appendix D Section D103.5(6) of the California Fire Code is hereby adopted by reference, in addition to the following:
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EFFECTIVE DATE: Month XX, 2025
Manual opening access gates may not be locked with a chain and padlock unless a Knox padlock is installed in the chain. Dual keyed access for the Police Department shall be required.

ARTICLE 3. ADMINISTRATION
3-1.301 Fees and Related Fees.
(a) Permit Fee. The Council of the City of Modesto may, by resolution adopted from time to time, fix a fee for any permit issued pursuant to the Fire Code. (b) Plan Check Fee. When the valuation of proposed construction exceeds one thousand dollars ($1,000.00), or a plan is required to be submitted, a plan checking fee shall be paid at the time of submitting plans and specifications for checking.

Where plans are incomplete or changed so as to require an additional plan check, an additional plan check fee shall be charged. The Council of the City of Modesto may, by resolution adopted from time to time, fix a fee for plan checking.

Sections 108.1 and 108.5 of the 2025 California Fire Code is hereby adopted by reference. 3-1.302 Appeals.

Applicant may appeal the decision of the Fire Code Official to the City Council within thirty (30) days from the date of the decision being appealed whenever the Fire Code Official:

1. Disapproves an application for use of alternate materials, methods and/or types of construction,

2. Disapproves an application for permit or refuses to grant a permit applied for,

3. When it is claimed that the provisions of the code do not apply, or

4. When it is claimed that the true intent and meaning of the code have been misconstrued or wrongly interpreted.
3-1.303 Administrative Penalties, Remedies, and Social Host Liability.

Illegal fireworks pose a danger to life and property and are offensive to the public peace and morals of the community. The City Council hereby declares the possession, manufacture, sale, use or discharge of dangerous and illegal fireworks to be a public nuisance. Such nuisance may be abated in the manner set forth in the Modesto Municipal Code and provided by law for the abatement of public nuisances.

EFFECTIVE DATE: Month XX, 2025
found to be in violation of that section. For violations of Section 3-1.215, possession, use, or discharge of dangerous fireworks, the administrative penalty shall be two thousand dollars ($2,000.00) for the first violation, three thousand dollars ($3,000.00) for a second violation within any thirty-six-month period, and four thousand dollars ($4,000.00) for any subsequent violations within any thirty-six-month period. (b) For all violations of this chapter, other than Section 3-1.215 possession, manufacture, sale, use or discharge of dangerous fireworks, the amount of the administrative penalty shall be five hundred dollars ($500.00) for the first violation, one thousand ($1,000.00) for a second violation within any twelve-month period, and one thousand five hundred ($1,500.00) for any subsequent violations within any twelve-month period. (c) For the purposes of this chapter, the term "responsible party" means any person or persons with the right of possession of the residence or other private property at which dangerous fireworks are possessed, manufactured, sold, used or discharged, including but not limited to:
(1) Any owner of the residence or other private property who occupies the residence or private property (hereinafter "owner-occupant"), meaning the record owner of real property as listed in the most current equalized assessment roll as maintained by the Stanislaus County Assessor at the time of the possession, manufacture, sale, storage, use or discharge of dangerous fireworks;
(2) Any owner-occupant, lessee, licensee, or other person having control over a property, structure or parcel of land at the time of the possession, manufacture, sale, storage, use or discharge of dangerous fireworks;
(3) Any person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering where dangerous fireworks are possessed, manufactured, sold, used or discharged; (d) Responsibility for Proper Property Management. Every owner, occupant, lessee, tenant, or holder of any possessory interest of a residence or other private property within the City is required to maintain, manage and supervise property and all persons thereon in a manner so as not to violate the provisions of this chapter. A responsible party need not be present at the time dangerous fireworks are possessed, manufactured, sold, used or discharged in order for the City to issue an administrative citation under this section. (e) Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code.
3-1.304 Third-Party Administrative Citations.
(a) Whenever two or more private, adult persons observe a violation of Section 3-1.215 of the Modesto Municipal Code pertaining to possession, manufacture, sale, use or discharge of dangerous fireworks, they may request that an administrative citation be issued to a responsible party by an enforcement officer. The private persons will be required to sign an affidavit under penalty of perjury verifying that they personally observed a violation of Section 3-1.215, and may be required to testify at an administrative hearing as provided in #13..
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EFFECTIVE DATE: Month XX, 2025
the Modesto Municipal Code if the administrative citation is appealed. Failure of the private persons to testify at an administrative hearing if required by the department prosecuting the violation on behalf of the private persons may result in a dismissal of the administrative citation. The enforcement officer shall have the discretionary authority to issue an administrative citation to a responsible party where, on the basis of an affidavit and any other available evidence, a violation of Section 3-1.215 of the Modesto Municipal Code has occurred.
(b) Each third-party administrative citation shall contain:
(1) The date of the violation;
(2) The address or a definite description of the location where the violation occurred; (3) The section of this Code violated and a description of the violation; (4) The amount of the fine for the Code violation;
(5) A description of the fine payment process, including a description of the time within which and the place to which the fine must be paid;
(6) An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;
(7) A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and (8) The name, signature and department issuing the citation on behalf of the private persons.
(c) Each third-party administrative citation shall be accompanied by an affidavit from the private persons setting forth a description of the violation as observed by the private persons signed under penalty of perjury.
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EFFECTIVE DATE: Month XX, 2025
3-1.305 Response Cost.
(a) In addition to any fines or penalties which may otherwise be levied by the City pursuant to this article, the City shall be entitled to recover from any person found to be in violation of any provision of this article, the City's full response costs. (b) For purposes of this article, the term "response costs" shall mean those reasonable and necessary costs directly incurred by the City for a response to a complaint of discharging illegal fireworks prohibited under this article and shall include the cost of providing police, code enforcement, fire, and/or other emergency response services at the scene to include, but not limited to:
(1) Salaries and benefits of code and/or law enforcement and/or fire and/or emergency personnel for the full amount of time spent responding to, remaining at, or otherwise dealing with such illegal fireworks, and the administrative costs attributable to such responses;
(2) The cost of any medical treatment to or for any code and/or law enforcement and/or fire and/or emergency personnel injured while responding to, remaining at, or leaving the scene; and
(3) The cost of repaying for any City equipment or property damaged and the cost of the use of any such equipment used in responding to, remaining at or leaving the scene.
(c) The expense of a response cost shall be a charge against the responsible party liable for expenses under this article. The charge constitutes a debt of that person and is collectible by the City in the same manner as in the case of an obligation under a contract, expressed or implied, except that liability for the expenses provided for in this article shall not be insurable and no insurance policy shall provide or pay for the expenses.
3-1.306 Agency and Authority
Section 103 1of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

The MODESTO FIRE DEPARTMENT official in charge shall be known as the fire code official. The function of the agency shall be the implantation, administration, and enforcement of the provisions of this code.

Section 103.3 of the California Fire Code is hereby adopted by reference, in addition to the following:

The Fire Chief, Division Chiefs, Fire Marshal, and members of the Fire Department conducting Prevention Bureau and/or Fire Investigation unit duties shall have the powers of a Police Officer in performing their duties under this Code.
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28 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
SECTION 2. FINDINGS AND DECLARATION. As required by the 2025 California Fire Code, Section 101.1 the Council of the City of Modesto finds and declares that the foregoing additions, modifications and changes to the regulations adopted pursuant to the 2025 California Fire Code are reasonably necessary because of local climate and geographic conditions. The ordinance also prescribes local procedures to be used in the administration and enforcement of this Code; provides for local interpretations of this Code and makes other changes in this Code consistent with local custom and practices as reflected in the prior local Fire Code.

SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 4. SAVINGS. The provisions of this ordinance shall not affect any proceedings, suit or prosecution heretofore or hereafter commenced under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted or proceeded with in all respects as if this ordinance had not been adopted.

SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the #13..
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29 ORDINANCE NO. XXXX-C.S.

EFFECTIVE DATE: Month XX, 2025
official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

SECTION 6. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The
City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).

SECTION 7. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the XX day of Month, 2025, by Councilmember X, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Y, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: None
NOES: Councilmembers: None
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Ordinance No. XXXX-C.S.

Effective:___________, 2025
ABSENT: Councilmembers: None
APPROVED: __________________________
SUE ZWAHLEN, Mayor
ATTEST:

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

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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Ordinance No. XXXX-C.S.

Effective:___________, 2025

FINAL ADOPTION CLAUSE
The foregoing Ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the XX day of Month 2025, Councilmember X moved its final adoption, which motion being duly seconded by Councilmember Y, was upon roll call carried and the Ordinance adopted by the following vote:

AYES: Councilmembers: None
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ___________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: Month XX, 2025
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Modesto, California, Code of Ordinances
TITLE 3 PUBLIC SAFETY
Modesto, California, Code of Ordinances Created: 2025-06-24 11:09:30 [EST] (Supp. No. 69)

Page 1 of 25 ends

TITLE 3

PUBLIC SAFETY
(Repealed by Ord. 234-C.S., effective 4-24-58)
Chapter 1. ADOPTION OF THE CALIFORNIA FIRE CODE, 20222025 EDITION (Ord. No. 3760-C.S., § 1, effective May 4, 2023 repealed the former ch. 1, articles 1—3, §§ 3-1.101—3-1.304, and enacted a new ch. 1, as set out herein. The former ch. 1 pertained to adoption of the California Fire Code, 2019 edition, and derived from Ord. No. 3712-C.S., §§1, 2, effective Jan. 2, 2020.; Previously, Ord. 826 N.S., Ord. 160- C.S., Ord. 417-C.S., Ord. 1086-C.S., Ord. 1219-C.S., Ord. 1299-C.S., Ord. 1699-C.S., Ord. 2035-C.S., Ord. 2110-C.S., Ord. 2158-C.S., Ord. 2273-C.S., Ord. 2687-C.S., Ord. 2724-C.S., Ord. 2789-C.S., repealed and reenacted by Ord. 2828-C.S., as amended by Ord. 2905-C.S., Ord. 2950-C.S., Ord. 2976-C.S., Ord. 3003-C.S., Ord. 3055-C.S., Ord. 3143- C.S., § 1, Ord. 3145-C.S., Ord. 3187-C.S., § 1, Ord. 3277-C.S., § 1, Ord. 3378-C.S., § 1, Ord. 3416-C.S., § 1, Ord. 3439- C.S., § 1, effective 6-7-07; Ord. 3466-C.S., § 1, effective 1-3-08; Ord. 3515-C.S., § 1, effective 6-12-09; amended in its entirety by Ord. 3545-C.S., § 1, effective 1-13-11; amended in its entirety by Ord. 3663-C.S., § 1, effective 1-6- 17; repealed and replaced by Ord. No. 3712-C.S., §§1, 2, effective 1-2-2020.

Article 1. Fire Code
3-1.101 Findings for Adoption of the California Fire Code, 20222025 Edition.

The City Council of the City of Modesto hereby finds and determines: That the International Code Council is a private organization which has been in existence for at least three (3) years. That the California Fire Code, 20222025 Edition, published by said organization, is a nationally recognized compilation of proposed rules, regulations, and standards of said organization. That said California Fire Code, 20222025 Edition has been printed and published as a code in book form within the meaning of Section 50022.2 et seq. of the Government Code. That one (1) copy of the California Fire Code, 20222025 Edition, certified by the City Clerk of the City of Modesto to be a true copy, has been filed for use and examination by the public in the office of the City Clerk of the City of Modesto. Sections of the California Fire Code, 20222025 Edition may be referred to by the number used in said published compilation, preceded by the words "California Fire Code Section" or "Fire Code Section", and may also be referred to by additional reference to the Modesto Municipal Code and sections therein pertaining to said California Fire Code, 20222025 Edition.

