DISCUSSION:
On November 07, 2023, by Resolution 2023-490, Council approved the plans and specifications for the Regional Water Recycling Facility – Sutter Campus Parking Lot and Security Upgrade project as well as the award of the Construction contract to George Reed, Inc., Modesto, CA, for the construction of the project.
During the project, staff identified the need to incorporate the newly installed planters1 into the existing Landscape Agreement held with Grover for the maintenance requirements of the planter areas and associated trees, shrubs, and irrigation lines.
Additionally, the City is currently in the planning and design phase of the relocation of the Sewer Lift Station located on the corner of Encina Ave. and Trask Ln. Staff determined the Water Department’s, Well 204 site will house the new lift station. This site will also be incorporated into the Wastewater Division’s Landscape Maintenance Agreement with Grover.
Staff determined that an increase to the existing agreement to a new estimated annual average amount of $240,465 for a new total of $1,148,858 over five (5) years is needed to cover the additional services.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” This service is necessary for maintaining proper function of the City’s storm basins, lift stations, and managing stormwater runoff at the Modesto Regional Water Recycling Facility Sutter Campus and Jennings Campus as required by the City’s State regulated Stormwater Discharge permit.
FISCAL IMPACT:
The anticipated annual cost of $240,465 has been budgeted within the Sewer Operations Fund (4210) and Storm Drain Fund (4480) and various Community Facilities Districts (CFD) Funds.
The current estimated annual increase of $29,628 for Years 2-5 will impact only the Sewer Operations Fund (4210) in the Fiscal Year 2025-26 and 2026-27 operating budget in accordance with the anticipated agreement amounts displayed in the tables below. 1 The Sutter entrance projects added an additional 33,595 sq. ft. of planter space, including 2,200 trees, shrubs, grasses and groundcover, and all supporting irrigation, as required to meet Stormwater regulations. #8..
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City Council, December 09, 2025
First Amendment to Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services Agreement
TABLE 1. ORIGINAL ESTIMATED AGREEMENT EXPENDITURES
Annual Services Repair Services CPI + Fuel (8%) Total
Year 1 $156,000 $31,000 $0 $187,000
Year 2 $156,000 $31,000 $0 $187,000
Year 3 $156,000 $33,696 $12,480 $202,176
Year 4 $168,480 $36,392 $13,479 $218,351
Year 5 $181,959 $39,304 $14,557 $235,820
Total 5-Year Expenditure $1,030,347
Estimated Annual Average $206,069
Estimated Annual Average (Years 2-5) $210,836
TABLE 2. ESTIMATED ADDITIONAL SERVICES COSTS
New Site Services New Repair Services CPI + Fuel (8%) Total Year 1 $0 $0 $0 $0
Year 2 $21,652 $4,331 $0 $25,983
Year 3 $21,652 $4,331 $2,079 $28,062
Year 4 $23,731 $4,747 $2,279 $30,757
Year 5 $26,010 $5,202 $2,497 $33,709
Total Additional Services 5-Year Expenditure $118,511
Additional Estimated Annual Average (Years 2-5) $29,628 TABLE 3. AMENDED 5-YEAR AGREEMENT EXPENDITURES
Annual Services New Services New Total
Year 1 $187,000 $0 $187,000
Year 2 $187,000 $25,983 $212,983
Year 3 $202,176 $28,062 $230,238
Year 4 $218,351 $30,757 $249,108
Year 5 $235,820 $33,709 $269,529
Total Amended 5-Year Expenditure $1,148,858
Amended Estimated Annual Average (Years 2-5) $240,465
COMMITTEE RECOMMENDATION:
This item was presented to Economic Development Committee on November 03, 2025, and was recommended to be forwarded to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA, for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services, increasing the Agreement amount by $118,511, to a new estimated annual amount of $240,465, a new total amount not to exceed $1,148,858 through the term of the agreement; and authorizing the City Manager, or his designee, to execute the Amendment. #8..
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City Council, December 09, 2025
First Amendment to Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services Agreement
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolution 2025-XXX
2. First Amendment
3. Original Agreement
4. CA Levine Act Disclosure Form
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MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX
RESOLUTION APPROVING THE FIRST AMENDMENT WITH GROVER
LANDSCAPE SERVICES, INC., MODESTO, CA FOR THE LANDSCAPE,
MAINTENANCE, WEED ABATEMENT, TRASH REMOVAL, AND RODENT
CONTROL SERVICES, INCREASING THE AGREEMENT AMOUNT BY
$118,511, TO A NEW ESTIMATED ANNUAL AMOUNT OF $240,465, A NEW TOTAL AMOUNT NOT TO EXCEED $1,148,858 THROUGH THE TERM OF THE AGREEMENT; AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, the City of Modesto Wastewater Division is responsible for maintaining the sewer and storm lift stations, stormwater basins, and Regional Water Recycling Facilities: Sutter Campus and Jennings Campus; and WHEREAS, these properties require landscaping services that include, but are not limited to, real property landscape maintenance, weed abatement, trash removal, and rodent control to maintain their proper functioning and eliminate safety risks; and WHEREAS, on August 27, 2024, by Resolution 2024-305, Council approved an Agreement with Grover Landscape Services, Inc. for landscape maintenance, weed abatement, trash removal, and rodent control services for an annual estimated amount of $187,000 and a total amount not to exceed $1,030,347 over five (5) years; and WHEREAS, City staff have identified the need to incorporate additional land areas into the Wastewater Division’s current Agreement with Grover for landscape maintenance of newly installed planters from the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade project; and WHEREAS, City staff have identified the need to incorporate additional land areas into the Wastewater Division’s current Agreement with Grover for landscape maintenance due to Wastewater recently purchasing Well 204 site on the corner of Encina #8..
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12/09/2025/UTILITIES/JDANIELS/ITEM # 2 2025-XXX
Ave. and Trask Ln. to house a new lift station; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services”; and WHEREAS, this service is necessary for maintaining proper function of the City’s storm basins, lift stations, and managing stormwater runoff at the Modesto Regional Water Recycling Facility Sutter Campus and Jennings Campus as required by the City’s State regulated Stormwater Discharge Permit.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the first Amendment with Grover Landscape Services, Inc., Modesto, CA for the landscape maintenance, weed abatement, trash removal, and rodent control services, increasing the Agreement amount by $118,511, to a new estimated annual amount of $240,465, a new total amount not to exceed $1,148,858 through the term of the agreement.
BE IT FURTHER RESOLOVED that the City Manager, or his designee, is hereby authorized to execute the amendment, in form approved by the City Attorney. #8..
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12/09/2025/UTILITIES/JDANIELS/ITEM # 3 2025-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of December, 2025 by _____________________, who moved its adoption, which motion being duly seconded by ____________________ was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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FIRST AMENDMENT TO AGREEMENT
WITH GROVER LANDSCAPE SERVICES INC. FOR LANDSCAPE MAINTENANCE,
WEED ABATEMENT, TRASH REMOVAL, AND RODENT CONTROL SERVICES This First Amendment to the Agreement for Landscape Maintenace, Weed Abatement, Trash Removal, and Rodent Control Services (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and Grover Landscape Services Inc., a California corporation (hereinafter “Contractor”) as of __________, 2025.
RECITALS
This First Amendment for Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services is made with regard to the following recitals:
WHEREAS CITY and CONTRACTOR previously entered into an Agreement for Service on the 27 day of August 2024 (the “Original Agreement”), and WHEREAS CITY and CONTRACTOR desire to amend the Original Agreement increasing the estimated annual amount by $53,465 from $187,000 to a new estimated annual amount of $240,465, and
WHEREAS CITY and CONTRACTOR desire to add additional services described in Exhibit D.
NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this First Amendment, the parties agree as follows:
1. THE WORK, Section a, paragraph 1, of the Original Agreement shall be replaced in its entirety with the following:
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“CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “C” and Exhibit “D”, and in strict accordance with the conditions of the complete AGREEMENT.”
2. THE WORK, Section e, paragraph 1, of the Original Agreement shall be replaced in its entirety with the following:
“CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $240,465. The total amount paid by the CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $1,148,858. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts show on Bid attached hereto as Exhibit B.”
3. THE WORK, AGREEMENT PRICING, of the Original Agreement shall be amended to include the following:
LOCATION UNIT OF ISSUE UNIT COST
RWRF – Sutter Campus Parking Lot
Fall/Winter Wastewater Treatment
Plant – Sutter Facility for 14
weeks
BIWEEKLY $4,154
Spring Summer Wastewater
Treatment Plant – Sutter Facility
for 38 weeks
BIWEEKLY $14,196
Encina Well Site
Corner of Encina and Trask WEEK $63.50
4. Except as modified and amended by this First Amendment, all other provisions of the Original Agreement, shall remain unchanged and in full force and effect. #8..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to Agreement by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2025-_____ on the ________ day of ___________, 2025, and Grover Landscape Services Inc. has caused this First Amendment to be duly executed as of the Effective Date.
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ANNUAL AGREEMENT NO 277663
FOR LANDSCAPE MAINTENANCE, WEED ABATEMENT, TRASH REMOVAL, AND RODENT
CONTROL SERVICES
GROVER LANDSCAPE SERVICES INC.
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this __________ day of ____________________ , 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Grover Landscape Services Inc. of Modesto CA, a corporation in CA, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2024-______ authorizing the Award of Bid and agreement for LANDSCAPE MAINTENANCE, WEED ABATEMENT, TRASH REMOVAL, AND RODENT CONTROL SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 305
27th August
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WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the LANDSCAPE MAINTENANCE, WEED ABATEMENT, TRASH REMOVAL, AND RODENT CONTROL SERVICES as described in IFB 2324-61 attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $187,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $1,030,347. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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AGREEMENT PRICING
LANDSCAPE MAINTENANCE, WEED ABATEMENT, AND
TRASH REMOVAL
LOCATION UNIT OF
ISSUE UNIT COST
Sewer Lift Stations
Emerald Sewer Lift Station WEEK $47.00
Hahn Sewer Lift Station WEEK $34.00
Orangeburg Park Sewer Lift
Station WEEK $40.00
Rose/Celeste Sewer Lift Station WEEK $36.00
Rumble Sewer Lift Station WEEK $37.00
Scenic Sewer Lift Station WEEK $41.00
Thousand Oaks Sewer Lift Station WEEK $42.00
Woodland Sewer Lift Station WEEK $48.00
Wastewater Treatment Plant Facilities
Water Quality Control Sutter
Facility
(Weekly service February through
October)
WEEK $256.00
Water Quality Control Sutter
Facility
(Biweekly service November
through January)
WEEK $95.00
Wastewater Treatment Plant
Jennings Facility: weekly
(February-October)
WEEK $363.00
Wastewater Treatment Plant
Jennings Facility: biweekly
(November-January)
WEEK $116.00
Storm Basins and Utilities Easements (UE)
Alder Creek Court Storm Basin MONTH $126.00
Algen Storm Basin MONTH $564.00
Allan Dale (Utility Easement) MONTH $102.00
Alma Ave (Utility Easement) MONTH $105.00
Amigo Drive Storm Basin MONTH $123.00
Buccaneer Court Storm Basin MONTH $110.00
Carpenter Road Storm Basin MONTH $350.00
Cassidy Court Storm Basin MONTH $224.00
Central Basin Storm Basin MONTH $585.00
Coffee/ Claratina Basin Storm
Basin MONTH $182.00
Fairview Basin Storm Basin MONTH $321.00
Grecian Basin Storm Basin MONTH $248.00
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Jim Way Storm Basin MONTH $337.00
Johansen Storm Basin MONTH $655.00
Naraghi Storm Basin MONTH $87.00
North Pointe Storm Basin MONTH $270.00
Orchard Park Storm Basin MONTH $246.00
Orchard Basin Alley MONTH $131.00
Pecos Storm Basin MONTH $178.00
Pelandale Basin Storm Basin MONTH $331.00
Rimrock Way Storm Basin MONTH $103.00
Riverside Drive Storm Basin MONTH $226.00
Rouse (Utility Easement) MONTH $140.00
Salida Blvd Storm Basin MONTH $188.00
Rose Lane Storm Basin MONTH $269.00
Snyder East Storm Basin MONTH $243.00
Snyder West Storm Basin MONTH $206.00
Ustick (Utility Easement) MONTH $112.00
West Basin Storm Basin MONTH $238.00
RODENT CONTROL
Sewer Lift Stations
Emerald Sewer Lift Station WEEK $6.39
Hahn Sewer Lift Station WEEK $6.39
Orangeburg Park Sewer Lift
Station WEEK $8.63
Rose/Celeste Sewer Lift Station WEEK $7.27
Rumble Sewer Lift Station WEEK $6.39
Scenic Sewer Lift Station WEEK $6.39
Thousand Oaks Sewer Lift Station WEEK $37.85
Woodland Sewer Lift Station WEEK $6.39
Wastewater Treatment Plant Facilities
Water Quality Control: Sutter
Facility MONTH $315.82
Wastewater Treatment Plant
Jennings Facility MONTH $315.82
Storm Basins and Utilities Easements (UE)
Alder Creek Court Storm Basin MONTH $13.88
Algen Storm Basin MONTH $144.70
Allan Dale (Utility Easement) MONTH $16.25
Alma Ave (Utility Easement) MONTH $21.70
Amigo Drive Storm Basin MONTH $9.03
Buccaneer Court Storm Basin MONTH $9.60
Carpenter Road Storm Basin MONTH $12.98
Cassidy Court Storm Basin MONTH $8.69
Central Basin Storm Basin MONTH $125.03
Coffee/ Claratina Basin Storm
Basin MONTH $4.84
Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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Fairview Basin Storm Basin MONTH $39.34
Grecian Basin Storm Basin MONTH $32.92
Jim Way Storm Basin MONTH $7.83
Johansen Storm Basin MONTH $61.82
Naraghi Storm Basin MONTH $4.23
North Pointe Storm Basin MONTH $127.28
Orchard Park Storm Basin MONTH $89.48
Orchard Basin Alley MONTH $12.56
Pecos Storm Basin MONTH $11.95
Pelandale Basin Storm Basin MONTH $18.85
Rimrock Way Storm Basin MONTH $8.05
Riverside Drive Storm Basin MONTH $37.75
Rouse (Utility Easement) MONTH $20.69
Salida Blvd Storm Basin MONTH $19.94
Rose Lane Storm Basin MONTH $8.29
Snyder East Storm Basin MONTH $279.27
Snyder West Storm Basin MONTH $214.74
Ustick (Utility Easement) MONTH $14.96
West Basin Storm Basin MONTH $21.88
MISCELLANEOUS
Cost Of Call Back If Over 4 MONTH $100.00
Hourly Rate – Irrigation Repairs HOUR $95.00
Hourly Rate – Extra Work
Assignments HOUR $80.00
2. PREVAILING WAGES:
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “C” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “C” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#: 20240527348
3. CITY REPRESENTATIVE:
CITY Representative: Nolan Harris, Plaint Maintenance Superintendent, (209) 342-4505, [email protected]
Purchasing Contact: Melvin Rosal, Buyer, (209) 577-5420, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
4. CONTRACTOR REPRESENTATIVE:
CONTRACTOR Representative: Vincent Tye, Landscape Maintenance Department Manager, (209) 545-4401, [email protected]
5. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.
Year 1: September 1, 2024 through August 31, 2025
Year 2: September 1, 2025 through August 31, 2026
Year 3: September 1, 2026 through August 31, 2027
Year 4: September 1, 2027 through August 31, 2028
Year 5: September 1, 2028 through August 31, 2029
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
Price adjustments for fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
The index used to determine price adjustments on fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.
6. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 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 via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a. General Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation – in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.
Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
This AGREEMENT number, 277663
CITY department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total
7. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEYS’ FEES:
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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a. Resolution No.2024-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-61
d. Contractor’s City of Modesto business license
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice.
Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materialsin progress to CITY, in which case the CITY will have Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 305
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the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates,summaries and such otherinformation andmaterial as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be effected by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
13. FAILURE TO PERFORM SATISFACTORY WORK:
It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
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Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.
Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
14. ASSIGNMENT OF RIGHTS:
The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS:
CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. DIR REGISTRATION:
Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “C”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, that during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.
17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:
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If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
18. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Grover Landscaping Services, Inc.
6224 Stoddard Rd.
Modesto, CA 95356
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
19. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
20. QUANTITIES:
No minimum or maximum is guaranteed or implied.
21. FUNDING:
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All annual extensions are based upon continuous funding for that purpose by the City Council.
Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
22. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:
If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
23. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment.
The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.
d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
24. CONTRACTOR LICENSES & PERMITS:
CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
25. RECORDS:
All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 #8..
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other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
26. FACILITIES AND EQUIPMENT:
Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
27. INDEPENDENT CONTRACTOR; NOT AGENT:
At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
28. DRUG FREE WORKPLACE:
CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
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29. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
30. 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.
31. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
32. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
33. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
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34. PARTIAL INVALIDITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2024- _________ adopted by the Council of the City of Modesto on the ___________ day of _______________, 2024 and Grover Landscape Services Inc. has caused this Agreement to be duly executed.
Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 August
305 27th
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:
BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
BY: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
Docusign Envelope ID: 1460EF92-C651-4417-9D33-E35E30CB5961 Grover Landscape Services, Inc
President
80-0507137
Mark S. Grover
9/3/2024
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
December 9, 2025
Date: November 12, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Shanon Evans, Interim Fire Chief
SUBJECT: Adoption of the 2025 California Fire Code
CONTACT: David Bickle, Fire Marshal, [email protected], 209-571-5553 DESCRIPTION:
Hearing to consider approving Final Adoption of Ordinance 3802-C.S. 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. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:
This action supports the City of Modesto 2025-2026 Strategic Plan focus on quality of life under Goal A: Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.
BACKGROUND:
The California Building Standards Commission1 (CBSC) adopted the triennial California Fire Code as of July 1, 2025. This code was designed and published to be adopted by ordinance by local jurisdictions as an enforceable set of regulations for the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and from conditions hazardous to life or property in the occupancy of buildings and premises.
DISCUSSION:
The Fire Code establishes the minimum fire and life safety requirements for the State of California and is automatically adopted by State law. It is reviewed and updated every three years. In addition, each local jurisdiction must adopt rules and requirements for administering the Fire Code. Local jurisdictions may also adopt amendments identified by said ordinance that are reasonably necessary as affected by local climatic, geological, or topographical conditions.
Additionally, the adoption of the Fire Code will provide a more unified administration as it applies to inspections and plan checks of construction projects in the City of Modesto. The Fire Code 1 California Building Standards Commission, https://www.ca.gov/departments/56/ #9..
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City Council, December 9, 2025
Adoption of the 2025 California Fire Code
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. It was then introduced at a regular meeting of City Council on November 4, 2025, and was approved to be presented at Public Hearing for adoption of the Ordinance.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Motion approving Final Adoption of Ordinance 3802-C.S. 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:
Shanon Evans, Interim 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
3. Public Hearing Notice
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- 1 - ORDINANCE NO. 3802-C.S.
EFFECTIVE DATE: January 8, 2026
ORDINANCE NO. 3802-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
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- 2 - ORDINANCE NO. 3802-C.S.