Amendment of the California Fire Code, 20222025 Edition, is necessary so as to provide more stringent standards for fire extinguishing systems; fire hazard and hazardous materials controls are necessary to serve the public interest by reducing the risk to life and property of the citizens of Modesto because of the following climatic and topographical local conditions:
(a) Summer weather conditions are very dry, hot and windy causing ordinary combustibles to be easily ignited and fires to be fast spreading;
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(Supp. No. 69)

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(b) Very dense fog conditions occur in winter. Reduced visibility causes delays in fire response; (c) Fire response is delayed by railroad tracks which:
(1) Divide the City from northeast between Tully Road and McHenry Avenue to the west side of Ninth Street;
(2) Run parallel to Highway 99 through the City, restricting response at locations where overpasses are not provided;
(3) Run parallel to Yosemite Boulevard restricting access to the airport, Tuolumne Regional Park, and adjacent areas; and
(4) Restrict access at intersections and streets in the areas of Ninth, Tenth, D, and E Streets. (d) Modesto Irrigation Canal #3 restricts access to the neighborhoods and developments to the north and east of Briggsmore Avenue from Oakdale Road to Claus Road;
(e) Fire response is delayed by rivers and creeks which:
(1) Divide the southwest area of the City and City contract areas and restrict access to these areas; and (2) Divide the City from east to southwest along Scenic Drive.

THEREFORE, for the above reasons taken individually and cumulatively and in accordance with the authority granted in Sections 17958.5 and 17958.7 of the California Health and Safety Code, the Council of the City of Modesto expressly finds there are local climatic and topographical conditions that make the increased fire protection requirements set forth in this chapter reasonably necessary. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.102 Adoption by Reference of the California Fire Code, 20222025 Edition. (a) That certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Modesto, being marked and designated as the California Fire Code, 20222025 Edition, California Code of Regulations Title 24, Part 9, including Appendix Chapter 4, and Appendix B, BB, C CC, D, F, G, I, K, N, O and Division 1 California Administration and Division II Scope and Administration but deleting Sections 112.1 through 112.4 and adopting Sections 104.1, 104.10, 104.10.1, 104.11 through 104.11.3, 104.4, 104.4.1, 105.6.10, 106, 108.1, 109, 110, 114, 115 , 303, 305, 306, 307, 308.1.6.3, 309, 311, 321, 403.10.5, 503, 510.3, 805, 806, 807, 808, 1103.2, 1106, and chapter 26 as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and providing penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 20222025 Edition, on file in the office of the City Clerk of the City of Modesto is hereby referred to, adopted, and made a part in accordance with, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this chapter and is hereby adopted as the Fire Code of the City of Modesto. (b) These regulations shall be known as the Fire Code of the City of Modesto and may be cited as such or may be cited as the "California Fire Code, 20222025 Edition," the "20222025 California Fire Code", "the Fire Code", or "this Code."
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
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(Supp. No. 69)

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3-1.103 Repeal of Conflicting Ordinances.

All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or with the 20222025 California Fire Code as adopted and amended are hereby repealed. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
Article 2. Amendments, Additions and Deletions to the 20222025 California Fire Code
3-1.201 Combustible Waste Material.

Section 304.1.32 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

The Fire Department may recover, from a property owner, those costs associated with the suppression costs incurred in fighting a fire and for providing rescue or emergency medical services should a fire occur on said property after the owner has been notified to abate such public nuisance and has failed to do so. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.202 Vehicle Impact Protection.

Section 312.2 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

1. Constructed of steel not less than six (6) inches in diameter and concrete filled,

2. Spaced not more than four (4) three (3) feet between posts on center,

3. Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter,

4. Set with the top of the posts not less than three (3) feet above ground, and

5. Located not less than five (5) feet from the tank.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
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(Supp. No. 69)

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3-1.203 Fire Protection and Water Supplies.

Section 507.51 of the 20222025 California Fire Code is hereby adopted by reference, in addition to is hereby adopted by reference, in addition to the following:

Required Water Supply.
(a) An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, building or portions of buildings are hereafter constructed or moved into or within the jurisdiction. See Appendix-B of the 2022 California Fire Code. (b) Fire hydrants shall be located on the supply side of the fire suppression system check valve. (c) Fire hydrants shall be accessible to the Fire Department apparatus by roads meeting the requirements of Section 503.1 of the 2022 California Fire Code.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
Fire hydrant systems. Fire hydrant systems shall comply with section 507.5.1 through 507.5.6 and Appendix C or by an approved method. Fire hydrants shall be located on the supply side of the fire suppression system check valve and accessible from the apparatus roads in compliance with Section 503.1 and Appendix D. The fire code official my require a looped underground fire service for large projects when deemed necessary.

Section 507.5.1 of the 2022 2025 California Fire Code is hereby adopted by reference, in addition to:

Section 507.5.1.1 of the 2022 2025 California Fire Code is hereby adopted by reference, in addition toand amended to read as follows:

Hydrants for Standpipe systems. Buildings equipped with a standpipe system installed in accordance with section 903 shall have a fire hydrant within 75 feet of the fire department connection.

Exception: DELETED
Section 507 of the 2022 2025 California Fire Code is hereby added adopted by reference, in addition toand shall read as follows:

Spacing. Fire hydrants shall be spaced nominally every 500 liner feet in residential areas and 300 liner feet in commercial or industrial areas and shall comply with city building standards. Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternative or staggered positions so that hydrants will not be directly opposite from each other.

Section 905.3.1 of the 2025 California Fire Code is hereby adopted by reference, with the additional of the following:

Page 5 of 25 ends

Section 912 of the 2022 2025 California Fire Code is hereby added to read as follows:

A fire hydrant shall be located within 75’ of all required fire department connections. Fire hydrants serving sprinkler systems shall be located on the City side of the back flow prevention device. 3-1.204 Where Required.-Vacant
Section 507 of the 2022 California Fire Code is hereby adopted by reference, in addition to the following:

Where required. Where a portion of a facility or building hereafter constructed or moved into or within the jurisdiction is more than 200 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.205 Incinerators.

Section 605.78 of the 20222025 California Fire Code is hereby adopted by reference, in addition to:
adopted by reference, in addition to the following:

Incinerators. The use of incinerators is prohibited inside the Citycity limits of Modesto.

EXCEPTION: Incinerators used by state licensed facilities for the cremation of human or pet remains. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.206 Open burning, recreational fires, and portable outdoor fireplaces Section 307.1 oof the 20222025 California Fire Code is hereby adopted by reference, with the following additions and amendmentsin addition to:

A person shall not kindle, maintain, or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with sections 307.1.1 through 307.5 (Ord. No. 3760-C.S., § 1, effective 5-4-23)
General. No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled, conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Pollution Control District and compliance with all safeguards pursuant thereto.

Any such permitted burning shall be restricted to agricultural purposes and confined to areas in the city limits in which agricultural uses are lawful or as regulated or prohibited by other municipal codes.

Section 307.4.1 of the 2025 California Fire Code is hereby deleted.

Bonfires. Deleted
Section 307.4.2 of the 2025 California Fire Code is hereby amended to read as follows:

Recreational Fire. Recreational Fire shall be prohibited except for religious ceremonies and shall comply with other regulation or prohibitions of other city municipal codes or uses. Permit required.

Section 307.4.3 of the 2025 California Fire Code is hereby amended to read as follows:

Portable Outdoor Fireplaces. Shall comply with other regulation or prohibitions of other city municipal codes or uses.
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Section 307.5 of the 2025 California Fire Code is hereby amended to read as follows:

Attendance. Open burning or use of portable outdoor fire places as used at one and two-family dwellings shall be constantly attended until the fire extinguished. Not fewer than one portable fire extinguisher complying with section 906 with a 4A minimum rating and a water hose, water truck or medium of dirt/sand shall be immediately available.
3-1.207 Automatic Sprinkler Systems.

Section 903of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:added and shall read as follows:

New Construction.
(a) An approved automatic fire sprinkler system is required in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and occupancy thereof, when any fire area, as defined in the California Fire Code exceeds five thousand (5,000) square feet. (b) When automatic sprinkler systems are required by the Modesto Municipal Code or the 2022 California Fire Code for certain uses and/or occupancies, the requirements of Section 903.2 of the 2022 California Fire Code shall also apply.
(c) An approved automatic residential fire sprinkler system shall be installed in all one and two-family dwellings and townhouses in accordance with NFPA 13D or Section R313.3 of the 2019 California Residential Code.

EXCEPTION:.

1. U Occupancies and gas station canopies

2. Fire areas that are 5,000 square feet or less, unless the specific building occupancy classification requires sprinklers.

Existing Buildings and Structures.

An approved automatic fire sprinkler system shall be installed in all existing buildings and structures when either of the following conditions are met:
(a) The value of additions, alterations or repairs that exceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building or structure that exceeds five thousand (5,000) square feet.
(b) Following any catastrophic event such as fire, flood, or natural disaster.

EXCEPTION:

1. U Occupancies and gas station canopies

2. Fire areas that are 5,000 square feet or less, unless the specific building occupancy classification requires sprinklers.

Ord. No. 3760-C.S., § 1, effective 5-4-23)

1. An approved automatic fire sprinkler system is required in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and occupancy thereof, when any fire area, as defined in the California Fire Code exceeds five thousand (5,000) square feet. a. Fire area calculations shall include all floors, mezzanine, basements and any attached projections greater than four (4) feet.
b. Structures which are within six (6’) feet of each other as measured from the outside walls, or any projection therefrom, or are attached by a breezeway or a covered walkway, the measured floor area of each shall be aggregated.
c. Buildings three (3) stories or more, irrespective of height; including basements, cellars and or mezzanines.
d. Any Group A occupancy as defined in the California Building Code or modified for Group A use. #13..
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e. CFC 901.4.4 may not be exercised to add fire walls to avoid the installation of fire sprinklers in new buildings or to existing buildings during remodel/ addition.

2. Condominium /apartment buildings up to 4 stories may be approved with NFPA 13R fire sprinkler systems with full attic protection. Attic protection shall consist of quick-response sprinklers spaced throughout the attic in accordance with NFPA 13. Attic hydraulic calculations shall be based on flowing a minimum four sprinklers. Piping in the attic shall be listed steel piping. Listed CPVC piping may be utilized under attic insulation with special application sprinklers installed in accordance with their listing and the manufacturer’s guidelines.

3. The sprinklers are to have interior warning devices approved by the Fire Chief.

4. Existing buildings and structures shall have approved automatic fire sprinklers installed when any of the following exist:
a. When doing a remodel or addition the value of additions, alterations or repairs that exceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building or structure that exceeds five thousand (5,000) square feet. b. The remodel or addition cause the building to exceed five thousand (5,000) square feet as outlined in this code above.

Nothing in this subsection is intended to provide a lesser degree of protection than that required in the presently adopted version of the California Building Code or provide for a waiver of its provisions unless such provision of this subsection provides for sprinkler protection in an area or areas not required in the building. 3-1.208 Monitoring.- Vacant
Section 903.4.1 of the 2022 California Fire Code is hereby adopted by reference, in addition to the following:

Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to a UL LISTED supervising station as defined in NFPA 72 or, when approved by the Fire Code Official, shall sound an audible signal at a constantly attended location.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.209 Portable Fire Extinguishers.

Section 906.9.1309 of the 20222025 California Fire Code is hereby adopted by reference in addition to the following:., in addition to:

Extinguishers Weighing 40 Pounds or Less. Portable fire extinguishers having a gross weight not exceeding forty (40) lbs. (18 kg) shall be installed so that their tops are not more than four (4) feet above the floor.

Existing Installations. Portable fire extinguishers shall only be required to be lowered during tenant improvements.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
Forklifts. All LPG or natural gas driven equipment which operate inside shall have a minimum 1A:10BC fire extinguisher mounted to the equipment and shall comply with Section 906.

Section 3504.2.6 of the 2025 California Fire Code is hereby adopted by reference and amended to read as follows:

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3-1.210 Fire Alarm and Detection Systems.