EFFECTIVE DATE: January 8, 2026
WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.
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. #9..
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- 3 - ORDINANCE NO. 3802-C.S.
EFFECTIVE DATE: January 8, 2026
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 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; #9..
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- 4 - ORDINANCE NO. 3802-C.S.
EFFECTIVE DATE: January 8, 2026
(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. 3-1.102 Adoption by Reference of the California Fire Code, 2025 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, 2025 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, 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.
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- 5 - ORDINANCE NO. 3802-C.S.
EFFECTIVE DATE: January 8, 2026
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.
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.
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- 6 - ORDINANCE NO. 3802-C.S.
EFFECTIVE DATE: January 8, 2026
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:
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. #9..
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- 7 - ORDINANCE NO. 3802-C.S.
EFFECTIVE DATE: January 8, 2026
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:
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 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 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 #9..
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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 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. (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:
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.
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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:
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:
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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.
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. #9..
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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:
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 #9..
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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.
(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 #9..
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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.
(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. #9..
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(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.
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.
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 onefourth (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.
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(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.
(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. #9..
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(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.
(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. #9..
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(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, 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 #9..
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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 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 #9..
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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.
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:
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 #9..
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EFFECTIVE DATE: January 8, 2026
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.
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 twenty-five (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.
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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. 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:
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(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 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.
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EFFECTIVE DATE: January 8, 2026
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:
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 #9..
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EFFECTIVE DATE: January 8, 2026
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:
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. #9..
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EFFECTIVE DATE: January 8, 2026
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.
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 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 twelvemonth period, and one thousand five hundred ($1,500.00) for any subsequent violations within any twelve-month period.
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EFFECTIVE DATE: January 8, 2026
(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 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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EFFECTIVE DATE: January 8, 2026
(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.
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 #9..
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EFFECTIVE DATE: January 8, 2026
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.
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.
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EFFECTIVE DATE: January 8, 2026
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 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 #9..
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EFFECTIVE DATE: January 8, 2026
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. #9..
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EFFECTIVE DATE: January 8, 2026
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of November, 2025, by Councilmember Wright, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Williams, was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
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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EFFECTIVE DATE: January 8, 2026
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 9th day of December 2025, Councilmember ?? moved its final adoption, which motion being duly seconded by Councilmember ??, was upon roll call carried and the Ordinance adopted by the following vote:
AYES:Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ___________________________
SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: January 8, 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)
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.
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, 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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Created: 2025-06-24 11:09:23 [EST]
(Supp. No. 69)
(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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Created: 2025-06-24 11:09:23 [EST]
(Supp. No. 69)
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:
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. (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:
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 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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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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:
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 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:
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.
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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. #9..
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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:
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.
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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:
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. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.212 Hazardous Materials Occupancies.
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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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
Section 5001.2 of the California Fire Code , the definition of “Hazardous Materials,” is hereby adopted by reference, in addition to:
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 20222025 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. (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:
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 #9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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. #9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
(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.
#9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
(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. #9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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 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.
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.
(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. #9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
(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. #9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
(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). #9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
(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.
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.
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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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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:
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 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:
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. (b) Section 5704.2.9.6.1 of the California Fire Code is hereby adopted by reference, in addition to:
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. (Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.223 Storage of Flammable and Combustible Liquids.
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. #9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
(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:
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 20222025 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.
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:
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.
(Ord. No. 3760-C.S., § 1, effective 5-4-23)
3-1.226 Permits for Liquified Petroleum Gases.
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. #9..
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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 #9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
Section 603.4.1 of the California Fire Code is hereby adopted by reference, in addition to:
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 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:
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:
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:
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.
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:
#9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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 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:
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:
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:
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.
ARTICLE 3. ADMINISTRATION
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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 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.
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.
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 #9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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;
#9..
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Created: 2025-06-24 11:09:24 [EST]
(Supp. No. 69)
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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Created: 2025-06-24 11:09:30 [EST]
(Supp. No. 69)
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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NOTICE OF PUBLIC HEARING
A public hearing will be held by the City Council of the City of Modesto at 5:30 p.m. on Tuesday, December 9, 2025, in the Chambers, Basement Level, 1010 10th Street, Modesto, California, to consider adopting 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. All persons interested are invited to attend the public hearing at the above time and place and will be given an opportunity to be heard. If you challenge the proposed Ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. If you have any questions, please call the City Clerk’s office at 209-577-5396 or the City Attorney’s office at 209-577-5284 or (TDD) 209-526-9211, any weekday from 8:00 a.m. to 5:00 p.m.
DIANA NAYARES-PEREZ,
City Clerk
Pub Dates
November 28, 2025
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
December 09, 2025
Date: November 3, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Hearing to Accept the 2025 Public Health Goals Report CONTACT: Manuel Martinez, Water Division Manager, [email protected], 209-342-4592
DESCRIPTION:
Hearing to consider accepting the Public Health Goals (PHG) Report on the City of Modesto’s water system, in compliance with Title 22 of the California Health and Safety Code. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
Title 22, Section 116470(b) of the California Health and Safety Code requires that all large water system providers issue a public notice on water quality standards within their service area.
In addition to the above requirement, any water system with more than 10,000 service connections is mandated to issue a report every three (3) years documenting any exceedance of a Public Health Goal (PHG) for potable water; this report was last published in 2022. This report is only for the City of Modesto; it does not include our outlying service areas because they have below 10,000 service connections. The water provider is also required to hold a public meeting on the PHG Report where Council may accept and respond to public comment.
DISCUSSION:
The State of California requires the PHG report to include:
Numerical Public Health Risk
Category/Type of Health Risk
Best Available Treatment (BAT)
Estimated Treatment Cost (only operating and maintenance estimated cost; no capital estimated cost included)
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City Council, December 9, 2025
Hearing to Accept the 2025 Public Health Goals Report
Drinking water quality of the City of Modesto meets all State Water Resource Control Board and U.S. Environmental Protection Agency drinking water standards set to protect public health.
PHGs are based on the volume of contaminants ingested. Surface water provides for greater protection of public health without additional investment in wellhead treatment.
Only constituents that meet or exceed a PHG, or Maximum Contaminants Level Goal (MCLG) if there is no PHG, are addressed. Reported constituents are shown in Attachment 2 (Public Health Goals Table).
All water quality data presented in the report was collected between 2022 and 2024. Data was previously summarized and presented to customers through the annual Consumer Confidence Report.
The annual operations and maintenance costs to reduce all contaminants in well water to meet the PHG, are estimated to be approximately $51 million annually, plus capital costs for the treatment systems.
FISCAL IMPACT:
Not applicable.
COMMITTEE RECOMMENDATION:
This item was presented to the Economic Development Committee on November 3, 2025, and was recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution accepting the 2025 Public Health Goals Report in compliance with Title 22 of the California Health and Safety Code.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolution Hearing to Accept the 2025 Public Health Goals
2. Public Health Goals Report 2025
3. Public Health Goals Table (2022-2024)
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12/09/2025/UTL/MMartinez 1
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX
RESOLUTION ACCEPTING THE 2025 PUBLIC HEALTH GOALS REPORT IN COMPLIANCE WITH TITLE 22 OF THE CALIFORNIA HEALTH AND
SAFETY CODE
WHEREAS, Title 22, Section 116470(b) of the California Health and Safety code requires that all large water system provides issue a public notice on water quality standards with their service area; and
WHEREAS, any water system with more than 10,000 service connections is mandated to issue a report every three (3) years documenting any exceedance of a Public Health Goal (PHG) for potable water, the last report was published in 2022; and WHEREAS, the last report was published in 2022 and is only for the City of Modesto; and
WHEREAS, the water provider is required to hold a public meeting on the PHG report where Council may accept and respond to public comment; and WHEREAS, the State of California requires the PHG report to include, Numerical Public Health Risk, Category/Type of Health Risk, Best Available Treatment (BAT), and Estimated Treatment Cost (only operating and maintenance cost, no capital estimated cost included); and
WHEREAS, only constituents that meet or exceed a PHG, or Maximum Contaminants Level Goal (MCLG) if there is no PHG are addressed; and WHEREAS, all water quality data presented in the report was collected between 2022 and 2024, and
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12/09/2025/UTL/MMartinez 2
WHEREAS, drinking water quality of the City of Modesto meets all State Water Resource Control Board and U.S. Environmental Protection Agency drinking water standards.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby accepts the 2025 Public Health Goals Report in compliance with Title 22 of the California Health and Safety Code.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of December, 2025, by __________________ who moved its adoption, which motion being duly seconded by __________________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ______________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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City of Modesto
2025 Public Health Goals Report
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Background
The California Health and Safety Code Title 22 Section 116470(b) specifies that water utilities serving more than 10,000 connections prepare a brief written report every three years that documents detections of any constituents that exceed a Public Health Goal (PHG) in the preceding three years. This report documents the drinking water contaminants in our water supply found to be above a PHGs, or if no PHG, above the Maximum Contaminant Level Goal (MCLG) during calendar years 2022 through 2024. The report must be presented at a public meeting, where Council may accept and respond to public comment. The Department of Drinking Water (DDW) must be notified after the meeting is held.
State law requires the following information to be disclosed in this report:
• Numerical public health risk
• Category or type of health risk
• Best Available Treatment (BAT) technology
• Estimated treatment costs (only operating and maintenance estimated cost; no capital estimated cost included)
The Water Division is recommending that no action be taken regarding the reduction of contaminants to levels below the MCL.
What are Public Health Goals?
PHGs are non-enforceable goals established by the California Office of Environmental Health Hazard Assessment (OEHHA) which is part of Cal-EPA.