Section 907. of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

Where required - New Buildings and Structures. An approved fire alarm system installed in accordance with the provisions of this code and NPFP 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 of the California Fire (2022 Edition) and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. a. All new fire alarm/ monitoring systems shall be UL certified for which permits are required, on or after 1/1/2020.All fire alarm and detection systems shall require Central Station Services monitoring as defined by and in accordance with the 2016 Edition of NFPA 72, Chapter 26. A (UL) Underwriters Laboratories Certificate of (FM) Factory Mutual Placard, in accordance with the 2016 Edition of NFPA 72, Chapter 26, shall be issued by the UL listed or FM approved prime contractor for all newly installed fire alarm systems that are newly installed in commercial occupancies for which permits are required by the Modesto Fire Department, Division of Fire Prevention, on or after 1/1/2020. b. Any existing fire alarm system in a commercial occupancy wherein the fire alarm control panel and alarm system components require replacement, shall be considered newly installed for the purposes of this section and shall require the system to be UL certified on or after 1/1/2026.Central Station Service in accordance with the 2016 Edition of NFPA 72 Chapter 26. c. When UL certification is required by this code, it shall be maintained for commercial fire alarm/monitoring systems throughout the life of the alarmed/monitored building.Central Station Service in full compliance with the 2016 Edition of NFPA Chapter 26, shall be maintained at the protected property, so long as the requirement for the fire alarm system exist. d. Central Station Service in accordance with NFPA 72 is required on all fire alarm/ monitoring systems, existing or new
Exception. Supervisory service is not required for:
i) Automatic sprinkler systems in one and two-family dwellings. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.211 False Fire Alarms.

Section 907 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

Section 5001 of the 2022 California Fire Code is hereby adopted by reference, in addition to the following:

Key Box. When required by the Fire Code Official, an approved key box, sized to contain emergency information, (HMMP, HMIS and Safety Data Sheets) shall be provided.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
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Section 5001.2 of the California Fire Code , the definition of “Hazardous Materials,” is hereby adopted by reference, in addition to:

Section 5003.3.1.4 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

The remedy provided by this section shall be in addition to any other remedies provided by law.

For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.214 Stationary Containers.

Section 5504.3.1.1.3 of the 20222025 California Fire Code is adopted by reference, in addition to the following:

Location. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law. All R-1, R-2 and R-3 zoning designations as identified in Title 10 of the Modesto Municipal Code.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.215 Possession, Manufacture, Sale, Use or Discharge of Dangerous Fireworks.

Section 5604 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

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Section 3-1.304 of the Modesto Municipal Code, using, selling, manufacturing, discharging or found in possession of said fireworks or kits, and unless such person is in possession of a valid pyrotechnic operator's license issued by the Office of the State Fire Marshal. The Fire Code Official may establish reasonable rules and regulations for governing issuance of a firework permit and may issue the same subject to payment of a fee as established by the City Council from time to time. (c) The Fire Code Official, or designee, shall seize, take, remove or cause to be removed, at the expense of the owner, all dangerous fireworks offered or exposed for sale, stored, or possessed in violation of this chapter.
(Ord. No. 3760-C.S., § 1, effective 5-4-23; Amended by Ord. 3779-C.S, § 1, effective 6-13-24) 3-1.216 Explosive Materials Prohibited and Limited Acts.

Section 5605.1 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

Exceptions:

4. Manufacturing. Explosive materials shall not be manufactured within the city limits of Modesto.

5. Limits Established by Law. The storage of explosives and blasting agents is restricted to those areas of the City zoned as Heavy Industrial Zone (M-2).
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.217 Manufacturing of Fireworks.

Section 5605 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

Manufacturing. The manufacturing of fireworks is prohibited within the city limits of Modesto. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.218 Sales of Fireworks.

Section 5608 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

Sales. It shall be unlawful to engage in the sale of "Safe and Sane" fireworks in the City of Modesto without first having secured a permit to do so.
(1) Effective 2005, the total number of sales permits issued in any given year shall be limited to seventy (70).
(2) Sales permits for the sale of "Safe and Sane" fireworks in the City of Modesto shall be issued only to local nonprofit organizations and existing local for-profit organizations as defined herein. (A) A "nonprofit organization" shall mean any nonprofit association, club, or corporation organized for veteran, patriotic, welfare, religious, civic betterment, youth or charitable purposes, as defined by Section 501(c) of the Internal Revenue Code of the United States, or affiliated with a public, private, or charter school located within the city limits of Modesto. Each new organization shall provide the City with a copy of their "Letters of Incorporation" as proof of their nonprofit status. Existing organizations shall submit verification of current corporation status from the State of California Secretary of State's Office. Those organizations that are an integral part of a recognized national organization having tax exempt status must provide IRS written verification of such status. All applications will be subject to additional verification with the State of California and IRS if nonprofit status comes into question. #13..
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(B) Public school organizations shall provide current written verification of affiliation from the school each year.
(C) A "local nonprofit organization" must have its principal and permanent meeting place in the City of Modesto or within the City of Modesto sphere of influence. The organization must have obtained nonprofit status and have been organized and established in the City of Modesto for a minimum of one (1) continuous year preceding the filing of the application for permit. The organization must also have a bona fide membership. Applications shall be signed by two (2) bona fide officers of the eligible organization, wherein the officer, on behalf of the organization and its agents, agrees to abide by State laws, administrative regulations, and all stipulations of this Code and the permit if permission to operate a fireworks stand is granted to the organization. (D) An "existing local for-profit organization" must have a permitted fixed business location in the City of Modesto, have been issued a fireworks sales permit the previous year, have remained under the same management and/or ownership continuously since 1999, and have paid all business license and mill tax fees due the City of Modesto by the close of the application period. In the event mill taxes and business license fees are not current the organization's application will be denied. (E) If any of the above items fail to be met at the time of application, the organization's application shall be denied.
(3) Sales permits for retail sales of California State Fire Marshall approved "Safe and Sane" fireworks in the City of Modesto issued pursuant to provision of this Code are not transferable by the holder of the permit. The sales permits may be used only by the organization to which they are issued. Violations will result in the immediate loss of the organization's sales permit. (4) All applications for sales permits shall be in writing to the Fire Code Official on forms supplied by the City. Applications may only be filed during normal business hours from April 1st of each year up to and including April 30th of the same year, at which time the filing period for that year will close. A separate sales permit shall be required for each proposed location of a fireworks stand.

Each organization may file an application for one (1) sales permit for which there is only one (1) tax ID number.
(5) Applications shall set forth the proposed location of the fireworks stand including the nine (9) digit parcel number (APN) of the Stanislaus County Assessor, a site map, and other information as may be required by the Fire Code Official.
(6) Applicants for sales permits shall be notified by June 15th of each year by the Fire Code Official of approval or disapproval of such application. Sales permits will be issued after final inspection of the stand reveals compliance with all state and local regulations. Organizations shall not open for sales prior to the final inspection of their stand. If an organization's stand fails to pass inspection there will be a re-inspection fee charged for the third (3rd) inspection, and each inspection thereafter until final inspection is approved, as established by Resolution No. 03-446. (7) Every application shall be accompanied by proof of insurance as specified in Section 3-1.22(3). Other items required at the time of application will be the organization's verification of eligibility as stated in 2(A) above, list of bona fide members, and current written permission signed by the property owner of record (with respect to lessee permission, approval shall be in the sole discretion of the Fire Code Official to sell fireworks at that location. Organizations representing public schools, as stated in 2(B) above, require written verification from the school of their affiliation. (8) Every application shall be accompanied by a nonrefundable application fee as established by resolution of the City Council from time to time. This application fee shall be in addition to any fees or taxes imposed by Title 6 of the Modesto Municipal Code.
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(9) Any local nonprofit organization as defined herein may make application for a sale permit but preapproved (continuously permitted since 1999) organizations will have first option for a permit. (A) When additional sales permits are authorized and all current pre-approved organizations have applied for such permits, a lottery will be held to fill any vacancies. (B) This lottery will be held fourteen (14) days after the last day of the filing period specified in paragraph 4 and will include the names of all new local nonprofit organizations that have filed a complete application within the said filing period. If the fourteenth (14th) day falls on a weekend the lottery will be held on the next business day.
(C) One (1) organization will be drawn for each available vacancy. If the organization whose name is drawn declines the permit, another name will be drawn until each vacancy is filled. (D) Any organization having an approved application that fails to open their stand for that sales year will automatically forfeit their permit and a new organization will be chosen the following year provided a permit is available.
(10) A nonprofit organization may apply for a sales permit with regard to a stand located in an area annexed by the City of Modesto under the following conditions:
(A) Two (2) consecutive years prior to annexation, the applicant was issued a sales permit, by the City or County in which the property was formerly located, and applicant presents proof of the issuance of said permits;
(B) The applicant has received a valid City of Modesto business license; and (C) The organization must either:
(1) Meet the criteria of set forth in Section 33-1.223(2) (A) or (2) Present documentary evidence establishing its primary meeting for a minimum of two (2) years preceding application to City of Modesto was at the location for which the sales permit is currently sought.
(D) Annexed property that was previously used for a temporary booth by an organization whose current primary meeting place is outside the city limits of Modesto is not eligible to make application for a sales permit.

Permits issued to these organizations will be issued without the necessity of being selected by lottery, even though such issuance may increase the number of permits to more than allowed herein. The addition of these organizations does not change the original intent to issue a total of seventy (70) sales permits per year. (Ord. No. 3760-C.S., § 1, effective 5-4-23; Amended by Ord. 3779-C.S, § 1, effective 6-13-24) 3-1.219 Sales, Storage, Use, and Handling of Fireworks.

Section 5608 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

General. Sales, storage, use, and handling of fireworks shall be in accordance with this chapter.

1. Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled "Safe and Sane" fireworks within the City of Modesto, by State of California licensed retailers, provided a permit to sell those fireworks has been approved and obtained from the Fire Code Official. Fireworks may be sold or offered for sale from 12:00 noon to 10:00 p.m. on June 28, 9:00 a.m. to 10:00 p.m. on June 29 through July 5, and 9:00 a.m. to 12:00 noon on July 6. #13..
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Storage facilities shall comply with H3 occupancy classification requirements as defined by the 20222025 California Building Code.
(B) Retailers Storage. Retailers may store California State Fire Marshall approved "Safe and Sane" fireworks within the City of Modesto solely during the period of June 22 through July 15 of each year. "Safe and Sane" fireworks that are not being sold or displayed with the intent to sell, shall be stored solely in the following manner:
(1) Within the permitted fireworks stand with a responsible adult on the premises at all times. (2) In a completely enclosed and locked utility type trailer constructed of one-fourth (1/4) inch plywood or other approved noncombustible material.
(3) In a completely detached garage on residential property with a minimum ten (10) feet clearance from other structures or property lines. There shall be no open-flame or spark producing equipment, or Class 1 flammable liquids stored or used within the garage. (4) Fireworks shall not be stored within forty (40) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate fifty (50) or more persons. (5) In an approved and permitted fireworks warehouse.

3. Temporary Fireworks Stands.
(1) All retail sales of California State Fire Marshall approved "Safe and Sane" fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited.
(2) City Business License, Fire Department Permit and State License shall be displayed in the fireworks stand during hours of operation.
(3) Temporary fireworks stand shall not be set up before application for permit has been approved no earlier than June 14.
(4) The fireworks stands shall be located at least twenty (20) feet from other structures. (5) Zoning of property, in which the fireworks stand will be located, shall be in accordance with Section 10-

2.2330 of the Modesto Municipal Code.
(6) Fireworks shall not be stored, sold, offered for sale, or discharged within one hundred (100) feet of a location where gasoline, LPG, other class 1 flammable liquids or flammable gasses are stored or dispensed.
(7) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on the 6th day of July.
(8) The fireworks stand shall be removed from the temporary location by 12:00 noon on the 12th day of July, and all accompanying litter shall be cleared from said location by said time and date. #13..
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(9) A penalty of one hundred dollars ($100.00) per day will be assessed to the permittee of any fireworks stand not removed by 12:00 noon on the 12th day of July.

4. Safety Precautions.
(1) No person under the age of eighteen (18) shall sell, or handle for sale, any classification of fireworks. (2) No person under the age of eighteen (18) shall purchase or be allowed to purchase any classification of fireworks.
(3) Smoking, open-flame, and spark-producing equipment shall be prohibited for a distance of twenty (20) feet around any fireworks stand.
(4) Dry grass, weeds, trash, and other combustible material shall be removed for a distance of twenty (20) feet around any fireworks stand.
(5) Fireworks shall not be discharged within fifty (50) feet of a fireworks stand.