PHGs are based solely on public health risk considerations and are not required to be meet by any public water system. None of the practical risk-management factors that are considered by the US Environmental Protection Agency (USEPA) or the California Division of Drinking Water in setting drinking water standards (MCLs) are considered in setting PHGs. PHGs are often not practically achievable from an economic and technological point of view.
When setting MCLs, the regulatory agencies take into consideration analytical detection capability, availability of treatment technology, benefits and cost.
Water Quality Data Considered
All of the water quality data collected by the City between 2022 and 2024 for the purpose of determining compliance with drinking water standards was considered for the 2025 Public Health Goal report. This data was previously summarized and presented to customers in the annual Consumer Confidence Reports.
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Guidelines Followed
The Association of California Water Agencies (ACWA) formed a workgroup which prepared guidelines for water utilities to use in preparing these reports.
The ACWA guidelines were updated in April 2025 and were utilized in the preparation of this report.
Best Available Treatment Technology and Cost Estimates
Both the USEPA and the DDW adopt what are known as BATs or Best Available Technologies which are the best-known methods of reducing contaminant levels to the MCL. Costs can be estimated for such technologies. However, since many PHGs and all MCLGs are set much lower than the MCL, it is not always possible nor feasible to determine what treatment is needed to further reduce a constituent downward to or near the PHG or MCLG, many of which are set at zero. Estimating costs to reduce a constituent to zero is difficult, if not impossible because it is not possible to verify by analytical means that the level has been lowered to zero. If the contaminant is not detected in a sample the result is reported as less than the detection level for reporting. In some cases, installing treatment to further reduce a very low level of one constituent may have an adverse affect on other aspects of water quality. The actual costs to reduce contaminants to PHG levels may differ dramatically from the estimates provided in this report.
Constituents Detected that Exceed a PHG or a MCLG
The following is a discussion of constituents that were detected at levels above the PHG, or if no PHG, above the MCLG.
The estimated operations and maintenance costs per year to reduce all contaminant in our well water to the PHG is approximately $51 million dollars per year.
All cost estimates provided within this report were based on the cost for each BAT provided by ACWA in their 2025 guidance document.
1,1,2-Trichloroethane (1,1,2-TCA)
There was 1 site that contains TCA above the PHG. The BAT for TCA includes Granular Active Carbon (GAC). The cos to reduce TCA in Modesto to meet the PHG is approximately $0.17 million dollars per year. The OEHHA has determined that TCA is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for TCA above the PHG is 1x which means one excess cancer case per million people exposed.
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1, 2 ,3 –Trichloropropane (TCP)
There are 12 sites that contain TCP above the PHGs. The BAT for TCP includes Granular Active Carbon (GAC). The cost to reduce the TCP in all Modesto wells to meet PHGs is approximately $1.23 million dollars per year. The OEHHA has determined that TCP is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for TCP above the PHG is 1x which means one excess cancer case per million people exposed.
Arsenic
There are 49 sites in Modesto that contain Arsenic above the PHGs. The BAT for arsenic includes ion exchange treatment. The cost to reduce arsenic in all Modesto sites to meet PHGs is approximately $19.91 million dollars per year.
The OEHHA has determined that arsenic is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for arsenic above the PHG is 1x which means one excess cancer case per million people exposed.
Benzo(a)pyrene (BaP)
There is 1 site that contains BaP above the PHG. The BAT for BaP includes GAC. The cos to reduce BaP in Modesto to meet the PHG is approximately $0.11 million dollars per year. The OEHHA has determined that BaP is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for BaP above the PHG is 1x which means one excess cancer case per million people exposed.
Dibromochloropropane (DBCP)
There are 4 sites that contain DBCP above the PHGs. The BAT for DBCP includes GAC. The cost to reduce the DBCP in all Modesto wells to meet PHGs is approximately $0.28 million dollars per year. The OEHHA has determined that DBCP is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for DBCP above the PHG is 1x which means one excess cancer case per million people exposed.
Ethylenedibromide (EDB)
There is 1 site that contains EDB above the PHGs. The BAT for EDB includes GAC. The cost to reduce the EDB to meet PHGs is approximately $0.22 million dollars per year. The OEHHA has determined that EDB is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity.
The numerical health risk for EDB above the PHG is 1x which means one excess cancer case per million people exposed.
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Hexavalent Chromium (ChromVI)
There are 2 sites that contain ChromVI above the PHGs. The BAT for ChromVI includes Ion Exchange resins, GAC, and reverse osmosis. The cost to reduce ChromVI in all Modesto sites to meet PHGs is approximately $1.70 million dollars per year. The OEHHA has determined that ChromVI is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity.
The numerical health risk for ChromVI above the PHG is 1x which means one excess cancer case per million people exposed.
Tetrachloroethene (PCE)
There is 1 well that contains PCE above the PHGs. The BAT for PCE includes GAC. The cost to reduce PCE to meet PHGs is approximately $0.11 million dollars per year. The OEHHA has determined that PCE is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity.
The numerical health risk for PCE above the PHG is 1x which means one excess cancer case per million people exposed.
Radium 226
There are 5 sites that contain Radium 226 above the PHGs. The BAT for Radium 226 includes ion exchange treatment. The cost to reduce the Radium 226 in all Modesto sites to meet PHGs is approximately $2.73 million dollars per year. The OEHHA has determined that Radium 226 is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for Radium 226 above the PHG is 1x which means one excess cancer case per million people exposed.
Radium 228
There are 4 sites that contain Radium 228 above the PHGs. The BAT for Radium 228 includes ion exchange treatment. The cost to reduce the Radium 228 in all Modesto sites to meet PHGs is approximately $2.24 million dollars per year. The OEHHA has determined that Radium 228 is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for Radium 228 above the PHG is 1x which means one excess cancer case per million people exposed.
Uranium
There are 50 sites that contain Uranium above the PHGs. The BAT for Uranium includes ion exchange treatment. The cost to reduce the Uranium in all Modesto sites to meet PHGs is approximately $17.89 million dollars per year. The OEHHA has determined that Uranium is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for Uranium above the PHG is 1x which means one excess cancer case per million people exposed.
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Perchlorate
There are 3 sites that contain Perchlorate above the PHGs. The BAT for Perchlorate includes Ion Exchange resins. The cost to reduce the Perchlorate in all Modesto sites to meet PHGs is approximately $1.92 million dollars per year.
The OEHHA has determined that Perchlorate is a health concern at certain levels of exposure and listed the health risk category as endocrine toxicity (affects the thyroid) developmental toxicity (causes neurodevelopmental deficits).
Perfluorooctane-sulfonic acid (PFOS)
There are 6 sites that contain PFOS above the PHGs. The BAT for PFOS includes GAC and Ion Exchange resins. The cost to reduce the PFOS in all Modesto sites to meet PHGs is approximately $0.29 million dollars per year. The OEHHA has determined that PFOS is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for PFOS above the PHG is 1x which means one excess cancer case per million people exposed.
Perfluoro-octanoicacid (PFOA)
There are 13 sites that contain PFOA above the PHGs. The BAT for PFOA includes GAC and Ion Exchange resins. The cost to reduce the PFOA in all Modesto sites to meet PHGs is approximately $0.96 million dollars per year. The OEHHA has determined that PFOA is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for PFOA above the PHG is 1x which means one excess cancer case per million people exposed.
Disinfection ByProducts (DBPs)
Disinfection byproducts (DBPs) are formed when disinfectants, like chlorine, used in drinking water treatment react with naturally occurring organic matter. These byproducts can include trihalomethanes (THMs) and haloacetic acids (HAAs), which are regulated by the EPA due to potential health concerns. • Trihalomethanes (THMs): Includes chloroform, bromoform, bromodichloromethane, and dibromochloromethane.
• Haloacetic acids (HAAs): Includes monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid.
According to the information provided by the California State Water Resources Control Board and other sources, the BAT options for DBPs in drinking water include GAC (which is what was used for the cost estimate for each DBP over the PHGs.
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The OEHHA has determined that THMs are a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for above the PHG is 1x which means one excess cancer case per million people exposed.
Highlighted above are the 3 DBPs that were above the PHGs and are discussed in more detail below.
Bromoform
There are 5 sites (distribution sites) that contain Bromoform above the PHGs; results originate from 15 well sites that contain Bromoform above the PHGs. The cost to reduce Bromoform in all Modesto sites to meet PHGs is approximately $0.59 million dollars per year.
Bromodichloromethane
There are 8 sites (distribution sites) that contain Bromodichloromethane above the PHGs; results originate from 13 well sites that contain Bromodichloromethane above the PHGs. The cost to reduce Bromodichloromethane in all Modesto sites to meet PHGs is approximately $0.50 million dollars per year.
Dibromochloromethane (DBCM)
There are 6 sites (distribution sites) that contain DBCM above the PHGs; results originate from 12 well sites that contain DBCM above the PHGs. The cost to reduce DBCM in all Modesto sites to meet PHGs is approximately $0.25 million dollars per year.
Total Coliform Bacteria
In July 2021, the California Revised Total Coliform Rule became effective. The purpose for the revisions was to provide the public with increased protection against microbial pathogens in drinking water served by public water systems. In the months of September and November 2024, the City of Modesto collected 148 routine samples from the distribution system and two sample tested positive for total coliform bacteria. However, the repeat samples the City of Modesto conducted tested negative for both total coliform and E. Coli bacteria. At this point the City met the MCL standards and did not need further investigation. The one single action that would most likely decrease the possibility of positive bacteria detection would be to significantly increase the disinfectant residual.
However, this would likely result in increased DBPs. Also, there is no action that could be taken with absolute certainty that could ensure that the system would always have zero positive samples.
No cost estimate is required.
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Recommendations for Further Action
The drinking water quality of the City of Modesto meets all State of California, DDW and USEPA drinking water standards set to protect public health. The City of Modesto’s treated surface water, which represents approximately half of the water delivered, does not contain Arsenic, Uranium, DBCP, EDB, PCE, TCE, TCP, Perchlorate, Ra226, Ra228, PFOS, PFAS, ChromVI, BaP, TCA or Coliform above the detection limit for reporting. Since Public Health Goals are set based on the volume of contaminant ingested, conjunctive use of well water and surface water provides for greater protection of public health without additional investment in wellhead treatment.
The Water Division is recommending that no action be taken due to the fact:
• The cost to further reduce the levels of the contaminants identified in this report is estimated at fifty-two million dollars per year plus capital costs for the treatment systems.
• The effectiveness of the treatment processes to provide water that meets the PHG is uncertain because of limitations in analytical instrumentation. • The health protection benefits of reductions below the MCL are uncertain and may not be quantifiable.
• The funds that are available provide better health protection benefits when spent on water system operation, maintenance, surveillance, and monitoring programs.
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Chemical Maximum
Detected
Number of
Sites Health Risk Category Best Available Technology
California
PHG
Cancer Risk @
PHG California MCL Cancer Risk @ MCL
Million Gallons
Per Year
Estimated Cost
per Million
Gallons
Estimated Cost
per Year
Million
1,1,2-Trichloroethane
(1,1,2-TCA) 3 ppb 1 Cancer GAC 0.3 ppb
1 per
1,000,000
persons
5 ppb 2 per 100,000
persons
255 $650 $0.17
1,2,3-Trichloropropane
(TCP) 4.8 ppt 12 Cancer GAC 0.7 ppt
1 per
1,000,000
persons
5 ppt
7 per
1,000,000
persons
1,898 $650 $1.23
Arsenic 9.3 ppb 49 Cancer Ion Exchange 0.004 ppb
1 per
1,000,000
persons
10 ppb 2.5 per 1,000
persons
7,429 $2,680 $19.91
Benzo(a)pyrene
(BaP) 4.5 ppb 1 Cancer GAC 0.007 ppb
1 per
1,000,000
persons
0.2 ppb 3 per 100,000
persons
163 $650 $0.11
Dibromochloropropane
(DBCP) 0.12 ppb 4 Cancer GAC 0.003 ppb
1 per
1,000,000
persons
0.2 ppb 1 per 10,000
persons
434 $650 $0.28
Ethylenedibromide (EDB) 0.025 ppb 1 Cancer GAC 0.01 ppb 1 per
1,000,000
persons
0.05 ppb
5 per
1,000,000
persons
344 $650 $0.22
Hexavalent Chromium
(ChromVI) 3.6 ppb 2 Cancer Ion Exchange 0.02 ppb
1 per
1,000,000
persons
10 ppb 5 per 10,000
persons
636 $2,680 $1.70
Tetrachloroethene
(PCE) 1.1 ppb 1 Cancer GAC 0.06 ppb
1 per
1,000,000
persons
5 ppb 8 per 100,000
persons
177 $650 $0.11
Radium 226 0.21 pCi/L 5 Cancer Ion Exchange 0.05 pCi/L
1 per
1,000,000
persons
5 pCi/L
(combined Ra 226&228)
1 per 10,000
persons
1,018 $2,680 $2.73
Radium 228 1.07 pCi/L 4 Cancer Ion Exchange 0.019
pCi/L
1 per
1,000,000
persons
5 pCi/L
(combined Ra 226&228)
3 per 10,000
persons
835 $2,680 $2.24
Uranium 25 pCi/L 50 Cancer Ion Exchange 0.43 pCi/L
1 per
1,000,000
persons
20 pCi/L 5 per 100,000
persons
6,677 $2,680 $17.89
Perchlorate 2.1 ppb 3
Endocrine Toxicity
(affects the thyroid)
Developmental Toxicity
(causes neurodevelopmental deficits)
Ion Exchange 1.0 ppb NA 6.0 ppb NA 718 $2,680 $1.92
Perfluorooctane-sulfonic acid
(PFOS) 13 ppt 6 Cancer GAC 1.0 ppt
1 per
1,000,000
persons
4 ppt NA 444 $650 $0.29
Perfluoro-octanoicacid
(PFOA) 8.3 ppt 13 Cancer GAC 0.07 ppt
1 per
1,000,000
persons
4 ppt NA 1,472 $650 $0.96
Bromoform 3.5 ppb 5 Cancer GAC 0.5 ppb NA NA NA 1,259 $470 $0.59 Bromodichloromethane 6.7 ppb 8 Cancer GAC 0.06 ppb NA NA NA 1,068 $470 $0.50 2022-2024 Modesto System Public Health Goal Water Quality Table #10..
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Chemical Maximum
Detected
Number of
Sites Health Risk Category Best Available Technology
California
PHG
Cancer Risk @
PHG California MCL Cancer Risk @ MCL
Million Gallons
Per Year
Estimated Cost
per Million
Gallons
Estimated Cost
per Year
Million
2022-2024 Modesto System Public Health Goal Water Quality Table Dibromochloromethane
(DBCM) 5.7 ppb 6 Cancer GAC 4 ppb
1 per
1,000,000
persons
5 ppb
1 per
1,000,000
persons
529 $470 $0.25
Coliform Bacteria
1.35%
Positive
Already
Treated Acute Toxicity
Maintain
Disinfectant
Residual
0%
Positive/
Month NA
Less than 5%
Positive Samples
NA 8,340 NA NA
$51
PHGs may not be attainable or quantifiable.
Cost estimates only include O&M. Costs estimates are provided only to comply with the California requirements.
Million Gallons Per Year was based off of prduction volumes from wells exceeding the PHG.
Estimated Cost per Million Gallons was based on the cost for each BAT provided by ACWA in their 2025 guidance document. ppm is Parts Per Million (mg/L)
ppb is Parts Per Billion (ug/L)
ppt is Parts Per Trillion (ng/L)
pCi/L is Pico Curies Per Liter
TOTAL ESTIMATED O&M COST PER YEAR TO TREAT MODESTO WELLS - MILLION #10..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
December 9, 2025
Date: November 10, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Award of Construction for Dryden Clubhouse Renovation Project CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:
Consider approving the Plans and Specifications for Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., for a total payment amount not to exceed $9,278,564; consider approving an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for a total amount not to exceed $850,164; consider approving the issuance of an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation; and consider approving the increase of the Green Fee by $5 and implementing dynamic pricing. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2025-2026 Strategic Plan Area of Focus: Quality of Life.
BACKGROUND:
Dryden Park Municipal Golf Course is one of two city owned golf courses operated within the City of Modesto. The course was dedicated on October 17, 1959, and on December 5, 1966, the long-awaited Clubhouse construction was completed.
Throughout the years, the clubhouse has been the victim of floods and fires, and has been repaired and restored each time. In winter of 1997, the heavy winter rains and flooding overwhelmed the building causing heavy water damage. Just a few years later, on September 18, 2000, the course’s clubhouse was heavily damaged by fire that started in a trash can outside the 1st floor door of the building and spread throughout the structure. In both events structural, electrical and mechanical damage was repaired.
On August 4, 2020, the Dryden Clubhouse was the victim of another structure fire. The Fire department’s report indicates that this was likely caused by a campfire next to the exterior wall of the clubhouse. The fire spread rapidly, gutting the kitchen and dining area, destroying all the #11..
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City Council, December 9, 2025
Award of Construction for Dryden Clubhouse Renovation Project
items for sale in the clubhouse, and causing a total loss of the structure itself. Staff worked quickly to provide a temporary clubhouse alternative in the form of a modular building, while a full assessment could be done on the clubhouse structure. It quickly became evident that the structure would need substantial renovation and needed to be entirely rebuilt.
Staff evaluated the design of the previous structure and determined that the needs for a golf course clubhouse today differ from the design selected for the building in 1966. In addition, the clubhouse needed to be moved up the hill so that flooding was no longer a concern for the building. Among the improvements to modernize the clubhouse are the addition of an outdoor deck area, expanded pro-shop, upgraded commercial kitchen facilities and expanded dining areas. The newly designed facility will not only accommodate the needs of golfers but will also be able to accommodate non-golf- related social gatherings such as weddings, parties, private events, and community events.
On July 13, 2021, by Council Resolution 2021-285, Council approved a Design Agreement with LDA Partners, Inc. of Stockton, CA., for the preparation of the construction documentation for this project, for an amount not to exceed $324,500. Since then, on June 11, 2024, via Resolution 2024-208, Council approved a first amendment to the design agreement with LDA Partners, Inc., which increased the total of the agreement not to exceed $621,500. LDA completed construction documentation in summer 2025.
DISCUSSION:
The project was advertised for bids August 8, 2025, on OpenGov. Bids were publicly opened on September 23, 2025, pursuant to City Charter Section 1307, and five (5) bids were received; however, two (2) bids were deemed non-responsive. Diede Construction, Inc., of Lodi, CA., was determined to be the responsible bidder with the lowest responsive bid. The bid tabulation is attached, and a summary of the responsive bids is below:
The bid analysis is:
Number of responsive bids received 3
Number of bids within 10% of engineer’s estimate 0
Number of bids above the engineer’s estimate 1
Number of bids below the engineer’s estimate 2
Percent low bid is below the engineer’s estimate 25.48% Diede Construction, Inc., of Lodi, CA, was 25.48% below the engineer’s estimate. The next lowest bid was 19.84% below the engineer’s estimate. The highest bid was 18.85% above the engineer’s estimate. Bidder competition is evident with two bids well below the engineer’s estimate.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. The award of contract for the construction of the Dryden Clubhouse Renovation Project, to Diede Construction, Inc., of Lodi, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Diede Construction, Inc., was the lowest responsive and responsible bidder.