5. Stand Construction.
(1) Merchandise may be displayed in approved glass enclosed counters or showcases, or (2) Merchandise may be displayed in stands constructed in the following manner:
(A) Walls and roof shall be of plywood at least one-fourth (1/4) inches thick or of an approved noncombustible material.
(B) The stand shall be provided with a roof.
(C) Walls shall extend to a minimum height of six (6) feet eight (8) inches, on at least three (3) sides. These three (3) sides shall be without openings, except for an exit door. (D) An exit door with a minimum size of twenty-four (24) inches in width and six (6) feet in height shall be provided in each stand. Exits shall be maintained clear and unobstructed at all times. (E) The front wall of the stand shall provide a physical barrier not less than eighteen (18) inches in height between the public and the merchandise on display.
(F) Approved "NO SMOKING" signs shall be prominently displayed in and on the stand. (G) Approved "NO SALES TO PERSONS UNDER THE AGE OF 18" signs shall be prominently displayed in the stand.
(H) An approved fire extinguisher having a minimum classification of 2A10BC shall be located in the stand, near the exit and readily accessible.
(I) Sellers of fireworks shall comply with all rules and regulations of Title 19 of the California Code of Regulations and with the rules and regulations of the Fire Code Official. (J) Stands will be limited to twenty-four (24) feet by eight (8) feet or one hundred ninety-two (192) square feet in size. Pre-existing stands as identified by the fireworks suppliers shall retain the right to operate their oversized stands, without change, until said stand or organization forfeits or loses their operating permit. A copy of said list shall remain on file with the Fire Code Official.

6. Operation of Fireworks Stand Only by Permittee.
(1) It is unlawful for the permittee organization to allow any person or entity other than the permittee organization to operate the fireworks stand for which the permit is issued, whether by agreement, assignment or otherwise, or to otherwise participate in the profits of the operation of such fireworks stand. Violations will result in the immediate loss of the organization's permit. #13..
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(2) It is unlawful for a non-profit organization to allow any person other than the individuals who are members of the permittee organization, their spouses or adult children, or volunteers to whom no compensation is paid, to sell or otherwise participate in the sale of fireworks at such fireworks stand. (3) It is unlawful for a non-profit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such fireworks stand, except the hiring of a night watchman or security officer.
(Ord. No. 3760-C.S., § 1, effective 5-4-23; Amended by Ord. 3779-C.S, § 1, effective 6-13-24) 3-1.220 Revocation of Permit and Seizure of Fireworks.

Section 5608 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:
(a) Revocation of Fireworks Sales Permit. The Fire Code Official, or his/her designee, may revoke, immediately and without notice or hearing, the "Safe and Sane" fireworks sales permit of any location or organization when any of the provisions of Sections 3-1.220, 3-1.221, or 3-1.223 are violated. The Fire Code Official shall inform the permittee that permittee may seek review of the Fire Code Official's decision, by the City Manager, on the next business day. At the earliest opportunity on the next business day after revocation, the Fire Code Official shall provide the City Manager with written notice that a fireworks sales permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. If requested by the permittee, the City Manager, or his/her designee, shall meet with the permittee and the Fire Code Official, or his/her designee, that day to review the Fire Code Official's decision.

The decision of the City Manager shall be final.

Revocation of any sales permit will be effective for that calendar year. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.221 Fireworks Displays Insurance Required.

Section 5608 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

Insurance.

1. The permittee shall furnish a certificate of insurance for each policy required, executed by the company issuing such policy, and approved as to form by the Risk Manager. Such policies shall contain a provision which holds the City as an additional insured and declaring said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution.

Notwithstanding any other provision of this section, the failure of the permittee to carry such insurance during the time covered by such permit shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. A payment of one hundred and two dollars ($102.00) shall be made to the City before any such revoked permit may be reinstated.

2. The permittee/licensee shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of five hundred thousand dollars ($500,000). #13..
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(b) General Liability insurance with a minimum limit of liability per occurrence of five million dollars ($5,000,000) for bodily injury and five hundred thousand ($500,000) for property damage. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent permittee/licensees and subcontractors; products and completed operations; and professional liability. (c) Automobile Liability insurance with a minimum limit of liability per occurrence of one million dollars ($1,000,000) for bodily injury and one hundred thousand ($100,000) for property damage or one million ($1,000,000) combined single limit. This insurance shall cover any automobile for bodily injury and property damage. 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 permittee/licensee shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the permittee/licensee to furnish, deliver or maintain such insurance and certificates as above provided, the permit/license is automatically revoked. Failure of the permittee/licensee to obtain and/or maintain any required insurance shall not relieve the permittee/licensee from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the permittee/licensee 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 and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers. The permittee/licensee's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The permittee/licensee must deliver certificates evidencing existence of the insurance listed above to the Finance Director at the time the permit is granted.

For any claims related to a permit, the permittee/licensees insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the permittee/licensee's insurance and shall not contribute with it.

3. The permittee/licensee shall agree to hold the City of Modesto, its agents, officers, employees, and volunteers harmless from and save, defend, and indemnify them against any and all claims, losses, liabilities, and from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney fees and all costs and expenses arising directly or indirectly out of any act or omission of permittee arising out of any activity authorized by the permit.

4. The permittee/licensee shall provide at its own expense and maintain at all times the specified insurance policies with insurance companies approved by the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Finance Director of the City by registered mail, return receipt requested.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
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3-1.222 Storage of Flammable and Combustible Liquids in Tanks.

Section 5704 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following::

Section 5704.2.9.5 of the California Fire Code is amended to include the following:

The tank shall be approved by the Fire Chief and installed per the CFC/NFPA.

Section 5704.2.9.6.1 of the California Fire Code is amended to read as follows:

Location Where above Ground Tanks are Prohibited. Storage of Class I and II Liquids in above-ground tanks outside of buildings is prohibited, with the exception of protected tanks designed, installed and maintained in accordance with Chapter 57 of the 2025 California Fire Code. In addition, all above ground tanks shall be UL 2085 listed. The provisions of this section shall not apply to facilities for the production, generation, or transmission of electric energy that provide power to entities furnishing retail electrical services to the general public within the city of Modesto.

The storage of Class I, II and III A/B flammable and combustible liquids in above-ground tanks outside a building is prohibited. Exception: Protected/ double walled aboveground tanks shall be approved by the Fire Chief. Aboveground tanks shall be installed per the CFC/NFPA. 5704.2.9.6.1 Location Where above Ground Tanks are Prohibited. Storage of Class I and II Liquids in aboveground tanks outside of buildings is prohibited, with the exception of protected tanks designed, installed and maintained in accordance with Chapter 57 of the 20222025 California Fire Code. In addition, all above ground tanks shall be UL 2085 listed. The provisions of this section shall not apply to facilities for the production, generation, or transmission of electric energy that provide power to entities furnishing retail electrical services to the general public within the city of Modesto.

Section 5704.2.9.5 of the California Fire Code is hereby adopted by reference, in addition to:

Section 5706 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

Locations Where Above-Ground Tanks are Prohibited. The storage of Class I and II liquids in above-ground tanks is prohibited within the limits established by law as the limits of districts in which such storage is prohibited. All R-1, R-2 and R-3 zoning designations as identified in Title 10 of the Modesto Municipal Code. #13..
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(Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.224 Bulk Plants Storage of Flammable and Combustible Liquids.

Section 5706.4 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

Section 105.5.18(3) of the California Fire Code is hereby adopted by reference, in addition to the following::

To store, handle or use Class II, Class III-A and Class III-B liquids in excess of twenty-five (25) gallons in a building or in excess of fifty-five (55) gallons outside a building (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.225 Bulk Transfer and Process Transfer Operations.

Section 5706.5 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

Section 5706.5.1.1 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following::

Section 6101.2 of the 20222025 California Fire Code is hereby adopted by reference, in addition to the following:

Permit(s) shall be required as set forth in Sections 105.5 and 105.6. #13..
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EXCEPTION:

1. Residential occupancies. Containers shall not exceed ten (10) five (5) gallons water capacity used for “barbecue” cooking, when used and stored outside of buildings.with an aggregate total of twenty (20) gallons.

2. Approved containers not exceeding sixteen and four-tenths (16.4) ounces when displayed for sale in mercantile occupancies.

3. Factory installed containers for recreational vehicles not exceeding ten (10) gallon water capacity.

4. Factory installed tanks that are permanently attached to recreational vehicles.

Distributors shall not fill an LP-gas container for which a permit is required unless the Fire Code Official has issued a permit for installation at the location.a permit for installation has been issued for that location by the Fire Code Official.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.227 Access
Section 504.1 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

For commercial projects the clear walkway shall have the minimum following: 32 inch gate in fences and a 36 inch clear path. The clear path may be grass, soil or solid surface.

Section 503.2.3 of the California Fire Code is hereby adopted by reference, in addition to the following:

All weather shall be concrete or asphalt only.

Section 506 of the 2025 California Fire Code is hereby adopted by reference, in addition to:the following:
(a) All commercial projects (new, remodel, addition and change of occupancy, or occupancy inspection) in the City may be required to provide a Knox Box (key box). A Knox Box capable of containing Material Data Safety Sheets (MSDS) sheets and Hazardous Materials plans will be required at commercial sites with significant amounts of hazardous materials. The Fire Chief may require additional Knox Boxes and padlocks to large buildings or projects.
3-1.228 Premise Identification
Section 505.1 of the 2025 California Fire Code is adopted by reference, in addition to the following:

Residential numbers shall be illuminated from dusk to dawn.

New commercial buildings, commercial buildings undergoing occupancy change and commercial buildings undergoing renovation shall have a minimum of 6 inch Arabic numerals or alphabet letters indicating the building’s street address. The numerals and letters are to have a 3/4 inch stroke and contrast with their background. The address shall be internally or externally illuminated from dusk until dawn. The address shall face the street or road fronting the property. Buildings which set back from the road or street over 100 feet may be required to have larger numerals/letters as required by the Fire Chief. Rear addresses may be required due to property configuration.
3-1.229 Electric Disconnects and Photovoltaic (PV) Systems #13..
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Section 603.4.1 of the California Fire Code is hereby adopted by reference, in addition to:

If a generator system activates automatically when the shunt trip or main disconnect is shut down, a control to stop the generator must be located with the main disconnect or shunt trip. Photovoltaic (PV) power disconnects shall be located with the main electrical disconnect. Shunt trips or main disconnects, PV and generator controls shall be identified by signs approved by the Fire Chief. All disconnects shall not be separated by obstruction or fences. Exception: Electrical control room with a marked door that is accessible from the outside of the building.
3-1.230 Heating Appliances
Section 605.5 of the California Fire Code is hereby adopted by reference, in addition to:

6. Flammable spraying, combustible spraying, bedliner spraying and powder coating operations shall be conducted in a listed spray booth. Existing operations to be upgraded at change of occupancy.

Section 2402 of the 2025 California Fire Code is hereby adopted by reference, in addition to the following:

Section 2401.1 of the 2025 California Fire Code is hereby adopted by reference, in addition to:

6. Flammable spraying, combustible spraying, bedliner spraying and powder coating operations shall be conducted in a listed spray booth. Existing operations to be upgraded at change of occupancy.

31.232-Heating and Cooking Equipment
Section 5705.3.3 of the California Fire Code is hereby adopted by reference, in addition toto the following:

Heating, lighting or cooking appliances which utilize Class I,II or III liquids shall not be operated within a building or structure within the city limits.
3-1.233 Liquified Petroleum Gas Restrictions
Section 6103 of the California Fire Code is hereby adopted by reference, in addition to the following:

Prohibited. LP-gas installations pertinent to systems are not permitted in any residential (R) zones regardless of water capacity.

Section 6104.2 of the California Fire Code is hereby adopted by reference, in addition to the following:
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Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed 2,000 gallon water capacity.

Whenever the Fire Chief, in his discretion, determines the storage of liquefied petroleum gases is necessary in other areas, the aggregate capacity of any such installation shall not exceed 2,000 gallon water capacity, except that in particular installations this capacity limit may be altered at the discretion of the Fire Chief, after consideration of special features such as topographical condition, nature of occupancy and proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided and facilities of the local Fire Department. The storage of liquefied petroleum gas shall conform to the provisions of the local zoning ordinance.
3-1.234 Requirement for Outdoor Operation
Section 1106 of the California Fire Code is hereby adopted by reference, in addition toto the following:

Pallet Storage, Manufacturing and/or Recycling Facilities shall be maintained in accordance with Section 2810 of the California Fire Code.
3-1.235 Appendix D
Appendix D Section D101.1 of the California Fire Code is hereby adopted by reference, in addition to the following::

Appendix D shall only be enforced on private roadways, property and streets not public roadways.