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second #11..
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City Council, December 9, 2025
Award of Construction for Dryden Clubhouse Renovation Project
time on September 12, 2023, by Council Resolution No. 2023-405, established a contract change order authority of 10% for construction contracts under $10,000,000. Staff doesn’t believe a 10% change order authority is necessary on this project and therefore is requesting the Engineering Services Director’s Authority to issue change orders of 8% ($687,301) of the construction contract amount.
While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff work diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.
Considering the size and complexity of the project, staff recommend utilizing consultants to provide Construction Management and Inspection Services for this project. In accordance with City’s Administrative Directive 3.1 “Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects”, an RFP was initiated. In accordance with Modesto Municipal Code 8-3.204(a) “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. However, staff proceeded with the RFP process pursuant to Administrative Directive 3.1, and on April 23, 2025, a Request for Proposals (RFP) was issued for Construction Management, Inspections and Materials Testing for the Dryden Clubhouse Renovation Project on OpenGov and staff received a proposal from one firm. The proposal was evaluated by City staff, and Dillon & Murphy Engineering was selected as the most qualified firm for the project.
Staff is recommending approval of an agreement with Dillon & Murphy Engineering, of Lodi, CA, in the amount of $772,876, plus $77,288 in additional services (if needed), for a total amount not to exceed $850,164.
In addition, staff is recommending a budget of $1,000,000 be set aside for on-course improvements which will include elements such as bunker replacement and other course repairs. Once exact scope of this work is determined staff will return to Council with a contract for the on-course improvements.
FISCAL IMPACT:
Funding for this project is budgeted in Capital Improvement Program (CIP) account #101294 (Dryden Clubhouse Renovation). As part of the funding plan for this project, staff is recommending the use of Measure H funds for a portion of the project funding the amount of $2,676,984. This funding will be recognized from Measure H savings from the funding that was budgeted for the Dr. Martin Luther King Jr. Renovation Project that resulted from the bids coming in lower for the completion of that project. The remaining funding for the Dryden Clubhouse Renovation project that is needed will come from a Water Fund loan that will be established in the amount of $4,930,841 and be paid back from the Golf Fund to the Water Fund over 10 years. The remainder of the project’s revenue and expense budget are outlined below:
#11..
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City Council, December 9, 2025
Award of Construction for Dryden Clubhouse Renovation Project
Funding Sources
Insurance Claim $ 4,620,125
American Rescue Plan Act Fund 1390 $ 400,000
Golf Fund 4600 $ 186,500
Insurance Proceeds from Muni Clubhouse Fire $ 116,104
Measure H Funding (from MLK Jr. Renovation Project Savings) $ 2,676,984 Water Fund Loan (10 Year Repayment Term) $ 4,930,841
Total Funding $ 12,930,554
Project Budget
Construction $ 8,591,263
Construction Contingency (8%) $ 687,301
Construction Management & Inspections Services $ 772,876 Construction Management & Inspections Services Contingency (10%) $ 77,288 Construction Administration – City Staff (1%) $ 85,913
Bid/Design Support During Construction (1%) $ 85,913
Engineering/Design/Admin (previously spent/committed) $ 713,000 Temporary Building/Demolition Related Costs $ 917,000
On-course Improvements $ 1,000,000
Total Cost $ 12,930,554
The creation of the Water Fund loan with the Golf Fund is to be used for the construction of the Dryden Clubhouse Renovation project and will include an interest rate on the loan equal to the actual rate of return earned on the City’s investment portfolio during the 12-month period immediately preceding the payment date. The term of the loan will be for 10 years and will be paid back with revenues earned by the Golf Fund.
One of the proposed ways to pay back the loan and fund the course improvements is an increase to the Green Fees for Dryden and Creekside Golf Courses. Staff is recommending an increase of approximately $5 per round, as outlined in Exhibit A – Proposed Golf Fees, and the implementation of a dynamic pricing model. Under a dynamic pricing model, pricing aligns with demand to increase revenue and maximize play opportunities. Provides golfers with options to choose the best time and price therefore optimizing the tee sheet management and increasing revenues. The adopted green fee will be the maximum fee charged under the dynamic pricing model, but fees may be decreased for certain days and times. The fee increase and the dynamic pricing model would begin on January 1, 2026.
Previously, the Golf Course Advisory Committee has expressed a willingness to consider an increase in conjunction with the proposed course improvements. The Golf Course Advisory Committee considered the increase and new pricing model and approved the item at their meeting on November 19, 2025.
COMMITTEE RECOMMENDATION:
This item was reviewed by the Finance Committee on November 17, 2025, and was recommended to forward to Council for approval.
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City Council, December 9, 2025
Award of Construction for Dryden Clubhouse Renovation Project
CEQA/NEPA REQUIREMENTS:
Staff has prepared a Statement of Categorical Exemption No. EA/PRN 2022-03 for Dryden Golf Course Clubhouse Rebuilding, and the project is exempt from CEQA due to the fact that it is a reconstruction of existing or similar facilities within the same area and for the same purpose with minimal expansion of use compared to the existing golf course.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Plans and Specifications for the Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., in the amount of $8,591,263, authorizing $687,301, in contingency (if needed), for a total payment amount not to exceed $ 9,278,564, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for the Dryden Clubhouse Renovation Project in the amount of $772,876, plus $77,288 in additional services, if needed, for a total amount not to exceed $850,164, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution issuing an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation to include an interest rate on the loan equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the payment date and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Resolution amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101294 (Dryden Clubhouse Renovation) in an amount not to exceed $7,723,929, in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Resolution increasing the Green Fees in accordance with Exhibit A and implementing dynamic pricing model.
Approved by:
Toby Wells, Director of Engineering Services/City
Engineer
Joseph P. Lopez, City Manager
Attachments:
1. Resolutions (5)
2. Exhibit A – Proposed Golf Fees
3. Construction Contract – Diede Construction, Inc.
4. Financial Interest Disclosure Form – Diede Construction, Inc. #11..
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City Council, December 9, 2025
Award of Construction for Dryden Clubhouse Renovation Project
5. Construction Bid Results
6. Construction Management & Inspection Services Agreement – Dillon & Murphy Engineering
7. Financial Interest Disclosure Form – Dillon & Murphy Engineering #11..
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12/09/2025/ESD/NHoux/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE
DRYDEN CLUBHOUSE RENOVATION PROJECT, ACCEPTING THE BID AND
AWARDING A CONSTRUCTION CONTRACT TO DIEDE CONSTRUCTION, INC. OF LODI, CA., IN THE AMOUNT OF $8,591,263, AUTHORIZING $687,301,
IN CONTINGENCY (IF NEEDED), FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $ 9,278,564, AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, August 4, 2020, the Dryden Clubhouse was the victim of a structure fire which rendered the structure unusable and required substantial renovation and needed to be entirely rebuilt; and
WHEREAS, staff evaluated the design of the previous structure and determined that the needs for a golf course clubhouse today, differ from the design selected for the building in 1966; and
WHEREAS, on July 13, 2021, by Council Resolution 2021-285, Council approved a Design Agreement with LDA Partners, Inc. of Stockton, CA., for the preparation of the construction documentation for this project, for an amount not to exceed $324,500; and
WHEREAS, on June 11, 2024, via Resolution 2024-208, Council approved a first amendment to the design agreement with LDA Partners, Inc., which increased the total of the agreement not to exceed $621,500; and
WHEREAS, the project was advertised for bids on August 8, 2025; and WHEREAS, bids were publicly opened on September 23, 2025, pursuant to City Charter Section 1307, and five bids were received; however, two bid was deemed nonresponsive; and WHEREAS, Diede Construction, Inc., of Lodi, CA., was determined to be the #11..
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12/09/2025/ESD/NHoux/Item XX 2 2025-XX
responsible bidder with the lowest responsive bid; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, the award of contract for the construction of the Dryden Clubhouse Renovation Project, to Diede Construction, Inc., of Lodi, CA, conforms to the Modesto Municipal Code, 8-3.203; and
WHEREAS, staff recommends awarding a construction contract to Diede Construction, Inc., of Lodi, CA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Dryden Clubhouse Renovation Project, accepts the Bid and awards a construction contract to Diede Construction, Inc., of Lodi, CA, in the amount of $8,591,263, plus $687,301, in contingency (if needed), for a total amount not to exceed $9,278,564.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #11..
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12/09/25/ESD/NHoux/Item XX 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of December 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 votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#11..
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12/09/2025/ESD/NHoux/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING AN AGREEMENT WITH DILLON & MURPHY
ENGINEERING, OF LODI, CA, FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE DRYDEN CLUBHOUSE RENOVATION PROJECT IN THE AMOUNT OF $772,876, PLUS $77,288 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $850,164,
AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE AGREEMENT
WHEREAS, due to the size and complexity of the Dryden Clubhouse Renovation Project, staff recommend utilizing a consultant to provide Construction Management and Inspection Services; and
WHEREAS, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural and Engineering Services for Capital Projects, a Request for Qualifications and Proposals (RFQ/P) was initiated; and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities; however, staff proceeded with the RFP process pursuant to Administrative Directive 3.1; and
WHEREAS, on April 23, 2025, a Request for Proposals (RFP) was issued for the Dryden Clubhouse Renovation Project, and staff received proposals from one firm; and WHEREAS, City staff evaluated the proposal, and Dillon & Murphy Engineering was selected as the most qualified firm for the Dryden Clubhouse Renovation Project. #11..