Appendix D Section D103.5(1) of the California Fire Code is hereby adopted by reference, in addition to:

Where a fire apparatus road consists of a divided roadway, the gate width shall not be less than 15 feet.

Appendix D Section D103.5(5) of the California Fire Code is hereby adopted by reference, in addition to:

Appendix D Section D103.5(6) of the California Fire Code is hereby adopted by reference, in addition to:

Manual opening access gates may not be locked with a chain and padlock unless a Knox padlock is installed in the chain. Dual keyed access for the Police Department shall be required.

Appendix D Section D103.5(5) of the California Fire Code is hereby adopted by reference, in addition to:

ARTICLE 3. ADMINISTRATION
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3-1.301 Fees and Related Fees.
(a) Permit Fee. The Council of the City of Modesto may, by resolution adopted from time to time, fix a fee for any permit issued pursuant to the Fire Code.
(b) Plan Check Fee. When the valuation of proposed construction exceeds one thousand dollars ($1,000.00), or a plan is required to be submitted, a plan checking fee shall be paid at the time of submitting plans and specifications for checking.

Sections 1087.1 and 1087.5 of the 20222025 California Fire Code is hereby adopted by reference, in addition to:
1087.1 Fees: A permit shall not be issued until the fees have been paid, nor shall an amendment to the permit be released until the additional fee, if any, has been paid. 1087.5 Related fees: The payment of the fee for the construction, alteration, removal, or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of the other fees that are prescribed by law. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.302 Appeals.

Applicant may appeal the decision of the Fire Code Official to the City Council within thirty (30) days from the date of the decision being appealed whenever the Fire Code Official:

1. Disapproves an application for use of alternate materials, methods and/or types of construction,

2. Disapproves an application for permit or refuses to grant a permit applied for,

3. When it is claimed that the provisions of the code do not apply, or

4. When it is claimed that the true intent and meaning of the code have been misconstrued or wrongly interpreted.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.303 Administrative Penalties, Remedies, and Social Host Liability.

In addition to any other remedies set forth in this chapter, administrative penalties may be imposed against any person, as defined in Section 1-6.207 of the Modesto Municipal Code, or any responsible party as defined herein for violating any of the requirements set forth in this chapter. Any administrative penalties assessed shall be as follows:
(a) For violations of Section 3-1.215 manufacture and sale, of dangerous fireworks, the administrative penalty shall be ten thousand dollars ($10,000.00) for each specific act found to be in violation of that section. For violations of Section 3-1.215, possession, use, or discharge of dangerous fireworks, the administrative penalty shall be two thousand dollars ($2,000.00) for the first violation, three thousand #13..
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dollars ($3,000.00) for a second violation within any thirty-six-month period, and four thousand dollars ($4,000.00) for any subsequent violations within any thirty-six-month period. (b) For all violations of this chapter, other than Section 3-1.215 possession, manufacture, sale, use or discharge of dangerous fireworks, the amount of the administrative penalty shall be five hundred dollars ($500.00) for the first violation, one thousand ($1,000.00) for a second violation within any twelve-month period, and one thousand five hundred ($1,500.00) for any subsequent violations within any twelve-month period.
(c) For the purposes of this chapter, the term "responsible party" means any person or persons with the right of possession of the residence or other private property at which dangerous fireworks are possessed, manufactured, sold, used or discharged, including but not limited to:
(1) Any owner of the residence or other private property who occupies the residence or private property (hereinafter "owner-occupant"), meaning the record owner of real property as listed in the most current equalized assessment roll as maintained by the Stanislaus County Assessor at the time of the possession, manufacture, sale, storage, use or discharge of dangerous fireworks; (2) Any owner-occupant, lessee, licensee, or other person having control over a property, structure or parcel of land at the time of the possession, manufacture, sale, storage, use or discharge of dangerous fireworks;
(3) Any person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such a gathering where dangerous fireworks are possessed, manufactured, sold, used or discharged;
(d) Responsibility for Proper Property Management. Every owner, occupant, lessee, tenant, or holder of any possessory interest of a residence or other private property within the City is required to maintain, manage and supervise property and all persons thereon in a manner so as not to violate the provisions of this chapter. A responsible party need not be present at the time dangerous fireworks are possessed, manufactured, sold, used or discharged in order for the City to issue an administrative citation under this section.
(e) Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code.
(Ord. No. 3760-C.S., § 1, effective 5-4-23; Amended by Ord. 3779-C.S, § 1, effective 6-13-24) 3-1.304 Third-Party Administrative Citations.
(a) Whenever two or more private, adult persons observe a violation of Section 3-1.215 of the Modesto Municipal Code pertaining to possession, manufacture, sale, use or discharge of dangerous fireworks, they may request that an administrative citation be issued to a responsible party by an enforcement officer. The private persons will be required to sign an affidavit under penalty of perjury verifying that they personally observed a violation of Section 3-1.215, and may be required to testify at an administrative hearing as provided in the Modesto Municipal Code if the administrative citation is appealed. Failure of the private persons to testify at an administrative hearing if required by the department prosecuting the violation on behalf of the private persons may result in a dismissal of the administrative citation. The enforcement officer shall have the discretionary authority to issue an administrative citation to a responsible party where, on the basis of an affidavit and any other available evidence, a violation of Section 3-1.215 of the Modesto Municipal Code has occurred.
(b) Each third-party administrative citation shall contain:

1. The date of the violation;
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2. The address or a definite description of the location where the violation occurred;

3. The section of this Code violated and a description of the violation;

4. The amount of the fine for the Code violation;

5. A description of the fine payment process, including a description of the time within which and the place to which the fine must be paid;

6. An order prohibiting the continuation or repeated occurrence of the Code violation described in the administrative citation;

7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and

8. The name, signature and department issuing the citation on behalf of the private persons. (c) Each third-party administrative citation shall be accompanied by an affidavit from the private persons setting forth a description of the violation as observed by the private persons signed under penalty of perjury. (Ord. 3779-C.S, § 2, 5-14-24)
3-1.305 Response Cost.
(a) In addition to any fines or penalties which may otherwise be levied by the City pursuant to this article, the City shall be entitled to recover from any person found to be in violation of any provision of this article, the City's full response costs.
(b) For purposes of this article, the term "response costs" shall mean those reasonable and necessary costs directly incurred by the City for a response to a complaint of discharging illegal fireworks prohibited under this article and shall include the cost of providing police, code enforcement, fire, and/or other emergency response services at the scene to include, but not limited to:

1. Salaries and benefits of code and/or law enforcement and/or fire and/or emergency personnel for the full amount of time spent responding to, remaining at, or otherwise dealing with such illegal fireworks, and the administrative costs attributable to such responses;

2. The cost of any medical treatment to or for any code and/or law enforcement and/or fire and/or emergency personnel injured while responding to, remaining at, or leaving the scene; and

3. The cost of repaying for any City equipment or property damaged and the cost of the use of any such equipment used in responding to, remaining at or leaving the scene. (c) The expense of a response cost shall be a charge against the responsible party liable for expenses under this article. The charge constitutes a debt of that person and is collectible by the City in the same manner as in the case of an obligation under a contract, expressed or implied, except that liability for the expenses provided for in this article shall not be insurable and no insurance policy shall provide or pay for the expenses.
3-1.306 Agency and Authority
Section 103 of the 2025 California Fire Code is hereby adopted by reference, in addition to:

The MODESTO FIRE DEPARTMENT official in charge shall be known as the fire code official. The function of the agency shall be the implantation, administration and enforcement of the provisions of this code.

Section 103.3 of the California Fire Code is hereby adopted by reference, in addition to the following:
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 4, 2025
Date: October 14, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Agreement for the Operation of the King-Kennedy Memorial Center CONTACT: John Skeel, Recreation and Neighborhoods Manager, [email protected], 209-577-5216
DESCRIPTION:

Consider approving an Agreement for operation of the King-Kennedy Memorial Center to the West Modesto Community Collaborative of Modesto, CA, for ten (10) years. (Funding Source:

General Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-2026 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The King-Kennedy Memorial Center (“Center”) was constructed in 1968 with funding from the Department of Housing and Urban Development (“HUD”). The City operated, staffed, and offered community programming from 1968 until 2008. On May 23, 2006, by Resolution No. 2006-317, Council authorized the Parks, Recreation and Neighborhoods Department (“PRND”) to issue a Request for Information (“RFI”) inviting qualified non-profits to submit “Letters of Interest” to operate the Center. The West Modesto Community Collaborative (“WMCC”) was the only vendor/agency to submit a response. On June 12, 2007, by Resolution No. 2007-339, Council authorized PRND to enter negotiations with WMCC for management of the Center. On February 5, 2008, by Resolution No. 2008-081, the City of Modesto entered into an agreement with WMCC to manage and operate the Center.

In 2017, PRND staff established criteria for the outside agency operation of the Center and issued Request for Qualifications (“RFQ”) 1718-PRN-002 to 435 interested parties qualified to operate the Center. The WMCC was the only vendor/agency to submit a response. On August 8, 2018, by Resolution No. 2018-303, Council approved the agreement with WMCC to manage and operate the Center.
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On April 6, 2021, by Resolution No. 2021-110, Council approved the application for grant funds to renovate Dr. Martin Luther King Jr. Park (“MLK Park”) with construction of a gymnasium/multipurpose room, outdoor amphitheater stage, baseball field, basketball court, fitness stations, restrooms, safety lighting and walking paths. The MLK Park Renovation Project requires closure of the Center during construction tentatively scheduled from October 2025 through December 2026.

DISCUSSION:

The King-Kennedy Memorial Center was established in June of 1969 in response to recommendations from a West Modesto pilot committee. The committee identified several key issues impacting the West Modesto community including unemployment, lack of education, lack of job skills, feelings of apathy and isolation. Since its dedication, the Center has served as a community hub, providing a variety of services for West Modesto residents of all ages and abilities.

On March 11, 2025, staff issued Request for Proposal (“RFP”) INF-RFP-00013 for Facility Operations of King-Kennedy Memorial Center, viewed by 662 vendors. WMCC was the only vendor/agency to submit a response.

Due to unknowns regarding the construction of MLK Park, the operations agreement for the Center expired on June 30, 2025. A new agreement is urgently needed to guarantee that the partnership between WMCC and the City continues throughout construction and proper operation, and relocation protocol is determined to ensure the best interests of the community continue to be served.

WMCC provides mental health services, community engagement, after school programming, summer camps, intervention programs and other services to West Modesto. WMCC also hosts events open to the community for celebrations including Juneteenth. After a review and evaluation of their qualifications, staff have determined that WMCC is qualified to continue to operate the King-Kennedy Memorial Center and provide services to the community.

There are key changes to the new agreement’s scope of services, including a longer term seven (7) years with three (3) 1-year extension for a total of 10 years) to account for the closure of the Center during construction. Additional changes include protocols for transferring operations to another facility and management of the new gymnasium/multipurpose room structure. These changes will enable the City and WMCC to continue their partnership and ensure the Center is operating in a fashion that best supports the community. Additionally, the agreement stipulates a monthly rent of two thousand dollars ($2,000) and an estimated monthly utility bill of six hundred dollars ($600) which was not a provision in the previous agreement. This will assist with offsetting the City’s operation costs including remaining utilities and general maintenance.

FISCAL IMPACT:

Once WMCC reoccupies the Center after construction, this agreement includes an initial rental payment of two thousand dollars ($2,000) per month and an estimated six hundred dollars ($600) utility payment per month to assist in offsetting utility costs. These payments will generate an estimated thirty-one thousand two hundred dollars ($31,200) in annual revenue for the Recreation Division operating budget. The rental payment will increase fifty dollars ($50) each year WMCC continues to occupy the Center.
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COMMITTEE RECOMMENDATION:

Due to urgent nature of the action needed, as noted above, this item was not presented to Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Proposal and Agreement for operation of the King-Kennedy Memorial Center to the West Modesto Community Collaborative of Modesto, CA, for ten (10) years; and authorizing the City Manager, or his designee to execute the Agreement.