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12/09/2025/ESD/NHoux/Item XX 2 2025-XX
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves an Agreement with Dilon & Murphy Engineering., in the amount of $772,876, plus $77,288 in additional services (if needed), for a total amount not to exceed $850,164, for Construction Management and Inspection Services for the Dryden Clubhouse Renovation Project.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of December 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 votes:
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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12/09/2025/ESD/NHoux/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION ISSUING AN INTERFUND LOAN IN AN AMOUNT NOT TO EXCEED $4,930,841 FROM THE WATER FUND 4100 TO THE GOLF FUND 4600 FOR THE CONSTRUCTION FOR PROJECT 101294 DRYDEN CLUBHOUSE
RENOVATION TO INCLUDE AN INTEREST RATE ON THE LOAN EQUAL TO THE ACTUAL RATE OF RETURN EARNED BY THE CITY’S INVESTMENT PORTFOLIO DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING
THE PAYMENT DATE AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION WHEREAS, the City plans to rebuild the Dryden Clubhouse as part of the Dryden Clubhouse Renovation Project; and
WHEREAS, part of the funding for the Dryden Clubhouse Renovation project will come from a Water Fund loan that will be established in the amount of $4,930,841 and be paid back from the Golf Fund to the Water Fund over 10 years; and WHEREAS, the creation of the Water Fund loan with the Golf Fund is to be used for the construction of the Dryden Clubhouse Renovation project and will include an interest rate on the loan equal to the actual rate of return earned on the City’s investment portfolio during the 12-month period immediately preceding the payment date; and WHEREAS, the term of the loan will be for 10 years and will be paid back with revenues earned by the Golf Fund.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the issuance of an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #11..
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12/09/2025/ESD/NHoux/Item XX 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of December 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 votes:
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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12/09/2025/ESD/NHoux/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION AMENDING THE FISCAL YEAR 2025-26 CAPITAL
IMPROVEMENT PROGRAM BUDGET TO FUND PROJECT #101294 (DRYDEN CLUBHOUSE RENOVATION) IN AN AMOUNT NOT TO EXCEED $7,723,929,
IN TRANSFERS, REVENUE, AND TO BUDGET EXPENDITURES TO FUND
THE PROJECT, AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION WHEREAS, the City plans to rebuild the Dryden Clubhouse as part of the Dryden Clubhouse Renovation Project; and
WHEREAS, insurance proceeds from the Municipal Golf Course Fire of $116,104, must be allocated to fund a portion of the project; and WHEREAS, Measure H funding of $2,676,984, savings from the Dr. Martin Luther King, Jr. Park Renovation Project, must be allocated to fund a portion of the project; and
WHEREAS, an interloan from the Water Fund 4100 to the Golf Fund 4600 for $4,930,841, must be allocated to fund a portion of the project; and WHEREAS, the Fiscal Year 2025-2026 Capital Improvement Budget must be amended to fund Project 101294 (Dryden Clubhouse Renovation) in a total amount of $7,723,929, to establish transfers, recognize revenue, and increase expenditures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendments of the Fiscal Year 2025-2026 Capital Improvement Program Budget to fund Project 101294 (Dryden Clubhouse Renovation) in a total amount of $7,723,929, in transfers, revenue and to budget expenditures to fund the project.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby #11..
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authorized to take the necessary steps to implement the provisions of this resolution. #11..
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12/09/2025/ENG/NHoux/Item XX 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of December 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 votes:
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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12/09/2025/ESD/NHoux/Item XX 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION INCREASING THE GREEN FEES IN ACCORDANCE WITH
EXHIBIT A AND IMPLEMENTING DYNAMIC PRICING MODEL
WHEREAS, the City plans to rebuild the Dryden Clubhouse as part of the Dryden Clubhouse Renovation Project; and
WHEREAS, part of the funding for the Dryden Clubhouse Renovation project will come from a Water Fund loan that will be established in the amount of $4,930,841 and be paid back from the Golf Fund to the Water Fund over 10 years; and WHEREAS, one of the proposed ways to pay back the loan is an increase to the Green Fees for Dryden and Creekside Golf Courses by approximately $5 per round per Exhibit A and the implementation of a dynamic pricing model; and WHEREAS, the adopted green fee will be the maximum fee charged under the dynamic pricing model, but fees may be decreased for certain days and times; and WHEREAS, the fee increase and the dynamic pricing model would begin on January 1, 2026.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the increasing the Green Fees in accordance with Exhibit A, and implementing dynamic pricing model.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #11..
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12/09/2025/ESD/NHoux/Item XX 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of December 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 votes:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#11..
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DRYDEN PARK MUNICIPAL GOLF COURSE Current Proposed CREEKSIDE MUNICIPAL GOLF COURSE Current Weekdays, 9-holes $22.50 $25.00 Weekdays, 9-holes $23.50 Weekdays, 9-holes (seniors/juniors/disabled) $20.50 $23.00 Weekdays, 9-holes (seniors/juniors/disabled) $21.50 Weekdays, 18-holes $29.00 $34.00 Weekdays, 18-holes $32.00 Weekdays, 18-holes (seniors/juniors/disabled) $26.00 $31.00 Weekdays, 18-holes (seniors/juniors/disabled) $28.00 Weekday,s 18-holes (juniors, after noon) $22.00 $27.00 Weekdays, 18-holes (juniors, after noon) $23.00Weekdays, Mid-day, 18-holes $25.00 $30.00 Weekdays, Mid-day, 18-holes $26.00 Weekdays, Super-Twilight, 18-holes $19.00 $24.00 Weekdays, Super-Twilight, 18-holes $20.00 Weekdays, Replay $18.00 $23.00 Weekdays, Replay $19.00
Weekends/Holidays, 9-holes $24.50 $27.00 Weekends/Holidays, 9-holes $26.50 Weekends/Holidays, 18-holes $35.00 $40.00 Weekends/Holidays, 18-holes $39.00 Weekends/Holidays, 18-holes (juniors, after noon) $24.00 $29.00 Weekends/Holidays, 18-holes (juniors, after noon) $26.00 Weekends/Holidays, Mid-day, 18-holes $28.00 $33.00 Weekends/Holidays, Mid-day, 18-holes $30.00 Weekends/Holidays, Super-Twilight, 18-holes $22.00 $27.00 Weekends/Holidays, Super-Twilight, 18-holes $24.00 Weekends/Holidays, Replay $21.00 $26.00 Weekends/Holidays, Replay $22.00 Youth on Course $5.00 No Change Youth on Course $5.00
ANNUAL PASS (All Courses)
$2,000/ Year
(Restrictions Apply)
Current Rates Approved by Modesto City Council Resolution No. 2023-513
CITY OF MODESTO GOLF COURSES
GREEN FEE SCHEDULES
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-1- City of Modesto
Dryden Clubhouse
CONSTRUCTION CONTRACT - DRYDEN CLUBHOUSE
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this 9th day of December, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and Diede Construction, Inc., a California corporation, hereinafter called Contractor,
RECITALS:
WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Engineering Services Department for the Dryden Clubhouse project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 23rd day of September, 2025; and
WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and
WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the 9th day of December, 2025 by Resolution 2025-______ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF WORK
SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled Dryden Clubhouse, City of Modesto, Engineering Services Department, Project Number 2026-01, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Engineering Services. #11..
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-2- City of Modesto
Dryden Clubhouse
b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Engineering Services of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:
CONTRACTOR’S BID
Item
No.
Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
BASE BID
1. Mobilization and
Demobilization (Max 5% of
Total Base Bid)
LS 1 $40,260.00 $40,260.00
2. Stormwater Pollution Prevention
Plan (SWPPP)
LS 1 $42,700.00 $42,700.00
3. Temporary Construction
Fencing
LS 1 $2,440.00 $2,440.00
4. Site Preparation (Clearing,
Grubbing, Demolition, &
Disposal)
SF 161,534 $0.50 $80,767.00
5. Site Grading (Rough / Fine) SF 139,609 $0.70 $97,726.30
6. Soil Export LS 1 $12,444.00 $12,444.00
7. Tree Removal EA 19 $976.00 $18,544.00
8. Storm Drain Catch Basins EA 2 $4,270.00 $8,540.00
9. Storm Drain Manhole EA 2 $4,392.00 $8,784.00
10. 18” Storm Drain Line LF 511 $98.00 $50,078.00
11. 12" Storm Drain Line LF 100 $92.00 $9,200.00
12. 8" Storm Drain Line LF 45 $73.00 $3,285.00
13. 6" Storm Drain Line LF 295 $67.00 $19,765.00
14. 4" Storm Drain Line Connection LF 8 $73.00 $584.00
15. Area Drain EA 7 $1,098.00 $7,686.00
16. Horizontal Drain LF 40 $488.00 $19,520.00
17. Bubble Up Drain Outlet EA 1 $6,710.00 $6,710.00
18. Drywell Tie-In EA 2 $1,464.00 $2,928.00
19. Rainwater Leader LF 96 $73.00 $7,008.00
20. Sewer Tie-In EA 1 $976.00 $976.00
21. Sand / Oil Grease Interceptor EA 1 $18,300.00 $18,300.00
22. 4” Sanitary Sewer Line LF 199 $79.00 $15,721.00
23. 3" Sanitary Sewer Line LF 48 $73.00 $3,504.00
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Item
No.
Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
24. Sanitary Sewer Cleanout EA 2 $1,464.00 $2,928.00
25. Floor Drain in Trash Enclosure EA 1 $1,342.00 $1,342.00
26. 6” Water Line (Fire) LF 28 $244.00 $6,832.00
27. 6" Gate Valve (Fire) EA 2 $1,952.00 $3,904.00
28. 2.5” Water Line LF 298 $98.00 $29,204.00
29. 2” Water Line LF 62 $73.00 $4,526.00
30. 3/4” Water Line LF 65 $67.00 $4,355.00
31. 6" Backflow Preventer (Fire
Service Double Check Detector)
EA 1 $15,250.00 $15,250.00
32. 2" Backflow Preventer EA 2 $4,270.00 $8,540.00
33. Fire Hydrants EA 1 $10,370.00 $10,370.00
34. 2" Water Meter EA 2 $1,037.00 $2,074.00
35. Gas Service Allowance LS 1 $50,000.00 $50,000.00
36. 5 Gallon Grass EA 30 $37.00 $1,110.00
37. 1 Gallon Groundcover EA 1,234 $18.00 $22,212.00
38. 1 Gallon Shrub EA 164 $18.00 $2,952.00
39. 5 Gallon Shrub EA 309 $37.00 $11,433.00
40. 15 Gallon Tree EA 28 $220.00 $6,160.00
41. 24" Box Tree EA 3 $427.00 $1,281.00
42. 36" Box Tree EA 3 $1,220.00 $3,660.00
43. Root Barrier LF 2,042 $13.00 $26,546.00
44. 5 Gallon Vine EA 5 $43.00 $215.00
45. Bark Mulch 3" SF 39,727 $1.00 $39,727.00
46. Decomposed Granite SF 528 $15.00 $7,920.00
47. Jute Mesh for Slope SY 887 $7.00 $6,209.00
48. Putting Green (including
drainage system, cups and flags)
SF 3,386 $30.00 $101,580.00
49. Irrigation System SF 34,451 $7.00 $241,157.00
50. Site Electrical System (Electrical
Service, EV Infrastructure,
Lighting, Etc.)
LS 1 $653,493.00 $653,493.00
51. Low Voltage Systems LS 1 $231,800.00 $231,800.00
52. Site Signage (Parking Lot) LS 1 $7,198.00 $7,198.00
53. Flagpole with Foundation EA 1 $9,150.00 $9,150.00
54. Trash Enclosure and Concrete
Pad and Apron
LS 1 $7,930.00 $7,930.00
55. Bike Rack Single Loop EA 6 $854.00 $5,124.00
56. Bike Locker EA 1 $5,856.00 $5,856.00
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Item
No.
Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
57. Asphalt Paving (including
header board)
SF 82,677 $6.00 $496,062.00
58. Concrete Site Flatwork (4"
Sidewalk)
SF 14,031 $12.00 $168,372.00
59. Concrete Site Flatwork (5"
Vehicular)
SF 2,641 $15.00 $39,615.00
60. Concrete Curb and Gutter LF 55 $98.00 $5,390.00
61. Concrete Single Curb LF 2,425 $43.00 $104,275.00
62. Detectable Warning Tiles SF 181 $43.00 $7,783.00
63. Parking Lot Paint Striping LS 1 $15,289.00 $15,289.00
64. Precast Wheel Stops EA 27 $73.00 $1,971.00
65. Monument Sign LS 1 $5,124.00 $5,124.00
66. Temporary Golf Trailer
Relocation and Utilities
LS 1 $4,453.00 $4,453.00
67. Golf Clubhouse LS 1 $5,237,460.00 $5,237,460.00
68. Soil Preparation SF 39,727 $1.00 $39,727.00
69. Fringe Sod SF 1,629 $4.00 $6,516.00
70. Open Turf SF 3,880 $2.00 $7,760.00
71. Landscape Establishment and
Maintenance (Monthly)
EA 2 $3,050.00 $6,100.00
SUBTOTAL BASE BID $8,155,405.30
BID ADD ALTERNATIVE 2 – PERIMETER PAVING AT PARKING LOT 201. Site Grading (Rough / Fine) LS 1 $15,250.00 $15,250.00 202. Asphalt Paving SF 7,700 $6.00 $46,200.00
203. Concrete Curb and Gutter LF 278 $61.00 $16,958.00
204. Concrete Single Curb LF 294 $43.00 $12,642.00
205. Paint Striping LS 1 $1,987.00 $1,987.00
206. Site Lighting (including conduit
and wire)
EA 5 $7,661.00 $38,305.00
207. Soil Preparation SF 4,429 $1.00 $4,429.00
208. 5 Gallon Grass EA 4 $33.00 $132.00
209. 1 Gallon Ground Cover EA 109 $13.00 $1,417.00
210. 5 Gallon Shrub EA 138 $32.00 $4,416.00
211. 15 Gallon Tree EA 15 $183.00 $2,745.00
212. Root Barrier LF 918 $13.00 $11,934.00
213. Bark Mulch 3” SF 4,429 $1.00 $4,429.00
214. Irrigation System SF 4,429 $5.00 $22,145.00
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Item
No.
Item Description Unit of
Measure
Estimated
Quantity
Unit Price
(Figures)
Total Price
(Figures)
215. Landscape Establishment and
Maintenance (Monthly)
EA 2 $1,220.00 $2,440.00
216. Header Board Credit LF -605 $1.00 ($605.00)
217. Bark Mulch 3" Credit SF -7,100 $1.00 ($7,100.00)
SUBTOTAL BID ADD ALTERNATIVE 2 $177,724.00
BID ADD ALTERNATIVE 3 – ROADWAY ENTRY IMPROVEMENTS
301. Demolition and Removal LS 1 $6,832.00 $6,832.00
302. Site Grading (Rough / Fine) LS 1 $11,590.00 $11,590.00 303. Storm Drain Catch Basins EA 1 $4,270.00 $4,270.00
304. Asphalt Paving SF 3,500 $6.00 $21,000.00
305. Concrete Curb and Gutter LF 108 $61.00 $6,588.00
306. Concrete Single Curb LF 204 $43.00 $8,772.00
307. Tube Steel Fence LF 340 $170.00 $57,800.00
308. Pedestrian Gate EA 1 $12,619.00 $12,619.00
309. Automatic Vehicle Swing Gate
& Controls
EA 2 $26,596.00 $53,192.00
310. Pipe Barrier Gate EA 2 $8,921.00 $17,842.00
311. Irrigation System SF 2,398 $7.00 $16,786.00
312. 1 Gallon Groundcover EA 61 $15.00 $915.00
313. 24" Box Tree EA 3 $488.00 $1,464.00
314. Root Barrier LF 231 $13.00 $3,003.00
315. 5 Gallon Shrub EA 106 $49.00 $5,194.00
316. Electrical for Monument Sign
Relocation
LF 220 $8.00 $1,760.00
317. Site Electrical System (Electrical
Service, Lighting, Etc.)
LS 1 $24,400.00 $24,400.00
318. Landscape Establishment and
Maintenance (Monthly)
EA 2 $854.00 $1,708.00
319. Bark Mulch 3" SF 2,398 $1.00 $2,398.00
SUBTOTAL BID ADD ALTERNATIVE 3 $258,133.00
TOTAL BASE BID AND BID ADD ALTERNATIVE 2 & 3 $8,591,262.30
2. CONTRACT DOCUMENTS
The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
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b. Section 00800 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.
All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.
3. COMMENCEMENT AND COMPLETION OF THE WORK
The Work contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Engineering Services receives and has on file:
a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.
Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in the shortest reasonable amount of time.
4. PAYMENT
Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.
5. INDEMNITY
The Contractor 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 #11..
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damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.
Contractor's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.
6. INSURANCE
During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in Exhibit A, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of Exhibit A. Contractor is responsible for uploading updated insurance documentation to the City’s “PINS Advantage” program.
a. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance as required by Exhibit A for the duration of the project and through acceptance by City Council.
7. BONDS
The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City. b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the #11..
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payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.
c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.
8. COMPLIANCE WITH ALL LAWS
Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
9. TERMINATION OF AGREEMENT
Termination by City for Default of Contractor
Should Contractor 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 Contractor. 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 Contractor, dishonesty or theft. Such termination shall be in accordance with the Contract Documents.
If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.
The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
Termination by City for Convenience
The City may terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written #11..
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notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.
A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:
1. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the Notice of Termination;
2. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or undertaken, including materials not delivered;
4. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Contractor in performing the Work whether completed or in process;
5. Settle outstanding liabilities and claims, subject to the approval of City;
6. Complete performance of such part of the Work as has not been terminated;
7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.
B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
1. Any actual costs incurred by the Contractor for restocking charges;
2. The agreed upon price of protecting the Work in any manner, if any, as directed by the City;
3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract agreements or contracts for materials; #11..
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4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums previously paid to the Contractor.
C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.
Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
10. NOTICES
Any notice, payment or instrument required or permitted by this Agreement to be given to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Diede Construction, Inc.
Attn: Steven L. Diede, President
P.O. Box 1007
Woodbridge, CA 95258-1007
Phone: (209) 369-8255
Fax: (209) 368-0600
CITY: City of Modesto
Director of Engineering Services
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5444
Fax (209) 577-4302
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
11. WORKFORCE REQUIREMENTS
Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by #11..
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reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.
12. EXECUTION OF AGREEMENT
The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement.
13. DISPUTE RESOLUTION
All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.
14. MISCELLANEOUS
Time is of the essence of this Agreement.
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Exhibit A-1 City of Modesto
Dryden Clubhouse
Exhibit A:
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, their agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance, utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is required.
5. Professional Liability, with limits no less than $2,000,000 per occurrence or claim (and $2,000,000 policy aggregate), is not required.
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions insurance, with limits no less than $2,000,000 per occurrence or claim (and $2,000,000 policy aggregate), is required.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. #11..
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Exhibit A-2 City of Modesto
Dryden Clubhouse
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Modesto, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site. #11..
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Exhibit A-3 City of Modesto
Dryden Clubhouse
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the Entity for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. #11..
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Exhibit A-4 City of Modesto
Dryden Clubhouse
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City’s Risk Management Division before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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