Approved by:

Jeremy Rogers, Director
Parks, Recreation and Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Operations Agreement with West Modesto Community Collaborative #14..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING THE AWARD OF PROPOSAL AND AGREEMENT

FOR THE OPERATION OF THE KING-KENNEDY MEMORIAL CENTER TO

THE WEST MODESTO COMMUNITY COLLABORATIVE OF MODESTO, CA, FOR TEN (10) YEARS; AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE THE AGREEMENT
WHEREAS, in 1968, the King-Kennedy Memorial Center (“Center”) was constructed for community programming and engagement, and WHEREAS, in 2008, Council, by Resolution No. 2008-081, approved an agreement with West Modesto Community Collaborative (“WMCC”) to manage and operate the Center, and
WHEREAS, on August 8, 2018, by Resolution No. 2018-303, Council approved a new agreement with WMCC to manage and operate the Center, and WHEREAS, on April 6, 2021, by Resolution No. 2021-110, Council approved the application for grant funds to renovate Dr. Martin Luther King Jr. Park (“MLK Park”) with construction of a gymnasium/multipurpose room near the Center resulting in the closure of MLK Park and Center during an undetermined construction period, and WHEREAS, on March 11, 2025, staff issued Request for Proposal (“RFP”) INFRFP-00013 for Facility Operations of King-Kennedy Memorial Center, and WHEREAS, after a review and evaluation of their qualifications, staff have determined that WMCC is qualified to continue to operate the King-Kennedy Memorial Center and provide services to the community, and
WHEREAS, WMCC provides mental health services, community engagement, after school programming, summer camps, intervention programs and other services information to West Modesto, and
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WHEREAS the City desires to enter a ten (10) year agreement with WMCC to operate the Center and ensure the Center is operating in a fashion that best supports the community.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Award of Proposal and Agreement for the operation of the King-Kennedy Memorial Center to the West Modesto Community Collaborative of Modesto, CA for ten (10) years.

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. #14..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of November 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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AGREEMENT FOR THE OPERATION OF THE KING-KENNEDY MEMORIAL CENTER
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this 1st day of July 2025, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and the West Modesto Community Collaborative, a California Non-Profit agency, hereinafter referred to as "CONSULTANT".

This AGREEMENT is made with regard to the following recitals:

A. CITY is the owner of King-Kennedy Memorial Center which is located at 601 S. Martin Luther King Drive, Modesto, California, hereinafter referred to as “FACILITY”; and B. FACILITY resides in Martin Luther King Jr. Park, hereinafter referred to as “PARK”; and C. FACILITY and PARK will undergo construction and closure for an estimated timeframe of October 2025 through December 2026 and result in the construction of an additional structure hereinafter referred to as “MULTIPURPOSE ROOM”.

D. “FACILITY” shall encapsulate both the original King-Kennedy Memorial Center structure and newly constructed MULTIPURPOSE ROOM upon completion of its construction.

E. The CITY desires to lease the FACILITY to CONSULTANT for the purpose of operating the FACILITY and providing community service programming; and F. The CITY issued Request for Proposal (RFP) RFP-00013 to solicit consultant services for operation of FACILITY for the benefit of the community; and G. Upon closure for construction, CONSULTANT will not operate or provide programs at FACILITY until construction concludes and CITY provides notice that operations may #14..
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begin, hereinafter referred to as “OPERATION DATE”. CONSULTANT shall not operate or have access to FACILITY during closure for construction without prior written approval from CITY until OPERATION DATE; and
H. CONSULTANT represents that it is qualified, willing, and able to manage the daily operations of the facility and provide community services.

NOW, THEREFORE, the parties mutually agree as follows:

1. SCOPE OF SERVICES
CONSULTANT shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) beginning on OPERATION DATE. The CONSULTANT shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and acceptable to the CITY. In addition, CONSULTANT shall comply with all requirements, duties, privileges, as set forth and described in Exhibit (A) (Outline of Services), Exhibit (B) (Monitoring and Reporting Requirements), Exhibit (C) (Employee-Volunteer Clearance Verification and Compliance with the Child Abuse and Neglect Reporting Act). Any and all exhibits which are referred to in this Agreement are incorporated herein by reference and are deemed a part of this AGREEMENT.

2. TERM OF AGREEMENT
This AGREEMENT shall commence on the EFFECTIVE DATE and continue for a period of SEVEN (7) years followed by THREE (3) one-year extension options for a total length not to exceed TEN (10) years from Effective Date. The CITY also retains the right to terminate this AGREEMENT prior to the expiration of the term, as provided in Section 12.

3. COMPENSATION
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CONSULTANT agrees to pay CITY for its right to use and operate FACILITY under this AGREEMENT, for the sum of TWO THOUSAND DOLLARS ($2,000) per month starting on OPERATION DATE while providing all services, staffing, and materials, and performing all duties and obligations in accordance with Exhibit (A).

A. On each year anniversary of the OPERATION DATE, the monthly rent payment shall increase by FIFTY DOLLARS ($50) as follows:
a. YEAR 1 (OPERATION DATE): $2,000 per month
b. YEAR 2: $2,050 per month
c. YEAR 3: $2,100 per month
$50 increase per term year of monthly rent until AGREEMENT completion.

4. OBLIGATIONS OF CONSULTANT
Throughout the term of this AGREEMENT, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSULTANT warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the services contemplated by this AGREEMENT.

A. CONSULTANT will be responsible for maintaining all necessary certification for the safe operations of all FACILITY function including, but not limited to, Safe Serve Certification for operation of the kitchen.

B. CONSULTANT understands and agrees that waste removal services including garbage and organic waste will be at the CONSULTANT’s expense beginning on OPERATION DATE. CONSULTANT shall be responsible for separating organic waste from trash to #14..
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the best of their ability. CITY shall be responsible for the remaining utilities, including electricity, water, gas, sewer, and storm drain.

C. CONSULTANT shall be responsible for conducting community services at the FACILITY consistent with CITY policies and procedures for FACILITY operations.

CONSULTANT’s operational obligations shall include staffing of the FACILITY to run the community services.

D. CONSULTANT understands a new MULTIPURPOSE ROOM shall be constructed during the FACILITY closure. This building is to be accessible to the public for general usage during specified times, hereinafter referred to as “PUBLIC USAGE HOURS”. a. CONSULTANT shall be responsible for managing and monitoring PUBLIC USAGE HOURS of the MULTIPURPOSE ROOM in a manner satisfactory to CITY.
b. PUBLIC USAGE HOURS are determined by the STATE of CALIFORNIA.

Current requirements are Sunday through Saturday, 8AM to 5PM. CITY may submit an alteration request to the STATE OF CALIFORNIA to amend the PUBLIC USAGE HOURS upon CONSULTANT’s request. The CITY does not guarantee and/or imply requests will be approved.

E. Upon OPERATION DATE, CONSULTANT shall have access and management of all rooms and storage areas of the FACILITY, with the exception of the storage room closest to the MULTIPURPOSE ROOM and the office facing the entry doors. The storage room and office will be retained for CITY use only for storage of programming and event equipment and CITY staff use.
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F. CONSULTANT will be provided keys and the alarm code to the FACILITY for purposes of providing programs and services at the FACILITY and will have primary responsibility for the opening, closing, locking and arming the security system of the FACILITY. Upon OPERATION DATE, CONSULTANT will have responsibility for the reasonable care and security of the FACILITY. CONSULTANT will have primary responsibility for notification, verification, dispatch and/or physical response for alarm triggers.

G. CONSULTANT shall not operate or have access to FACILITY during closure for construction without prior written approval from CITY until OPERATION DATE. No food and/or perishable items may be stored in the FACILITY during closure. a. CONSULTANT understands that FACILITY will be subject to large scale repairs, maintenance and/or improvements during the FACILTY closure. As a result, CONSULTANT must relocate all CONSULTANT property to the auditorium prior to FACILITY closure.
b. CONSULTANT shall be provided a minimum notice of two weeks to coordinate with CITY staff to gain access to FACILITY to relocate CONSULTANT property out of the auditorium for the completion of outstanding repairs. CONSULTANT shall not receive any compensation for the relocation of CONSULTANT property.

H. CONSULTANT agrees that it will not suffer nor allow FACILITY, nor any portion of FACILITY to be used for any purposes other than those specified and authorized by the terms of this AGREEMENT or in writing by the CITY. CONSULTANT shall not, without CITY’s prior written consent, make any alterations, improvements, or additions in, on, or about the FACILITY. On the last day of this AGREEMENT, CONSULTANT shall #14..
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surrender the FACILITY to CITY in good repair and condition, normal wear and tear excepted, and clear of all CONSULTANT property and equipment. CONSULTANT understands that CITY, through its representative, may take reservations and book persons or groups in the FACILITY during available hours that do not interfere with CONSULTANT’s scheduled programs. CONSULTANT shall not interfere with such other activities in the FACILITY.

I. CITY agrees that CONSULTANT may conduct fundraising activities at FACILITY with the prior written notice to the CITY.

J. CONSULTANT agrees that any and all personnel, either paid or volunteer, whom CONSULTANT utilizes in conducting the community services shall be qualified to perform the duties assigned to them.

K. CONSULTANT understands and agrees that the permission granted herein by the CITY to CONSULTANT to use the FACILITY is contingent upon the FACILITY being CITYowned property and being in a safe and usable condition and that if, at any time during the term of the AGREEMENT, the FACILITY should no longer be CITY-owned property or should become unsafe or unusable for any cause or if CITY terminations for any other reason, CITY shall have no obligation to provide other facilities. CONSULTANT further affirms and acknowledges that CONSULTANT has no relocation rights with respect to the FACILITY or the community services if this AGREEMENT is terminated for any reason.

5. MONITORING AND REPORTING
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CITY and the community, CITY reserves the right to monitor CONSULTANT’s operations within the FACILITY.

A. At CITY’S request, CONSULTANT shall furnish data, statements, records, information and reports necessary for CITY to monitor, review and evaluate the performance of the CONSULTANT as described in Exhibit (B).

B. CONSULTANT understands that after reasonable notice to Consultant and at any time during normal business hours, and as often as may be deemed necessary, CITY or its authorized representatives shall have access to and the right to examine the FACILITY and CONSULTANT’s operations.

6. INVENTORY AND USE OF EQUIPMENT
CITY agrees to make available to CONSULTANT, at CITY’s sole discretion, certain CITYowned equipment and furnishings for CONSULTANT’s use for conducting community services.

An inventory of such CITY-owned equipment and furnishings in the FACILITY as of the OPERATION DATE of this AGREEMENT, is included in Exhibit (A). CONSULTANT agrees to maintain all CITY equipment and furnishings in good condition and working order to return items to CITY in the same condition as when received by CONSULTANT, reasonable wear and tear expected. CONSULTANT agrees to reimburse CITY for any and all repairs made necessary to any or all of CITY’s equipment and furnishings except that occasioned by such reasonable wear and tear.

CONSULTANT further agrees to maintain all such equipment and furnishings in good and safe working condition and not to permit use of such equipment and furnishings unless so maintained.

7. CONFLICT OF INTEREST
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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 shall use reasonable efforts to avoid employing 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 may be void and CONSULTANT will not be entitled to any compensation for services performed to the extent such compensation is prohibited by law. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT if so, required at the option of CITY.

8. INDEPENDENT CONSULTANT
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 consultants and not as agents, officers, or employees of CITY. CONSULTANT, by virtue of this AGREEMENT, has no authority to bind or incur any obligation on behalf of CITY.

CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. No agent, officer, or employee of the CITY is to be considered an employee of CONSULTANT. It is understood by both CONSULTANT and CITY that this AGREEMENT shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. CONSULTANT, its agents, officers and employees are and, at all times during the terms of this AGREEMENT, shall represent and conduct themselves as independent consultants and not as employees of CITY.
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CONSULTANT shall determine and control the method, details and means of performing the work and services to be provided by CONSULTANT under this AGREEMENT. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this AGREEMENT, and, except as expressly provided in this AGREEMENT, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this AGREEMENT. CONSULTANT has control over the manner and means of performing the services under this AGREEMENT. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this AGREEMENT.

If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this AGREEMENT.

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

It is understood and agreed that as an independent consultant 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 CONSULTANT, CONSULTANT hereby indemnifies and holds CITY harmless from any and all #14..
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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

9. 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.

10. NOTICES
Notice required by this AGREEMENT shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; 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 Modesto Community Collaborative
Address: 601 Martin Luther King Drive, Modesto, CA 95351 Attention: Perfecto Munoz
Phone: (510)502-2657
Email: [email protected]
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11 King-Kennedy Memorial Center Operations Agreement
FOR CITY:

Name: Parks, Recreation and Neighborhoods Department
Address: P.O. Box 642
Modesto, CA. 9553
Phone: (209) 577-5344
Email: [email protected]

11. 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 the attached Exhibit (D), attached hereto and incorporated herein, and shall otherwise comply with the other provisions of Exhibit (D). CONSULTANT is responsible for uploading updated insurance documentation to the City's "PINS Advantage" program.

12. 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 CONSULTANT Due to Lack of Funding
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12 King-Kennedy Memorial Center Operations Agreement
CITY recognizes that CONSULTANT is a non-profit organization dependent upon grants and donations for its operations. Should such funding no longer be available to support the services required by this Agreement, and Consultant has made a diligent effort to secure other sources of funding without success, CONSULTANT shall have the right to terminate this Agreement upon thirty (30) days’ written notice to CITY.

FORCE MAJEURE
CONSULTANT's performance under the AGREEMENT is excused and rent is not payable when conditions encountered during the service make it impossible or impracticable to proceed, due to act of God, pandemic, by law, or by official action of a public authority, or other reason beyond the reasonable control of CONSULTANT
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 subconsultants 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 #14..
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13 King-Kennedy Memorial Center Operations Agreement
CONSULTANT or subconsultant include lost profits for portions of the work not completed or undertaken, including materials not delivered; d) Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONSULTANT in performing the work whether completed or in process;
e) Settle outstanding liabilities and claims, subject to the approval of CITY; f) Complete performance of such part of the Service as has not been terminated; g) Take such other actions as may be necessary, or as may be reasonably 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, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT's work on the project.

Authorization to Terminate Agreement
Termination of the AGREEMENT may be invoked by the City Manager, or his/her designee, subject to the terms and conditions of this Agreement and 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. #14..
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14 King-Kennedy Memorial Center Operations Agreement

13. INDEMNITY
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, 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, to the extent 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 negligence or willful misconduct of the CITY or its officials, officers, employees or agents.

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 subconsultant 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 subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
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15 King-Kennedy Memorial Center Operations Agreement

14. 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.

15. ATTORNEY’S FEES
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

16. 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.

17. 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 #14..
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16 King-Kennedy Memorial Center Operations Agreement
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.

18. 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 under this AGREEMENT. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original AGREEMENT prior to the performance of the additional work.

19. 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.

Other related materials, the originals of all such data generated under this AGREEMENT will be delivered to CITY upon the completion or termination of services under the AGREEMENT.

20. 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.
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17 King-Kennedy Memorial Center Operations Agreement

21. GOVERNING LAW
This AGREEMENT shall be governed according to the laws of the State of California.

22. HEADINGS NOT CONTROLLING
Headings used in the AGREEMENT are for reference purposes only and shall not be considered in construing this AGREEMENT.

23. COMPLIANCE WITH LAWS
CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

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

24. CITY BUSINESS LICENSE
CONSULTANT will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT 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 ________________, 20___, and West Modesto Community Collaborative has caused this AGREEMENT to be duly executed as of the Effective Date.

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Exhibit (A) – Outline of Services
A. LEVEL OF SERVICE
WEST MODESTO COMMUNITY COLLABORATIVE (CONSULTANT) shall provide the community services as described in this EXHIBIT and such other services set forth herein or as approved by City Manager or his designee.

CONSULTANT shall provide these community services at the FACILITY within all specifications, guidelines and expectations set forth in the City Parks and Recreation's Facility Use Rules and Regulations for use of FACILITY.

CONSULTANT shall provide updated Scope of Services to CITY on an annual basis, due no later than 30 days prior to commencement of next term. In the event CONSULTANT desires to modify the Scope of Services or Schedule of Community Services or Other Services after initial submittal, CONSULTANT shall notify CITY REPRESENTATIVE of requested modifications.

Any substantial reduction in the level of services provided at the FACILITY (more than 25%) may result in amendment or termination of this Agreement. Any use of the FACILITY by CONSULTANT for an activity that is not an approved community service shall be subject to corrective action, at a minimum, the City's Facility Use fees and charges and/or termination of this Agreement by City.

B. FACILITY USAGE
CONSULTANT understands and agrees to abide by the Parks, Recreation and Neighborhoods (PRN) Facility Use Rules and Regulations.

A newly constructed MULTIPURPOSE ROOM adjacent to the FACILTY will be available for PUBLIC USE HOURS and private usage at the conclusion of the PARK and FACILITY construction.

CONSULTANT will assume scheduling and management of private usage of the MULTIPURPOSE ROOM by all user-groups, including the CITY. PUBLIC USE HOURS of the MULTIPURPOSE ROOM will be monitored, managed and staffed by CONSULTANT.

CONSULTANT shall be responsible for the scheduling and management of FACILITY usage by the King-Kennedy Memorial Center Board of Directors, NAACP Modesto Stanislaus Branch 1048, and The Women’s Auxiliary, A Modesto Community Connection. The usage of the FACILITY by these non-profit organizations will be considered CONSULTANT use and will be covered by the CONSULTANT’s insurance and staffed and secured by CONSULTANT personnel.

CONSULTANT’s use of the FACILITY outside normal operating hours for its own purposes, will be permitted for the conducting of Community Services only. All such usage by the CONSULTANT shall be covered by CONSULTANT’s insurance and staffed and secured by CONSULTANT personnel.

CONSULTANT shall be responsible for the scheduling and management of FACILITY usage outside normal operating hours by all other person(s) or organizations. All such usage shall be insured by CONSULTANT or by user and staffed and secured by CONSULTANT personnel. #14..
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CONSULTANT shall allow CITY usage of the FACILTY outside normal operating hours for CITY Functions.

CONSULTANT, at CITY’s request, shall submit hours for Community Service programs to City Representative on an annual basis. CONSULTANT shall post for public display and perform outreach activities for Community Services at the Facility and provide, at a minimum, program marketing publications detailing programs, services, events, and hours of operations.

CONSULTANT may, but shall not be required to, list activities on CONSULTANT website.

C. TARGET POPULATIONS FOR COMMUNITY SERVICES
CONSULTANT will provide services to unserved and underserved children, individuals, and families in west Modesto, included but not limited to those who are Latino/Hispanic, African American, Asian, Pacific-Islander, Caucasian, Middle Eastern, LGBTQ, and those who are at-risk or exhibiting the onset of serious mental illness and the families of this population with a primary intent of focusing services on members of the West Modesto community.

D. HOURS OF OPERATION
Upon OPERATION DATE, CONSULTANT 's regular business hours shall be as follows:
• Monday- Thursday: 8:00am - 5:00 pm., Fridays 8 a.m. to noon, except for federal holidays. Any changes to standard business hours must be approved by CITY with a minimum of 2 weeks' notice and public posting.
• Additionally, upon OPERATION DATE, CONSULTANT shall be responsible for managing and monitoring PUBLIC USAGE HOURS of the MULTIPURPOSE ROOM regardless of the CONSULTANT’s regular business hours.
• CONSULTANT is required to staff and manage PUBLIC USAGE HOURS determined by the STATE OF CALIFORNIA. Current requirements are Sunday through Saturday, 8AM to 5PM. CITY may submit an alteration request to the STATE OF CALIFORNIA to amend the PUBLIC USAGE HOURS upon CONSULTANT’s request. The CITY does not guarantee and/or imply requests will be approved.

E. SCOPE OF SERVICES
CONSULTANT shall organize programs/activities that provide services to include, but may not be limited to, one or more the following activities:
• Recreation
• Youth
• Senior
• Mental Health
• Community Engagement
• Healthy Lifestyles
• After School Program
• Summer Camps
• Intervention Programs
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The scope of community services will be based on the funding available to CONSULTANT.

F. CITY-OWNED EQUIPMENT AND FURNISHINGS
CITY agrees to make available to CONSULTANT, subject to the provisions in SECTION 6 of the Agreement, the following CITY-owned equipment, and furnishings for CONSULTANT 's use in the conduct of programs at the FACILTY:

Equipment Quantity
Tables 5’ Round 10
Tables 8’ Rectangular 20
Chairs (Black Stacking) 178
Chairs (Black Folding) 28
Commercial Refrigerator (Brand: True) 1
Commercial Freezer (Brand: True) 1
Ice Machine (Brand: Manotowoc) 1
Commercial Dishwasher (Brand: Champion) 1
Commercial Gas Stock Pot Range – Single 3 Ring Burner
(Brand: Imperial)
2 Stove ½ cooktop, ½ 4 burner range (Brand: American) 1 Commercial ICV-2 Double-Stack Convection Oven (Brand:

Imperial)
1 Commercial Mixer (Brand: Berkel) 1
Microwave (Brand: Panasonic) 1
Commercial Garbage Disposal (Brand: Salvajor) 1
Mounted TV: Auditorium (Size: 75”) 1
Mounted TV: Classroom (Size: 65”) 1
Auditorium Sound System: (1 pair speakers, 1 lapel
microphone, 4 handheld microphones, mixer, transmitter) 1 CITY and CONSULTANT understand and agree that CITY shall be responsible at CITY’S cost for the scheduling, repair, and maintenance of the FACILITY. CONSULTANT will provide any maintenance #14..
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and repair requests to the CITY in writing by emailing [email protected]. A confirmation of receipt will be provided to CONSULTANT as soon as possible.

CITY and CONSULTANT agree that any CONSULTANT use of the FACILITY and PARK and amenities shall be coordinated to avoid programming conflicts.

CONSULTANT understands and agrees to manage/coordinate the shared use of furniture, equipment, supplies, and materials for the FACILITY.
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Exhibit (B) - Monitoring and Reporting Requirements
A. Fiscal Responsibilities of CONSULTANT:

CONSULTANT shall:

1. Appoint and submit to CITY the name of a fiscal contact who shall be responsible for the financial and accounting activities of CONSULTANT, including the receipt and disbursement of CONSULTANT funds.

2. Establish and maintain a system of accounts that shall conform to generally accepted principles of accounting for budgeted funds consistent with the practices of similar small non-profits.

3. Document all costs by maintaining complete and accurate records of all financial transactions, including but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statement s and/or other official documentation, evidencing in proper detail the nature and propriety of all charges.

4. Submit annual reports as outlined below in SUCH form as CITY shall require.

B. Records, Reports and Audits of CONSULTANT:

1. Final Report: CONSULTANT shall submit to the CITY Representative a final report of operations no later than 30 calendar days after the end of this AGREEMENT, for services and financial transactions performed under the provisions of this AGREEMENT.

CONSULTANT will demonstrate compliance to scope of services, identify all sources of funding, including fee generation, received during the period as well as detailing expenditures for such operating costs.

2. Annual Report: CONSULTANT shall submit to the CITY Representative an annual within 30 days of the conclusion of each term after OPERATION DATE. The Annual Report shall be used by CITY as one element in evaluating CONSULTANT's programing, use, and operation of the FACILITY. This report will be presented to City Council by City Representative on an annual basis as a verbal update.
i. Report shall include quarterly breakdowns of programs offered, program attendance, and individuals served (both duplicated and unduplicated). ii. Report shall include annual totals for the categories outlined above along with a general narrative regarding FACILITY use and operations.

3. Establishment and Maintenance of Records: CONSULTANT shall maintain records including, but not limited to, books, financial records, supporting documents, statistical records, personnel, property, and all other pertinent records sufficient to reflect properly:
i. All direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred in the performance of this Agreement; and ii. All other matters covered by this AGREEMENT. Such records shall be maintained in accordance with requirements now or hereafter prescribed by the CITY.

4. Preservation of Records: CONSULTANT shall preserve and make available its records to CITY representative in the event of both monitoring and audits:
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i. Financial Records: CONSULTANT shall establish and maintain at all times, on a current basis in connection with the provision of program, an adequate accounting system in accordance with generally accepted accounting principles and standards and consistent with practices of similar small non-profit organizations , covering all revenues, costs and expenditures with respect to CONSULTANT's performance under this AGREEMENT. CONSULTANT shall preserve and make available its records under this SECTION until the expiration of three (3) years from the date of termination or expiration of this Agreement, or for such longer period, if any, as is required by applicable law; or.
ii. Program Records: CONSULTANT shall preserve and make available its records until the expiration of four ( 4) years from the date of termination or expiration of this AGREEMENT, or for such longer period, if any, as may be required by applicable law.

5. Examination of Records and Facilities: At any time during normal business hours, after providing Consultant with reasonably written notice, and as often as may be deemed necessary, CONSULTANT agrees that CITY, and/or any of its respective authorized representatives shall have access to and the right to examine any of its programs, offices and/or facilities engaged in performance of this Agreement and all its records with respect to all matters covered by this Agreement. CONSULTANT also agrees that the CITY, or any of its authorized representatives shall have the right to audit, examine, and make excerpts or transcripts of and from such records, and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials, and all other data relating to matters covered by this Agreement. CITY may examine records or facilities pursuant to this Section throughout the term of this Agreement.

6. Audits
i. Independent Audits: CONSULTANT shall submit an agency audit that conforms to generally accepted auditing standards and that Includes the following components:
a. Balance Sheet or Statement of Financial Position
b. Statement of Support, Revenue and Expenses and Changes in Fund Balances or Statement of Activities
c. Statement of Functional Expenses
d. Independent Auditor's Report. If the audit includes a Management Letter, this must also be submitted to the CITY.
e. Schedule of Government Financial Assistance which identifies the gross amounts of grants obtained from the CITY and other governmental sources and shows the amount received and disbursed under each grant during the audited fiscal year
f. Report on Compliance and on Internal Control over Financial Reporting based on an Audit of Financial Statements performed in Accordance with Government Auditing Standards indicating that a review of internal controls was performed and identifying material weaknesses and/or reportable conditions, if any.
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g. Funds may be set aside in CONSULTANT’S budget in an amount equal to cost of the audit, if required.
h. CONSULTANT's contract with its independent auditor shall require that the audit ascertains and determines that no services provided by the CONSULTANT under this AGREEMENT are duplicative of services provided to another agency from which CONSULTANT receives funding and are not being reimbursed from funding received from another agency. i. CONSULTANT shall also submit a written agency management response to the findings of the Internal Control Report, if required. j. CONSULTANT shall obtain three (3) bids for an outside auditor to conduct the agency audit. The agreement with an outside auditor can span a term of multiple years but it is highly recommended that the CONSULTANT rotate independent auditors every three years.
k. CONSULTANT shall enter into an agreement with an outside auditor no later than sixty (60) days before the end of the third full Fiscal Year following OPERATION DATE calling for a financial and compliance audit of CONSULTANT's Fiscal Years that are covered by this Agreement. The written agreement may be in the form of an engagement letter prepared by the auditor and approved by CONSULTANT.
l. An audit report must be completed and sent to the CITY's Parks, Recreation and Neighborhoods Department within one hundred fifty ( 150) days of the end of the third full Fiscal Year covered by this Agreement. If this Agreement expires or is terminated on a date that occurs after the period covered by the foregoing audit, CONSULTANT shall deliver an audit report within two hundred and fifty (250) days after the expiration or termination of this Agreement auditing the period not covered by the prior audit. The CONSULTANT Fiscal Years ends June 30.
m. Should CONSULTANT not enter into an agreement with an outside auditor or should an audit not be done on a timely basis, the CITY, at its discretion, may enter into an Agreement with an independent auditor to do the audit at CONSULTANT's expense.
n. CONSULTANT shall submit to CITY the copies of management letters the auditor prepares for CONSULTANT as part of the audit engagement. o. All audits must be performed by Certified Public Accountants currently certified and licensed to practice in the State of California. CONSULTANT must have Auditor's proof of current licensing on file in CONSULTANT's office. CONSULTANT must submit to the CITY's Parks, Recreation and Neighborhoods Department, a copy of Auditor's certification to practice in California with the audit.
ii. CITY Audits
a. The CITY may perform an independent audit at City sole cost and expense.

Such audits may cover programmatic as well as fiscal matters.

CONSULTANT will be afforded an opportunity to respond to any audit #14..
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findings, and have the responses included in the final audit report. Costs of such audits will be borne by the CITY.

C. Monitoring

1. CONSULTANT agrees to cooperate with CITY on the implementation and monitoring of this Program and to comply with reasonable requests for reporting and data collection established by CITY including, but not limited to, submission of reports as outlined in this Agreement.
a. Site Visits: CONSULTANT shall cooperate with visits from the CITY, for the purpose of verifying the implementation, interviewing staff, and/or verifying supporting documentation.
b. Data Collection: CONSULTANT agrees to perform ongoing data collection and sharing in accordance with CITY process to ensure effective service delivery in compliance with this Agreement.

Source of Funding - WMCC
Name of grant/agency Focus of grant Amount
Sutter Valley Hospitals Mental Health Support $175,000.00 State of California - CWOP Support California Workers $675,000.00 The California Endowment Promoting Community Health and Resilience $90,000.00 Kaiser Permanente Mental Health Support $75,000.00
Sunlight Foundation Pregnancy and Young Child Support $50,000.00 SCF - Civic Solutions Fund Community Outreach Support $25,000.00 UC Merced Support California Workers $15,510.00
The Giving Machine Support Community Families $9,925.00 American Heart Association Healthier Communities Support $6,000.00 Merced Community College HRTC Steering Committee Support $5,000.00 Stanislaus County Mark Twain Junior High Student Support $5,000.00 SaveMart - CARES grant Community Healthy Foods Support $5,000.00 Sierra Health Foundation Community Health Support $3,000.00 Beam Circular Community Steering Committee Support $1,600.00 Total: $1,141,035.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 4, 2025
Date: October 29, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Update and Direction on Seventh Street Village CONTACT: Edgar Garcia, Community Development Manager
[email protected], (209) 571-5101
DESCRIPTION:

Consider an update regarding the Seventh Street Village Project as proposed, provide direction on current and additional funding for the project and direction on whether to hold the required Tax Equity and Fiscal Responsibility Act (TEFRA) hearing. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2025-2026 Strategic Plan Quality of Life Goal C:

Develop a Homelessness and Housing Plan.

BACKGROUND:

Visionary Home Builders of California, Inc. (VHB) submitted their Tier 1 proposal by the Request for Proposal (RFP) deadline of January 25, 2023 and submitted for the State of California Affordable Housing and Sustainable Communities (AHSC) grant, for a project located on 7th Street between I and J Street in coordination with the City.

On March 14, 2023, by Resolution No. 2023-122 City Council authorized the joint application for Seventh Street Village and the pre-commitment of an amount not to exceed $7,967,750 from the Housing and Urban Development Funding and the City’s Capital Facility Fees affordable housing exemption program contingent on the award of the Affordable Housing and Sustainability Program (AHSC) funding.

On September 12, 2023, by Resolution No. 2023-421, City Council accepted the award for a State of California Affordable Housing and Sustainability Program in the amount of $33,010,880 for the development of Seventh Street Village as well as any grant required transportation improvements. By Resolution No. 2023-424 the City committed funding not to exceed $7,000,000 in affordable housing funding, $967,500 in a Capital Facilities Fee (CFF) exemption, for a project cost of $60,429,626.
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City Council, November 4, 2025
Update and Direction on Seventh Street Village

Page 2 of 3 ends

The Seventh Street Village development is proposed on four parcels totaling .88 acres. The project is comprised of 79 housing units with a mix of 1-bedroom, one-bath, 2-bedroom, onebath, and 3-bedroom two-bath units.

The project is within walking distance of public transportation, recreation, an elementary and high school, and within proximity to shopping and services. These nearby services and amenities will enhance the marketability of the subject property and the enhanced level of design will provide a sense of community and pride.

DISCUSSION:

On December 11, 2024, the California Tax Credit Allocation Committee (CTCAC)1 presented Seventh Street Village with its award notification as part of the 4% Tax Credit program. The tax credit award in the amount of $37,517,305 was the final amount needed to complete the development of Seventh Street Village.

However, during this period of time, the project costs increased by about $15 million bringing the new project budget to $75.3 million. As staff was made aware, they began to collaboratively work with the developer to reconcile the project budget to account for the project increase.

On July 31, 2025, staff met with the developer regarding the investor bids, and the available funds to develop the project. At that time staff were made aware that investor bids originally estimated at $.93 cents on the dollar, came in at $.84 cents on the dollar resulting in a $4 million gap. Additionally, during this meeting, it was determined that the project budget did not account for the required demolition of the road, or reconstruction of 7th Street as were listed as conditions of their planning project approval, which resulted in a $7.5 million gap.

In August 2025, staff continued to work with the developer to identify changes to the project scope with the goal of balancing the budget. At this time, the following proposed reductions were submitted to the City:
 Parking reduction to 1 floor of parking so 110 stalls would now be 51 stalls  Façade reduction from brick to stucco that includes waterproofing material adjustments  Reduction from 3 stairways to 2 stairways
 Simplification of the roof garden and mezzanine design elements  Adjusted interior finishes to more cost-effective options.

As a result of these scope reductions the gap was reduced to $4.2 million ($3.5 million for 7th Street; and $700k gap in housing budget). Staff continued to ask for options to balance the project budget. On September 24, 2025, staff met with the developer to discuss concerns with the project gap, and increased costs. Both parties continued to look for options to address the project deficit.

City staff met regularly with Visionary Home Builders since September 24th to address the City’s concerns. On October 10, 2025, Visionary Home Builders identified additional sources of funding which decreased the funding gap in the housing budget to about $1.7 million. Visionary proposed that this gap be covered by the AHSC – Surface Transportation Infrastructure funding that was identified in the AHSC Grant application for this purpose. 1 The California Tax Credit Allocation Committee (CTCAC) https://www.treasurer.ca.gov/ctcac/tax.asp #15..
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City Council, November 4, 2025
Update and Direction on Seventh Street Village

Page 3 of 3 ends

As part of the AHSC application, there is a transportation infrastructure component that needs to be completed and is the City’s responsibility to complete. The transportation infrastructure portion of the AHSC Grant that requires the completion of improvements on 9th Street to I Street, and I Street to 14th Street. The estimated cost of the scope of work was approximately $13 million in 2023 based on construction estimates. Since this time, the cost has been reviewed and it is now estimated to cost approximately $21 million.

The current amount in available funds from the grant is $7,226,759, and the City has already dedicated $5,000,000 in Measure L, which totals $12,226,759 in available funds.

This leaves an approximate $9.3 million deficit in the transportation infrastructure component that will require additional Measure L funding to close the gap in anticipated costs.

FISCAL IMPACT:

The funding for this program will come from the following sources: U.S. Department of Housing and Urban Development Community Development Block Grant (CDBG) in an amount not to exceed $2,000,000 from fund (1130) and HOME Investment Partnership Program (1170) in the amount of $5,000,000 that is pending Council approval. The allocation from the City for the transportation infrastructure budget at this time is anticipated to be covered by Measure L in the amount of $5,000,000.

Additional funds necessary to fill the project deficit will be required to be absorbed by an alternative funding source which will likely be Measure L. Use of any additional Measure L funds will reduce or eliminate other projects already assigned to the City’s Measure L Capital Improvement Program schedule.

COMMITTEE RECOMMENDATION:

This item was presented to the Citizen’s Housing and Community Development Committee on March 9, 2023. This item has not returned for Committee consideration since the project has changed, and costs have increased.

RECOMMENDED COUNCIL ACTION:

Motion to accept an update regarding the Seventh Street Village Project as proposed, provide direction on current and additional funding for the project and whether to hold the required Tax Equity and Fiscal Responsibility Act (TEFRA) hearing.

Approved by:

Jessica Hill, Director of Community and
Economic Development
Joseph P. Lopez, City Manager
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Modesto City CouncilNovember 4, 2025

Modesto City Council
November 4, 2025